View Full Version : "Not responsible for broken windshield's"
hurley842002
02-05-2015, 13:55
I'm sure you guys have seen it, the dirt and gravel haulers with the sign that says "not responsible for broken windshield's", HOW THE FU#& DO THEY FIGURE! That's like me putting a sign on the back of my pickup saying "not responsible for sh#t flying out of the back of my truck causing damage to your automobile". I know we have at least one insurance guy on here, what say you?
Great-Kazoo
02-05-2015, 14:08
Prove to me said windshield damage was done by my company. Witness, caught on film / gopro? Call a trucking company and infomr them their trucks load was the cause of your damage. They will probably hang up 1/2 way through the call.
hurley842002
02-05-2015, 14:22
Prove to me said windshield damage was done by my company. Witness, caught on film / gopro? Call a trucking company and infomr them their trucks load was the cause of your damage. They will probably hang up 1/2 way through the call.
I guess I'm more curious if that stupid little sign absolves them of liability, proof or not?
I guess I'm more curious if that stupid little sign absolves them of liability, proof or not?
About as much as a t-shirt that says "Not responsible for broken jaws" on a guy doing spinning jump kicks blindfolded on the 16th Street Mall. The signs are meant to discourage people from trying to make a claim, and hold about zero weight legally.
About as much as a t-shirt that says "Not responsible for broken jaws" on a guy doing spinning jump kicks blindfolded on the 16th Street Mall. The signs are meant to discourage people from trying to make a claim, and hold about zero weight legally.
LOL well said.
SuperiorDG
02-05-2015, 14:47
I've wanted for sometime to put a sign on my glass trucks, "Warning Stay Back 1 Mile, Not Responsible for Decapitation." I bet I would get a few calls telling me how this not right, and perhaps a few talking about my company to their friends.
Have a buddy that had a windshield busted on I-25 and the truck had a sign as stated above. He ended up suing and getting 5K out of it with court costs.
So I believe it would depend on the lawyer and judge.
generalmeow
02-05-2015, 15:02
If you ever see a sign on a truck that says "not responsible for broken windshield's" you should wipe off your spectacles and look again. And if it still says the same thing, call the apostrophe police.
https://c1.staticflickr.com/5/4002/4522539075_8a61ce0e3d_z.jpg
BushMasterBoy
02-05-2015, 15:35
Dash cam might be a good place to start...
jerrymrc
02-05-2015, 15:55
I always liked the fact that a sign that says "Stay back 500 feet" can't be read until you are 50 feet away.[LOL]
I'm sure you guys have seen it, the dirt and gravel haulers with the sign that says "not responsible for broken windshield's", HOW THE FU#& DO THEY FIGURE! That's like me putting a sign on the back of my pickup saying "not responsible for sh#t flying out of the back of my truck causing damage to your automobile". I know we have at least one insurance guy on here, what say you?
While the circumstances were somewhat unique - couple of years ago I had just paid to replace the windshield on my van. Took it for a drive to the grocery and a large dump truck threw up a rock and put a large crack right down the middle. I took the name/number on the truck, called to talk to the owner and explained what happened. He put up about 10 seconds of arguing and then changed gears and asked me to fax him a copy of the invoice showing the windshield was new. I did and he sent me a check for a new one within a day or two. Point being - not all these guys (and/or their companies) are scumbags. Some of them will do the right thing when given the opportunity.
Offered FWIW
HoneyBadger
02-05-2015, 16:09
If you ever see a sign on a truck that says "not responsible for broken windshield's" you should wipe off your spectacles and look again. And if it still says the same thing, call the apostrophe police.
Ha! I was thinking the same thing..
https://c1.staticflickr.com/5/4002/4522539075_8a61ce0e3d_z.jpg
Not sure about liability, but this might encourage people to keep their distance at least a little bit...
GilpinGuy
02-05-2015, 16:10
I've wanted for sometime to put a sign on my glass trucks, "Warning Stay Back 1 Mile, Not Responsible for Decapitation." I bet I would get a few calls telling me how this not right, and perhaps a few talking about my company to their friends.
