Your windshield may have recently been struck and damaged by debris flying off a truck that displays the warning sign, “Not Responsible for Broken Windshields.” The truth is that these signs are legally meaningless and intentionally deceitful. Chipped and broken windshields caused by airborne rocks falling out of a truck bed are, unfortunately, a common and completely avoidable occurrence on the freeway. Read more to discover the issues with these warning signs, when a truck driver is liable for the damage that they cause to your vehicle, and what to do if a truck is responsible for your broken windshield.

The Legal Standing Behind These Warning Signs

All drivers are held accountable for the objects that fall out of or off their vehicles, especially truck drivers with a CDL license, who face greater expectations of caution and care. Federal and state regulations do require truckers and trucking companies to secure and fasten all cargo, preventing any material from being thrown or dropping off a vehicle during transportation. Utah and Wyoming laws both prohibit unsecured loads, with transportation codes that require pebbles, dirt, sand, gravel, scrap metal, and similar material to be covered.

Drivers who violate these laws face being charged with an infraction for creating hazards, or with more serious criminal charges if that hazard causes an accident or leads to another driver’s injury or death. Drivers of a commercial vehicle who fail to properly secure their loads are fined at higher rates than those holding a standard passenger license, with Utah fines starting at no less than $500.

Though a truck may have a sticker that reads “Stay Back 200 Feet. Not Responsible for Broken Windshields,” the trucking company or driver is still liable for the cargo that has escaped and damaged a windshield or injured a passenger of another car. These signs are strategically placed to discourage victims from filing a claim or a suit against the trucking company. With a required following distance placed on the back of a truck, drivers who get struck by the truck’s debris are led to believe that it was their fault, and not the trucker’s negligence.  

The Legal Liability Of Run-Away Rocks

Rocks flung up by a truck’s tire are not treated the same as the rocks falling out of a truck bed. Though both can cause broken windshields, a truck driver is not responsible for hazardous material that was already present on the road. Trucks often litter the road with unsecured pebbles and rocks, but if a small object striking your windshield isn’t directly flying from the truck and hitting your vehicle, the truck driver may not be liable for the damage.

Reporting a Truck Driver

Truck drivers have a legal duty of care that requires them to take certain measures to ensure the safety of others on the road by driving safely, maintaining their vehicles, and obeying traffic laws. If you are sharing the road with an improperly loaded truck or you notice a truck spilling out loose cargo, contact your state’s highway patrol. When witnessing a safety emergency or accident, call 911 immediately. You may also consider calling and reporting violations to your state’s department of transportation or to the Federal Motor Carrier Safety Administration. 

Measures to Take After a Broken Windshield

If your windshield is damaged by debris that fell out of a truck, pull over to a safe area and document the incident. Take note of the location, the time, and any identifying characteristics of the truck or trucking company. Capture photos and videos of the damage done to your vehicle. Call a local dispatch number to request a police officer to arrive at the scene and file a report. This will establish official documentation and keep a legal record for any claims you want to make moving forward. 

A truck driver can be unaware of the debris that struck your car, and they won’t stop driving. This makes it tricky to get the information that you need to identify the truck, the driver, or the trucking company. If you can note the trucking company and contact them, their own insurance policies may make it difficult to access any funds to repair your windshield. Hire legal representation to investigate the accident, find footage of the truck, or to help you file a claim under the proper insurance policies, and ensure that you receive the compensation you need to fix your broken windshield or pay for any medical treatment from related injuries. 

Trust LeBaron & Jensen With Your Truck Accident Case

Truck accident cases can be complicated with the parties involved; proving liability without the right legal protection may be incredibly difficult and stressful. Our attorneys offer years of experience, open communication, personalized attention, and free case consultation. We are dedicated to providing you with the best legal support to ensure you recover the damages you’ve suffered. If you or a loved one has been in a truck accident, contact  LeBaron & Jenson for a free consultation and superior legal guidance.