In the late 1970’s, Congress, concerned about increased truck traffic and non-conformance with trucking regulations due to the deregulation of the trucking industry by the federal government, began a debate to address these concerns.  At this same time, the Department of Transportation conducted a random roadside inspection of commercial motor vehicles traveling on I-80 in Pennsylvania and the results were staggering.  More than half of the commercial vehicles were placed out of service due to a variety of safety violations.[1]  As a result of congressional debate and the DOT’s informal study, Congress passed The Motor Carrier Act of 1980 (hereinafter “the Act”).

The Act imposed higher levels of financial responsibility on motor carriers operating under federal permit and intrastate carriers operating under state authority.  The chart below, prepared by the Department of Transportation, shows the minimum required financial responsibility as determined by the type of cargo hauled.  

 DEPARTMENT OF TRANSPORTATION SCHEDULE OF LIMITS-PUBLIC LIABILITY

            In an effort to glean the transportation and insurance industries’ compliance with the Act’s mandated levels of financial responsibility, Congress created the MCS-90 endorsement.  The MCS-90 is essentially an endorsement that makes the insurer a surety to the public.  The Act requires the MCS-90 endorsement be attached to any liability policy issued to motor carriers operating commercial motor vehicles that are transporting property in interstate or foreign commerce.[2]

            Most of these motor carriers meet their financial responsibility by purchasing an insurance policy and attaching Form MCS-90, Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980.  The endorsement[3], reproduced at Exhibit 1, is attached to a Truckers Coverage Form, Motor Carrier Coverage Form or a Business Auto Policy, depending on the coverage form the insurer utilizes.  Usually, when a loss occurs, the motor carrier’s tractor-trailer is listed in the declarations or is otherwise covered by the insurance policy issued.  As such, the insurance contract itself provides the necessary coverage to protect the public.

            Occasionally, as a result of underwriting errors, policy terms, insolvency, or illegal trucking operations, a tractor-trailer will have no coverage and the MCS-90 endorsement is triggered.

            POLICY ISSUES           

            The purpose of the endorsement is to ensure adequate levels of insurance coverage in the event of a trucking accident involving a member of the public or the environment.  “Accordingly, the MCS-90 endorsement creates a surety ship by the insurer to protect the public when the insurance policy to which the MCS-90 is attached otherwise provides no coverage to the insured.”[4]

“In effect, the endorsement shifts the risk of loss for accidents occurring in the course of interstate commerce away from the public by guaranteeing that an injured party will be compensated even if the insurance carrier has a valid defense based on a condition in the policy.”[5]

 COVERAGE DEFENSES DO NOT APPLY             The MCS-90 endorsement states, “[i]n consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere…. It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured.[6] 

            In cases where the insurer for the motor carrier has cited a coverage defense, a seasoned attorney will immediately sue the motor carrier, driver and owners of the tractor and trailer.  This strategy creates an interesting dilemma for the insurer.  Depending on the coverage defense asserted, the insurer is now compelled to either, (1) deny coverage and refuse to defend its insured; or (2) defend the lawsuit under a reservation of rights and initiate a declaratory judgment lawsuit to determine its duties under its policy.  Either choice pits the insured’s interests against its insurer’s interests.  This scenario, if used appropriately, can be used to increase case values.

            If the insurer chooses to deny coverage and not answer the lawsuit it leaves the insured without representation in the lawsuit and the looming possibility of a default judgment.[7]  This choice leaves the insurer open to a variety of bad results, including waiver of coverage defenses, bad faith, and a default judgment against its insured.  Once a court issues a final judgment against any insured, the injured plaintiff can invoke the MCS-90 endorsement and request payment from the insurer.  If the insurer fails to pay the judgment, “the judgment creditor may maintain an action in any court of competent jurisdiction against the insurance company to compel such payment.[8]           

            Most prudent insurers choose to defend its insured under a reservation of rights and file a separate declaratory judgment action to determine its duties under the policy.  Under this scenario the insurer’s costs and expenses increase exponentially.  Furthermore, even if they discharge coverage in a declaratory action, the insurer is ultimately on the hook for any final judgment.  This choice destroys any working relationship between the insured and insurer.  As a result, the insureds rarely cooperate in the defense of the plaintiff’s claims.  Also, the MCS-90 has been held to trump non-cooperation and notice clauses.[9]  In effect, the MCS-90 endorsement forces the insurer to pay a premium to get the case resolved because the alternative route is too costly.

NO DUTY TO DEFEND 

            The MCS-90 does not create any obligation on the part of the insurer to defend its insured for claims not covered by the policy.

