Gravel Trucks and Windshields

[PPBart]

Taking my dog to the vet this morning when a gravel truck passed me. Om his rear were two signs: "STAY BACK 300 FEET" and "NOT RESPONSIBLE FOR BROKEN WINDSHIELD". I've had numerous windshield chips and cracks over the years and I've often wondered but never asked: Is the truck driver really not responsible when a rock flies off his load and cracks some innocents windshield? Is there some LA statute that provides that exemption?

 

[Jack]

No statute that I know of, but I really doubt a sign removes them from liability, especially if it is from their negligence. The sign doesn't constitute an agreement of any kind and they certainly don't own a football field worth of real estate behind them.

 

[Dgraham225]

It's normally chalked up to road hazard, hard to prove it come from the truck if all the necessary precautions are taken by the driver like tarp down. It's advisable to heed the warning and stay back a ways lol!

 

[Cat]

There are DOT statutes concerning secure loads. Unfortunately a rock peck isn't necessarily covered. It could be, but not just a stray rock.


§383. Loads on vehicles; care required thereto; penalties; definition

The load on a vehicle shall not drop, sift, leak, or otherwise escape therefrom, except that sand may be dropped on a highway to secure traction or a liquid substance may be dropped on a highway to clean or maintain such highway.
Any load of garbage, refuse, sludge, and other discarded material being transported by a commercial hauler shall be covered while being transported in such a manner as to prevent the load from spilling or dropping from the vehicle.
Any violation of Paragraph (2) of this Subsection for failure to cover any load of garbage, refuse, sludge, and other discarded material shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
The penalty provisions of Paragraph (3) of this Subsection shall not apply when the load was properly covered and subsequently became uncovered as the result of an accident or circumstances beyond the control of the operator of the vehicle.
The load on any vehicle shall be securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
Freight containers, as defined in 49 CFR 171.8, used in both the waterborne transport of cargo and in the overland transport of cargo shall be properly secured so as to prevent the container from becoming loose, detached, or in any manner a hazard to other users of the highway.
Any violation of Paragraph (2) of this Subsection shall be punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.
The penalty provisions of R.S. 32:383(B)(3) shall not apply when the freight container was properly secured and subsequently became loose or detached as the result of an accident or circumstances beyond the control of the operator of the vehicle.
"Loose material" means dirt, sand, gravel, or other material that is capable of blowing or spilling from a vehicle as a result of movement or exposure to air, wind currents, or weather, but shall not include agricultural products in their natural state or wood chips.

§383.1. Loads of loose materials on vehicles; care required thereto; penalties
Any load of loose material as defined in R.S. 32:383(C) being transported by a commercial hauler, or in a vehicle purchased by the state or any political subdivision of this state after August 15, 1999, shall be covered in such a manner as to prevent the load from blowing, spilling, or dropping from the vehicle. However, a load of dirt or sand shall be exempt from the provisions of this Section if the load is being transported within a municipality with a population of not less than ten thousand five hundred nor more than eleven thousand two hundred in a parish with a population of no less than thirty-one thousand two hundred fifty nor no more than thirty-two thousand five hundred all according to the latest decennial census, and the speed of the vehicle transporting the load does not exceed twenty-five miles per hour.
Any violation of this Section for failure to cover a load of loose material while being transported shall be punishable by a fine of not less than one hundred dollars or more than two hundred dollars.
Acts 1991, No. 555, §1; Acts 1995, No. 544, §1; Acts 1999, No. 258, §1; Acts 2001, No. 787, §1; Acts 2001, No. 1205, §1. -

 

[Cat]

No statute that I know of, but I really doubt a sign removes them from liability, especially if it is from their negligence. The sign doesn't constitute an agreement of any kind and they certainly don't own a football field worth of real estate behind them.

No, and the sign isn't meant to convey the lack of liability. Many transport or commercial trucks have warning songs posted on their trailers. If you pay attention the most common is "this trailer makes wide left hand turns."

It is awareness for the vehicle behind it. The majority of your CDL drivers are trained to watch for smaller vehicles. Even though the gravel truck is not at fault, it is always enforced to practice safety awareness in the field. Accidents don't stop at the trooper saying it's not your fault. You don't drive home and it's over like a private driver. Especially if you are a large company with multiple vehicles. An "innocent" incident can drag the state all up in your files and driver history from the last several years. It's called a DOT audit and can be just as brutal as the IRS. BTDT.

So. Yes. Even though that sign doesn't mean anything legally, it can start an avalanche of attention from higher ups for lack of safety prevention. It's a serious thing.

Just a rock in this case. But those silly little signs aren't necessarily for legal purposes.it covers the bureaucratic corporation brouhaha and red tape.

 

[Jack]

No, and the sign isn't meant to convey the lack of liability. Many transport or commercial trucks have warning songs posted on their trailers. If you pay attention the most common is "this trailer makes wide left hand turns."

