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‘If it does happen to you’: Expert says don’t fall for ‘not responsible for damage’ signs on 18-wheelers after windshield breaks

‘I’m sure their tune will change real quick.’

Photo of Stacy Fernandez

Stacy Fernandez

Two panel design with a man talking at the camera from his office, and the 2nd panel shows a sign on a truck reading 'Warning stay back 200 FT' and 'Not Responsible for broken windshields'

Here’s something the owners of those big, load-carrying trucks don’t want you to know.

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Most people hate being behind 18-wheelers and other large vehicles when they’re driving. They’re often slower. They give you less visibility to see what’s ahead and can be plain intimidating to drive next to or behind.

It’s even worse if they’re carrying something that looks like it could come loose at any second, bringing visions of something hitting your windshield.

While these vehicle owners will try to deny responsibility, this car expert says you have rights.

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What to do if debris from a truck hits your car

“If your windshield is ever broken because of debris that falls out of a dump truck or a similar truck, they are responsible for it,” TikToker Seth Godwin (@seth.godwin) said.

Godwin boasts 1.8 million followers. He is known for offering a range of practical advice online, from the five things you should never say at a car dealership to the most dangerous SUVs that you should avoid driving.

Now he’s back with some roadside advice that’s gained more than 81,000 views.

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He explains that even if a load-carrying vehicle has stickers warning you to stay back and stating that they’re not responsible for a broken windshield, that’s not really true.

“A sign does not protect a person or a company from liability or neglect,” Godwin points out.

Companies actually put the sticker there to deter and intimidate people from trying to get them to take responsibility.

If you are in a situation where debris from a truck damages your car, Godwin recommends you get every bit of information from the truck “as safely as possible.” That includes the truck’s license plate number, DOT operating number, and company info.

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Godwin suggests trying to handle the situation directly with the company before escalating to highway patrol.

And if the company tries to deny responsibility, Godwin suggests “politely but firmly tell them that a sign on the back of their truck is not legally binding and that you’ll be calling highway patrol to report an unsecured load in one of their trucks.”

“I’m sure their tune will change real quick,” Godwin says.

Are they really liable?

We fact-checked Godwin’s claims, and he’s right.

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The Federal Motor Carrier Safety Administration has regulations in place stating that a vehicle’s cargo must be secured well enough to withstand the constant speed up and slow down involved with driving.

Even when carrying something as small and mobile as sediment, it must be secured to prevent it from loosening while the truck is in motion.

And, as Godwin stated, having a sticker on the truck doesn’t remove liability.

Technicalities to be aware of

The truck driver is not responsible for the damage if the debris bounces off of the ground before hitting your car.

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That’s because a rock coming off of the road is considered a “roadway hazard” instead of a securing issue on behalf of the truck driver, Turner Law Group explained. That’s precisely the reason why those big trucks often have a sticker telling you to stay back 100 feet. If you’re that far from them, the chances of a piece of debris falling from their truck onto your car are extremely low.

The other instance in which they’re protected is if the truck driver is reacting to unsafe driving from another car. For example, if a person cuts them off, and they need to swerve or brake quickly to avoid an accident.

In that case, the reckless driver would be responsible for damages.

Commenters react

“I’ve known this for years. The problem is proving it. Even catching the sound of debris on video doesn’t help you,” one person claimed. “What Seth is saying is true but proving it is nearly impossible if the debris is small.”

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“This happened to me a few months ago. Dash cam caught it perfectly, too. They wouldn’t budge. Had to go through USAA,” another said.

The Daily Dot reached out to Godwin for comment via email and Instagram direct message.

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