dealing with an odd claim

Parisite

Parisite

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Jun 17, 2008
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So, trucker goes to make pickup for us, goods got loaded at dock, driver get's in truck, pulls away from dock, doesn't strap wheeled machinery, or even close doors, pulls into yard and goods roll out the back of the trailer, fall on asphalt parking lot.

Shipper chases trucker, brings him back into dock and takes freight off. He doesn't want his freight on this unit. Now I'm not trashing truck, my opinion of his performance isn't important.

So the original trucker never hauled the freight, but we got claim for $3000 in repairs to machine. We subsequently brought it in with someone else and goods were delivered and inspected by client to determind the extent of damages.

Anyone want to guess what kind of mess this is going to prove to be ?
 
Guess you have 2 options :

A - not pay the claim and probably lose the customer.

B - pay from your pockets to keep the customer.

Don't think you can claim the carrier - unless you have a really good relationship with him?

Can only wish you best of luck in this one...
 
Did the carrier know that he was picking up goods that were on wheels and would require strapping and/or bracing? Did the shipper provide any direction to the driver that the goods were on wheels and would require some form of securement? The owner of the goods has suffered a loss that will have to be resolved by someone. That someone should be the original carrier, on whose vehicle the goods were first loaded.
 
Shipper has to share the blame in my opinion. If he took photos and owners info & plates numbers etc I'd contact their insurance.
 
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loaders said:
Did the carrier know that he was picking up goods that were on wheels and would require strapping and/or bracing? Did the shipper provide any direction to the driver that the goods were on wheels and would require some form of securement? The owner of the goods has suffered a loss that will have to be resolved by someone. That someone should be the original carrier, on whose vehicle the goods were first loaded.
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Also, was the driver allowed on the dock to inspect the goods and how they were loaded on to the trailer? We run into this issue quite often (not allowed on dock) which may also be a factor in your situation?
 
You are only liable for $2.00 / lb, perhaps the weight times the $2 will be less than the $3000.00. It should be on the insurance of the truck it fell off of. My take is that the driver should have checked his load for securement before leaving the dock.
 
Did the original driver sign the BOL? If so they are responsible no questions asked if your customer did not keep that paperwork then you will not be able to hold them responsible.
 
We could not pay the claim, end up in small claims court and get the bill anyway, and still lose the client.
I don't know the carrier from Adam so can't take his honor to the bank.
I expect a driver with care and control of a commercial vehicle should always be aware of what's going in his trailer and how to secure it, but that's only me. I also am under the impression a driver should have a clue that he needs Customs docs to cross an international border but you'd be surprise at the number of calls I get in the course of a week asking if I have docs.
I agree the shipper should hold some of the blame, I swear drivers and shipper must never talk to each other, but I have photos of the stuff laying on the ground but I don't see the truck in the photos. I hear the "driver wasn't allowed on the dock" line all the time, personally if I was given that line by a shipper I would tell him to remove his freight cause I won't haul it....if I'm responsible then I want to see what's going on the truck and the condition of it....bugs me cause the call always comes too late to do anything with it...and I been to small claims twice in 23 years and both times the judge doesn't care about $2./lb....and you ain't getting out of a claim on that defense....I am waiting to see who can produce a b/l....worst job ever was OS & D clerk at Brazeau....STILL hate OS & D...do we still use that term ?
 
