Aftermath of a series of very unfortunate mistakes!

   / Aftermath of a series of very unfortunate mistakes! #1  

two_bit_score

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John Deere 110 TLB, Diamond C 19LPX GN trailer
This has come full circle from the mistake of loading the wrong equipment on the wrong truck to the "driver error" to the shut down of of one of the busiest highways in Texas to a death and the resulting lawsuit through trial, judgement and appeals court decision.

March 26, 2015 was the date of the accident. This story was one year later.

One year later: driver in deadly Salado bridge crash no longer driving a truck

>>>>That sunny Thursday morning a year ago, Martinez was driving a flatbed tractor trailer and hauling a boom lift back to a rental company when he entered a construction zone on I-35 that included a lower than-normal bridge under construction.

DPS investigators concluded the height of the bridge was 14 feet, one half inch tall. Approach signs indicated a height of 13?″ which is the maximum allowed height for any loaded truck not subject to an over height permit from the TxDMV. Such a permit, available online, provides constantly updated alternate routes for truckers to guide them around low bridges.

The height of the boom on Martinezç—´ truck bed was 14?″, investigators found; four and one half inches too high to safety clear under a row of massive but unattached concrete beams in place to form the new FM 2484 bridge. He and the trucking company were cited for the issue.<<<<<



Fast forward and read the recently released decision from the Texas Fifth Court of Appeals:

UNITED RENTALS NORTH AMER | No. 5-18-665-CV. | 2;)819578 | Leagle.com

>>>>>FACTUAL BACKGROUND
1. Transport of the Boom Lift
United Rentals is the largest equipment rental company in the world with more than 100 branches in Texas alone. In March 2015, it was "defleeting" some locations and arranged to transport two pieces of equipmenté*� forklift with a boom arm and a Genie S-125 boom lift庸rom its branch in San Antonio to its branch in Irving, Texas, where there was a greater need. The forklifté*�t 8 feet, 3 inches in height was considered an ordinary-sized load and could be transported on a flatbed trailer. The boom lift, however, was 10 feet, 1 inch in height; consequently, it was considered an "oversized" load if transported on a flatbed trailer and thus would require a permit from the Texas Department of Motor Vehicles. United Rentals' own internal Transportation Guide showed the maximum load height for a flatbed trailer as 8.5 feet. To transport the boom lift without a permit, it needed to be transported on a different kind of trailer with a lower deck, such as a lowboy, drop deck, or RGN trailer.

United Rentals posted the equipment for transfer with a third-party company to be bid on by brokers, who, in turn, hired a trucking company to transport each of the loads. These shipments are referred to as "brokered loads." Different companies were ultimately hired to move the equipment. Lares Trucking was hired to transport the forklift. Truckin By the Wild West, an "over-dimensional freight expert," was hired to transport the boom lift. Both loads were scheduled to be transported on the same day, March 26, 2015, to the same location, Irving, Texas.

Lares Trucking's driver, Valentin Martinez, arrived at the United Rentals office between 8 and 8:30 a.m. on March 26 with a flatbed trailer to transport the equipment. Manuel Montez, the operations manager, greeted Martinez, who spoke in "broken English" and said he was there for a "boom." According to Montez, he asked Martinez for his paperwork, but Martinez did not have any. Montez asked Martinez to contact his supervisor for a bill of lading (BOL) number. A bill of lading is required before the equipment is released and helps the United Rentals staff ensure the correct person is getting the correct equipment. Martinez tried to contact his supervisor but said his "boss" was not available.<<<<<<


One of the keys in this case is that the Court concluded the EQUIPMENT SHIPPER owed a duty to third party motorist to safely load equipment onto the trailer.

I actually remember this when it happened as I was driving back home from Temple, Texas that day and had to make some very strange detours to get around the shut down portion of the highway in Salado.
 
