Does Sign Limit Trucker’s Liability? - Truckers' Trucking Forum

Cybergal · **^ Top** #1 01.22.2008

Ask Amy: Does Sign Limit Trucker’s Liability?

1/22/08

Quote:

HOUSTON -- If it's ever happened to you, you know the sound -- the crack of your windshield when it's pelted by a rock or some other flying debris.

Rocks, concrete, shells, no matter what it is, if it flies off a truck that's not properly covered, state law says that trucker is responsible for the damages to your vehicle.

The law even goes as far as to say truckers are required to sweep the gravel and dust particles off the outside of their trucks before they hit the road.

One woman asked KPRC Local 2 investigative reporter Amy Davis about a sign she saw posted on the back of a truck. She wondered exactly what it meant legally.

The sign read, "Stay back 200 feet. Not responsible for broken windshields."

Attorneys Davis spoke with say that's bull.

The trucker can't tell you how closely you can follow them and they are still liable for damages, no matter your following distance.

If you're hit with flying debris from a truck, make sure you jot down the license plate number and name of the company, if it's on the vehicle.

Some trucking companies will pay for your damages if you're diligent about documenting all of the trucker's information, the time of day and location.

Here’s the tricky part -- if you don't have proof that the flying debris came from that specific truck, such as witnesses or video from a dashboard camera, the company may put you off.

At the very least, get that vehicle information because police can ticket truckers for not properly covering their loads.

http://www.click2houston.com/investi...58/detail.html#

mjstef · **^ Top** #2 01.22.2008

Were not responsible in Montana. Michigan and Wisconsin are not required to have mudflaps! I see this article as an attorney blowing smoke. Keep back and you won't get hit!

Stevens Sucker · **^ Top** #3 01.22.2008

yes they are if the object came off the truck.
if it came up off the road no
Been there done that

Big Duker · **^ Top** #4 01.22.2008

Had the same scam going in DFW area. Hundreds of gravel haulers out of Bridgeport/Chico running down 114. Couple of years ago they all got these stickers. DPS put a stop to it after about 50 complaints. In TX you are responsible for any damage your truck causes. These guys are supposed to tarp every load too.. Every few months they crack down on the violators. Usually illegals.

mjstef · **^ Top** #5 01.23.2008

The question is how do they know it came off the truck or from a tire??? When you go over Macdonald pass west of town here in the winter you get sandblasted by ANY vehicle in front of you if you follow too close. Did some of it come off a gravel truck?? Maybe but how do you tell???.

Roadmedic · **^ Top** #6 01.24.2008

If they don't want to pay for damages under 200 foot, then they should not pull back in front of you until well past the distance.

Had one pull in and a rock came off. Luckily did not damage the windshield. I assure you if it had, I would have made a claim.

MACK E-6 · **^ Top** #7 01.24.2008

Also, lets everybody make sure were climbing up on top of our van trailers risking our necks to clear them of ice and snow as well. God forbid a chunk of ice hit some tailgating idiot.

Roadmedic · **^ Top** #8 01.24.2008

Quote:

Originally Posted by MACK E-6

Also, lets everybody make sure were climbing up on top of our van trailers risking our necks to clear them of ice and snow as well. God forbid a chunk of ice hit some tailgating idiot.

I saw alot of snow coming off of vehicles on my recent Northeast trip. The majority were SUV's. Granted, there were some of the 18's from where the trailer had sat for a while. Solution, just back off.

Burky · **^ Top** #9 01.25.2008

Quote:

Originally Posted by mjstef

Were not responsible in Montana. Michigan and Wisconsin are not required to have mudflaps! I see this article as an attorney blowing smoke. Keep back and you won't get hit!

I'd recommend you try driving around in Michigan without mudflaps and see how long you get by without being ticketed. I see lots of trucks running without them, but they are usually from out of state, frequently Illinois.

AfterShock · **^ Top** #10 01.30.2008

Hmmmmmmmm

So, if anyone has a broken windshield, from whatever -- maybe a baseball, all they have to do is get the license number and company name off ANY Big truck and file a claim for damages?
Just bring a few friends as witnesses?

Sounds like a perfect scam set-up to me.

I had a similar experience in Illinois once.
I parked across the street from a repair facility for about 20 minutes, then made a U-turn to get into the repair facility, where I remained for about an hour before leaving. NObody said a word about hitting anything during that time.
The next day, my dispatcher wanted to know why I hadn't reported hitting a sign while parked across the street.
WHAT sign?!

I thought they were talking about a sign on the ground, which I didn't see, and neither did my trainee -- or the two mechanics who watched for traffic as I made the U-turn.

Nope!
It was a hanging sign, I was informed.
I was SURE I hadn't hit any sign, so the company sent an investigator out there to check it out. The investigator found the sign, which had been hit numerous times in the past and a claim made for each time. And there was NO evidence on my Big truck or trailer that would indicate I'd hit ANYthing.
No witnesses to the incident, including the trainee and two mechanics.

The sign height was measured and found to be well below 13' 6" though. The person who reported the incident was sited for filing a false collision report AND for having a sign too low. But other companies had just paid the claim without investigating. With all the monies collected, the sign had never been repaired OR replaced. SOMEbody was making bank to the tune of about $1,000 per incident -- and if memory serves me correctly, there had been five or six previous pay-outs. $$$!!
Justice!

Another Big truck driver I know was accused of backing into a 4-wheeler in a rest area. But the Big truck driver remembered that he HADN'T backed up while at that rest area.
What happened?
Well, a 4-wheeler with pre-existing front-end damage RAN INTO the back ICC bumper and reported it as a hit & run. The repair facility he took the 4-wheeler testified that there was a lot of damage to the 4-wheeler prior to the most recent damage.
Justice.

Beware folks!
There ARE scam artists out there just waiting for the opportunity to rip-off truckers.

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