§ 27-35-109 — Liability for damage to highway or structure

(a) Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any careless, negligent, or illegal operation, driving, or moving of that vehicle, object, or contrivance, or as a result of operation, driving, or moving of any vehicle, object, or contrivance of excessive width or weighing in excess of the maximum weight in this chapter, even though authorized by a special permit issued as provided in § 27-35-210 . (b) A person driving a vehicle upon a highway shall be liable for all damages to structures spanning the highway, or a part of the highway, by reason of load heights in excess of that which the structure will permit, when the clearance height of the structure is posted, and in any event where the height of the vehicle and load is in excess of fourteen feet (14'). (c) Whenever the driver is not the owner of the vehicle, object, or contrivance, but is operating, driving, or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage. (d) Damage may be recovered in a civil action brought by the authorities in control of the highway or highway structure.

Legislative History

Amended by Act 2021, No. 871,§ 1, eff. 7/28/2021. Acts 1937, No. 300, § 150; Pope's Dig., § 6809; A.S.A. 1947, § 75-812; Acts 1995, No. 851, § 3.