BS hitch laws and responsibility question

No fries

No fries

Well-Known Member
Joined
Mar 31, 2005
Location
Fort Mill
Our 2 week old company truck. (2500 Siverado gasser) is at a supply house parked driver is inside. Tractor trailer that is delivering materials to the supply yard clips the hitch of our truck. No one says anything and our driver goes on his way, notices vibration and goes back to supply yard. Sees on tape that the truck did hit our and actually gouged the hitch with the lug nuts. Tractor trailer driver says it is illegal to have a hitch in the truck if you aren't towing a trailer. Police agree with this and say since the hitch wasn't part of the truck he isn't responsible.

If there wasn't any damage no harm no foul, but if the vibration that wasn't there is from getting hit now we have fix on our own dime. Frame may be tweaked or something just happened this morning so we are unsure of the damage.

Thoughts?
 
As far as I know NC has no law against leaving the hitch in place, some states do but not NC. I have no idea if there's an ordinance against it in the city where you were, but I've been all over NC with a hitch in my truck and never pulled.

I would say that was a lazy cop and a trucker looking to get off without a report to his company. But I'm no lawyer.
 
There may be something about not OE equipment and protruding from OE bumper etc. IDK But damn he hit it and didn't say anything. I'm sure he is going to do what he can to get out of it. And there is no visible damage to our truck other than the steel hitch which was gouged by his lug nuts.

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Yeah I'd need a statute number to accept that it is law. What I'd it were a receiver mounted rack? With $20k worth of bicycles on it...
 
Yea we are going to have the frame checked, I guess the "damage" was on a $60.00 ball mount so it isn't worth anyone's time in their eyes, but no visible damage doesn't mean there wasn't damage. Truck driver told our driver just take it back to the dealer and tell them it developed a vibration, should be under warranty.:flipoff:
I'm not sure of the statue either since he wouldn't write a ticket.
 
No fries said:
since he wouldn't write a ticket.
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Did he even write an incident report?

If so...does the truck drivers name and address appear on the report? Asking for Matt of course :huggy:
 
Weve got the trucking company name, pictures of the lug nut covers on the ground, asking for the tape from the supplier, supplier employee witness.

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Something about that just doesn’t sound right. If you backed in to somebody and the only thing that hit was the hitch, your defense couldn’t be ‘it’s not part of the truck, so I’m good’. And I thought damn near any time the rear of your vehicle was hit, fault was on the other person. I’d gather whatever info I could on the truck driver and see what your insurance has to say about it.
 
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jeepinmatt said:
Yeah I'd need a statute number to accept that it is law. What I'd it were a receiver mounted rack? With $20k worth of bicycles on it...
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This. should have asked the police to give you the statute number.
I fully respect LEOs and they have a hard job - but it's not uncommon for them to be going on supposition and "just what they've been told."

Call the highway patrol guys that do inspections of stations etc. Those guys know every reg in the book - it's literally their job.
 
Jody Treadway said:
I guess that vendor doesn't need your company's business do they?

I'm pretty up to date on transportation laws and regulations, I have never heard of the hitch BS they are referring to.
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It was a 3rd party trucking company bringing in metal studs to be sold, not the suppliers truck.

RatLabGuy said:
This. should have asked the police to give you the statute number.
I fully respect LEOs and they have a hard job - but it's not uncommon for them to be going on supposition and "just what they've been told."

Call the highway patrol guys that do inspections of stations etc. Those guys know every reg in the book - it's literally their job.
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Yea our driver was the one on the scene, he is not the highest paid employee for that reason. At least he went back though. Good idea on the HWY patrol.

Insurance company has been contacted and if there is damage they will fight it out, I assume. Have not seen the report yet.
 
one obstacle you'll have is that it happened in a parking lot. whether he hit the hitch or the tailgate, its still in a private parking lot. Police cant charge him with a moving violation as it wasnt on a public street and his insurance is going to say, without a crime theres no liability.
 
An incident report should have been written no matter what. NC is a no fault state so the LEO don’t assign fault. I would breath down the LEO’s supervisors neck on that one
 
Well they dispatched a criminal investigator, not really sure that was correct call.... if the truck is truly damaged we will seek compensation, if not no big deal but I think he hit it pretty hard. Yea, it is a unique situation for sure. Small claims is an option too just need to figure out if it is damaged, vibration is "minimal" but is different than it was b4 it was hit.

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Never called SHP because no ticket was issued, truck driver hit ours regardless of what the law is.
Still wonder what statute itis but not wanting to take the time to research longer than 15min. Since it really doesn't impact this situation.

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Reid said:
one obstacle you'll have is that it happened in a parking lot. whether he hit the hitch or the tailgate, its still in a private parking lot. Police cant charge him with a moving violation as it wasnt on a public street and his insurance is going to say, without a crime theres no liability.
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If it's a "public vehicular area" then I don't see that being the case. Pretty much any business parking lot is considered a PVA.
 
Reid said:
one obstacle you'll have is that it happened in a parking lot. whether he hit the hitch or the tailgate, its still in a private parking lot. Police cant charge him with a moving violation as it wasnt on a public street and his insurance is going to say, without a crime theres no liability.
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You dont have to have a crime to have legal liability. Thats the difference between civil law and criminal law.
 
No fries said:
Never called SHP because no ticket was issued, truck driver hit ours regardless of what the law is.
Still wonder what statute itis but not wanting to take the time to research longer than 15min. Since it really doesn't impact this situation.

rockcity said:
It’s on private property, so highway laws are irrelevant.

He hit and damaged the truck. He is responsible. It’s a case of damage to personal property. On private property, your vehicle can have whatever accessory you wish.
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I only suggested calling the SHP bc those guys know the statutes in and out and can confirm or not what the popo said. E.g. using them as a reference. Not to get involved.
 
No way in hell I might hook to 12 different trailers in a day, if it is against the law it’s not the only law I’ve broke
 
You possibly have the criminal charge of hit and run. NCGS 20-166. The only part that comes into question is the first part of the statute that says “the driver of any vehicle who knows or reasonably should know was involved in a crash “. The driver still could be charged but all he has to say is he didn’t know he hit the vehicle and the DA just drops the charge. Best bet is going after the driver’s insurance company. The video will seal the deal. Not much they can refruit. I don’t know of any statute that says the hitch must be removed when not in use. Heck the police cars that we had with hitches on them we didn’t remove.
 
tknopp said:
You possibly have the criminal charge of hit and run. NCGS 20-166. The only part that comes into question is the first part of the statute that says “the driver of any vehicle who knows or reasonably should know was involved in a crash “. The driver still could be charged but all he has to say is he didn’t know he hit the vehicle and the DA just drops the charge. Best bet is going after the driver’s insurance company. The video will seal the deal. Not much they can refruit. I don’t know of any statute that says the hitch must be removed when not in use. Heck the police cars that we had with hitches on them we didn’t remove.
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Hit and run. Exactly what I was about to say.
 
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