An industrial wheel struck an SUV inuring four, two of whom were flown by an air ambulance to a local hospital. According to a Pennsylvania State Police Officer at the scene, a family was traveling in their Ford SUV when a wheel and part of an axle smashed through their windshield and hit three of the family members.
The incident happened Friday afternoon, February 15, on the Pennsylvania Turnpike near the Jim Thorpe Exit. Police also said that they didn’t know where the wheel came from, and the incident was currently under investigation. They are asking if anyone has information about the accident, please call 1-888-292-1919.
Commercial Trucks and Accidents
Commercial trucks are everywhere on our nation’s highways, freeways and streets. They are vital to our economy and to well-being of our nation by transporting supplies, food and equipment to all parts of the country.
However, by sharing the streets with passenger vehicles, they pose a risk to everyone on the roads. This is because commercial trucks are much heavier than the average car with some being over 20 times in weight, and they are often carrying loads that can be dangerous if not secure.
Pennsylvania has laws that require commercial trucks to keep their load secure. 75 Pa. Code Sec. 4903:
Securing loads in vehicles.
- General rule.—
“No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping.”
- Fastening load.—
“Every load on a vehicle shall be fastened so as to prevent the load or covering from becoming loose, detached or in any manner a hazard to other users of the highway.”
The penalty for a violation is a $100 to $300 fine, and if someone is injured, then the fine can be $300 to $1,000.
Liability for Flying Debris
If something does come off a truck from an unsecured load and does damage to a car or injures someone, then the driver and/or owner of the vehicle may be liable for the damages. This is separate from a code violation, and under Pennsylvania law, whether or not the driver is cited for a code violation will not affect (positively or negatively) a person’s civil case for damages.
The bottom line is, if someone is injured by flying debris from another vehicle, then the law will look to see if the person responsible for the load was negligent in securing the load. Is so, then he or she will be liable for all personal injuries and property damage done as a result.
Commercial Insurance Policies
Just like passenger vehicles, commercial trucks have insurance policy requirements with minimum policy limits. In Pennsylvania, a commercial truck must have at a minimum liability policy that depends on the cargo being transported.
- General Freight is $750,000
- Oil Freight is $1,000,000
- Domestic Goods is $300,000
This covers commercial vehicles that are housed and operate within Pennsylvania, but many transport trucks go across state lines, and thus the federal government sets minimum policy limits. This is regulated by the Federal Motor Carriers Safety Administration. Basically, the minimum policy limits are $750,000 to $1,000,000. Most transport companies have policies that carry at the minimum $1,000,000 to $5,000,000, which will comply with federal and state minimums.
What do I do if Injured by and Unsecured Load?
The best thing to do—once you are safe—is to get as much information as you can at the scene. Take pictures (most people have a cell phone) and get information on the driver/owner/company of the truck so you can make a claim.
Once you know who you are dealing with, you can contact the company and their insurance company to begin your claim process. If they either deny your claim or offer an unsatisfactory payment amount, then you will have to file a suit in court.
Do I Need an Attorney?
When dealing with commercial companies and insurance companies, you should at the least talk to an attorney. When it comes to personal injury and property damage, there are limitation and filing deadlines that must be met, and when talking to an agent or their attorney, you can say the wrong thing or sign something that can greatly impact your case.
The best course of action is to hire an attorney who can do all these things for you. Let them deal with the deadlines, agents and attorneys. You have other things to concentrate on. You need a Pennsylvania Truck Accident Lawyer who is experienced and knowledgeable concerning commercial truck accidents. Call the Pearce Law Firm, P.C. at (215) 557-8686 or text at (215) 880 6164. You can also send them a message online by clicking here.
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