'Not responsible for damage' signs on commercial vehicles carry no legal weight, state patrol says
The Colorado State Patrol is reminding motorists that "not responsible for damage to glass" signs displayed on commercial motor vehicles have no legal effect on liability under Colorado law.
Under Colorado Revised Statute 42-4-1407, no vehicle may be driven or moved on any highway unless it is constructed, loaded, or covered to prevent any of its load from blowing, dropping, sifting, leaking, or otherwise escaping. A sign disclaiming responsibility does not relieve a carrier of the duty to properly secure a load and is not a waiver of legal responsibility.
If debris from a vehicle causes damage, the circumstances of how the debris fell and whether the load was properly secured may be relevant in determining responsibility. Damage to a vehicle does not automatically establish that a commercial motor vehicle or another vehicle was at fault. A motorist reporting damage from falling debris should be prepared to prove the debris came from that vehicle and was not road debris kicked up by tires.
The Colorado State Patrol also urges drivers to use common sense and maintain at least 300 feet of following distance behind commercial motor vehicles regardless of liability considerations, noting that dealing with an insurance claim is a difficult process even when coverage applies.
Colorado's highways are a shared responsibility. Properly securing cargo helps prevent dangerous debris from entering the roadway, while maintaining a safe following distance gives motorists more time to react to hazards.