Unsecured Load...Accident?

Discussion in 'Experienced Truckers' Advice' started by Danch, May 23, 2017.

  1. bobtrucks2204

    bobtrucks2204 Light Load Member

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    Jul 23, 2014
    Mechanicsburg, PA
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    I'm confused ( happens easily)
    Unsecured load? Pulling a dumpster up is not unsecured load
    Nearby tree damage? I can tell you from experience, any tree near a roadway is required to be trimmed to a height where a 13' 6" truck can pass. Tree owner is responsible. Same goes for cable TV wires or power lines.
    Accident report? City may give you a report but.... go to court (hire a lawyer or not) explain what happened honestly. Case dismissed. Tear up any tickets. Keep any reports. Done.
     
    1johnb Thanks this.
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  3. Snow Walker

    Snow Walker Light Load Member

    There is an old rule in the trucking industry: "the trucker driver is responsible for loading, unloading and securing the load. Maybe at a receiver or shipping docks this could be an exception; however, as the operator who was loading the load and caused damage, it will be a tough battle to win in a court room.
     
  4. street beater

    street beater Road Train Member

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    cold as hell, MN
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    Its not about the damage, its about the charges
     
    Danch, Roberts450 and driverdriver Thank this.
  5. Danch

    Danch Light Load Member

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    May 10, 2016
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    This is in a ritzy neighborhood downtown the contractors who rented the dumpster are renovating a brownstone there. The dumpster was parked parallel to the sidewalk less then 4 inches from it there are low hanging trees all over the street. I'm not worried about the damage at all my job told me shake it off don't worry about it we'll take care of it, just keep working ect. The cop seemed to be a rookie and didn't know what ticket to write she said, "I had to call a traffic cop (whatever that is) to see what to write a ticket for I have to give you something since it's city property" I don't even think she understood what a roll off truck is or how it operates. I work local jobs and was hoping to get a sanitation job driving roll offs for waste management or somebody I'm only worried about the report because I don't want them or their insurance to look at it like I got in a accident when I didn't I thought something like this was an incident but then again I've only been driving for about a year...
     
  6. Danch

    Danch Light Load Member

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    May 10, 2016
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    Of course but the battle that would take place in court is not over damages it's about breaking the law which I might have done but I don't believe unsecured load is the law I broke. I believe the cop wrote the ticket for the wrong offense completely.
     
  7. Danch

    Danch Light Load Member

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    May 10, 2016
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    I'm confused as to what effect the report will have driving record, csa, mvr, dac report or insurance wise if the ticket is dismissed. The tree was owned by the city and the tree was near the sidewalk not hanging over the road completely just over where cars would be parked but the dumpster was parrallel parked between cars I had to get the contractors to move their vehicles from in front of it so I could hook up to it.
     
  8. Ridgeline

    Ridgeline Road Train Member

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    Michigan
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    What aren't you getting?

    The report isn't part of the CSA (inspection only), MVR (ticket only), DAC (Company only) and won't effect your insurance.
     
    Neverready Thanks this.
  9. Danch

    Danch Light Load Member

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    May 10, 2016
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    Thanks, that's exactly what I was cloudy on. I'm not worried about my insurance but whatever company who might hire me in the future insurance.
     
  10. xsetra

    xsetra Road Train Member

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    I don't think the cop should have given you a ticket for unsecure load. Because you were in the process of loading the dumpster on your truck.
    The dumpster didn't fall off the truck. It caused property damage to the tree.

    I don't think you should be cited for a vehicle accident either. The truck was not being operated as a motor vehicle while the damage occurred. You were not driving the vehicle.

    Should you be liable for the tree damage, maybe.. I don't see why.
    You had to load the dumpster.
    Hire an attorney and see the judge or talk to the da. They might dismiss it.
    Good luck.
     
  11. Neverready

    Neverready Medium Load Member

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    Jul 24, 2014
    Pocomoke City, Md.
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    Lawyer experienced in that jurisdiction would be your best bet. Just fought a nasty officer. Had to be present but lawyer got it dismissed. One of my co workers got a ticket in North New Jersey , NJ. For breaking a branch hanging over the street. Don't remember what the infraction was called. We called it ridiculous.
     
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