[LOL] I would LMAO if I saw that!
My understanding is that if the rock or material comes off the truck it's the haulers problem, but if a tire kicks it up its your problem.
I just never replace my windshield. It's just going to break again soon anyways.
My company makes me replace the one in my company truck if they notice it's cracked or broken. I go through about three, maybe four each year. I've literally replaced it and it was busted again a day or two later.
HoneyBadger
02-05-2015, 16:18
I just never replace my windshield. It's just going to break again soon anyways.
My company makes me replace the one in my company truck if they notice it's cracked or broken. I go through about three, maybe four each year. I've literally replaced it and it was busted again a day or two later.
You've been warned: https://www.ar-15.co/threads/143271-Confused-about-why-I-was-just-pulled-over?highlight=broken+windshield+ticket
SideShow Bob
02-05-2015, 16:33
I've wanted for sometime to put a sign on my glass trucks, "Warning Stay Back 1 Mile, Not Responsible for Decapitation." I bet I would get a few calls telling me how this not right, and perhaps a few talking about my company to their friends.
Measure twice, cut once and you won't have to haul the glass back to your shop...........[Beer]
hurley842002
02-05-2015, 16:35
If you ever see a sign on a truck that says "not responsible for broken windshield's" you should wipe off your spectacles and look again. And if it still says the same thing, call the apostrophe police.
So in other words call you?
I'll explain when I get home.
Prove to me said windshield damage was done by my company. Witness, caught on film / gopro? Call a trucking company and infomr them their trucks load was the cause of your damage. They will probably hang up 1/2 way through the call.
This.
About as much as a t-shirt that says "Not responsible for broken jaws" on a guy doing spinning jump kicks blindfolded on the 16th Street Mall. The signs are meant to discourage people from trying to make a claim, and hold about zero weight legally.
This. The sign itself doesn't do anything legally, just heads off attempts at claims upfront.
Generally, no. It doesn't constitute waiver (an affirmative defense). No liability signs generally do not actually waive liability (except in certain circumstances).
If I post a sign that says "Beware of dog. Owner not responsible for attacks if you cross this fence line*. Someone crosses the fence line right next to the sign, gets attacked by your dog. Waiver probably applies.
If I post a sign that says "Owner not responsible for dog attacks" doesn't really apply in any situation.
I'm not aware of any statute that applies to trucks in CRS. If there is, that would be the only circumstance where those signs actually work. By nature of the sign itself, it does not.
*standard disclaimer, I am not an attorney, this does not constitute legal advice, of which only CO attorneys can provide by law*
This.
Have a buddy that had a windshield busted on I-25 and the truck had a sign as stated above. He ended up suing and getting 5K out of it with court costs.
So I believe it would depend on the lawyer and judge.
Having someone settle a lawsuit and actually being liable are different things.
I always liked the fact that a sign that says "Stay back 500 feet" can't be read until you are 50 feet away.[LOL]
Yes! I always thought the same thing.
While the circumstances were somewhat unique - couple of years ago I had just paid to replace the windshield on my van. Took it for a drive to the grocery and a large dump truck threw up a rock and put a large crack right down the middle. I took the name/number on the truck, called to talk to the owner and explained what happened. He put up about 10 seconds of arguing and then changed gears and asked me to fax him a copy of the invoice showing the windshield was new. I did and he sent me a check for a new one within a day or two. Point being - not all these guys (and/or their companies) are scumbags. Some of them will do the right thing when given the opportunity.
Offered FWIW
This is a unique situation where the owner more than likely wasn't liable, but paid for the windshield anyway. Good turn of events, but don't expect this to be the norm.
My understanding is that if the rock or material comes off the truck it's the haulers problem, but if a tire kicks it up its your problem.
This is the most accurate so far.
Basically, every motorist is only responsible to secure a load to a degree that is reasonable. Anything you're hauling over the bedrail should be tarped down. If you've got a half bed full of bark, it should probably be tarped. If you have a half bed full of rocks, you probably don't need to tarp it.
