OBLIGATIONS OF CARRIER RESPONSIBILITES FOR PROPER LOADING
A driver cannot operate a commercial vehicle unless: (1) The cargo is properly distributed and adequately secured. (2) The means of fastening the cargo is secured. (3) The cargo doesn’t obscure the driver’s view or interfere with the movement of his arms or legs. A driver must assure that the load is adequately secured before he/she drives the vehicle and must examine the cargo and its load-securing devices as needed. The load inspection procedures do not apply to a sealed trailer when the driver has been ordered not to open it or to a trailer that has been loaded in a manner that makes inspection of the cargo impracticable. If the member of the public is injured because of improperly loaded cargo, both the shipper who loaded the cargo and the carrier may be held the liable for the injury. A shipper that assumes responsibility for loading the vehicle can be held liable for improperly securing a load under a common law theory of negligence and federal regulations will provide evidence of the proper standard of care to be utilized by the shipper in loading the vehicle. When the driver is injured in an accident, the shipper cannot be held liable for the improper loading of the vehicle unless the loading defects are latent and concealed and cannot be discerned by ordinary observation by the agents of the carrier. In determining if the defect in loading is patent and should have been discovered by the driver, a court will take into consideration the experience of the driver and whether the driver is given assurances by the shipper’s employees that there is no defect in the loading of the cargo. A motor carrier cannot be held liable for improperly loading a sealed trailer since the driver does not have the opportunity to inspect the load. When a person is injured during the loading or unloading process at the shipper or consignee’s facility, the trucking company’s liability will be determined according to the rules applicable to the facility owner, and the company will be subject to the same liability or freedom from liability as the owner.
IN WHITNESS WHEREOF, the parties hereto have executed this agreement as of the date first above
written:
