failure to secure load

It wasn't a Neway air ride was it? I had a Neway axle weld break where the trailing arm attached to the axle on one side. The axle moved back about 2 inches on that side, but didn't completely break off. I felt a strange wiggle as soon as it moved, stopped and found the problem with a flashlight (it was dark).

 

Did the whole axle come off, or was it just the two wheels on one side?

 

An axle on the trailer isn't a load, it's part of the vehicle itself. Read the ticket carefully and try to find the violation code that he cited you under. If it falls under load securement then I'd say this is a no-brainer of a ticket to get out of.

 

Then you shouldn't be liable, DOT cited your company for faulty equipment probably. There is only so much a driver can be held accountable for in mechanical failures. Sounds like the city cop was going for a stretch but definitely the insurance company for the car is going after your company and your company might try to pin on you. I would call a lawyer. Was it the axle that rolled and hit the car? If so they can't pin it on you.

 

I love the quote Raezzor

 

No they don't.

392.9 (1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in§§393.100 through 393.136 of this subchapter.

Since the vehicle involved was a Reefer or van, 393.100 (c) is the applicable rule....

[TABLE="width: 98%, align: center"]
[TR]
[TD="width: 100%, colspan: 2"](c) Prevention against shifting of load. Cargo must be contained, immobilized or secured in accordance with this subpart to prevent shifting upon or within the vehicle to such an extent that the vehicle's stability or maneuverability is adversely affected.

[/TD]
[/TR]
[/TABLE]

We can go further....

393.102

(c) Equivalent means of securement. The means of securing articles of cargo are considered to meet the performance requirements of this section if the cargo is:(1) Immobilized, such so that it cannot shift or tip to the extent that the vehicle's stability or maneuverability is adversely affected; or(2) Transported in a sided vehicle that has walls of adequate strength, such that each article of cargo within the vehicle is in contact with, or sufficiently close to a wall or other articles, so that it cannot shift or tip to the extent that the vehicle's stability or maneuverability is adversely affected.


You might say I'm a bit more familiar with the regs than the average driver.