Damage. Who pays?

Discussion in 'Motor Carrier Questions - The Inside Scoop' started by HaulinCars, Jun 6, 2017.

  1. Rusty Trawler

    Rusty Trawler Road Train Member

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    I might argue that a poorly secured load of scrap going slow in the middle lane is not perfectly fine and legal.
     
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  3. pattyj

    pattyj Road Train Member

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    Hopefully he got stopped and fined.
     
  4. HaulinCars

    HaulinCars Medium Load Member

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    Especially when the law is "Slower traffic keep right" and you can be ticketed for not moving to the right if your slower than other traffic. But that's another issue all together...
     
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  5. Wooly Rhino

    Wooly Rhino Road Train Member

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    What you are asking is a point of personal honor. No one can make that call for you. You are not an employee. You are a fellow owner operator. What happened is what is called Road Hazard. Road Hazard is not covered normally by insurance. There for who pays is a matter of responsibly for whoever whats the tire replaced. You have no duty to replace the tire. As you do not have to care whether the truck ever runs again or not. So it comes down to this. What percentage of the load did you receive? I would split it that way or pay for it myself.

    If you used your dads car growing up, did you bring it back with the tank full?
     
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  6. wore out

    wore out Numbered Classic

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    I see what most are saying honestly I do. But the owner of the car hauler hired the OP as a short term or part time employee to drive his truck because he wanted time off.
    Just because the part time employee is also an owner operator doesn't make him less of an employee here.

    It's a whole different matter if the OP had broke down and the owner of the damaged tire loaned him a truck to get the #### load off. But the way I read the post that isn't the case
     
  7. pattyj

    pattyj Road Train Member

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    I know that and that's why I said I hope he gets stopped and fined.
     
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  8. HaulinCars

    HaulinCars Medium Load Member

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    Especially since the sign says "Slower traffic keep to the right." You can be pulled over and fined for not doing so.
     
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  9. HaulinCars

    HaulinCars Medium Load Member

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    Here is a question....

    How would the mega carriers handle it with a company driver?
     
  10. HaulinCars

    HaulinCars Medium Load Member

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    I get it if you back into something, or take out a light pole in a right turn. That is clearly your fault. You pay. No question.

    A brick falling from an overpass or crap falling off a truck (as you take evasive action even before the stuff actually hits the road) is not your fault. No matter who is driving, even the company safety director, is going to have damage. Some things are simply not avoidable. So when the absolutely unavoidable happens and you happen to be the 1 behind the wheel you automatically have to pay for it? Really?
     
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  11. Rusty Trawler

    Rusty Trawler Road Train Member

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    In the aftermath, it's a grey area as to who should pay
    Which is why I now favor the 50/50
    You two should've discussed the "what ifs" before you turned the key.
    Imo
     
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