Expert: Richard Hixenbaugh - 12/9/2011

Question
I was driving south down I-75 in Sarasota County Florida. I seen a tractor trailer along side the road on the right with flashers on and two cars in the left break-down area just pass the truck. They also had flashers on. I slowed down and got into the middle lane.(Three lane highway) Right as I got to the area where the truck was I hit something in the road. Turns out it was the trucks driveshaft. I am trying to get his insurance to pay for my auto and they are telling me because it was considered to be a road hazard they are not liable for the damage. Also my wife now has no car to get to work. Any help would be greatly appreciated. Thank you

Answer
Hi Charles,

It would seem to me that unless the truck driver was injured, that he had a duty to be sure the road was clear of the debris that came from his truck. At a minimum he should set up a flare or flagged people away from the area where the drive shaft was located. If he did not do that then I think he would be negligent.

Unfortunately, you may have to get an attorney and sue the truck driver in order to have a judge determine if he is liable or not.

As an alternative, you can file the claim throught your insurance (if you have collision & omprehensive coverage) and then let them fight with the truck driver and his insurance company for reimbursement.

I hope this helps
Richard Hixenbaugh