Parisite said:
We could not pay the claim, end up in small claims court and get the bill anyway, and still lose the client.
I don't know the carrier from Adam so can't take his honor to the bank.
I expect a driver with care and control of a commercial vehicle should always be aware of what's going in his trailer and how to secure it, but that's only me. I also am under the impression a driver should have a clue that he needs Customs docs to cross an international border but you'd be surprise at the number of calls I get in the course of a week asking if I have docs.
I agree the shipper should hold some of the blame, I swear drivers and shipper must never talk to each other, but I have photos of the stuff laying on the ground but I don't see the truck in the photos. I hear the "driver wasn't allowed on the dock" line all the time, personally if I was given that line by a shipper I would tell him to remove his freight cause I won't haul it....if I'm responsible then I want to see what's going on the truck and the condition of it....bugs me cause the call always comes too late to do anything with it...and I been to small claims twice in 23 years and both times the judge doesn't care about $2./lb....and you ain't getting out of a claim on that defense....I am waiting to see who can produce a b/l....worst job ever was OS & D clerk at Brazeau....STILL hate OS & D...do we still use that term ?
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I think you might be suprised with how often a driver is not allowed on the dock for the same reason you are on here asking about a piece of freight...who has the liability; for the same reason what if a peice slides out the back of a trailer, what if a driver is injured on the shippers dock (which I am guessing why we see this policy more and more, and we have several customers that I would not say "take it off" because of it. In some cases you even have to drop the trailer and wait in a separate area while your trailer is taken by a shunt driver into the loading dock (Can think of 2 places off hand that work exactly like this and seal the trailer before shunted back to our truck that we load at on regular basis). Also, was the carrier aware it was on wheels before hand? Logsitics equipment required? So again, not to be a pain in the butt, just trying to help you determine liability to help your case. Due diligence needs to be observed by all, wether it be the shipper, driver, broker or whoever involved to determine the blame for each situation.
 
Original carrier is the one responsible. Unless the trailer has the doors closed and sealed by the shipper (which is something I personally don't like because drivers should always be able to inspect load for securement) then the driver is responsible.

ANYTHING on wheels should always have a minimum of 2 straps.
 
Two separate arguments here.
One is philisophical, regarding whether or not you should haul freight you cannot inspect. thats not today's argument. Too many places in my opinion, prevent drivers from doing their job with regard to load securement by prohibiting them from the dock.
The main argument in this case is whether the driver is allowed on the dock by the shipper. If they are prohibited, carrier (and you) have 0 responsibility. If they are, carriers Ins co has responsiblility. much like if he turned around at the shipper's facility and clobbered a car. Good luck either way. it'll be ugly
 
Agree 100% with lowmiler88 - BOL dictates liability regardless of who handled final mile delivery.
If Shipper has a copy of the original BOL, secure same and pursue Carrier based on full value (negligence) - not $2.00/lb
 
I expect a driver with care and control of a commercial vehicle should always be aware of what's going in his trailer and how to secure it, but that's only me. I also am under the impression a driver should have a clue that he needs Customs docs to cross an international border but you'd be surprise at the number of calls I get in the course of a week asking if I have docs.
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As a driver for 40 years, before going into safety, I know first hand, not being allowed on a dock or in loading areas is becoming a common occurence. I've run into it quite a few times. If this was the case, the driver would not have known the load was on wheels until he'd pulled ahead to close the doors. Unfortunately, more and more buildings have cut-downs to their docks, forcing the truck to go uphill before doors can get closed.

Re: customs docs.......... I've been to many places where the shipper doesn't have them. They've either been sent to the load broker or my office prior to my arrival.
 
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You beat me to it Shakey! Kenworthking, I applaud the enthusiasm shown in your responses, however, I am sure most members would agree that calling other members derogatory names and belittling their opinions is not conducive to the type of intelligent discussion we all hope to foster on this site. By all means, be involved, present your opinions and feel free to disagree with other members, but try to maintain at least some level of civility and respect for fellow members.
 
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Everyone has some great comments but my question is this: HOW do we prevent this kind of thing from happening in the future? You know...before the bad happens, it goes to court, and the result is the lawyers are the only ones making any money.
 
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kenworthking said:
How the hell is he supposed to close the doors without pulling out of the dock ? Go get some experience you idiot.
They could not have let the driver inside the warehouse for some reason - how could he have strapped the machinery - You are a total dumbass.

This was clearly shippers responsibility - to secure the freight, made the driver aware or sought his help.
This stupid shipper would have loaded the freight on a donkey wagon - if he was told to - and guys like you would take the donkey to court.
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Easy there keyboard crusader, jumping in on a conversation that is well over a year old and posting comments of the sort will not get you to anywhere with these members and nobody will take anything you have to say seriously.
 
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kenworthking,

I don't know you from Adam and have no idea how long you have been at it. Dan at All loads I do know and not only is he straight shooter who knows his poop he pays well, on time and when booking with him he gives you all the facts before you send the truck in. If more brokers where like him this would be a better industry all around.
 
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