Shipper griped about securement, threatened to remove the load..

the shipper doesnt secure freight, the trucking company does, so how could the shipper have any responsibility?

 

They allowed it to leave their property improperly secured. I'm not saying it makes sense but that's the only reason any shipper is going to care how you strap #### down. They aren't looking out for the driver. All legal precedents have to start somewhere.

 

. it clearly says that load was brokered to RCX and therefore they are responsible for what happens to it... whether they did anything wrong, is a moot point... they are a motor carrier and are responsible for wrecks that happen with their equipment. and like i said. the werner case was ridiculous

 

and that can be defended easily by showing the laws clearly state the only one who is responsible for securement is the driver..

 

This would be civil court, laws are a pretty loose suggestion, as evidenced by the Werner case.

 

Laws are not just a suggestion .

 

In a civil suit, they truly are.
It's more about feelings than law.

 

Give an example?

 

Just about every civil suit ever. You really think it's the law to award someone a million dollars for a slip and fall? It's not hard to Google results of excessive lawsuit Heck I'd look at the McDonald's coffee case. Strip out the lies about excessive awards and McDonald's slander campaign and you are left with the jury awarding the lady 3 days revenue of coffee sales. Mind telling me where in the law the penalty is 3 days of revenue of a specific product? No, it was 100% made up by the jury because they thought it was the right amount.
I could go in6 with 1,000's of examples but Google will give you even more.

 

Not going to argue about it. In every case there is places that companies cut corners and paid the price. Mcdonalds did so and she and her lawyers exploited it. And those cases are about safety practoces not so much the law. This original thread was about the law behind how a driver is 100 percent reaponsible. And there is not a lawyer in the world that can say otherwise .. Because it is written in the law that the driver is responsible for their load. Nobody else.