OT-Independent Truckers Liability

Hi Everyone, this is OT, but recently in the news here in Canada, the right rear dual wheels on a trailer snapped off at the
axle flew across the median and hit a large SUV travelling in the opposite direction seriously injuring the SUV driver who later
died of his injuries.

My question is: if you are and independent trucker and you pick up at loaded trailer owned by company X and you do all the
mechanical checks of the trailer as required by law and record everything in your log book and a wheel comes off the trailer and
causes damage, who's insurance is responsible? owner of tractor or owner of trailer company X?

Are independent truckers required to carry insurance to cover the cost of the trailer and contents or is that the responsibility
of company X?

I don't want a detailed legal opinion just a simple answer as I have very little knowledge of the trucking industry.

TIA
JimB

A short answer is impossible since there are as many different contracts for pulling trailers as truckers willing to do it seems like. But in my case Dart carries all the insurance for my truck as long as I'm hooked to the trailer. The only insurance I pay is for while I'm without the trailer. Who pays at the law suit is another matter entirely.

Pretty simple - the driver can expect to be sued. The trailer owner can expect to be sued. The truck owner (if different from the driver) can expect to be sued. It's been a few years ago, but that exact scenario played out here in a court case. A guy borrowed a pickup from one friend, then borrowed a trailer from another friend, then was involved in an accident. All three were sued, and this was after the truck owner's insurance company had already paid the policy maximum to the suing party. A sobering thought when someone asks to borrow your trailer.

This was in the USA - things may be different in Canada.

As jon said : a lot depends on lease agreement. Be sure the ambulance chasing lawyers will sue every one in sight..

Over simplified here but, typically the power unit is responsible for liability, the trailer owner would be responsible for collision/damage to the trailer itself. In reality, anyone that has been within a half mile of that trailer will be sued, including the last shop that worked on it. It can take 10 yrs Plus for it to finally all get settled.

Neither Insurance company is liable for damages caused by Negligence of their insured. They just have a contract which says if their insured is sued regarding HIS liability, they will defend and pay injuries up to the policies limits. The operator is negligent, but the insurance company will defend their insured and pay x dollars for what he is court ordered to pay.

That being said, the DRIVER is liable if he in the operation of equipment and the circumstances under his control regarding conditions which he knew or should have (with due diligence) been aware of he exposed the defendant to a reasonably forseeable risk of injury (negligenCE) and if such was the proximate cause of injury THAT PERSON (NOT insurance company) IS LIABLE.

BUT there may be a contract with the trailer owner that says if such happens we will defend and pay IE driver may be negligent but the owners insurance will pay

If the truck operator knew or should have (with due diligence) known there was a defect yet he ignored it or failed to repair it and such caused injury YES HE IS LIABLE and an insurance company (if hes insured) will pay it as a matter of contract law. And perhaps his contract with the trailer owner says they will defend and pay for the liability???????????


MORAL OF THE STORY EACH IS RESPONSIBLE FOR THEIR OWN ACTIONS and having insurance or not is NOT a legal defense but a way to cover the risks.

BOTTOM LINE NO ONE HERE CAN ANSWER YOUR QUESTION, IT DEPENDS ON WHAT ALL THE CONTRACTS AND INSURANCE CONTRACTS SAY NOTTTTTTTTTTTTTTTTT WHAT ANY OF US THINK OR WHAT OUR OPINIONS ARE OR WHAT OUR PARTICULAR EXPERIENCE WAS

Insurance law is a matter of STRICT CONTRACT LAW not any of our opinions or guesses, so if Billy Bob or Bubba say this happened to us and this was the result so heres the answer, DONT BET YOUR LIFE ON THAT LOL that may well have been what their contracts and insurance contracts said but that may or may NOT be what your contracts have to say THEIR SITUATION MAY BE SAME AS YOURS BUT IT MAY NOTTTTTTTTTTT

Best wishes READ THE CONTRACT WITH THE TRAILER OWNER AND ALL THE INSURANCE CONTRACTS, THEREIN LIES YOUR ANSWER NOTTTTTTTTTTTTTTT HERE

PS I apologize, I know you want a simple generic answer, but I (nor anyone) can give that not having read all the contracts WHAT THEY SAY RULES NOT WHAT ANY OF OUR CONTRACTS MAY SAY OR WHAT WE THINK OR FEEL OR EXPERIENCED

John T Attorney at Law

In Canada we don't have to worry about being sued. Insurance is on truck and trailer and makes no difference which one pays. I'm in Manitoba and we have to have insurance. If not we would really have to pay. You have to show most if not all companies prof of insurance before you do work for them. I carry 1 million on truck and a human life is only valued by insurance at $125000. I like our system as even if you rip a guys truck in half trying to pull him out of the ditch you can't be sued( Good Samaritan act). May vary by province, I don't know

Thank you all for the replies. My only involvement was a discussion at local Tim Horton's coffee this morning.
I realize the laws are completely different in Ontario, Canada and so far the lawyers in Canada are not willing to sue if someone sneezes.
PS, when I am travelling in the USA, I add additional medical and auto insurance to $2 million.

Thanks Again
JimB

If the wheels came off due to a failure that was not reasonably obvious to the driver doing a proper pre-trip inspection, the incident would likely be defined as an accident. Liability is another matter. As already posted, it all depends on what the contracts say. In most instances, the deepest pockets get sued the hardest. This is not fair or just. It is simply the way things are done when the ambulance chasing liars,,,er...LAWyers get involved. If I were still in trucking, and if I owned my own tractor, I would carry a LOT of liability insurance. After all, once the bloodthirsty savages get done with you, all they will leave is bones.

IN my state (as others have aid) the power unit is responsible for the trailer. I had this talk with my agent. IF I am towing a boat camper or flatbed and something happens the trucks insurance is the subject (even though a trailer can be insured) NOW IN COURT OR LEAGAL WORLD THAT would be another subject. Also in Canada I have no idea how they go about it.