I disagree. Likely this type of suite would be handled in small claims court so there is no jury and no lawyers. Also, the law is really clear. There is no scenario where trucks are allowed to spill stuff on the road. The only argument they might try is to say that the rock didn't come from the truck but was kicked up off the road as they drove. But you know, that's probably not going to work if the truck was indeed carrying rocks. I think you might be giving lawyers too much credit. Really all they will do, is make it so painful for you to get in front of a judge, that you give up.
what law are you quoting? in what city/state/country?
I certainly agree that in many cases a rock truck causes damage to entirely innocent drivers who happened to get in the vicinity of spilled rocks without ever intending to (for example if the rock truck passes them, or at intersections, etc.
However -- you said "they absolutely are responsible" and I'm saying, no, it depends. Rock trucks are annoying and dangerous but are clearly necessary for cities to build roads and other infrastructure. Unfortunately, it seems impossible to fully, absolutely secure a rock truck. If a rock truck company came to court prepared with evidence that it had followed (or exceeded) every safety and regulatory procedure, and perhaps that its accident rate is lower than industry average, and further, that the "victim" was tailgating right behind the rock truck (probably in attempt to pass) despite a prominent "stay back 200 feet" sign, even a small-claims judge might say, it's half-and-half, or -- especially if the truck had video of the other driver performing a dangerous maneuver -- that it's actually the driver's fault and therefore no liability from the rock truck company.
> Really all they will do, is make it so painful for you to get in front of a judge, that you give up.
because a dangerous driver will realize that their case is extremely weak due to failing to follow the 200-ft sign. mission accomplished.
