Need accident advice

Discussion in 'Experienced Truckers' Advice' started by Lee Epling, Jan 6, 2011.

  1. Lee Epling

    Lee Epling Bobtail Member

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    Jul 8, 2010
    Charlotte NC
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    alright, well since this is the only thread that I can find that has anything to do with accidents. I too brother was involved in an accident. It was on New Years Eve. Yeah, Happy New Year Right? I was in Chesapeake, Va. Picked up a load that I had done countless times. The company we pick up for is Dana, and we transport the axles from a holding warehouse to one of there main facilities in Humboldt, TN. Well I docked, secured the load with straps, and then when loaded, left. I was on my way to my wife for the New Year holiday, filled up at Frank's Truck Stop off Military Highway, and hit the interstate. Less than 4 miles, and one off ramp later, I had 30,000 lbs of the freight go from the rear to the front, over turned the trailer, then the truck. I was only going 15 mph, and have multiple witnesses to this, and I was not ticketed for the accident. My question is simple. I work for a company that is not the greatest in the world, but they treat me like gold. Love my boss, don't want to sue him, and make his insurance go up. I want Dana held responsible, the pallets weighed over 2500 lbs, and were stacked floor to ceiling with a 10ft spacing in the middle, 4 pallets, then 10ft, the 2 in the door, so what do I do boys. Need some help, contacted a lawyer for the workman's comp stuff, but don't know what else to do.
     
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  3. rambler

    rambler Road Train Member

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    Its hard to advise anyone in a case like this simply because it can be wrong and possibly cause you more grief. Out of curiousity..what is the companys stance at this point? You still have a job? You have to have a safety hearing? You evidently were injured but that seems awfully quick for a comp lawyer...good luck.
     
  4. stranger

    stranger Road Train Member

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    The first question you will be asked by anyone is did you know the trailer was loaded like this when you strapped the load, and if so, why did you leave with it.
     
  5. otherhalftw

    otherhalftw R.I.P.

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    You won't want to hear this....but cargo securement is driver responsibility, not shipper!
     
  6. canuck in da truck

    canuck in da truck Road Train Member

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    says in your post that you secured load with straps--ummm sorry bud --but its kinda late to ask what to do---the load is your responsability--you didnt load it--but you secured it
    i hope you werent hurt to bad--and are back to work soon
     
    otherhalftw Thanks this.
  7. SLCTrucker

    SLCTrucker Medium Load Member

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    Jan 15, 2009
    Salt Lake City UT
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    If you secured the load & were happy with the way it was loaded why areyou now are complaining that it was unsafe, why did you leave with it?

    Can we say cut corners cause you were rushing to get home for New Years Eve..

    If you had not been trying to get home to meet up with the wife, would you of taken such a poorly loaded trailer?
     
    otherhalftw and Lonesome Thank this.
  8. otherhalftw

    otherhalftw R.I.P.

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    CA...gold discovery foothills
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    a little brutal....but true!

    Excellent post!:biggrin_25514:
     
  9. Saddle Tramp

    Saddle Tramp Medium Load Member

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    sounds like you pull a curtain side from the last part of your post reads. as the other members said, you are respondable for securing the load. sounds like to me you relied on the curtain to hold your load with minimal straps on your load.
     
  10. littleman4751

    littleman4751 Bobtail Member

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    Oct 7, 2010
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    I agree with all the other truckers, the load should have been refused,stacking pallets of freight that high i wouldnt have touched. The driver is always responsible for the load, your the captain and you make the decisions not dispatchers or shippers.:biggrin_25513:
     
  11. o.m.d.

    o.m.d. Heavy Load Member

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    Aug 15, 2010
    massachusetts
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    i know this has probably been posted plenty of times but whatever.

    why did you secure a load, and then take it and now say the load wasnt put on the truck right. if you take a load and are able to see it like most loads, then you're responsible for it.
     
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