claims, trailer damage

Discussion in 'Experienced Truckers' Advice' started by drivin, Aug 29, 2014.

  1. drivin

    drivin Bobtail Member

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    Aug 19, 2014
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    SO...we hauled this 15,000 lb machine. They loaded it and put it on a wheeled cart. Empty pallets were placed on the right and left to secure the machine from shifting left to right. I was asked to put straps at the back of the trailer. I put the steel bar to secure it from moving forward and back. Half way down the road the machine obviously shifted and sliced through a panel on the right and left side of my leased trailer. The broker is saying that it is the drivers responsibility to secure the load but I say that it is their responsibility to know that the arms on the machine could also rotate and slice through our trailer. The wheels should have been stabilized and the machine could have even been suspended with straps. That's what I actually had to do when I re secured the load.
    The broker , of course, is not trying to reimburse us for the trailer repairs. Anyone have any expert advice about such a case?
     
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  3. Cranky Yankee

    Cranky Yankee Cranky old ######

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    if you could resecured the load correctly just means you didn't the first time
    just my $.02
     
    TURKER, magoo68 and rockee Thank this.
  4. drivin

    drivin Bobtail Member

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    Aug 19, 2014
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    With the help of a forklift and 8 more straps and the expertise of a fellow driver who drives flat bed
     
  5. Rooster1291979

    Rooster1291979 Road Train Member

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    Unless the cargo explodes through no fault of yours it's on you. Flatbed, van whatever you haul it's the drivers job to make sure it's properly secured BEFORE you roll.
     
  6. fuzzeymateo

    fuzzeymateo Heavy Load Member

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    Cargo securement is the driver's responsibility. You didn't know the arms rotated but you should have known. What if the arms rotated four feet to the side, hit oncoming traffic and killed somebody? Would you still blame the shipper or broker? I don't think the law would.
     
    Raiderfanatic Thanks this.
  7. marmonman

    marmonman Road Train Member

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    Suck it up buttercup you screwed the pooch now you have pay !
    I bet this one lesson you won't soon forget .
    Nothing like cash pay out to teach you to make sure it's right the first time !
     
    snowblind and Raiderfanatic Thank this.
  8. mtoo

    mtoo Road Train Member

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    Retired on bended knee
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    I just left a shipper, I was being loaded and didn't like how it looked. I told them I would not take it. They said thats how they always load it. I have been doing this a very long time. Once you leave the shipper, it all falls on you. Don't leave until you know it's safe. If it's not safe then leave wit an empty trailer.

    Now I'm stuck here over the long weekend, But I am safe and the public is safe.
     
  9. bad-luck

    bad-luck Road Train Member

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    unfortunately it is your responsibility. Cargo securement is always the driver's responsibility. You should have secured the load properly before you left or refused to take it until it was secured properly. I'm not trying to bash you I'm just answering your question
     
  10. Marlin46

    Marlin46 Medium Load Member

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    Leave the broker out of it...they don't care anyways. If you have an issue stake it straight it to the shipper and see what they say about it. Maybe they will see your way, maybe not, but the broker definitely isn't going to look at it your way.
     
    Skate-Board Thanks this.
  11. Skate-Board

    Skate-Board Road Train Member

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    Broker has nothing to do with this. The driver is scum to them. They only care about the shipper. They can get 1,000,000 trucks to haul their load. Getting a shipper is like an act of God.
     
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