In the specific example of a gravel truck, if the load is properly covered/secured, then the owner/company/driver has taken reasonable measures to prevent the load from coming out of the bed. If a corner of the tarp is blowing around and you take a baseball sized rock in the window, they have some liability because the load was improperly secured. If it's pea gravel and some squeezes out the side of the tail gate while going over rail road tracks, then you don't really have a claim. It would be unreasonable to glue all the rocks together, or block up the body panel gaps with spray foam.
If something comes up out of a tire, you're out of luck. It's the same thing as how you are not liable for a chunk of dried mud falling off the bottom of your truck and cracking a windshield. You would have to first even know that you had a chunk of dried mud under there, which wouldn't matter, because what is the reasonable way to secure dried mud sticking to the bottom of your truck?
KestrelBike
02-05-2015, 18:51
Irving - Soft on truck crime.
Call in the ambulance chasers,,, they get you Big $$$. This tread is worthless.
Anyone who accepts $5,000 for a broken windshield is a piece of shit though, unless they have a $5,000 windshield.
Anyone who accepts $5,000 for a broken windshield is a piece of shit though, unless they have a $5,000 windshield.
Maybe his friend had a Lamborghini
http://www.ebay.com/itm/like/121545834339?lpid=82&chn=ps
http://www.ebay.com/itm/like/221603746296?lpid=82&chn=ps
USMC_5-Echo
02-05-2015, 20:46
I replaced my windshield because of a crack all the way across it about 6 months ago. Last week I was doing 65 on I-70 when a gravel truck past me and a rock flew off and took a huge chunk outta my windshield. Wasn't just one rock either because I was getting pelted with a bunch of rocks.
I think if this happens to anyone and you can grab a plate number and snap a picture of an uncovered load, you may be able to collect for a windshield.
USMC_5-Echo
02-05-2015, 20:51
I like the dash-cam idea. Then I can record the retards that like to cut you off, slam their breaks, and then flip you off.
I've personally watched a dash cam video from a cab driver that totally saved him. There were conflicting statements and no way to tell what really happened. That dash cam made it an open and shut case. I wanted to personally call our insured and call him a liar. Good thing it wasn't my claim. :p He probably just mis-remembered baking into traffic and into the front of a stopped taxi cab.
argonstrom
02-05-2015, 21:00
Baking breaks make me sad.
The wife is an adjuster for a large insurance company. She handles commercial lines (big trucks) and a significant amount of her claims are for windshields of vehicles behind these trucks they insure. You pretty much need to follow the truck and get the info from the driver to get paid.
Baking breaks make me sad.
Auto correct makes me sad.
Anyone who accepts $5,000 for a broken windshield is a piece of shit though, unless they have a $5,000 windshield.
Beat me to it. What a cum dumpster.
SideShow Bob
02-05-2015, 21:42
I like the dash-cam idea. Then I can record the retards that like to cut you off, slam their breaks, and then flip you off.
You break glass, you brake a car when you want to stop.
It does not absolve them of liability. In CO you are responsible for anything coming out of your vehicle. The sign they post is absolutely worthless. Not to mention from 200' as most request, it's not legible. Tfog had it right. It's worthless.
You're required to 'cover your load, as to prevent debris' in the state. Cdot vehicles are typically exempt (sand equipped plows)
Sent by a free-range electronic weasel, with no sense of personal space.
Anyone who accepts $5,000 for a broken windshield is a piece of shit though, unless they have a $5,000 windshield.
Says the insurance man.
The 5k was probably a punitive, as typically a judge would simply cover cost. Probably annoyed the insurance company tried to deny... Probably seen them more than once.. It happens.
Hitting someone in the coin purse is a great way to make them think about being douche bags...
Sent by a free-range electronic weasel, with no sense of personal space.
Totally agree it was punitive. If it was like the pictures of that tow truck I posted pictures of, that might be a different story. Just the mention of ambulance chaser lawyers make me question the circumstances though.
