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broken

Drivers of open trailers have little protection against shipper loading.

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by , 05.09.2012 at 12.04 PM (925 Views)
When is a driver not responsible for a load that is loaded on their trailer? Never, even if it is blatantly the shipper screw up. As and open trailer driver the more you do to make sure the load is secure, at a legal height and safe for the road, the less responsible the shipper is.
I hear ya, you are wondering where I am going with this. Okay lets say you go to a shipper that has a load of machinery they are going to load on you, the weight of the load is only about 36000 lbs, so weight is not a issue, you make them do some adjusting to get it down to height, so now that is good, you secure everything by the book wit extra, so you feel good about that.So now I really have you wondering what this clown is talking about.
So any way all is good, you have stopped to check and tighten securement along the way as required by DOT. Nothing could be better easy money your thinking, wait not so quick! You arrive at your destination, and you are asked to go ahead and remove your secuerment,and you say no problem,all is well, load looks good, next load is all ready been set up, music to an O/P ears. So anyway you start the secement,as you loosen one of the straps and turn around to go to the other side of the truck, a 1000 lb piece falls on your head and breaks your back and your career. come to find out the piece was top heavy and should never of been loaded the way it was, and there was no way for the driver to know it was top heavy, being the shipper loaded the way he did, he was able to put another piece of freight on. whose fault is it? Well you know that it automatically is the driver and that there is nothing that one can do the the shipper, you accepted the load you proved by checking the load over that you were with an under standing of making sure everything was loaded properly, and lets not forget the open and obvious defense, even though that it was not an open and obvious. As a driver you are responsible no matter what when you sign for the load and leave the shippers yard, no mater how blatant the shipper may have been.
So does anybody out see a problem out there with this? To me it is real easy to put the blame off on the driver for all of the industry problems,no matter what.
Does anybody else see a problem with this?
So drivers remember you do not have a lot of law on your side, you will be and always have been the first to blame.
Stay safe and watch your back, if we as drivers will not do it for each other nor will any body else.
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Comments

  1. windsmith's Avatar
    What's to be protected from? You saw it loaded, and you secured it. You weren't careful when unloading, and it bit you in the butt. Unfortunate, but definitely not the shipper's fault.
  2. broken's Avatar
    And that is how they get away with it, I did not load it I secured it. to know what is inside something we as drivers do not have Xray vision and you are not going to pick something up and shack to find out where the weight is located in it. If it is set on you truck and it looks stable you secure it and get down the road. And yes for that I was bit in the ###.
  3. trukkerchris's Avatar
    I believe if you get in touch with Lord Otra, he could get this situation resolved.
  4. broken's Avatar
    Hi truckkerchris
    one thing that is sure, I try to put the lord first in all I do.
    I believe that what happens with me will be, and that one way or another I will continue to get along.
    I just find it sad that these bigger companies can hide be hind a wore out rule that came into effect in the late forties early 50's. The whole trucking industry has changed as to what drivers can and can't do, and held responsible for anything and everything that happens around their trucks, no matter who is responsible you are as a driver guilty!
    God has little to do with rules to protect the shippers and manufacturers, politics however do.
  5. ComplianceGoTo's Avatar
    Quote Originally Posted by broken
    Hi truckkerchris
    one thing that is sure, I try to put the lord first in all I do.
    I believe that what happens with me will be, and that one way or another I will continue to get along.
    I just find it sad that these bigger companies can hide be hind a wore out rule that came into effect in the late forties early 50's. The whole trucking industry has changed as to what drivers can and can't do, and held responsible for anything and everything that happens around their trucks, no matter who is responsible you are as a driver guilty!
    God has little to do with rules to protect the shippers and manufacturers, politics however do.
    It used to be hop in a truck and go for days until you reached your stop. The FMCSA and local DOTs have made it very difficult especially for O/O. Recently over the past few years they have included 10k to 26k drivers and they have to do everything that 26k plus have to except random D&A program. As far as shippers and manufacturers; unfortunately their only concern is load from point A to B...the rest lies on your shoulders and standing.
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