If you do any amount of driving at all, chances are you’ve seen dumptrucks or other commercial vehicles sporting a sign saying something akin to “Keep Back 200 ft. – Not Responsible for Broken Windshields.” And while staying back is very good advice, a safe driving practice and can prevent a lot of those pesky windshield chips, it is very likely the dumptruck which threw a rock and cracked your windshield is very much liable for the damage. Sources from news sites, to forums, to law firm pages all seem to agree that in many cases, these signs are telling a bold-faced lie to fellow motorists.
Are Dumptrucks Liable for Broken Windshields?
When asked the question as to whether these signs are true, one law firm responded with the very predictable answer: “It depends.” The ways a company who owns the offending dumptruck does not have liability for broken windshields are said to be if the rock touches the ground first, or if another vehicle causes the truck to lose part of its load in a way that is no fault of their own. One Reddit forum makes a good point that liability may be different depending on the state in which the incident took place.
You Must Collect the Following Information
Regardless of the particular details of your situation, take these steps to ensure the best chance of winning an argument regarding liability. Pull over or get off the highway as soon as it is safe to do so and collect the following information:
1.) Write down the license number of the dumptruck. (You’ll need to remember it until you can write it down, or have a passenger take a photo of the license plate and the truck.)
2.) Write down a description of the driver.
3.) Write down the date time and location of the incident, including the mile marker if on an interstate highway.
4.) Take a photo of the damage as soon as you are able to do so.
It’s the Principle of the Thing
Motorist accept some risk if they follow trucks (or anyone else) too closely. And if you win in court, you likely will collect nothing more than what it costs to replace your windshield. (Which means you will be out attorney fees.)
If you are like me though, the arrogance of a company posting a sign saying they are not responsible for broken windshields they caused by rocks thrown from their vehicle is enough to get the blood boiling. Recording the information listed above is your best chance to make the company which caused the damage pay for the repairs.