            Although the endorsement doesn’t require the insurer to defend, as discussed above, a failure to defend may result in a default judgment.  Once the judgment is final, the MCS-90 endorsement creates absolute liability on the part of the insurer to satisfy the judgment up to the policy limits listed on the endorsement.  A failure of the insurer to satisfy the judgment, gives the judgment creditor a right to pursue a direct action against the insurer for the amount of the judgment.  Wouldn’t we all enjoy litigating that case?  Essentially, the MCS-90 endorsement requires insurers to pay any adverse result of a default hearing, thereby encouraging insurers to choose to defend the underlying tort action or settle the case at a premium.

     SUBROGATION ALLOWED 

            As a general rule, a liability insurer cannot receive reimbursement from its insured for losses paid under the policy by subrogation or other means.  However, the MCS-90 endorsement contains a subrogation clause that states, “the insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of said policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in the endorsement.”[10]

            Although, in theory, this provision may give comfort to the insurer, who is ultimately required to pay a judgment where no coverage exists, practically, the carrier will have a difficult, if not impossible, time realizing a recovery from its own insured.  Assuming the insured has potential assets, the insurer cannot commence recovery efforts against its insured until after they make payment, which is often years after the loss occurs.  Over this time frame, its insured can file bankruptcy or transfer its assets to avoid paying any judgment the insurer receives.  Further, many insureds never read their policies or claim their agents or brokers did not properly explain the coverage when purchased.  In response, agents typically argue they explained the coverage to the insured.  In the end, exercising subrogation rights under the MCS-90 endorsement becomes an expensive exercise in futility for the insurer and may not be worth pursuing.

 MCS-90 INTERPRETATIONS  

            The MCS-90 endorsement has been in use for over 20 years and its terms have been repeatedly litigated.  The following is a summary of some of the decisions affecting the MCS-90 endorsement and its application:

-           The Department of Transportation administers safety regulations and therefore the          exempt nature of the commodity being hauled has no bearing on the application         of the MCS-90 endorsement[11]

-           A commodity is deemed interstate or intrastate by examining the facts    surrounding the shipment and the “essential character” of the shipment.[12] 

-           The motor carrier who purchased the insurance need not have been negligent; all            that is required is that the accident resulted from negligence and that a judgment    was entered implicating the coverage provisions of the policy and the             endorsement.[13]

-           This rule of law has been upheld when there was a judgment against the employee          truck driver and recovery from employer’s policy,[14] a judgment against the driver and recovery from the trailer lessee’s policy,[15] judgment against the uninsured          tractor owner and the uninsured truck driver and recovery from the trailer owner’s         policy,[16] and judgment against the tractor-trailer driver and the owner of the   tractor and recovery from the trailer owner’s policy.[17]

-           The MCS-90 creates a duty to indemnify an insured for non-covered autos       operated under the motor carrier’s authority.[18]

-           Required indemnification of the insured for judgment based on a theory of          vicarious liability.[19]

-           Without a lease between an owner/lessor and motor carrier/lessee, an insurer will           not be required to indemnify the motor carrier for any judgment against the    owner/lessor.[20]

 -           The obligations of an insurer to indemnify its insured also extend to any liability   deductibles or self-insured retentions the insured may carry.[21] -           Whether or not the MCS-90 covers punitive damages turns on whether the       underlying policy provides coverage for same.[22] CONCLUSION             The government’s system for ensuring compliance with financial responsibility laws has proven to be an effective program.  The courts, in coming to some of their far reaching decisions regarding MCS-90 enforcement, have strongly upheld the public policy behind the endorsements creation to ensure that members of the public are protected when injured by members of the transportation industry.  However, not surprisingly, the insurance industry is, once again, fighting back and proposing new rules for the MCS-90 to limit the endorsement’s reach.  Stay tuned!      

[1] Motor Carrier Act of 1980 (PL 96-296), House Report No. 96-1069 dated June 3, 1980, p. 43

[2] See 49 C.F.R. §§ 387.3, 387.7.  When not physically attached to the policy, the terms of the endorsement may be imputed by law.  Transport Indem. Co. v. Carolina Cas. Ins. Co., 133 Ariz. 395, 652 P.2d 134 (1982); Hagans v. Glens Falls Ins. Co., 465 F.2d 1249 (10^th Cir. 1972); Travelers Ins. Co. v. Transport Ins. Co., 787 F.2d 1133, 1139 (7^th Cir. 1986).

[3] 49 C.F.R. §387.15.

