What's with these stupid "not responsible for damaged windshield" on the back of big trucks?

[StageLeft]

Couple times now I've seen dump trucks driving in the city. One said "Not responsible for damage to windshield" from falling rocks from it. Another said something like "Parts may fall off the back of this. Keep your distance. Not responsible for damage." Who the hell comes up with this crap? If something falls off your vehicle I don't care how big the sign is it's your damn fault and you better pay for my windshield! Nowhere in the law does it say the 100 yards behind your vehicle is off limits to other drivers just because you have a sign on the back of your truck.

 

[UNCjigga]

Must be one of those "well-I-come-from-Alabama-with-a-banjo-on-my-knee" deals cuz I've never seen that before! Prolly just covering their bases...

 

[Eli]

Hmm.. Are you sure the signs saying not responsible for damaged windshields isn't referring to the tendancy of those big trucks to launch pebbles like missiles into your windshield and cause cracks?

They're just covering their asses.

 

[Evadman]

Doesn't matter. they are still legaly liable.

 

[StageLeft]

Originally posted by: Eli
Hmm.. Are you sure the signs saying not responsible for damaged windshields isn't referring to the tendancy of those big trucks to launch pebbles like missiles into your windshield and cause cracks?

They're just covering their asses.

Yes that's what it's for but I'm sure that use of such a sign wouldn't stand up in court would it?

 

[Evadman]

Originally posted by: Skoorb

Originally posted by: Eli
Hmm.. Are you sure the signs saying not responsible for damaged windshields isn't referring to the tendancy of those big trucks to launch pebbles like missiles into your windshield and cause cracks?

They're just covering their asses.

Yes that's what it's for but I'm sure that use of such a sign wouldn't stand up in court would it?

It would not.

 

[Riprorin]

This post made me think of this song:

"Signs"

(As recorded by Five Man Electrical Band)
LES EMERSON

And the sign said "long haired freaky people, needn't ought apply"
So I tucked my hair up under my hat, and I went in to ask him why
He said "you look like a fine upstanding young man, I think you'll do"
So I took off my hat, I said "imagine that, huh, me working for you!", woah

Sign, sign everywhere a sign
Blocking out the scenery breaking my mind
Do this don't do that can't you read the sign?

And the sign said "anybody caught trespassing would be shot on sight"
So I jumped on the fence and yelled at the house, "hey what gives you the right?"
To put up a fence to keep me out, or to keep mother nature in
If God was here he'd tell you to your face: "man you're some kind of sinner!"

Sign, sign everywhere a sign
Blocking out the scenery breaking my mind
Do this don't do that can't you read the sign?

Now hey mister can't you read
You got to have a shirt and tie to get a seat
You can't even watch, no you can't eat, you ain't supposed to be here

Sign said you gotta have a membership card to get inside, ooh

And the sign said "everybody welcome, come in, kneel down and pray"
But when they passed around the plate at the end of it all, I didn't have a penny to pay
So I got me a pen and a paper and I made up my own little sign
I said "thank you Lord for thinking of me, I'm alive and doing fine!", woah

Sign, sign everywhere a sign
Blocking out the scenery breaking my mind
Do this don't do that can't you read the sign?

Sign, sign everywhere a sign

Sign, sign

(c) Copyright 1970 by 4-Star Music Co., Inc.

 

[zsouthboy]

Originally posted by: Evadman
Doesn't matter. they are still legaly liable.

Yep. Perhaps the warnings make people not even bother if they get hit with a rock... :disgust:

 

[Hayabusa Rider]

Wow, now if I decide to get drunk and drive all I need is a sign!

"Not responsible if I run over your kid"

Isnt this great?

 

[Evadman]

Originally posted by: Hayabusarider
Wow, now if I decide to get drunk and drive all I need is a sign!

"Not responsible if I run over your kid"

Isnt this great?

More like "not responsable for exceeding the speed limit because my bike does not like to run at less than 11,000 rpm in 5th gear."

 

[StageLeft]

Originally posted by: Hayabusarider
Wow, now if I decide to get drunk and drive all I need is a sign!

"Not responsible if I run over your kid"

Isnt this great?

Damn you I was gonna make the DUI sign comment!

 

[Hayabusa Rider]

Originally posted by: Evadman

Originally posted by: Hayabusarider Wow, now if I decide to get drunk and drive all I need is a sign! "Not responsible if I run over your kid" Isnt this great?

More like "not responsable for exceeding the speed limit because my bike does not like to run at less than 11,000 rpm in 5th gear."

Well, yeah, point being?

 

[Evadman]

Originally posted by: Skoorb

Originally posted by: Hayabusarider
Wow, now if I decide to get drunk and drive all I need is a sign!

"Not responsible if I run over your kid"

Isnt this great?

Damn you I was gonna make the DUI sign comment!

WTF? Only you would start a thread, having a reasonable expectation of where it would go, and have coments pre-written for replies.

 

[StageLeft]

WTF? Only you would start a thread, having a reasonable expectation of where it would go, and have coments pre-written for replies.

