martinwizz
Active Member
10
I actually like freight brokers's response despite it includes us in the process. It is a fact that nobody brought up that we should not book without levelers these loads. But when you deal with the receiver there is never an issue and they typically dont call the shipper for too much questions cause they will complain we ask too much questions. (not necessarily on this case)Shipper is most responsible followed by the driver and carrier.. these two were directly involved in loading it that way and could have/should have notced that there might be a problem. Broker also responsible as he/she should know the material.. the length of it and from that deduce that it might be loaded that way unless load levelers were clearly specified.. Enough blame to go around on this one..
Freight Broker. lets says there is 5000$ of damages. How would you split everybodys liability into this?Shipper is most responsible followed by the driver and carrier.. these two were directly involved in loading it that way and could have/should have notced that there might be a problem. Broker also responsible as he/she should know the material.. the length of it and from that deduce that it might be loaded that way unless load levelers were clearly specified.. Enough blame to go around on this one..
The two pictures shown below doesn't make sense to me. Where did the skids go that was holding the freight level, in the center of the trailer, in the picture taken en-route (voyage replace.jpg)? Please don't tell me that they fell out and if they did, how did the straps get tight? Then the little crate - which wasn't strapped in either picture, slid to the back - not to mention the loose 2X4's. I am adding a picture with both side by side.Was the picture taken at loading or at delivery? Did the leveller collapse during transport, or when the shipment was loaded? It has always been my opinion that the driver, like a ship's captain or airline pilot, is ultimately responsible for what and how things are loaded on his/her conveyance. If there is any question about the safety or integrity of the load, the driver must step up to the plate and make things right before he heads out on the road. If he can't ensure that, the load should sit.
There may be multiple people involved and maybe should be divided 3, or more, ways but I have found that the more people that are involved, the harder it is for a resolution. Everybody always wants to reject responsibility for a claim - nobody has extra cash for something like this.As to your question about who pays for what in the event of a claim.. If the broker erred then there are three responsible parties (shipper/carrier/broker) and the claim should therefore be divded three ways.
Most likely Jim, although this driver just sensed something was wrong, stopped and decided it would be a great idea to open his rolltite to see inside. Then everypiece that got loose moved towards the side, making the rolltite impossible to close. He had to seek help from people who then moved the skid/levelers from its original destroyed location and replaced them with normal skids as levelers for the rest of the trip. They also helped him tighten the pipes and was eventually able to go back on the road. Thats is the story we heard. I could add both customer and shipper's possible explanations, of course, trying to put them out of the loop. Finally, the carrier which has to provide answers, never did in writing but strongly looks for a full payment of its invoice. Shipper's story seems rather weird, altough i sometimes dont get irony from english as well as in ffrench, as he claims: "The two pictures shown below doesn't make sense to me. Where did the skids go that was holding the freight level, in the center of the trailer, in the picture taken en-route (voyage replace.jpg)? Please don't tell me that they fell out and if they did, how did the straps get tight? Then the little crate - which wasn't strapped in either picture, slid to the back - not to mention the loose 2X4's. I am adding a picture with both side by side.
I think the driver knows more than he is letting on.
In this case, freight broker, i would gladly take a threesome deal. Seems like in those stories, the one ordering the transport is always the one everyone tries to burn.If its longer material and they will take stepdecks I always specify metal load levelers. But I prefer to use flatbeds for this type of stuff and will generally only use steps in a pinch and i know the carrier. Too much at risk. As to your question about who pays for what in the event of a claim.. If the broker erred then there are three responsible parties (shipper/carrier/broker) and the claim should therefore be divded three ways.
lowmiler, in my next insurance case, i'll make sure the driver is an option. As this is very educating, i will post these stuff once in a while. It also feels reassuring for brokers out there they are not the only ones stuck in these cases.I'm guessing the skids were added after the fact, truthfully it is really the drivers fault he should have pointed out how unstable the load was when loaded that is why the flatheads make the big bucks is it not? I voted for the carrier but would have voted for the driver if it had been an option.