Can you file a claim against a trucking company for road debris damage? What NC law says
If you’ve been driving in North Carolina long enough, you’ve probably seen a bag of trash on the road, or maybe some loose gravel.
While most debris that ends up on the highway is easily avoidable, it can sometimes lead to collisions.
Thousands of road debris accidents happen every year in the U.S., and roughly 75% of those accidents are caused by items that fell off vehicles because they weren’t secured properly, according to Virginia-based law firm Shapiro Washburn & Sharp.
To keep drivers safe and avoid liability, trucks with heavy loads often have signs warning drivers to keep their distance, and stating that they aren’t responsible for damages to other vehicles.
Do those signs prevent drivers from filing insurance claims against trucking companies? Here’s what North Carolina law has to say on the matter.
Can trucking companies be held liable for damaging vehicles?
According to the North Carolina Consumers Council, warning signs on the back of trucks indicating that truckers cannot be held responsible for damages are a “common tactic for truckers to avoid insurance claims.”
“If your vehicle is damaged due to the operator’s negligence, they’re on the hook for your damages,” the council says. “But the company hopes you won’t file a claim against them for damage that both was and wasn’t their fault.”
North Carolina law requires all vehicles loaded with rocks, stone or any other loose material to be covered to prevent spills.
But there are no state laws that require certain size tire flaps to be installed, meaning companies cannot be held liable for vehicles damaged by rocks kicked up by trucks, according to the council.
Tips for avoiding road debris
Here are some tips drivers can use to prevent road debris crashes, according to AAA:
Make sure your load is secured when moving or towing furniture.
Search the road at least 12 to 15 seconds ahead and keep an eye for fallen debris.
Try to maintain open space on at least one side of your vehicle in case you need to steer around an object.
If you see you are unable to avoid debris, safely reduce your speed as much as possible before making contact.
Avoid tailgating and remain alert while on the road.
How to report road debris
If you see debris along a state-maintained road, the N.C. Department of Transportation recommends contacting local law enforcement.
You can also report road debris online at ncdot.gov/contact, or by contacting the NCDOT maintenance office in your county.
This story was originally published August 7, 2023 at 7:05 AM with the headline "Can you file a claim against a trucking company for road debris damage? What NC law says."
