The Legality of Signs on Trucks Declaring No Liability for Falling Items

Truck drivers and transport companies often see signs on the backs of their vehicles, claiming that they are not liable for any items falling from their vehicles. However, is it legal for such signs to exist? This article delves into the situation and clarifies the legal responsibilities of truck drivers and the implications of these signs.

Legal Liability for Falling Items

It is important to note that such signs are often unenforceable. According to transportation laws, trucks, especially those like dump trucks, are responsible for ensuring that their loads are properly secured and covered. This is to prevent any items from falling off and causing accidents or damage.

Trucks like dump trucks are responsible for properly securing their loads, as any unsecured part of the load can lead to legal complications. Whether it be a sign or the company name, these details are usually omitted from the back of the truck to highlight the importance of proper load management.

Consequences of Unsecured Loads

When an item falls from a truck, it implies that it was not properly secured or mitigated. In many states, any unsecured part of a load is grounds for a citation from the Department of Transportation (DOT).

Furthermore, if the unsecured item falls and causes damage to a vehicle or pedestrian, the truck owner is not only subject to a citation but also to the payment of damages. This can carry significant financial and legal consequences.

For example, the author was once pulled over by a DOT officer for having improperly secured tie-down ratchets and chock blocks on their wrecker. Despite no incidents occurring before or after, the violation still resulted in a citation.

Real-Life Incidents and Court Cases

A vivid example of the consequences of unsecured loads is a recent incident where the author encountered a dump truck showering gravel on them while driving. The truck bed was overloaded, and the tarping system was not used. The trucking company denied responsibility in small claims court, proving that such cases can escalate into legal battles.

Legal Implications of Liability Signs

Despite these legal responsibilities, it is legal for trucks to have signs declaring they are not liable for falling items. However, these signs do not shield the truck owner from liability. They are not a substitute for due diligence in load management.

For instance, signs on trucks stating to keep back 200 feet because the truck is not liable for windshields are similarly incorrect and can mislead drivers and pedestrians.

Conclusion

In summary, while it is legal to have signs on trucks declaring no liability for falling items, these signs do not absolve the truck owner or driver from their legal responsibilities. Proper load management, including securing and covering loads, is crucial to prevent accidents and ensure the safety of all road users. Judges in legal proceedings will be reminded of this fact, ensuring that incidents involving unsecured loads result in appropriate actions and penalties.

In order to ensure compliance with these legal requirements and maintain a safe transportation environment, it is essential for transportation companies and individuals to prioritize responsible load management practices.