Liability for ice?

[russ_g_uk]

Just a general question which crossed my mind driving to work this morning! I was driving down the M6 and a couple of hundred yards further on was an articulted lorry. As it was travelling, and due to the freezing weather this morning, large sheets of ice were falling from the top of his trailer and falling onto the carriageway. Had one of these hit a vehicle I've no doubt it would have caused a bit of bodywork damage at least.

Whilst the driver obviously wouldn't know that the ice was on top of his trailer, would he be liable for any damage caused?

[chrissa1]

Surely it would be a case of trying to prove it russ. Nigh on impossible I would think.

[SeaJayPea]

There have been cases in the past of drivers being prosecuted for carrying an unsafe load in these circumstances. And yes, you could certainly argue that he was carrying something unsafe if it damaged your car.

Imagine six inches of snow forty feet long and eight feet wide falling on your car. That's going to weigh quite a lot, and would definitely defeat all but the most powerful of wipers. After a lifetime in the haulage industry, I still cannot understand why the major companies don't deal with it before going out.

[chas2008]

i seem to remember last year in the snow some drivers were nicked for not clearing it off their vehicles before driving..(it was quiet deep)

Retaining the evidence could be tricky !!!

[TWR]

Chas, you can get done for not clearing snow off the car's roof / bonnet, Russ, the ice your on about is very very thin that builds up the full lenght of the Tautliner trailor, this will do no damage to your car, by te time it lifts off the roof it breaks up. Seajay, the only way this could be done would be on a gantree, other than that a ladder & I doubt many would go to this early in the morning, been there & seen the vidio.

[russ_g_uk]

Heated roofs must be the answer then :) TWR, whilst it was quite thin sheets of ice coming off, I still think it would have caused damage if it had hit at the wrong angle.

Just silly things like this which get me curious on my daily drive into work :)

Thanks

[TWR]

I do not think they will go to that extream Russ, although the HGVs run on 24v there could be problems, my advice as I've been there, this time of the year if poss & the time of day / weather Eg/snow, keep your distance, there are more places than the roof for ice! the underbody of the trailor, the HGVs carry a lot under there. a point for your own safety & every one else if taken, this is the time for Jack Knifes with Artics so just be aware.

[Amy_AskWinns]

I recently came across a similar thread whereby a motorist questioned the liability of a car park that had become flooded after a sudden deluge of rain - these "acts of god" are difficult to designate liability for.

Therefore this is very, very difficult to answer. Basically, you would need to prove that the driver knew about the ice and also had the opportunity and means to clear it. Otherwise I think you would find it tricky to prove liability.

[Old_Geezer]

No expert but I think we all have a duty of responsibility. It would presumably depend on whether it was deemed reasonable to know of the hazard to others caused by choosing to drive the vehicle.

[Nibble]

Unless the drivers main "base" has the facilities to clean the roof of the trailer, and the trailers was in the main base in the hours leading up to the "accident", therefore giving the driver the means/time to clear the ice, IMO the "accident" would be written off by the insurers as an "act of god", hence no payout.