No Tarp
Watch No Tarp, an episode of Ordinary Heroes vs. the Big Rigs. Read the full dialogue below.
Explore the real law behind this episodeTranscript
TSLBea taught third grade for thirty years. Retirement looked like a scooter and a Saturday market.
Tom BriggsA rock came off a truck. Show me the rock. Show me which truck.
JenNo tarp - that's required for a load like that. And it was heaped over the rails. The gravel had nowhere to go but off the top.
TSLA cover is a five-dollar piece of canvas. They skipped it. That's the whole case.
BeaI survived thirty years of third graders. Took a dump truck with no lid to finally get me.
TSLShe taught a thousand kids to clean up their own mess. Pity the trucking company never had her.
No Tarp: Escaping Gravel and Truck Identification
Bea is injured when material leaves a truck. The source of the material and the way the load was contained both need proof.
Start with the rule about escaping loads
A.R.S. 28-1098 addresses preventing material from escaping and securing loads and coverings, subject to stated exceptions. Federal cargo rules also address loss from covered commercial vehicles.
The tarp line is shorthand. Evaluate the particular load under its applicable requirements; the inquiry is not simply whether a cheap cover was available. Height, containment, and the material can matter.
Connect the material to the truck
Dashcam video, witnesses, distinctive vehicle markings, the route, and loading records can help identify the source. Material lying on the road is different from material seen leaving a truck. Preserve actual observations rather than asking witnesses to supply conclusions.
A recovered fragment may help, but it is not the only possible evidence. Do not enter moving traffic to collect it. Document safe observations and tell investigators where it was found.
A violation is not a complete injury claim
The script calls the missing cover the whole case. A real claim still needs a connection between truck, material, collision, and injury. Investigate the loading operation and what the driver could reasonably inspect. The person who loaded the truck and the person who drove it may have different information and responsibilities.
Questions this episode raises
- Must the exact rock be recovered?
- Not necessarily. Video, witnesses, damage, and loading evidence can help establish its source.
- Does every truckload require the same tarp?
- No. Load and applicable rules matter. Arizona’s statute focuses on preventing escape and securing loads and coverings.
Sources and further reading
Episode explanation by Impact Legal. Updated .