[4] Canal Ins. Co. v. Distribution Servs., Inc., 242 F.3d 667, 672 (5^th Cir. 2001).[5] Pierre v. Providence Wash. Ins. Co., 784 N.E.2d 52, 53-54 (2002).

[6] 49 C.F.R. §387.15 (emphasis added).

[7] For a good example of how this plays out in the real world see Century Indemnity Co. v. Carlson, 133 F.3d 591 (8^th Cir. 1998)

[8] 49 C.F.R. §387.15.

[9] Campbell v. Bartlett, 975 F.2d 1569 (10^th Cir. 1992).

[10] 49 C.F.R. §387.15

[11] Century Indemnity Co. v. Carlson, 133 F.3d 591 (8^th Cir. 1998)

[12] Roberts v. Levine, 921 F.2d 804 (8^th Cir. 1990)

[13] Pierre v. Providence Washington Ins. Co., 99 N.Y.2d 222, 231, 78 N.E.2d 52, 57 (2002).[14] See 2 David N. Nissenberg, The Law of Commercial Trucking: Damages to Persons and property § 14.07 at 789 (3^rd Ed. 2003)[15] See 2 David N. Nissenberg, The Law of Commercial Trucking: Damages to Persons and property § 14.07 at 789 (3^rd Ed. 2003).  [16] See 2 David N. Nissenberg, The Law of Commercial Trucking: Damages to Persons and property § 14.07 at 790 (3^rd Ed. 2003).

[17] Id.

[18] John Deere Ins. Co. v. Nueva, 229 F.3d 853 (9^th Cir. 2000) cert. denied, 534 U.S. 1127, 122 S. Ct. 1063, 151 L.Ed. 2d 967 (2002). [19] Integral Ins. Co. v. Lawrence Fulbright Trucking, Inc., 930 F.2d 258, 261 (2d. Circ. 1991).[20] See Jackson v. O’Shields, 101 F.3d 1083 (5^th Circ. 1996).[21] See 2 David N. Nissenberg, The Law of Commercial Trucking: Damages to Persons and property § 14.07 at 791 (3^rd Ed. 2003).

[22] Id.  See also Hartford Accident and Indemnity Co. v. American Red Ball Transit Co., 262 Kan. 570, 938 P.2d 1281 (10^th Cir. 1997); Boyd v. Nationwide Mut. Ins. Co., 108 N.C. App. 536, 424 S.E.2d 168 (1993).

                                                        EXHIBIT 1 =========================================================================ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980Issued to _______________________________________________________ of ________________________________________________________________Dated at ______________________________________________________ this __________ day of ____________________________________, 20 ______Amending Policy No. _____________________________________________ Effective Date ____________________________________________________Name of Insurance Company ________________________________________________________________________________________________________Countersigned by ___________________________________________________________________________________________________________________Authorized Company Representative The policy to which this endorsement is attached provides primary or excess insurance, as indicated by “[X],” for the limits shown: [ ] This insurance is primary and the company shall not be liable for amounts in excess of $_________________ for each accident. [ ] This insurance is excess and the company shall not be liable for amounts in excess of $_________________ for each accident in excess of theunderlying limit of $________________ for each accident. Whenever required by the Federal Motor Carrier Safety Administration (FMCSA), the company agrees to furnish the FMCSA a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FMCSA, to verify thatthe policy is in force as of a particular date. The telephone number to call is: ___________________________________. Cancellation of this endorsement may be effected by the company of the insured by giving: (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the FMCSA’s registration requirements under 49 U.S.C. 13901, by providing thirty (30) days notice to the FMCSA (said 30 days notice to commence from the date the notice is received by the FMCSA at its office in Washington, D.C.). U.S. Department of TransportationFederal Motor CarrierSafety AdministrationForm Approved:OMB No.: 2126-0008 _____________________________________________________________________________DEFINITIONS AS USED IN THIS ENDORSEMENT_____________________________________________________________________________ Accident includes continuous or repeated exposure to conditions or which results in bodily injury, property damage, or environmental damage which the insured neither expected nor intended. Motor Vehicle means a land vehicle, machine, truck, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. Bodily Injury means injury to the body, sickness, or disease to any person, including death resulting from any of these. Property Damage means damage to or loss of use of tangible property. Environmental Restoration means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. Public Liability means liability for bodily injury, property damage, and environmental restoration. =========================================================================The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in theoperation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured’semployees while engaged in the course of their employment, or property transported by the insured, designated as cargo. It is understood and agreed that no condition, provision, stipulation,or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition,insolvency or bankruptcy of the insured. However, all terms, conditions, and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated tomake under the provisions of the policy except for the agreement contained in this endorsement. It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment. The limits of the company’s liability for the amounts prescribed in this endorsement apply separately to each accident and any payment under the policy because of any one accident shall not operate to reduce the liability of the company for the payment of final judgmentsresulting from any other accident.========================================================================= 

Authorities reported one crash was a rollover in the median with at least one person trapped in the vehicle. A second crash happened in the vicinity of the first crash and involved a pickup truck that struck the rear of a semi tractor trailer.