I only thought that one up no more than 20 seconds before I read it already written. I Proooomise!

 

[Evadman]

Originally posted by: Skoorb

WTF? Only you would start a thread, having a reasonable expectation of where it would go, and have coments pre-written for replies.

I only thought that one up no more than 20 seconds before I read it already written. I Proooomise!

sure, I believe you

 

[tk149]

The signs probably Wouldn't stand up in court.

But it's probably not meant to. It's just a warning to people so they remember to put some distance between their cars and the big truck, to minimize the number of pebble-windshield collisions.

 

[Eli]

Huh.. I don't think I understand.

It is not the trucks fault that there are pebbles on the road.

In your first post, you make it seem like the falling debris could be comming from the cargo of the truck itself, in which case I would think they could be liable..

But they aren't liable for launching the rocks on the side of the road into your windshield..... are they?

If anything, it would be your fault for following too close... Wouldn't it be basically considered an act of God, or something of the sort? The truck driver has no control over it.

Hell, you could technically get a chipped windshield from any car.. It's just easier for the rocks to hit your windshield with the bigger ones.

 

[gopunk]

Originally posted by: Eli
Huh.. I don't think I understand.

It is not the trucks fault that there are pebbles on the road.

In your first post, you make it seem like the falling debris could be comming from the cargo of the truck itself, in which case I would think they could be liable..

But they aren't liable for launching the rocks on the side of the road into your windshield..... are they?

If anything, it would be your fault for following too close... Wouldn't it be basically considered an act of God, or something of the sort? The truck driver has no control over it.

Hell, you could technically get a chipped windshield from any car.. It's just easier for the rocks to hit your windshield with the bigger ones.

people should all get mudflaps.

 

[NogginBoink]

Originally posted by: Evadman

Originally posted by: Skoorb

Originally posted by: Eli
Hmm.. Are you sure the signs saying not responsible for damaged windshields isn't referring to the tendancy of those big trucks to launch pebbles like missiles into your windshield and cause cracks?

They're just covering their asses.

Yes that's what it's for but I'm sure that use of such a sign wouldn't stand up in court would it?

It would not.

But it might cause stupid people not to file insurance claims against the trucking company. From a business perspective, a $1 sign that prevents a $100 insurance claim is a pretty good investment, no?

 

[ElFenix]

i hate dumptrucks. cracked windows aren't what i worry about, chipped paint is. why hasn't anyone engineered a door that closes all the way and stays close?

 

[OutHouse]

"Not Responsible for Broken Windshields
Story by: DU Law Professor Jan Laitos
April 1, 2001

Is a truck legally liable when debris from it flies into and cracks your car windshield? Is the trucking company excused from liability when it installs a sign on the back of the truck saying it is not responsible for broken windshields if the car is following too closely?

It is common throughout the 9News area to see gravel and rock and dump trucks on our highways that are carrying substances that can fall off the moving truck, and break a windshield of a car that is behind it. Often these trucks have signs on the back of the vehicle that seem to say that if the car is following too closely, the truck is not responsible for any damage that might be caused. Do these signs in fact, and as a matter of law, excuse the truck from liability if a windshield is cracked from material that flies off the truck?

One answer to this question is found in state law. As a matter of statutory law, vehicles which are carrying material shall not have that material fly off the vehicle so that it hits and damages other cars. The State Patrol will enforce this law, and cite trucks that either cause accidents or property damage as a result of their loads falling off the vehicle and hitting other motor vehicles. There is no exception in this law for trucks that put warning signs on the truck.

Another answer to the question lies in "common law," which is judge-made law. As a general rule, a person is not excused from liability merely by putting a sign up warning others that the person with the sign is excused from liability. The @ISSUE story makes this point.

However, if there is a sign on a truck that is a warning to a motorist to drive at least 200 feet behind the truck, and if a vehicle is driving really close to the truck (within 200 feet) when debris from the truck hits the windshield, the fact that the vehicle with the cracked windshield is driving very close, despite the warning, could be used in court to mitigate the liability damages for the truck owner. After all, the truck did try to warn, and if the motorist ignored the warning, that fact would probably not be ignored by a court.

State law also provides that certain loads be covered, depending upon how large in diameter the load is that is being carried by the truck. Failure to cover these loads will also be relevant if part of the load is blown off of a truck, and in turn hits the windshield of a following car.

The best piece of non-legal advice that can be provided is simply this:
Cars should stay back from trucks, and don't follow them too closely; and trucks should cover their loads, and not assume signs on the back of the truck excuse them from liability.

 

[Gonad the Barbarian]

If they kick up a rock and crack your windsheild they probably aren't liable, but if they have an unsecured load and some of that flies off and cracks your windsheild then they darn sure are.

However, if there is a sign on a truck that is a warning to a motorist to drive at least 200 feet behind the truck, and if a vehicle is driving really close to the truck (within 200 feet) when debris from the truck hits the windshield, the fact that the vehicle with the cracked windshield is driving very close, despite the warning, could be used in court to mitigate the liability damages for the truck owner. After all, the truck did try to warn, and if the motorist ignored the warning, that fact would probably not be ignored by a court.

