We are sometimes asked by friends and clients whether dump truck drivers who post those ridiculous signs on the back of their trucks that they “are not responsible for broken windshields” are indeed not liable for such damages.
According to an AJC article that cites two University of Georgia Law Professors who specialize in torts, there is no basis for such a bald disclaimer of liability on behalf of the dump truck driver. As stated by Professor Eaton, “The unilateral declaration of dump truck owner that he is not liable, does not make it so.”
Essentially, the question of whether the dump truck driver is liable comes down to basic negligence, that is, whether the dump truck driver exercised reasonable care. According to Professor Wells, “Whether [the dump truck driver] is liable or not, and the amount of his liability, depends on the circumstances, and whether he acted reasonably in those circumstances, and whether the driver of the car behind acted reasonably.”
An AJC investigation was not able to locate any Georgia statute that shielded dump truck drivers from liability for flying rocks. To read the full article, click here.
I suppose there could be an argument that by driving too closely to the truck and being on notice of the trucks’ contents and potential for spraying out debris, that you can “assume the risk” of the damage and be barred by your actions from recovery. Again, it is not the unilateral statement by the dump truck driver/company but ordinary negligence issues that prevail.
Practically speaking, it will no doubt be an uphill battle with the dump truck company if you suffer a broken windshield due to their driver’s carelessness. You may want to consider protecting yourself by purchasing comprehensive coverage on your car. Some auto insurance companies will even pay for minor cracks without requiring you to pay a deductable, provided you have such comprehensive coverage. This example once again shows how “full coverage” (i.e., the state minimum in liability coverage) may not fully protect you and your automobile.
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