As a Jacksonville car accident lawyer I have been asked many times about the liability of dump trucks spilling rocks and debris on the highway. The Florida Times Union recently answered this question on it’s website. I thought I would share the answer.
On the back of dump trucks I often see a sticker with the text: Stay back 200 feet, not responsible for broken windshields. Does that really make them not responsible if materials fall out of the truck and damage my vehicle? By the way, you have to be within 100 feet to read the sticker! —T.D., Fleming Island
Dear T.D.: The short answer is no, there are no distance requirements in state law. Lt. William Leeper of the Florida Highway Patrol quoted us two sections of a Florida Statute that covers loads on vehicles. First, a vehicle may not be driven or moved on any highway unless it is packed to prevent any of its load from dropping, shifting, leaking, blowing or otherwise escaping from the vehicle.
Second, it is the duty of every owner and driver of any vehicle hauling dirt, sand, lime rock, gravel, silica or other similar aggregate or trash, garbage, any inanimate object or similar material to prevent those materials from falling or blowing from the vehicle. Covering and securing the load with a close-fitting tarpaulin is required. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation.
But anyone who wilfully violates this section and it results in serious bodily injury or death commits a criminal traffic offense and a misdemeanor of the second degree.
The section requiring the close-fitting tarpaulin does not apply to vehicles carrying agricultural products from harvest or to or from a farm on roads where the posted speed limit is 65 mph or less and the distance driven on public roads is less than 20 miles.
For the owner, licensee and driver of any truck, trailer, semitrailer or pole trailer, it is their duty to securely fasten the load to the vehicle.
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