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§47-14-114.
§47-14-114.
(a) The owner and operator of any motor vehicle who shall drive the
same into any overpass or underpass and shall damage such overpass or
underpass shall be absolutely liable to the owner or owners of such
overpass or underpass thereby damaged for the amount of such damage,
regardless of the height of such vehicle and regardless of the
clearance in such overpass or underpass, and failure of such overpass
or underpass to be sufficient in height to clear the vehicles hereby
authorized shall not be a defense to any action for such damages. The
provisions of this section shall be enforceable only in the event the
overpass or underpass so damaged has a sign on each side thereof
clearly legible and correctly stating the clearance thereof in feet
and inches.
(b) The driver, owner, and any other person, firm or corporation
responsible for a vehicle being on the highways or county roads of
this state shall be responsible for all damages which said highways,
including the bridges, pavement and all other public property thereon,
may sustain as a result of a violation of the provisions of this or
any other chapter regulating the usage of the highways, or as a result
of the negligent or improper operation of said vehicle, and the county
or state agency having charge of said highway may recover the amount
of such damages in an action for damages.
The owner, driver, and any other person, firm or corporation
responsible for any vehicle operating under an overweight or oversize
permit shall be responsible for any damages to highway bridges or
roads caused by the operation of such vehicle, whether caused by
negligence or not, and no further permits shall be issued to such
owner or operator until payment has been made for such damages. The
amount of such damages may be recovered in an action for damages
brought by the county or state agency having charge of said highway.
The issuance of any special permit shall not be considered a warranty
of any bridge or highway to support the permitted load.
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