Emergency personnel reported there were injuries.Fond du Lac Flight for Life was paged to the crash scenes.

The Highway 41 southbound lanes at Highway 26 are closed to traffic due to the crashes.

Officials from the Wisconsin State Patrol said Highway 41 southbound traffic should exit at Highway 26, turn south on County Trunk C and east on County Trunk N in Fond du Lac County to get back to Highway 41.

Source: The Northwestern

Source: My High Plains

The truck’s driver, 66-year-old Donald Pasma of Kuna, died at the scene.

The accident occurred around 5:30 a.m. as Pasma was headed westbound, one mile west of Sand Hollow Road.

For unknown reasons, he suddenly drove off the left shoulder of the freeway and ended up crashing into a retaining wall.

“This vehicle, it came in back behind that other trailer, between that trailer and that white pick up back there. It came down into the median, came right directly almost onto the tracks where our tow truck is and then came right down into here,” said Monty Freel, with Art’s Service Towing.

The Idaho Transportation Department and several tow trucks blocked the left lane westbound for over four hours while the semi was removed.

The crash is currently under investigation by the Idaho State Police.

Source: FOX 12 News

The accident happened near the 339th Avenue exit on I-10 at about 1 a.m.

The driver of the semi was badly injured when his rig overturned.

An SUV was also involved in the accident.

The freeway was restricted to one lane as crews cleared the scene.

There is no word yet on what caused the accident, or if anyone in the SUV was injured.

Source: ABC15

The accident happened on M-21 (Fulton) near Settlewood. One car slowed to turn left and the car behind, a Dodge Caravan, slowed as well.

But the third car, a Honda Odyssey, didn’t slow, and rear-ended the Caravan.

The Caravan was pushed into oncoming traffic, and the truck attempted to avoid the it. In that attempt, the truck driver hit the guard rail.

Two females were inside the Caravan, and both were taken to Spectrum Butterworth. Their condition is unknown at this writing.

The road was closed while the accident was investigated and cleaned up.

24 Hour News 8 will have more information as it develops.

Source: Wood TV

The Iowa State Patrol reports a crash between a semi and a buffalo blocked both southbound lanes of I-380 at Mile Marker 49, the Brandon exit. A semi carrying a load of bananas was heading from Mississippi to Fargo, North Dakota.

The driver said he saw the buffalo at 2:30 a.m. Wednesday morning, while heading north. The driver hit the animal but ended up across the southbound lanes. A second buffalo is on the loose. Another vehicle hit the truck after the crash but no injuries have been reported.

Source: KRG

The semi struck the driver’s side of the car. Theodore Sanning was pronounced dead at the accident scene. His passenger, 82-year-old Reba Sanning was taken to Lake Regional Hospital in Osage Beach, where she passed away Tuesday afternoon.

The driver of the 2007 Freightliner, 50-year-old Lester Gilpin of Ashland was not injured.

Source: KRMS

Idaho State Police say 66-year-old Donald Pasma was westbound on I-84 when for unknown reasons he drove off the left shoulder at milepost 16, about one mile west of Sand Hollow Road. The truck went through the median, over an overpass for a small farm road and crashed into a retaining wall. Pasma was pronounced dead at the scene.

Idaho State Police, Canyon County and Payette County Sheriff’s deputies responded to the crash along with Payette, Middleton and Caldwell fire departments.

The left lane on westbound I-84 at the crash site is still blocked while the vehicles are being removed by a tow truck.

Idaho Transportation Department is assisting with traffic control.

The crash is still under investigation by Idaho State Police and a crash reconstruction team.

Source: NWCN

The two victims, George Mutai of Lake Charles, La., and Julius Kosgei of Concordia, Kan., were pronounced dead at the scene of the 11:40 p.m. accident near Humphrey, according to information released by the Platte County Sheriff’s Department.

The victims, with Mutai driving, were traveling westbound on Highway 91 in a 2007 Chevrolet Malibu when Mutai failed to stop at the posted intersection, a sheriff’s department spokesman said.

