Liability is to the public. Responsibility is to the one controlling the load.
The responsible party is the one signing the bill of laden on behalf of the liable company.
When a driver picks up the load, he is signing he is responsible for the load and all it’s contents, from one location to another. The Liability of whether or not he completes the load, rests with the Public company. (Public company is stated loosely, remember the Liability for the load is to the public in General) Which is why the Carrier’s are authorized by the public, to perform the supervision…..
Driver’s are the acting on behalf of the Carrier. The Carrier is financially responsible for the freight, contents, delivery, and acceptance by the receiver from the shipper, until it is offloaded.
This is a hard concept because Drivers, even though can be sued in addition to the Carrier if something goes wrong. The majority of the liability rests with the responsibility to the public.
The great thing is if you are Professional, and you do your job, you are the prime driver of any fleet. Your liability is way below, any other, and if you choose to stay as a driver, you can walk in to any company and help improve it and the industry.
I speak my mind, and people do to me as well. I have taken my ass chewing from some of the best ass chewers that will make sure you learn, but take and accept your responsibility. I had a customer, who chewed my ass because a broker would not release the driver from a load, we were the broker, the customer wanted the broker to approve the drop at the facility in South Dakota, where we were waiting for the frost laws to allow him to finish the transport. 30 days this man sat under this load, because the broker wouldn’t allow the driver to drop load in a storage facility with the trailer. The customer called me chewed my ass! What could I say at that point? I had to be the one calling this man to tell him he would not free him up, to go move a few loads while we waited for the frost laws to allow passage. Then have the customer call me to tell me what he thought of me, and that I was the piece of shit, and not one time did I ever tell that broker, I took the one ass chewing that if I was located in his office, I would have slammed that motherfuckers head into the desk, for not paying that man but $2500 extra for sitting there the 30days…….
The broker knew he could be held liable for load if anything happened at the storage facility due to contract. Driver knew he was the one responsible, so he stayed. Customer was mad about his generator being held up, but would not relinquish the load liability, which would technically, mandate broker would be paid immediately, due to the transport requirement of COD terms. Driver was insuring everyone, but neither one of the parties would just let the driver be paid, so he could rehire to move the load at a later date. Broker knew if they released the load, and paid the invoice, he would be cut out, of the other half of the quoted freight for movement.
JD Rockefeller said it best, “Own Nothing, but Control Everything.”
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