According to Florida law, hauling vehicles must secure their load. Yet at one point or another, most of us have been driving behind a dump truck or semi truck with a sign on it that says “Stay Back” or “Not Responsible for Broken Windshields”. Most people tend to instinctively believe the signs they see every day. But these “Not Responsible” signs are just plain misleading. If anything they are hauling escapes from the vehicle and causes property damage of an injury, they are responsible!
Florida Statute §316.520 states that a vehicle may not be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping therefrom, except that sand may be dropped only for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
It is the duty of every owner and driver, severally, of any vehicle hauling, upon any public road or highway open to the public, dirt, sand, lime rock, gravel, silica, or other similar aggregate or trash, garbage, any inanimate object or objects, or any similar material that could fall or blow from such vehicle, to prevent such materials from falling, blowing, or in any way escaping from such vehicle.
Any person who willfully violates the provisions of this section which offense results in serious bodily injury or death to an individual and which offense occurs as a result of failing to comply with this statute commits a criminal traffic offense and a misdemeanor of the second degree.
Despite these official-looking “Not Responsible” signs, hauling vehicles must secure their load or risk criminal charges for property damage, personal injuries, and car accidents caused by objects escaping from their vehicle while on public roadways and highways. Properly securing and preventing aggregates and objects from escaping their vehicle is the responsibility of both the driver and the owner of the vehicle.
If you were the victim in an accident caused by debris or objects escaping from a vehicle on the roadways, immediately contact the Florida Highway Patrol or local law enforcement with a description of the truck and exact location of the accident. Make every effort to (safely) record or photograph the damages to your car, the vehicle’s load and any license plate or identifying numbers on the vehicle that the debris or object(s) escaped from.
If you, or a loved one has been injured in a trucking accident, contact a car accident lawyer in Jacksonville at McGRATH GIBSON LAW immediately to protect your legal rights. Initial consultations are free and if you ask us to represent you their are no out of pocket costs or fees. We only get paid if you get paid.
Learn More about how our personal injury attorneys use our knowledge of Florida law and our extensive experience to assure the our client’s rights are protected and they are properly compensated for their injuries and losses.
Contact McGRATH GIBSON today at 904- 358-3300.
