Truck debris damage an insurance issue
WHO’S RESPONSIBLE FOR TRUCK DEBRIS DAMAGE?: DF emails that “many trucks have signs warning you to stay back some distance because they are not liable for damage from things falling off the truck. Is that true? What about if you are in another lane either passing or being passed by a truck and rocks or other items are falling off the truck?”
DF writes because recently “I sped up a lot to get past a truck that was leaving a cloud of sand in its wake and I didn’t need to have my paint sandblasted. I have been in similar situations when rocks were falling off a truck. In (other states) drivers are responsible for any damage resulting from something falling from their vehicle. What is the law in New Mexico?”
Emilee Cantrell, spokeswoman for the New Mexico Department of Transportation, says, “Generally, it is considered accident damage and the driver is responsible and should report it to their insurance company. NMDOT does carry insurance for claims caused during maintenance operations and also requires all of our highway contractors to carry insurance. The department recommends that drivers file with their own insurance and then the insurance company can decide to seek damages from the other companies with reasonable proof.”
In addition, New Mexico requires drivers to cover their loads with tarps. State statute 66-7407 says in part: “No vehicle shall be driven or moved on any highway unless the vehicle is so constructed, loaded, secured or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping.” WANTING MORE WEEDING ON PARADISE: Paula Williams-Diliberto emails, “A couple of months ago I saw men cleaning the north side of Paradise Boulevard. The south side of Paradise is landscaped and beautiful, but the north side is weeds, cactus and trees — making it unsightly. The men cleaned up the north side, but then they stopped at Justin. The rest of that side of the road from Justin west is just horrible — more so than the part they cleaned up, plus they didn’t put down any weed killer so the weeds are growing back fast where they did clean.”
Paula “would like to know who is responsible for the upkeep on Paradise. I don’t know who to complain to as I didn’t notice if they were city or county workers.”
Amor Solano, who heads up Bernalillo County’s Operations and Maintenance Department, says the “county maintains from Golf Course to Justin, so that is why we stopped at Justin. Even though there are county properties adjacent to the road, there is an agreement between the city and county of which sections of the roads we each maintain. ... Our maintenance agreements are based on Right of Way line to ROW line, so the entity would maintain the road, all lanes, medians, the shoulders, the signage, etc.”
And those entities “also ask that residents maintain the set-back area, which is from the edge of the road to their property line — basic cleaning, weeds, tree trimming. We will maintain functional issues such as drainage, sidewalks, inlets. I believe that this area is not really set-back area, so we clean so that it is not a burden on residents to maintain behind their houses (as) that is not an easy access.”
As for landscaping, the north side of the road like the south side, which has a trail, “we typically don’t have funding for landscaping unless it is associated with a trail. So I apologize if the weeds get out of control. We try to stay on top of things as they grow. We are not able to spray or do any weed control. We don’t have licenses and have found that many residents do not like spray because of pets and the environment. So we cut and pull weeds.”
To report a weedy spot in the county right of way, Solano says “you are welcome to call any requests into our Contact Center at 8481503. This would generate a work order to our maintenance crews for cleaning or road repairs.”
For the city portion, it’s 311.