Are dump trucks responsible for windshields?
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Are dump trucks responsible for windshields?
When you’re tooling down road, there are trucks on the asphalt that say it’s not their fault if they break your windshield. We’re talking dump trucks that carry signs warning you to keep back because they aren’t responsible for damage. “The simple truth is — they are responsible for it,” says attorney John McCabe.
How far should you stay behind a dump truck?
For commercial vehicles, including dump trucks and tractor-trailers, this extensive blind spot spans 20 feet in front of the vehicle, 30 feet behind the truck, one travel lane alongside the left side of the vehicle, and two travel lanes alongside the right side of the vehicle.
What happens if a rock hits your windshield from a truck?
If a rock flies directly from the back of a track and hits your windshield, the company may be responsible for the damage. They can be found liable if you stayed 100 to 150 feet away from the truck and/or if you can show that the truck was overloaded and carrying more rock or gravel than they should have been.
What is considered following too close?
Following too closely may be defined as, “situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead he/she could not avoid a collision in the circumstance when the driver in front brakes suddenly.”
Are dump trucks responsible if they break your windshield?
When you’re tooling down road, there are trucks on the asphalt that say it’s not their fault if they break your windshield. We’re talking dump trucks that carry signs warning you to keep back because they aren’t responsible for damage.
Do warning signs on dump trucks have any legal effect?
But what about the warning signs on the backs of dump trucks that say things like “Keep back 300 feet” or “not responsible for windshield damage”? “Those signs have zero legal effect,” says McCabe. “They are not binding at all. It’s fraudulent, it’s deceptive and it’s false that they are not responsible.”
Can a dump truck disclaim liability for damage to a car?
To summarize, then, my view is that a driver whose car is damaged by a rock spilled by a dump truck could file a negligence action for damages, and the advisory and disclaimer on the dump truck would not bar recovery because (1) it is unilateral and therefore ineffective, and (2) one cannot disclaim liability for crimes and infractions.
What happens if a rock falls off a dump truck?
It’s one of the most frustrating things that can happen to a driver — a rock flying off a dump truck damages your windshield or vehicle. But many trucking companies try and avoid responsibility for the damage with signs and disclaimers on their trucks.