I'm pretty sure I saw a news segment some years ago where the CSP said that the signs on the back of these trucks are not legitimate and that all trucks are responsible for their loads.
DenverGP
02-05-2015, 22:40
Anyone who accepts $5,000 for a broken windshield is a piece of shit though, unless they have a $5,000 windshield.
I'd be tempted to take the money if the company fought me over paying for damage they were responsible for.
Totally agree it was punitive. If it was like the pictures of that tow truck I posted pictures of, that might be a different story. Just the mention of ambulance chaser lawyers make me question the circumstances though.
Chances are most ambulance chasers wouldn't touch a PD claim. I know we don't at work.
There is a lawyer for everything, most times more than one, all as sleazy as the next. A few of the young ones are idealistic and want to better the world, then they see the $$$. They all change..
Sent by a free-range electronic weasel, with no sense of personal space.
argonstrom
02-05-2015, 22:58
Auto correct makes me sad.
Not taking personal responsibility makes me sadder.
boomerhc9
02-05-2015, 23:01
Irving - Soft on truck on truck crime.
Chances are most ambulance chasers wouldn't touch a PD claim. I know we don't at work.
We're pretty much in agreement. I've seen some "family friend" attorneys take stuff that no lawyer in that market would touch with a ten-foot pole. Those are always fun. One time it was a guy trying to fight liability and he sent me a drawing of his interpretation of the accident that defied physics. The best was the lawyer claiming her client required a root-canal after a minor fender bender. That one turned out to be a divorce lawyer.
Not taking personal responsibility makes me sadder.
If a wind storm blows through tonight, and some of your singles blow off your roof and scratch your neighbor's car, will you feel personally liable for their damage?
argonstrom
02-05-2015, 23:32
You missed the point.
I believe I have. With gravel trucks, if we're still talking about that, liability isn't necessarily black and white.
GilpinGuy
02-06-2015, 02:27
You missed the point.
I believe I have. With gravel trucks, if we're still talking about that, liability isn't necessarily black and white.
I think you guys are talking past each other.
Irv: I do think that an act of God (shingles blowing off a roof in a windstorm) is a little bit different than an improperly secured load on a truck. But I'm no insurance/law guru.
I think he was referring to the story I told about the dash cam saving the guy, because the at fault driver didn't take responsibility.
I'm not trying to come off as "light on truck crime" <-- I liked that, just trying to point out that it depends. There should be no question about an unsecured load. It just boils down to if you can prove it or not. Like one guy said, you pretty much need to get the plate and chase the truck down to get any where.
KestrelBike
02-06-2015, 07:51
He was talking about you blaming auto-correct for your spelling errors and not taking the time to fix them before you hit submit. (ie it was a light jest not actually challenging anything, ala soft.o.t.c)
gnihcraes
02-06-2015, 09:23
easier to pay a mere couple dollars for glass insurance that covers my personal fleet and live fairly stress free. Rock meet windshield, I call safelite. Have a coffee while watching someone fix it. I usually get a couple done a year. My car currently needs one, the wife's will too before long. Nothing but stars currently that are out of view. Just being to lazy to call them in.
I hate it when trucks are driving down the road and have large size rock on the top sides of the box, just bouncing along and dropping on the highway like hand grenades. At least walk around with a broom and remove all the debris off of the trailer.
SuperiorDG
02-06-2015, 13:05
I hate it when trucks are driving down the road and have large size rock on the top sides of the box, just bouncing along and dropping on the highway like hand grenades. At least walk around with a broom and remove all the debris off of the trailer.
Why would the driver do that, the sign says they are not responsible.
BPTactical
02-06-2015, 19:06
Those signs are Booshit.
The DRIVER of a commercial vehicle is 100% responsible for the secure transport of the load.
He is also responsible for the roadworthyness of the vehicle.
scratchy
02-06-2015, 20:27
Anyone who accepts $5,000 for a broken windshield is a piece of shit though, unless they have a $5,000 windshield.
