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Lost part of my Load in GA

Discussion in 'Trucker Legal Advice' started by monroefiredog1, Sep 10, 2011.

Page 1 of 5
  1. Sep 10, 2011 #1
    monroefiredog1

    monroefiredog1 Bobtail Member

    20
    3
    Sep 6, 2010
    Forsyth, GA
    0
    I was hauling stacked coils on a flatbed, that I picked up in TN, was loaded by another driver. When I picked up the trailer I checked the securement and all was secured correctly. I get south of Atlanta and go into a curve and three of the coils come off, causing a accident, luckily, nobody was injured. So I got a ticket from the local cops ( not DOT) for unsecured load. I know that the load was secured. Thew coils are stacked on wood 4 x4's, the only way that I can see that they came off was that that the wood 4 by's busted up. The chains , binders and J hooks were all in tack and nothing failed or broke. So that only leaves the wood to deteroiate, making the chains get loose. My truck was stopped about 2500 feet past tha accident scene. The cop never even went down to look at my truck at all. I know that the load was secure, therefore, I am going to court and pleading not guilty. My questions are will this go on my CSA 2020 report, eventhough, it was not a dot cop? I read somewher that if the cop doesnt do a inspection onn the truck at the time of accident, it cant go on my CSA. Does anyone know if that is true? I have been hauling flatbed for years and never lost any load until this. Anyone want to chime in, It will be a great help....Thanks
     
    monroefiredog1, Sep 10, 2011
    monroefiredog1, Sep 10, 2011
    #1
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  3. Sep 10, 2011 #2
    112racing

    112racing Road Train Member

    1,384
    20,547
    Nov 30, 2008
    pocono's, pa
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    bottom line......... it fell off your truck its your fault
     
    112racing, Sep 10, 2011
    112racing, Sep 10, 2011
    #2
    end of the road, BigSam, Black_379 and 3 others Thank this.
  4. Sep 10, 2011 #3
    BigSam

    BigSam Light Load Member

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    Mar 23, 2008
    Illinois
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    Did you recheck load within first hour or 50 miles? It Doesn't matter if the wood failed or not it's still your responsibility to make sure load is secure at ALL TIMES.
     
    BigSam, Sep 10, 2011
    BigSam, Sep 10, 2011
    #3
    mtnMoma Thanks this.
  5. Sep 10, 2011 #4
    zebcohobo

    zebcohobo Vincent Van Gopher

    1,479
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    Jul 19, 2010
    Redbank,SC
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    Kind of hard to say your load was secure with all the evidence to the contrary. The other posters are right, you're responsible for your load. Sorry it sucks I know.
     
    zebcohobo, Sep 10, 2011
    zebcohobo, Sep 10, 2011
    #4
    mtnMoma and SheepDog Thank this.
  7. Sep 10, 2011 #5
    07-379Pete

    07-379Pete Crusty Commando-Pete

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    Campbellsville, Ky
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    From the replys you have got no one had answered your question.
    Some have a problem reading and understanding what is being asked.
    If you did not get a FMCSA Insp then no CSA points. You got vary lucky.
     
    07-379Pete, Sep 10, 2011
    07-379Pete, Sep 10, 2011
    #5
    bullhaulerswife Thanks this.
  8. Sep 10, 2011 #6
    Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

    10,367
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    May 28, 2009
    Rancho Mirage, Ca.
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    If it was secured properly, it wouldn't have come off. It's almost better to un-tie it and then YOU secure it properly so you know it's done right.
     
    Allow Me., Sep 10, 2011
    Allow Me., Sep 10, 2011
    #6
    mtnMoma Thanks this.
  9. Sep 10, 2011 #7
    CondoCruiser

    CondoCruiser The Legend

    19,726
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    Apr 18, 2010
    Tennessee
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    You're lucky you weren't in AL. $10,000 fine if a coil falls off.

    Why is it a driver seeks excuses? If it's secure, it wouldn't come off, period. If it's bad wood, it's still your fault. Either the load was not secure or you took the curve too fast. Sounds like the latter. Something heavy, small and round can't take many sideward g's. The chains mainly prevent forward/rear motion. We're talking 3 coils, not one. You took the curve too fast.

    An inspection report wasn't generated, it won't go on your CSA. It might hit your MVR and DAC though.

    It took you almost a half mile to get stopped??
     
    CondoCruiser, Sep 10, 2011
    CondoCruiser, Sep 10, 2011
    #7
    THBatMan8 and mtnMoma Thank this.
  10. Sep 10, 2011 #8
    Yatista

    Yatista Medium Load Member

    479
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    Jan 25, 2009
    Upstate New York
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    Was anyone towed causing a DOT reportable accident. If so, it will be on your CSA 2010 score. If nothing was towed and no one was injured, you are extremely lucky.
     
    Yatista, Sep 10, 2011
    Yatista, Sep 10, 2011
    #8
  11. Sep 10, 2011 #9
    SheepDog

    SheepDog Road Train Member

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    Sand Lake, MI
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    It will go on your DAC for sure... How do I know this you ask... because I have an inncedent on my DAC. Without goint into it, the FHP was the ones that showed up and took the report.. I have found out since that, anytime a commercial motor vehicle is involved in an inncident/accident, regardless of fault, it has to be turned over to the DOT for that state... The DOT determins whether it goes on your DAC,,,no CSA points unless you get an inpection or citation.. Since you were given a citation, I would surmise that you will get points, once the local police officer turns it over to the DOT...

    All that being said,,,I am sure that this is bothering you more than any words could from someone else so, I won't give you that. I, like you, am very happy to hear that no one was killed or injured and I am willing to bet that you will NEVER let that happen again...
    Did you lose your job or did the company let you stay on?
     
    SheepDog, Sep 10, 2011
    SheepDog, Sep 10, 2011
    #9
    crosseye and mtnMoma Thank this.
  12. Sep 10, 2011 #10
    monroefiredog1

    monroefiredog1 Bobtail Member

    20
    3
    Sep 6, 2010
    Forsyth, GA
    0
    Thats what I was thinking, just wanting to know if someone else aggred with my thinking. So they cant put it on my CSA then...right? I know it will go on my MVR but thats only 2 points here in GA. Thanks for answering my question, 379 Pete
     
    monroefiredog1, Sep 10, 2011
    monroefiredog1, Sep 10, 2011
    #10
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