It should be ignored by the court. If I wore a sign on my chest that said 'you must stay at least 200 feet away from me' and then blatantly shot someone who dared venture closure, would the fact that I was wearing the sign make my actions any less of a crime?

 

[Eli]

Originally posted by: gopunk

Originally posted by: Eli
Huh.. I don't think I understand.

It is not the trucks fault that there are pebbles on the road.

In your first post, you make it seem like the falling debris could be comming from the cargo of the truck itself, in which case I would think they could be liable..

But they aren't liable for launching the rocks on the side of the road into your windshield..... are they?

If anything, it would be your fault for following too close... Wouldn't it be basically considered an act of God, or something of the sort? The truck driver has no control over it.

Hell, you could technically get a chipped windshield from any car.. It's just easier for the rocks to hit your windshield with the bigger ones.

people should all get mudflaps.

Mudflaps are required in the US, at least in Oregon.. It still doesen't prevent all cracked windshields, though.

Originally posted by: Citrix
"Not Responsible for Broken Windshields
Story by: DU Law Professor Jan Laitos
April 1, 2001

Is a truck legally liable when debris from it flies into and cracks your car windshield? Is the trucking company excused from liability when it installs a sign on the back of the truck saying it is not responsible for broken windshields if the car is following too closely?

It is common throughout the 9News area to see gravel and rock and dump trucks on our highways that are carrying substances that can fall off the moving truck, and break a windshield of a car that is behind it. Often these trucks have signs on the back of the vehicle that seem to say that if the car is following too closely, the truck is not responsible for any damage that might be caused. Do these signs in fact, and as a matter of law, excuse the truck from liability if a windshield is cracked from material that flies off the truck?

One answer to this question is found in state law. As a matter of statutory law, vehicles which are carrying material shall not have that material fly off the vehicle so that it hits and damages other cars. The State Patrol will enforce this law, and cite trucks that either cause accidents or property damage as a result of their loads falling off the vehicle and hitting other motor vehicles. There is no exception in this law for trucks that put warning signs on the truck.

Another answer to the question lies in "common law," which is judge-made law. As a general rule, a person is not excused from liability merely by putting a sign up warning others that the person with the sign is excused from liability. The @ISSUE story makes this point.

However, if there is a sign on a truck that is a warning to a motorist to drive at least 200 feet behind the truck, and if a vehicle is driving really close to the truck (within 200 feet) when debris from the truck hits the windshield, the fact that the vehicle with the cracked windshield is driving very close, despite the warning, could be used in court to mitigate the liability damages for the truck owner. After all, the truck did try to warn, and if the motorist ignored the warning, that fact would probably not be ignored by a court.

State law also provides that certain loads be covered, depending upon how large in diameter the load is that is being carried by the truck. Failure to cover these loads will also be relevant if part of the load is blown off of a truck, and in turn hits the windshield of a following car.

The best piece of non-legal advice that can be provided is simply this:
Cars should stay back from trucks, and don't follow them too closely; and trucks should cover their loads, and not assume signs on the back of the truck excuse them from liability.

Yes, I figured they were liable in that event. I thought we were talking about the tires of the truck launching rocks at your windshield though.

 

[olds]

In California, the only thing that can legally spill from a truck is clean water and feathers from live poultry. If something falls from a truck, they are liable. If they kick up something that was already on the road you are out of luck.

 

[datalink7]

Originally posted by: Riprorin
This post made me think of this song:

"Signs"

(As recorded by Five Man Electrical Band)
LES EMERSON

And the sign said "long haired freaky people, needn't ought apply"
So I tucked my hair up under my hat, and I went in to ask him why
He said "you look like a fine upstanding young man, I think you'll do"
So I took off my hat, I said "imagine that, huh, me working for you!", woah

Sign, sign everywhere a sign
Blocking out the scenery breaking my mind
Do this don't do that can't you read the sign?

And the sign said "anybody caught trespassing would be shot on sight"
So I jumped on the fence and yelled at the house, "hey what gives you the right?"
To put up a fence to keep me out, or to keep mother nature in
If God was here he'd tell you to your face: "man you're some kind of sinner!"

Sign, sign everywhere a sign
Blocking out the scenery breaking my mind
Do this don't do that can't you read the sign?

Now hey mister can't you read
You got to have a shirt and tie to get a seat
You can't even watch, no you can't eat, you ain't supposed to be here

Sign said you gotta have a membership card to get inside, ooh

And the sign said "everybody welcome, come in, kneel down and pray"
But when they passed around the plate at the end of it all, I didn't have a penny to pay
So I got me a pen and a paper and I made up my own little sign
I said "thank you Lord for thinking of me, I'm alive and doing fine!", woah

Sign, sign everywhere a sign
Blocking out the scenery breaking my mind
Do this don't do that can't you read the sign?

Sign, sign everywhere a sign

Sign, sign

(c) Copyright 1970 by 4-Star Music Co., Inc.

Great song.