The basis for any lawsuit is a duty that was failed. For example: hand rails on a set of steps. No handrail you failed to make those steps as safe as possible. Why do you think brokers match loads to drivers/equipment? Because they have a duty to insure that any loads it contracts out meet safety standards for shipping.
As a former insurance adjuster I would be asking questions. Like were you hauling for hire? Who hired you? Did they know what you were hauling with. Any proof they knew like saved text messages or Emails? Were you hauling for a business? Does this person/business have business insurance? Any wrong answer I would refer it to the company's legal department.
So yes, you could be a co-defendant if you allowed the guy to haul something he doesn't have the proper equipment for.
Before you start with "well I've always hauled with...." if you get into an accident while overloaded, car or truck not only are you legally liable you could be charged with something like negligent homicide should someone be killed. Not to mention that most states can and will nail you for over weight or un/under secured load.
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Today's Featured Article - Earthmaster Project Progress Just a little update on my Earthmaster......it's back from the dead! I pulled the head, and soaked the stuck valves with mystery oil overnight, re-installed the head, and bingo, the compression returned. But alas, my carb foiled me again, it would fire a second then flood out. After numerous dead ends for a replacement carb, I went to work fixing mine.I soldered new floats on the float arm, they came from an old motorcycle carb, replaced the packing on the throttle shaft with o-rings, cut new ga
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