When is it not a Truck Driver’s Fault?

When shipments are made by motor transport and arrive at their destination damaged, it’s the truck driver that usually gets the blame.  Somehow, he failed to tie the load down properly or cover the load with tarps to protect from flying debris that might be encountered on the road.  Regardless of how the damage occurred, once the load has left the shipper, it’s the driver’s responsibility.  Because of the agreement that transportation companies have with shippers, that is FOB origin or FOB factory, the trucking companies assume all liability while the load is in their possession.  So no matter what the driver claims about how any damage occurred, it’s still the driver’s responsibility.  Once in awhile, a situation arises where the damage to a load can be shown to have occurred before the transportation company assumed possession.  Such is the case where a shipment of electrical switchgear arrived damaged at a jobsite and the driver had no idea how the damage occurred.  The damage was limited to some broken switches and paint marks on the housing panels – minor damage compared to the cost of the equipment.  The photos below illustrate the damage.  During the investigation, it was determined that the switchgear was part of a redundant power substation.  Because of the design requirement for redundancy, two other loads for identical switchgear were ordered and shipped from the same shipping point.  Altogether, all three loads were loaded at the same shipping point and transported by three different transportation companies.  All three loads arrived damaged at the jobsite.  All three loads arrived with similar damage including the same color paint marks.  Although the evidence was circumstantial, it appeared that the equipment was loaded haphazardly by the forklift operator driving a yellow forklift.    

Missing switch and damaged switch plate
Yellow paint found on panel handle
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