Utility Truck Runs Stop Sign Critically Injuring Two Year-Old Girl
On Thursday, October 2, 2008, at about 10:40 a.m. in Grand Chute, Wisconsin, a utility truck ran into a minivan at Northland Avenue and US-41. The utility truck was hauling metal and PVC piping. Upon impact with the minivan, a piece of metal piping was launched into the passenger side of the minivan.
A two-year old girl, seated in her childseat in the minivan, was critically injured. The girl was transported to Theda Clark Medical Center in Neenah, Wisconsin, and was later transferred to Children’s Hospital in Milwaukee, Wisconsin. At last report, she remained in critical condition.
A preliminary investigation of the accident revealed that the 36 year-old driver of the utility truck was heading west as the minivan was turning east onto Wisconsin 15 from the US-41 southbound off ramp. It appears as though the driver of the van ran a stop sign, crashing into the minivan.
The Wisconsin State Patrol is currently in the process of doing an accident reconstruction of the tragic collision. The critical questions in the investigation appear to be the reasons why the driver failed to stop at the stop sign, as well as the reason why the metal piping was not properly secured in order to prevent it from being launched from the utility truck.
The majority of heavy trucks that operate within Wisconsin are subject to most of the requirements of the Federal Motor Carriers Safety Regulations, either directly or indirectly, because of the adoption of the federal regulations by Wisconsin law. If indeed the utility truck was required to comply with the Federal Motor Carriers Safety Regulations, then the truck driver would have been required to safely inspect and secure the metal and PVC piping. The shipper may also have had a responsibility to adequately secure the load.
What legal obligation does a shipper have to adequately secure a load?
The legal obligations of the shipper may be set forth in the "shipping agreement" or contract between the driver/motor carrier and the shipper. If the contract provided for a "sealed load" then the shipper assumes the responsibility for the safe loading of the trailer and the driver is specifically instructed not to do any of the loading. The Federal Motor Carriers Safety Regulations require the driver to inspect the load within the first 50 miles and then every duty status change or 3 hours or 150 miles, EXCEPT in situations where the load is “sealed” or if the trailer has been loaded in a manner that makes inspection of its cargo impracticable.” See 49 CFR §392.9(b)(4).
If the shipper overloads or improperly loads a trailer and the truck crashes due to the extra weight or a load shift, then the shipper may be jointly liable under Wisconsin law for the concerted action with the driver/motor carrier, pursuant to §895.045(2) Wisconsin Statutes.