Damage to the tractor truck or trailer during loading and unloading. Who should be responsible?

Damage to the tractor truck or trailer during loading and unloading. Who should be responsible?

Who is responsible for damage to the tractor in case of a truck crash in Germany in case of damage to the trailer during loading/unloading of the truck? 

How can a driver correctly record an accident and fill out a damage report? We'll go over these and other questions in this article with the experts from the MT onroad team.

Who is responsible for the safety of cargo and trucks?

Who is responsible for securing the load and what to do if there are problems during loading/unloading if you have a car accident? 

In practice, it is often difficult to determine who is actually responsible for the damage to the vehicle and who is liable in a normal truck accident wherein the vehicle is damaged during loading or unloading of goods. Generally, making sure everything is ok with the cargo and its safety is the responsibility of the driver. But what if the shipper or the consignee has damaged the vehicle while loading or unloading goods and refuses to compensate for the damage?

You can refer to the regulations in the Road Traffic Regulations (StVO), Motor Vehicle Accident Law, the Commercial Code (HGB), the Occupational Health and Safety Act (ArbSchG), but the legal requirements are slightly different everywhere. Each of the regiments has its nuances in terms of technical regulations for securing, loading and unloading goods and car accident compensation.

According to a leaflet published by the German Road Haulage Association (BGL), anyone who causes damage by their actions or omissions during lorry crash must be held liable. However, if we return to the legislation on road transport, we find that there is no clear definition of responsibility for loading and unloading.

The German Commercial Code (HGB) states that the shipper must load and secure the goods in compliance with all safety regulations for transport, as well as unload them. But depending on the situation, the loading and unloading of the goods may not be carried out by the shipper, but by the transport company, i.e. the driver. Therefore, the question of liability depends on each road accident cases. Even if you contact BALM, you will not get a clear answer. It is important to point out at this point that if the loading and unloading of the goods is performed by the driver; it is “other work” according to the rules for driving and rest periods, which cannot be counted as rest time.

In summary, the responsibility for securing the load, loading and unloading can be borne by both the consignor and the carrier or the driver.

Loading and unloading: basic provisions

What do drivers need to know? Important facts:

• The shipper assumes responsibility for loading in accordance with the HGB. Only the shipper can know exactly the specifics of the goods and how best to secure the goods for careful transportation.
• The fact that the shipper is liable for the loading of the goods is stipulated in the German Commercial Code (section 412, paragraph 1). According to the same provision, the responsibility for unloading lies with the consignee, but more often the driver is involved. If damage occurs, car accident compensation claims are frequently disputed. If the driver acts as an agent of the shipper or consignee during loading and unloading and acts under his supervision and in accordance with the instructions received, any unlawful acts on his part can be blamed on the shipper or consignee.
• The driver of the carrier is responsible for safe loading on his part, as he knows the characteristics of the vehicle used and its driving better than any other party. Before starting the journey, the driver is obliged to check the reliability of the fastening of the cargo and, if fastening elements are loose or not strong enough, to correct them. The driver must ensure that the permissible dimensions for the axle loads are observed. The driver must periodically check and tighten fasteners, especially after sudden braking or maneuvering. This will help to avoid truck accidents abroad.
• According to Section 447 of the Civil Code, the division of responsibility between the shipper and the consignee of the goods is regulated by law or contract. The sender is released from his obligations when the goods are handed over to the carrier (for example, when selling goods by mail with delivery). In other cases, it is good to have an agreement on who will unload the cargo and who will take responsibility if the cargo is damaged during unloading.
  
  

Important information for drivers:

If a difficult situation arises, it is better if the driver refuses to unload. If the cargo or the truck is damaged, they cannot sign anything. The carrier must inform his insurance company about the incident. The driver, in turn, should immediately address the damage by filling out a car accident claim, a special protocol, which we will discuss later.

How to fix truck or trailer damage

If the cargo is damaged in a truck crash or during loading and unloading, the driver must correctly record all damage and fill out a vehicle accident claim. This information will be provided to the trucking company, insurance company, police, attorneys, and others involved in the handling of the accident.

What should be included in the motor accident claim:

Accident details:

1. Date/Time.
2. Place of accident (exact address or geolocation).
3. Are there any victims?
4. Was property damaged?
5. Was a police report filed?
6. Witnesses (contact information).

Information about the owner (carrier company), driver and vehicle:

1. Vehicle owner (company).
2. Driver (name, address).
3. Phone number of the driver.
4. Number of the driver's license.
5. Open categories, when they were issued, from which date and until which date they are valid.
6. Make and model of the vehicle.
7. State registration number.
8. Insurance company name and policy number.
9. Complete Casco insurance policy (if any).

One can fill out the car crash claim before the police arrive, photo and video material will also be attached. In case of an accident, if you have problems with the police or with the recipient/sender of the truck, due to whose careless actions the vehicle was damaged during unloading/loading, if you speak poor German and don’t understand how to proceed, contact the MT onroad helpdesk. We will mediate communication with the other parties involved in the lorry crash, the police, and if necessary, help to truck the load to another vehicle if the trailer is damaged.

You can reach us 24/7 by phone: +49 977 5376 9999.