In most of the situations of injury and damage that are a result of allegedly improperly loaded freight, the damage is to third parties, who fall victim to freight careening from trucks on public highways, or falling off, or out of, trucks in consignee unloading facilities or terminal yards. However, there are instances in which the drivers of the trucks that actually pick up the loads from the shippers, and who play some role in the actual loading process, are themselves injured. Often, these drivers are precluded by their respective state’s workers’ compensation statutes from filing any type of lawsuit against their carrier employers for their injuries. In many of these instances, the drivers then look to the shipper, and bring actions for alleged improper loading of freight.