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Verify | Who is responsible for damage caused to windshields by highway conditions?

Along I-35, more drivers are saying loose rocks have dinged their windshields, but who is responsible for the damage?

TEXAS, USA — Wet weather and chilly temperatures are known to cause cracks and potholes along the roads. 

That means loose gravel could end up hitting your windshield, resulting in a chip or crack.

But what if the damage happens on a major roadway like I-35 or I-14? Is the state responsible?

THE QUESTION

Is the state responsible for damage to windshields caused by highway conditions?

OUR SOURCES

Bryan Washko, Sergeant with the Texas Department of Public Safety Media Communications and Jake Smith, a Public Information Officer with the Texas Department of Transportation.

THE ANSWER

   

This is false.

No, the state is not responsible for damage to windshields on highways. However, if the damage is caused by another driver, they could be held liable.

WHAT WE FOUND

"The Texas law with cracked windshields is anything that's cracked more than three inches or obstructs the driver's view, it is your responsibility to get that replaced," Washko told 6 News.

If you end up with a crack, it could result in a fine. That's why Washko is encouraging drivers to go to a windshield chip repair company for an inspection. Depending on your insurance, they may do it at no cost.

"It's an easy fix for them," Washko said. "They can fix it in minutes. That rock chip repair, when they fill it, it'll actually prevent it from, when it does get hot or cold, to becoming a cracked windshield, so you can actually preserve the windshield."

TxDot sent 6 News the following statement and says they do not pay for property damage claims as a result of highway conditions.

In terms of damage on state-maintained facilities, “The Texas Civil Practice and Remedies Code §101.021 does not allow TxDOT to expend state funds for damage to property (e.g. vehicles) that is sustained as a result of highway conditions. If desired, you should contact your insurance company, and report the incident of property damage to them.” This can be found here on TxDOT’s pavement condition claim resolution process: https://www.txdot.gov/about/contact-us/pavement-condition-claim-resolution-process.html

It's also important to note that if the damage is caused by another driver, they could be held liable.

"The only time anybody's responsible is if somebody loses a load on the vehicle. If something flies out that's not secured like out of a trailer and it strikes your windshield," Washko said. "But as for gravel and everything, that's just part of the owner's responsibility, it's the risk they take."

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