Question

Jack is a trucker who makes his living moving modular homes. This is a dangerous business in that the portions of the houses once on the truck are wider than the road lanes. Also, Jack frequently has to travel much more slowly than the other vehicles on the road. One day, Jack, on his way to Atlanta with a modular home in tow, found himself approaching two trucks coming from the opposite direction with the words “High Museum Exhibits” on the truck panels. When Jack swerves to avoid a bicyclist, a museum truck runs off the road and tumbles down an embankment. No one is harmed, but the exhibit being transported is damaged. Discuss the various theories of liability that might be applied here and why they would be appropriate.

Answer 1

With Atlanta falling under the ambit of the US, the following are the theories of liability that might be applied in the above case:

Under General Liability, a carrier (here, Jack) providing transportation services subject to jurisdiction under Subchapters I or III of Chapter 135 or Chapter 105 are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed is for the actual loss or injury to the property caused by (A) the receiving carrier (B) the delivering carrier, and (C) another carrier over whose line or route the property is transported.

Liabililty on Jack for Civil Actions in a district court of the United States or in a State Court. The truck carrying High Museum Exhibit may also file a case against Jack responsible for alleged loss or damage in the judicial district.

Liability for violating laws on Projecting Loads can be imposed on the owner (Jack) since he is not allowed to have a load component that extends beyond the sides by more than 4 inches or more than 4 feet beyond the rear, without a flag.

Revocation of Commercial Licence as well as driver's licence is an added liability for not following the rules laid down by FMCSA.

Public Liability arises if a case is filed for collateral damage to environment, personal vehicle or property of the State or the individual under section 29 and 30 of Motor Carrier Act.