Who is liable?

Discussion in 'Flatbed Trucking Forum' started by rearview, Nov 22, 2014.

  1. rearview

    rearview Medium Load Member

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    Beep beep, Top of the day to you MJ, Beep Beep

    Real world truckers, hmm guess you got me with that cause I was comparing how trucking is in day to day operation versus following the good green bible book of rules.

    Hired hands usually don't go out and buy straps, or chains. Most of the time hired hands even get a cinch bar in the deal.

    I am not complaining. Not much sense complaining about driving truck,it is what it is and you get what you get. That said.

    I thought this was about flat bedding.

    In the years I've been driving I've seen drivers die over unsecured loads. Seen them tipped over because of improperly secured loads. Seen objects fly off of flats like rebar, 2x4s and even a manhole cover that killed a lady tanker driver on the grapevine back in the mid 80's.

    Not all of life is about answers but more sharing ideas.

    Let me ask you a question MJ, did you know that those trucks ran unsecured or do you just not look at the loading of the flat you pass or get passed by?
     
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  3. MJ1657

    MJ1657 Road Train Member

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    Do I know what trucks were unsecured?

    If you are speaking of the grape trucks I have never seen one.

    I nor is anyone else arguing with you that guys run around with unsecured loads. I see it all the time.

    We are all for discussing ideas but it would help if you let us know what you are talking about. You asked a specific question and it was answered.

    Beep Beep I guess......
     
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  4. rearview

    rearview Medium Load Member

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    So is there a certain us that you lead MJ?

    You are acting like you are saying I should have dropped the air in my seat, dialed down the squelch, and turned on the FM right after you answered with your answer.

    Maybe I was really close when I said you seemed like a driver with the big ol radio and the roger beep.
     
  5. MJ1657

    MJ1657 Road Train Member

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    I have responded to all of your questions and tried having a conversation with you. You are only interested in trying to argue with me for some reason.


    I'll back out of this so the thread doesn't get locked and hands get slapped.

    Good day beep beep......
     
  6. Chewy352

    Chewy352 Road Train Member

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    I've been driving for less then a year but grew up around trucks. My wife has no expierience around trucks. I just asked her this question. Her answer was the driver. I'm kinda scared rearview is just now asking this after 42 years.
     
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  7. Gordon A

    Gordon A Medium Load Member

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    lets see now. The question has been asked and answered several times. Time to understand . that grape bin and hopper system and the trailer used in that operation has been tested, inspected and passed with a DOT certification.

    Take into consideration that all things that move will have wear and can break. that is the reason for a PTI , An inspection by the driver to ensure it is safe to operate on public highways.

    So unless the DRIVER misses something in the loading process in hooking up, checking ( called PRE TRIP INSPECTION) the rig over. The load should be ready to move... How ever if during your trip down the road the unit rolls breaks or falls off the trailer or dumps grapes on the road , It will fall on the driver. As stated several times prior . The driver is responsible for his equipment and load to be safe at ALL times. Bent broken or missing parts is YOUR job as driver to find and have fixed prior to moving.

    It has nothing to do with the trucking industry per Se'.
    It is always the drivers responsibility.
    If you put on your daily log or inspection sheet a safety related problem and it is not fixed and You have a problem or accident in traffic on public roadways then the blame is going to be shared at first . Company for not fixing it and you for driving it without it being fixed. YOU will ultimately be held responsible due to the fact you knew the risk and drove it anyway.
    That is how it works.You will be the one cited, You will be the one fined, You will be the one that may lose their CDL.
    Simply put. If it ain't right , don't move it. Period. Eight little words to live by.
     
    Last edited: Nov 23, 2014
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  8. AppalachianTrucker

    AppalachianTrucker Heavy Load Member

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    Just another example of the formal regulatory environment and the reality on the road that all drivers face.
    In the end if something goes wrong it's the driver's butt in court and the driver is the target of the lawyers.

    Edit: Most drivers have no idea of how big the liability pyramid they sit on top of is. NO idea.
     
  9. skateboardman

    skateboardman Road Train Member

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    in reality if ya flip one of those bins over you are driving like a maniac. but in the picture isn't there a couple of welded on winches where a strap would run from front to back?? if so put a strap on em or don't haul em. or stay away from grape trucks
     
  10. rearview

    rearview Medium Load Member

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    It is 28' front to back just on the deck without the added height of the bins. 22,000 to 27000 lbs per trailer.

    To all the detractors asking why I want to know if it is the driver, your missing the point. Multiple times.

    Let me explain what is in a grape bin. They are 20% to 40% juice.

    Second point, they flip. Last one I saw was the rear trailer going over the side of a steep mountain road. Driver error. Sure it is always driver error. Even when the pintle breaks off. Seen an empty bounce of the deck onto the highway'

    Lastly, I always strapped my load because i had no interest in a grape bin sitting in the cab with me. But I also throw 4 point chains on rolling stock while some hands only throw 2 or 3 points.

    The question was more than the obvious, yeah dummy the truck driver, it is the truck driver, it is always the truck driver.
     
  11. rearview

    rearview Medium Load Member

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    Are you claiming that DOT certifies unsecured loads?

    There was a discussion for a few years over if cables were enough securement on a load of full field bins of apple, oranges and pears. The intial determination by DOT was straps need to be used with the cable systems to ensure securement. After heavy lobbying from AG the strap requirement was dropped.
     
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