Colorado State Patrol Clarifies Liability for Vehicle Damage Caused by Debris

Description: Colorado State Patrol reminds drivers that “not responsible for damage” signs do not remove a carrier’s duty to secure loads under Colorado law...

Who Is Responsible For Damage Caused by Debris?

(COLORADO) – Motorists traveling through Colorado's highways have likely seen signs on the back of Commercial Motor Vehicles (CMVs), semis, warning motorists to "stay back 300 feet" or stating that they are "not responsible for damage to glass." Although these signs can caution drivers against tailgating, they have no bearing on legal liability should falling debris cause damage.

Under Colorado Revised Statute 42-4-1407, no vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from blowing, dropping, sifting, leaking, or otherwise escaping therefrom.

A sign stating "not responsible for damage" does not relieve a carrier of the responsibility to properly secure a load and is not a waiver of responsibility. If any debris comes from a vehicle and causes damage, the circumstances of how the debris fell from the vehicle, and whether it was properly loaded and secured, may be relevant in determining responsibility.

Damage to a vehicle does not automatically establish that a CMV or another vehicle was responsible. When a motorist reports that falling debris caused damage, the motorist should be prepared to prove the debris came from that vehicle, and that it was not road debris that may have been kicked up by the tires.

Now that we have given clarity on the liability that these signs have, we do want to remind all drivers that when you drive behind one of these semis and see these signs, use common sense to stay back the 300 or more feet. Even if you get an insurance company to pay for your damage, you will have to go through the painful hassle of dealing with it. 

Colorado's highways are a shared responsibility. Properly securing cargo helps prevent dangerous debris from entering the roadway, while maintaining a safe following distance can give motorists more time to react to hazards.

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