Truckers: If a load is damaged because straps broke...?

Question

The load fell of the truck states away from when he noticed his straps where wearing out. Now the broker is demanding payment or lawsuit. We are trying to figure out a way to fairly fix the damage and the bill of lading has nothing about payment or damage. Broker doesn't want to discuss just wants payment. Do we have the right to hold the money for another week until we can do further research. We are trying to find a price to get someone in that area to repair things damaged as it would be the cheapest way to fix the problem.

We are the ones hiring the people who ship the product. The product belonged to us. I'm looking for DOT regs.

Answer 1

If you own the product and are willing to accept the load as is then the broker is only due the origional agreed payment for the transportation of the product. He would then have nothing to do with any repairs. As the driver is responsible for the load his insurance must cover any other damages. Sounds like the broker is trying to squease some cash out of you. It is possible he has already put in a claim with the drivers insurance company as well. End of the day it was the drivers resposibility to secure the load properly.

Answer 2

I've hauled flat-beds for over 30 years and know that I am responsible for the load once it gets on the trailers. If a strap broke, it is my fault and i would also probably be ticketed as well for a dangerous load. Under those conditions, I know what my rights are as the trucker but it sounds like you are the shipper or receiver, and honestly, I have no idea as to what you can and cannot do? You may want to check with your attorney before you do the wrong thing. Wish i could have been better help, sorry.

P.S.
I re-read your question. The load fell off states away from where the trucker first noticed "HIS" straps were wearing out? You seriously need to talk with an attorney, no offense to my fellow truckers but the driver was at fault here, TOTALLY. Each load check he marked on his log book should have the fact the straps were worn until he replaced them, which should have been done when he first noticed the problem. The trucker's insurance should be responsible here for any damage and associated costs, not you.

Answer 3

If this was new merchandise then the broker is probably going to win if you go to court. Repaired merchandise is seldom if ever worth what "new" merchandise is. That's why you often see "scratched and dented sales" at a lot of stores. It isn't just a matter of restoring it to operation. Once it's been dented and scratched it will never have that brand new look or value again. The other end of the stick is, how "long" is the broker going to have to wait for the items to be repaired. Time is money, in most cases.

Answer 4

GENERAL TORT LAW 101: If your company harmed the broker by damaging the property, your obligation is to return the broker to the position he/she was in before the incident.

Want that one more time in English? OK -- If you can find someone who can repair the damaged items, that should be fine. The broker can demand payment in full for the full replacement cost of the damaged items, but if this goes to court and you can show that the items can be repaired to a satisfactory working or aesthetic level, the court would probably find in your favor. The only way repairs would not work is if the broker can show that the items were damaged to such a degree that repairs just wouldn't return him/her to the position he/she was in before the accident (for example, if a load of Oriental vases got dumped it may be possible to glue the vases back together but the end product would be basically worthless).

Your best bet is to find out if the items can be repaired and returned to their original condition (or close enough that the items wouldn't be substantially reduced in value). If you can do that, send the broker a letter by certified mail or courier to demonstrate that you are making a good-faith attempt to rectify the problem. If the broker says "payment in full or I sue" then take him to court and countersue for attorney fees and court costs -- let him pay for wasting your time and the court's.