It is awareness for the vehicle behind it. The majority of your CDL drivers are trained to watch for smaller vehicles. Even though the gravel truck is not at fault, it is always enforced to practice safety awareness in the field. Accidents don't stop at the trooper saying it's not your fault. An "innocent" incident can drag the state all up in your files and driver history from the last several years. It's called a DOT audit and can be just as brutal as the IRS. BTDT.

So. Yes. Even though that sign doesn't mean anything legally, it can start an avalanche of attention from higher ups for lack of safety prevention. It's a serious thing.

While I certainly understand what you are saying, I have a hard time thinking that a sign saying they aren't responsible isn't designed to make people think they aren't responsible. To me, a warning sign would be "Trucks are likely to kick up rocks" or "truck makes wide turns" certainly not "not responsible if I make a wide turn and hit you"

 

[Danny Abear]

Very doubtful a rock would fly off truck straight onto your windshield. Im not a law finding genius, but as I recall, if a rock falls from the truck and hits the roadway before it bounces up and hits your windshield, it is considered litter or something. Our friendly lesislators protect the gravel haulers just like they allow the cane haulers to track mud onto the highways and drop cane everywhere, buy it is not considered littering.

 

[RedStickChick]

I think it has something to do with liability. Like if the sign's there, they're blatantly saying it could happen like Jack said.

Although, my dad was behind an 18 wheeler a good distance when one of those belts popped and he got a 15 lb buckle through the windshield. He swerved and it went through the passenger side, but still. Holy crap. I'd be freaking out if it was me.

Oh, and the truck company paid for his new windshield.

 

[charlie12]

Many years ago I was a welder for a gravel company on La. 16 and one day a truck came back to our shop and just about begged me to fix his trailer.
Seems like he had just broken a Troopers windshield and the Trooper told him he better not come back on the road until it was fixed.

So I fixed the WORN out lock on his tailgate and sent him back out.

 

[DynoLa]

I used to do work for a trucking company. They told me one day that they are always paying for replace people's broken windshields. If the person can tell them the day, time, and location of the rock toss, they will repay for the repair. Because of the tracking and permits for the trucks over the highways, they know if they had a truck with a load on that road, at that time. It helps if you can give them the truck number.

Hope this helps.

 

[Wolfgang1952]

Best thing to do is take a picture of the truck, right down the license number, date and time and then call State Police.

 

[Barry J]

If a rock falls from a truck and breaks a windshield, the truck is responsible. If a rock is thrown up from the road by a trucks tire, the truck is not responsible. The problem is proving which one happened. The state police, at least when I was there, wouldn't make a crash report for a broken windshield. A broken windshield does not meet the minimum amount of damage required to file a report. And many times I would stop and make a farmer scrape mud off the highway.

 

[PPBart]

...It's advisable to heed the warning and stay back a ways lol!

At 300 feet I probably couldn't even see the sign, much less read it! <G>

 

[JBP55]

If a rock falls from a truck and breaks a windshield, the truck is responsible. If a rock is thrown up from the road by a trucks tire, the truck is not responsible. The problem is proving which one happened. The state police, at least when I was there, wouldn't make a crash report for a broken windshield. A broken windshield does not meet the minimum amount of damage required to file a report.

This is the advise your insurance company will give you and unless it is on video it is very hard to prove a rock that cracked your windshield came directly from the truck.
Have glass coverage and use it when necessary which is quite often in this area with all the gravel trucks on the road.

 

[TomTerrific]

Here in Kentucky there is no deductible for windshield repair.

I've already taken advantage of it.

 

[jimdana1942]

If there's no vehicle behind a gravel truck and a rock falls from the trailer, did a rock really fall if there's no one there to see it?

 

[ABNsurveyor]

Then there is always the case of the truck speeding (often excessively) and passing you and a rock or chunk of wood hitting your windshield. I just replaced my windshield in September from a gravel truck driving the opposite direction flipping up a rock and cracking by windshield over half way across. Two weeks ago a logging truck passed me driving well over 70mph in a 55 zone and a chunk of wood chipped my windshield. And as for the stay back 300’ not responsible load of $#!^. It is hard to obey the sign when they are breaking the law and speeding and passing you.

Not that I am bitter about it or anything.

 

[VeedUp]

I seen a 4x4 block fly off a loaded trailer it bounced off the hood of a fairly new car, I just watched it bounce and hit and bounce off to the left lane, and thought wow that makes for a good morning, glad it wasn't me. The 18 wheeler driver probably never noticed he was too busy trying to beat the traffic.

 

[JBP55]

A tire peeled off an 18 wheeler and struck the car behind it on I 12 taking out the headlight assembly which cost almost $600 to replace but that is considered a road hazard like the rocks and other debris on the highway. The truckers are not going to pay you for road debris damage unless they are at fault and you can positively prove it and the insurance companies do not want to get their Attorney's involved over a small claim.

 

[mwk1975]

Lucky for me, I posted a sign on my dash that states "All trucks/commercial vehicles by choosing to drive up to 5,280ft in front of this vehicle accept responsibility for any/all paint/glass damage to this vehicle."