ASK A COP: Who has liability for cracked windshields?

Micheal from Port Neches asks: Officer Antoine Most friends and relatives I know in our area have had occasion to need repair/replacement of their windshield due to rocks or road debris being picked up by big trucks. How is a Dump Truck able to absolve itself from liability by posting a sign on its tailgate indicating other drivers should stay “BACK” 200 feet (65 yards). Most tractor/Trailer trucks have mud guards behind their rear tires as do dump trucks, but it is what is falling out of the dump truck bed or dried concrete off of a cement truck. Our insurance is going up every year due to the cost involved in repair/replacement being passed to our insurance company.

Answer : Good Question Michael. We’ve all seen those signs on the rear of dump trucks, and they do not carry any legality in the state of Texas as a release of liability. Michael, I’m sure you are like everyone else who has had a crack window windshield from debris being left on the roadway and thrown by large truck tires, that sign on the rear of the dump truck does not release them from liability. It’s a good suggestion, but it’s not law. All dump trucks must or commercial vehicles Even Dooley trucks that have four wheels on the rear axle must have a mudflap that is no higher than 8 inches from the ground if it’s higher than 8 inches if they are in violation of a state law.

Cal from Port Arthur asks: Officer Antoine could you please explain what violations Police Officers do and don’t enforce on private property?

Answer : Good question Cal. There is a lot of confusion of what a Texas Police Officer WILL and WILL NOT investigate on private property. So here is a list of what a Police Officers WILL enforce on private property: fire zone violation, disable parking violation, reckless driving violation, and driving while intoxicated violation. Police Officers in Texas will NOT investigate on private property; stop sign violation, bad parking violations (taking up multiple lanes), no seat belt violations, no drivers license violation, expired registration sticker violation, failing to yield to pedestrian in crosswalk violation, minor fender bender crash where NO ONE is injured. Cal you are welcome to call a police officer to the scene if you are involved in a crash, but the MOST they will do for you if no one is injured is assist in exchanging information.  Cal you’re definitely not on your own many motorist wants to know if its illegal to park at the end of the parking lot and cover multiple lanes while waiting for someone who is inside to finish shopping.

Lisa from Nederland asks: Officer Antoine, do you advise to use hazard lights if driving below the speed limit in bad weather? I had just navigated through a heavy rainstorm on my way to Houston on I-10 the previous day, and was extremely frustrated that every car in every lane, regardless of speed, had on their flashing lights (I was not). I couldn’t tell who was stopped or stopping and who was just using flashers because it was raining. My recollection of driver’s training in another state (perhaps faulty) was that hazard lights were only to be used when stopped. The Texas Driver Handbook just says that they are used to “warn others the vehicle is a hazard.” Please clarify if should be more patient with all the drivers using flashers in the rain, but I still think it makes it more difficult to tell who is actually stopped if visibility is poor.  Thanks for all you do for us.

Answer: Good question Lisa. In the weather condition you described, Lisa you and ALL other motorist should practice patience. During inclement weather you will either practice patience or be forced to take patience. Meaning if the highway is crowded you will just have to wait your time, if you agree with the other motorist current driving behavior or not. There is no law that says you can or cannot activate your hazard lamps while pulled over on the side of the road. Keep in mind if its important to warn someone approaching from the rear and front to pay attention to my vehicle, you are more that welcome to activate your hazard lamps if you are moving or parked.

Join Me, Officer Antoine and the CREW Stephen “Buzzard Boots” Mosley, Lelo “mouth of Hwy 69/73” I Washington & Tejas “Lil Man”Morning Star for Ask A Cop live, on KSAP 96.9 FM The Breeze radio station, every Tuesday for at least 2hours from 1 to 3 p.m. and beyond. Tune in and listen as Officer Antoine discusses in detail the newly released “Ask A Cop” article that’s printed in The News. You can also tune in via internet at www.ksapthebreeze.org. Feel free to call in and ask your question live to Officer Antoine at (409) 982-0247. Feel free to email your questions torickey.antoine@portarthurtx.gov, or call 409-983-8673 and leave a voice mail question, or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public you can always free and comfortable to approach and “Ask A Cop”

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