Have you ever been driving behind a semi truck and noticed a sign that says “Stay Back” or “Not Responsible for Broken Windshields” affixed to the trailer? Most people tend to instinctively believe the signs they see every day. But, it just doesn’t work that way.
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 warning signs; property damage, personal injuries, and car accidents caused by objects falling from a semi truck are the responsibility of both the driver and the trucking company. If you are involved in an accident caused by debris falling from a commercial vehicle, 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 semi truck’s load and any license plate or identifying numbers on the tractor-trailer.
If you, or someone you know, has been injured in a trucking accident contact a lawyer immediately to protect your legal rights. Personal Injury Clients always receive a free consultation.
Contact McGRATH GIBSON today at 904- 358-3300.