As I pulled out of the parking lot after work the other day, I found myself immediately behind a dump truck. On the back of the truck was the following advisory: "Stay Back 300 Feet. Not Responsible for Broken Windshields." I have often wondered whether such statements have any legal effect. I was particularly curious about it in this instance, since the truck was stopped at a stoplight. Was I really supposed to leave a football field's worth of distance between the truck and my car as we sat there on Highway 54? I don't think so. By statute, "[n]o vehicle shall be driven . . . on any highway unless the vehicle is constructed and loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking, or otherwise escaping therefrom." G.S. 20-116(g)(1). Furthermore, large vehicles like dump trucks that are "loaded with rock, gravel, stone, or any other similar substance . . . that could fall, blow, leak, sift or drop shall not be driven . . . on any highway unless . . . [t]he load is securely covered by tarpaulin or some other suitable covering" to prevent spillage. G.S. 20-116(g)(2). Violation of these statutes is an infraction, punishable by a fine of up to $100. G.S. 20-176. In other words, if a rock spills out of a dump truck, the driver of the dump truck has probably committed an infraction. I don't believe that one can disclaim responsibility for the crimes and infractions that one commits. [...]
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