Yep. A small tangent for anyone who has seen these: they’re very clearly not specifically enforceable. I got a window banged up by things falling off a truck with this signage, and the first thing they said when I called their “How Am I Driving” number the first thing they said was that they were not responsible citing this sign. Fortunately that sign was non binding. :)
Georgia (state) takes it a step further. They wrote an exemption to the license plate law that allows dump truck owners to display the plate only on the front of the vehicle. Makes it that much harder to hold them accountable.
If I'm not mistaken, that's the point the person above you was making. Those stickers on dump trucks that say "Stay back 200 feet. Not responsible for broken windshields" are worthless from a legal perspective.
They do absolutely nothing to remove liability from the truck driver/company. If a rock falls from their truck and cracks your windshield, they absolutely are responsible for any damages.
Rather, their sole value is to convince drivers that the trucking companies aren't at fault, so that drivers whose vehicles are damaged from falling rocks erroneously elect not to press charges or pursue damages.
Actually yeah, you're probably right. That's probably their main value followed by what I commented originally (in the case drivers aren't far enough back and get hit by a rock).
Such a lawsuit, if one was filed, would be in civil court, where nothing is guaranteed. If, in the unlikely case that the suit was not settled and it actually went to jury, no judge would direct that jury that truckers "absolutely are responsible for any damages."
If you are tailgating directly behind a rock truck with a big sign "stay back 200 feet" for an extended period of time, or end up right behind the truck because you're in a big hurry, or because you thought you could squeeze through an empty lane, a good lawyer could absolutely argue, successfully, that you are at least halfway responsible for the damage, if not 100%.
I disagree. Likely this type of suite would be handled in small claims court so there is no jury and no lawyers. Also, the law is really clear. There is no scenario where trucks are allowed to spill stuff on the road. The only argument they might try is to say that the rock didn't come from the truck but was kicked up off the road as they drove. But you know, that's probably not going to work if the truck was indeed carrying rocks. I think you might be giving lawyers too much credit. Really all they will do, is make it so painful for you to get in front of a judge, that you give up.
what law are you quoting? in what city/state/country?
I certainly agree that in many cases a rock truck causes damage to entirely innocent drivers who happened to get in the vicinity of spilled rocks without ever intending to (for example if the rock truck passes them, or at intersections, etc.
However -- you said "they absolutely are responsible" and I'm saying, no, it depends. Rock trucks are annoying and dangerous but are clearly necessary for cities to build roads and other infrastructure. Unfortunately, it seems impossible to fully, absolutely secure a rock truck. If a rock truck company came to court prepared with evidence that it had followed (or exceeded) every safety and regulatory procedure, and perhaps that its accident rate is lower than industry average, and further, that the "victim" was tailgating right behind the rock truck (probably in attempt to pass) despite a prominent "stay back 200 feet" sign, even a small-claims judge might say, it's half-and-half, or -- especially if the truck had video of the other driver performing a dangerous maneuver -- that it's actually the driver's fault and therefore no liability from the rock truck company.
> Really all they will do, is make it so painful for you to get in front of a judge, that you give up.
because a dangerous driver will realize that their case is extremely weak due to failing to follow the 200-ft sign. mission accomplished.
Except that the truck driver has zero fault for the gravel on the road and the spacing between the tires and the mud guard of the truck his employer maintains.
Or did you mean you’d seek out the ceo of the truck company and give them a black eye?
If it's gravel they are transporting it's obviously their fault, it's the responsibility of the driver to secure the load (with some blame falling on truck companies for providing insufficient equipment).
If it's random gravel from the road it's more understandable. But even then the driver is very much responsible for the mud guards on the truck they are operating, just as the police would write a ticket to the driver for worn down tires or broken lights.
I think you're missing the joke. If truck drivers could actually put up a sign saying they are not liable for any debris falling from their vehicle, and have it be a valid defense in court. Then they would just put up a sign saying they are not liable for any black eyes given when they see debris falling off a truck.
They're taking the unrealistic expectation of the truck driver's sign protecting them from doing something illegal and flipping it. In other words "If you coul just put up your own sign and get legal protection to break my windshield, then I could just as easily put up a sign giving me legal protection to break your nose."
A driver has a legal obligation to not drive a vehicle that is spreading debris on the road, which they are often doing and that debris often comes from their construction sites. There are places that use track washing stations at entrances and exits to prevent this.
And usually because the truck is over full too. For almost any load, if you fill the truck to the brim you have overloaded it. (Unless you're moving styrofoam)