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Ask 2: Are truck drivers who have a ‘not responsible for broken windshields or damage to vehicle’ sign really not held liable?

Cracked Windshield
Cracked Windshield (Pixabay)

HOUSTONAt KPRC 2, we’re dedicated to keeping Houstonians informed. As part of our Ask 2 series, the newsroom will answer your questions about all things Houston.

Question: Are truck drivers who have a ‘not responsible for broken windshields or damage to vehicle’ sign really not held liable?

Answer: No, a warning sign does not protect the vehicle operator or trucking company from being held legally responsible for the damages they cause, according to one expert.

According to Brad Bonilla, an attorney who spoke with KVUE, signs saying “stay back” or “not responsible for broken windshields or damage to vehicle” are merely warnings and do not prevent motorists from presenting a claim for damages against a trucking company.

However, drivers should be aware the ruling could go against them, the attorney said.

According to Bonilla, while Texas truck drivers do have a high duty of care and responsibility to attempt to keep drivers around them safe, other motorists assume some risk if following too closely behind trucks carrying a load of rocks.

If a driver intends to file a claim against the company, here’s the information Bonilla suggest should be provided:

  • A license plate number
  • DOT number
  • Description of driver
  • Description of road
  • Date, time, and location

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