‘Not Responsbile For Broken WIndows’ Signs On Trucks: Is It True?

So, I was behind a large dump truck on the way to work this morning and noticed one of those signs on the back of the truck: "Not responsible for broken windshields. Keep back 100 feet." So, is it true that if you're behind one of those trucks with that type of sign, does it let the truck driver or trucking company off the hook?

Generally speaking, the answer in Missouri is no, the answer in Illinois is no, and across America is no. That said, whether you can prove the rock that hit your windshield or dented your hood came directly from the truck without hitting the pavement first might be a little more complicated.

Illinois Turner Law Group writes that The Federal Motor Carrier Safety Administration outlines rules for cargo securement and how the driver must uphold these rules. You can check the specifics out here. The overarching point, however, is it's the driver's responsibility to do everything they can to ensure their load is secure while the truck is in motion,

They say trucks aren't liable if a rock falls out of the truck, onto the road, and then hits your car. At this point, it's a road hazard vs. a problem with securing the load. Turner Law Group surmises this is why many trucks post those signs about keeping back 100 feet, because, usually, there will not be direct contact with the vehicle.

Springfield, Missouri, attorneys told KY3 when they were presented with this question that a sign on a truck doesn't absolve the responsibility for cracked windshields. Attorney Grant Rahmeyer of RAH Law told KY3, "“They’re responsible for damages if that happens. The other side of that is of course if you see gravel spitting from a truck, do you just go drive up behind it and hope to get a new windshield? No, I’d say that’s a really bad idea. Because it can be very, very dangerous.”

Joe Easter of Easter Law Firm told KY3 that if you see a sign that explicitly states a trucking company isn't liable, it might be worth reporting it to the Attorney General of Missouri because it's contrary to Missouri law.

That said, is it a legal problem worth your time and effort? According to attorney Brad Bonilla, in an article from KVUE, you need a fair amount of important information before filing a lawsuit or even a claim with the trucking company's insurance company to get them to pay. That includes identifying the truck, the truck driver, the who, what, where, why, when, and perhaps a license plate number, DOT number, and other pertinent information.

If you want your insurance to cover your windshield, you should probably talk to your agent to find out how your company handles the situation before it happens. Collision coverage may cover a rock from a truck, but not one that fell on the road first. It's that road hazard thing again. Comprehensive coverage may cover it, or maybe not. Some insurers may offer Auto glass coverage to take care of that specifically.

In the end, it might just be easier to assume that at some point, a rock or piece of gravel might just hit your windshield, and you'll have to replace it. Just make it part of the deal of car ownership. The trucking company might be liable, but pursuing it might not be worth the hassle, time, and expense.