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[WV] Gravel delivery truck crushed culvert in driveway. It cost us $2,100 to fix it. Is the driver or the gravel company at fault? (self.legaladvice)

jiveabillion が 投稿

My dad had gravel delivered a few weeks ago. The truck's wheel crushed the culvert when crossing the creek on my dad's driveway. Its wheel got stuck and they had to get a backhoe to empty the truck before getting it out of the hole. The driver acted like it was my dad's fault, but shouldn't the driver know the weight of his own truck and what it is capable of driving over? My dad does not know that information. I was going to have my dad call the Gravel Company and ask them to repair it for him, since they have the equipment to do so, but he already had the guy who installed the culvert last spring working on it. He didn't give us a quote, but I figured it would only cost a few hundred bucks and that would be it. Well, it cost $2,100!!! My dad is retired and on Social Security, so he can't afford that. I want to talk to the gravel company and recoup at least half of the cost of the repair, but I need to know where I stand legally on this issue before I speak to them.

Can anyone give advice?

Thanks in advance.

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[–]Lehk 30 ポイント31 ポイント  (6子コメント)

Did your dad notify them of the weight limit of the driveway culvert? Or even that there was a culvert present?

[–]Absolut_Iceland 19 ポイント20 ポイント  (0子コメント)

I hate to be a Debbie Downer on these types of things, but it sounds like your dad might be the one at fault. The big question is did your dad have the culvert built to any particular specifications? If so, did he make the gravel company aware of those specifications and did the gravel truck weigh more than those specifications? If there were specifications and the gravel company was aware of them and the truck weighed more than the specifications then it would be on the gravel company. If there were specs and the truck weighed less than the specifications, regardless of whether the gravel company was aware of them or not, then the person who installed the culvert would be responsible. If there weren't any specifications, or there were but your dad didn't make the gravel company aware of them and the truck weighed more than the specs, then your dad would, unfortunately, most likely be responsible.

The gravel company would have the expectation that they would be made aware of any limitations on accessing your property, rather than having to find out for themselves and/or guess. Even if they can see the culvert, unless they were informed of a weight restriction in advance they would be able to reasonably assume that it was designed to bear the load their truck would place on it.

[–]hatheaded 18 ポイント19 ポイント  (10子コメント)

Have you tried filing a claim with your Dad's homeowner's insurance? They may or may not cover the $2,100 repair but all it costs is a phone call to ask.

[–]Schopsy 6 ポイント7 ポイント  (8子コメント)

Did dad direct them where to unload the truck?

[–]jiveabillion[S] 0 ポイント1 ポイント  (7子コメント)

They were supposed to lay it out in such a way to spread it out along the driveway.

[–]Schopsy 1 ポイント2 ポイント  (6子コメント)

Can you give us an MS Paint sketch? I'm imagining a culvert within the right-of-way but maybe it's a ways off the road and there's room to dump the gravel?

[–]jiveabillion[S] 1 ポイント2 ポイント  (5子コメント)

His driveway goes down a hill about 100 yards, Then it turns to cross the creek over the culvert. We had the culvert extended 20 feet to straighten the driveway so we could have a trailer placed on the property last year. The only way to get across the creek is to go over the culvert.

The same delivery truck had been there a week or so before and they delivered the same amount of gravel and laid it out across the culvert near the trailer. So it had crossed the culvert before without crushing it.

[–]Schopsy 5 ポイント6 ポイント  (4子コメント)

This is helpful. I'm guessing that the culvert failed at the interface between the old and new culverts, correct?

[–]jiveabillion[S] 0 ポイント1 ポイント  (3子コメント)

Yes

[–]Schopsy 7 ポイント8 ポイント  (2子コメント)

I'm guessing that the original contractor butted the new culvert up to the old culvert, tossed a piece of geotextile fabric over the joint and backfilled it. This is not the best way to make this connection but is unfortunately common. I'd be more apt to go after the original contractor than the gravel supplier.

[–]jiveabillion[S] 2 ポイント3 ポイント  (1子コメント)

Well, he's also the one who charged $2,100 to repair it

[–]Schopsy 6 ポイント7 ポイント  (0子コメント)

...to fix his poor initial construction. To be fair, I can't say if you'll be successful in pursuing the original contractor either, but I don't think you have much of a claim against the gravel supplier. LPT: hire the same guy to construct the culvert and the driveway next time. Then there's no mutual finger pointing.

[–]Homer_Goes_Crazy[🍰] 4 ポイント5 ポイント  (1子コメント)

What about any potential responsibility by the guy that installed the culvert originally? Sounds like he didn't do a great job if it was destroyed by a truck.

[–]jiveabillion[S] -2 ポイント-1 ポイント  (0子コメント)

Sounds like it. He's 74 years old, so he could be losing his edge.