   / Aftermath of a series of very unfortunate mistakes! #2  
I have a real problem with the court decision that the shipper has a responsibility of safely loading a third party hauler. As far as I am concerned the driver is responsible for his load. Anything that leaves my workplace on a commercial trucking company truck is secured by the driver and load dimensions are subject to the drivers approval. His load, his responsibility.
 
   / Aftermath of a series of very unfortunate mistakes! #3  
I have a real problem with the court decision that the shipper has a responsibility of safely loading a third party hauler. As far as I am concerned the driver is responsible for his load. Anything that leaves my workplace on a commercial trucking company truck is secured by the driver and load dimensions are subject to the drivers approval. His load, his responsibility.

Not sure I agree with that. It sounds like the shipper released the load to someone with no paperwork, and the incorrect trailer. There is some shared responsibility here.
 
   / Aftermath of a series of very unfortunate mistakes! #4  
Normal weight limits on interstates is 80,000lbs on 5 axles.

If a shipper lets a truck leave their facility over that weight and that truck is involved in a fatal accident, that shipper is partly liable.

Improperly secured load, drivers fault.
 
   / Aftermath of a series of very unfortunate mistakes! #5  
Not sure I agree with that. It sounds like the shipper released the load to someone with no paperwork, and the incorrect trailer. There is some shared responsibility here.

Perhaps. But if the driver did not know or care how tall his load was why does he have a CDL? Probably a moot point now. I have had drivers show up at my workplace and take 30 minutes to back into a loading dock that is only moderately difficult. It is truly amazing how little skill or intelligence it takes to get a CDL A today.
 
   / Aftermath of a series of very unfortunate mistakes! #6  
Perhaps. But if the driver did not know or care how tall his load was why does he have a CDL? Probably a moot point now. I have had drivers show up at my workplace and take 30 minutes to back into a loading dock that is only moderately difficult. It is truly amazing how little skill or intelligence it takes to get a CDL A today.

Sadly...
 
   / Aftermath of a series of very unfortunate mistakes! #7  
Sometimes, whoever has the best insurance policy to milk will be instantly guilty as well.
 
   / Aftermath of a series of very unfortunate mistakes! #8  
Sometimes, whoever has the best insurance policy to milk will be instantly guilty as well.

Too true, which could explain why United Rental is on the hook. OTOH one reason that companies contract work out is to transfer the risk to another party.
 
   / Aftermath of a series of very unfortunate mistakes! #9  
I have a real problem with the court decision that the shipper has a responsibility of safely loading a third party hauler. As far as I am concerned the driver is responsible for his load. Anything that leaves my workplace on a commercial trucking company truck is secured by the driver and load dimensions are subject to the drivers approval. His load, his responsibility.

Agreed. Most shippers probably are not a professionals at securing and transporting CDL loads. That's why they hire it out.
If I hire a taxi to take me across town and he gets in a wreck that kills someone in another vehicle, the court wouldn't hold me responsible for hiring the taxi.
 
   / Aftermath of a series of very unfortunate mistakes! #10  
I have a real problem with the court decision that the shipper has a responsibility of safely loading a third party hauler. As far as I am concerned the driver is responsible for his load. Anything that leaves my workplace on a commercial trucking company truck is secured by the driver and load dimensions are subject to the drivers approval. His load, his responsibility.

"Manuel Montez, the operations manager, greeted Martinez, who spoke in "broken English" and said he was there for a "boom." According to Montez, he asked Martinez for his paperwork, but Martinez did not have any. Montez asked Martinez to contact his supervisor for a bill of lading (BOL) number. A bill of lading is required before the equipment is released and helps the United Rentals staff ensure the correct person is getting the correct equipment. Martinez tried to contact his supervisor but said his "boss" was not available.<<<<<<"

If United had strict policies in place to avoid negligence, why did they release the load? After all, it was still their equipment, they only hired a truck. At some point, everyone has to share in the fact that sometimes bad decisions have ripple effects.
 

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