SACRAMENTO, Calif. — You've probably seen trucks on the road with signs warning of wide turns or telling drivers to stay back. ABC10 checked out the validity of one sign telling drivers to stay back a certain distance and saying the driver is not responsible for broken windshields.
So, who is responsible for damage that may happen to a vehicle driving behind a truck? It depends on the circumstances.
California Highway Patrol Officer Ruben Jones says if something comes out of a vehicle, that driver/company would be responsible, regardless of a sign saying otherwise.
"Those signs are false. They are 100% responsible for anything that falls out of the back of their truck," said Jones.
In a different situation, when rocks may get kicked up from the road, Jones says nobody is at fault.
"Kicking up rocks is an accident. Nobody hits a button and their tire kicks up a piece of glass or a rock, so that is technically your definition of an accident," said Jones.
According to Jones, drivers are responsible for keeping what's in their trucks secure from point A to point B. He says this doesn't change, even if another vehicle is following too closely.
"Whether or not the vehicle was following too closely is a completely separate violation. That doesn't absolve the trucking company or the truck driver of anything that may fall out of his or her truck," said Jones.
If this happens to you, Jones says safety is the priority when you’re on the road, so try to get as much information about what happened safely.
Try and get the company name, a California or US DOT number, location or any other identifying information. You can call CHP so they can make a report and you can make an insurance claim.
Jones says to be aware of your surroundings and if you notice a potential hazard, stay away from that truck.
Kristofor Helm is an Associate Attorney at Eason and Tambornini. He says to document the damage to your car and stresses the helpfulness of dashcams since you want to have as much information as possible about the situation when you make a claim.
"Insurance companies are like all other companies that want to make a profit. Paying out on claims decreases their profit," said Helm. "So they are going to throw up roadblocks with arguments such that you were driving too close, you weren't driving reasonably, so they are going to use those signs."
Janet Ruiz with the Insurance Information Institute also shared a few tips on handling window glass damage:
- Know your auto insurance coverage
- Contact your agent with questions
- Some policies include glass coverage with no deductible
- Know your deductible
- Check to see if your insurance company has preferred glass vendors
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