If you force me to take you to court to recover, I will take the maximum the law allows. If you're not a dick and just pay my damages without a lawyer, we're good.
If you force me to take you to court to recover, I will take the maximum the law allows. If you're not a dick and just pay my damages without a lawyer, we're good.
I will officially eat my words and say that depending on the situation, if you have to fight for compensation and get awarded punitive damages, that is completely different than suing for $5k right out of the box.
scratchy
02-06-2015, 20:56
Agreed.
DenverGP
02-06-2015, 21:20
If you force me to take you to court to recover, I will take the maximum the law allows. If you're not a dick and just pay my damages without a lawyer, we're good.
If people would only sue for the actual amount of the damage, then the logical business decision by any company would be to be dicks and make people sue them. They lose, they are only out the original amount. And most people won't take the time to sue. So if you make me sue, then yup, I ask for every cent I can get.
argonstrom
02-06-2015, 21:31
He was talking about you blaming auto-correct for your spelling errors and not taking the time to fix them before you hit submit. (ie it was a light jest not actually challenging anything, ala soft.o.t.c)
Yep.
Personal responsibility is 100%, 100% of the time, no matter the issue.
Carrying adequate insurance should the unforeseeable happen? Check.
Maintaining your property, vehicles, etc... Check.
Drive, shoot, whatever... in a responsible manner? Check.
Etc, etc, etc...
The aforementioned signs are silly at best. The "Beware of Dog" signs are just as bad.
Those signs are Booshit.
The DRIVER of a commercial vehicle is 100% responsible for the secure transport of the load.
He is also responsible for the roadworthyness of the vehicle.
Yes if you get stopped by PD or Scale the driver is responsible for everything no one else!!
I was driving on C-470 yesterday near Bandimere, when the vehicle two in front of me slammed on her brakes. Pickup in front of me jammed up and swerved, all of us in the left lane did. About then, I saw a tennis ball sized rock go skittering off the shoulder. It had fallen off the side dumper truck in the right lane.
When I was able to pass the SUV, the windshield was smashed with a fist-sized crater right in front of the driver's face, and she was PISSED! I hope her or the passenger were able to get cell phone photos of the license plate or truck numbers on the cab, it damn sure wasn't her fault and the "not responsible" bullshit is bullshit.
Reminds me of Allstate Mayhem commercials.
http://youtu.be/Lo7XYBiMRz0
Reminds me of Allstate Mayhem commercials.
http://youtu.be/Lo7XYBiMRz0
Oh yeah, the shit I've seen come out of pickup trucks and small trailers.....
I paid for damage to two different cars from one shovel coming out of the back of a pick-up truck on the highway.
Bump to a old thread because our safety dept sent everyone a message today to sweep our decks off because they are tired of buying people windshields.
Bump to a old thread because our safety dept sent everyone a message today to sweep our decks off because they are tired of buying people windshields.
Did they make you watch this video about the New Zealand decks? https://m.youtube.com/watch?v=hkmeoYKYctw
Did they make you watch this video about the New Zealand decks? https://m.youtube.com/watch?v=hkmeoYKYctw
No but I might forward the link to our safety guy. We should take more pride in our decks! HaHa!
I had a friend who was an auto glass guy a couple of their big accounts were cement and dirt hauling companies. He told me they will not pay for you windshield unless you have the license plate number, truck number, time of day and location. Probably all the info you need to win a small claims case in most courts.
I have had a couple of windshields damaged by rocks falling off of trucks most of the time it was in heavy traffic and I could not get the info from the truck. Once I got a nickel sized rock in my windshield and got the info from the truck. I called the company (a large cement company) they asked me the license plate, truck #, location and time. I told them ever piece of info she said ok we will send you a voucher to take to our auto glass guys. 2 days later I got the voucher and went and got a new windshield.
Billy Bob and his 1981 dump truck might call your bluff and want to see you in small claims ? But I would imagine most larger companies would rather pay $200 then send a $300 an hr lawyer to spend a afternoon in court.
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