The spokesman said the victims’ vehicle was then struck by a southbound semi-tractor trailer driven by Kelly Eisma of Hawarden, Iowa, as it passed through the intersection.

The semi driver was not injured.

Source: Columbus Telegram

Investigators say a westbound car was waiting to turn left into a driveway and a van was waiting behind it, when another van hit the waiting van. The van was pushed into the eastbound lanes where an asphalt truck was traveling at full speed. The truck driver tried to avoid the van, but clipped it and crashed through a guardrail and down an embankment.

One person in the van was thrown from the vehicle. Both people in the van have been taken to the hospital with injuries.

The truck driver and other drivers involved in the crash did not receive serious injuries. The truck did overturn spilling its load of asphalt.

Source: WZZM

CALDWELL - A Kuna man is dead after a semi-truck carrying two flatbed trailers drove off Interstate 84 in Payette County around 5:30 a.m. Tuesday.

Idaho State Police say 66-year-old Donald Pasma was westbound on I-84 when for unknown reasons he drove off the left shoulder at milepost 16, about one mile west of Sand Hollow Road - near the Payette-Canyon County line. The truck went through the median, over an overpass for a small farm road and crashed into a retaining wall.

The impact of the crash was so severe that the two trailers landed on top of each other.

“He was still in the vehicle and he was taken out by the jaws of life,” said ISP Trooper Brandon Bake.

Pasma was pronounced dead at the scene.

Idaho State Police, Canyon County and Payette County Sheriff’s deputies responded to the crash along with Payette, Middleton and Caldwell fire departments.

Some witnesses reported smoke and flames coming from the accident scene.

“So far it’s still under investigation we don’t know why. The witnesses that we had they said they didn’t notice anything strange or unusual when they drove by this semi truck or vehicle,” said Trooper Bake.

The left lane on westbound I-84 was blocked for several hours while emergency crews responded and the trailer and truck were removed.

The crash is being investigation by an Idaho State Police crash reconstruction team.

Source: KTVB

The crash occurred around 5:30 p.m., at the height of the evening rush hour.

According to a news release by the Ohio State Highway Patrol, Terrance Brunton, 49, of Newark was killed when he failed to yield right of way to a 1996 Ford pickup truck, driven Angela Taylor, 30, of Thornville.

The impact generated by the collision of Brunton’s eastbound 1985 Harley-Davidson motorcycle and Taylor’s 1996 Ford pushed the 1996 Ford into a third vehicle — a 2006 Ford F-550 driven by Mark Blackburn, 40 of Newark.

Brunton’s motorcycle then skidded into the an adjacent lane of traffic, where it was struck by a 1989 Peterbuilt semi-truck — the fourth vehicle involved in the accident.

Brunton was pronounced dead on the scene of the accident. He was not wearing a helmet, according to the news release. None of the other drivers were injured in the crash.

Violet Township Fire Department, The Pickerington Police Department, Columbus Police, and the Department of Transportation all responded to the collision to assist with the investigation and subsequent traffic detour.

Source: Lancaster Gazette

Daniel Fabela, 42, of Gridley, Calif. was unhurt in the crash, which happened around 3:45 a.m. near the Vandevert Road exit, said sheriff’s Sgt. Ronny Dozier.

An initial investigation found a northbound 1999 Freightliner tractor-trailer driven by Fabela left the road when he fell asleep, Dozier said.

The rig traveled down the east shoulder of the highway for about 375 feet before overturning and spilling the lumber down a shallow embankment, the sergeant said.

Highway 97 was partially blocked for a period of time while a tow truck was called in to right the trailer and remove it, Dozier said.

Source: KTVZ

Terrance Brunton, 49, was driving a 1985 Harley-Davidson motorcycle on eastbound Interstate 70 at about 5:30 p.m. and failed to stop for a 1996 Ford pickup driven by Angela K. Taylor, 30, of Thornville, an Ohio Highway Patrol spokesman said.

The spokesman said traffic in the left lane, where Brunton and Taylor had been traveling, had slowed to a crawl, and Brunton failed to slow down, rear-ending Taylor’s pickup.

The force of the impact pushed the pickup into a 2006 Ford F550 pickup driven by Mark A. Blackburn, 40, of Newark.

After Brunton’s motorcycle rear-ended Taylor’s vehicle, the bike skidded to the right lane and was struck by a semi driven by Jeffrey Kemp, 45, of Belmont.

Brunton, who had not been wearing a helmet, was pronounced dead at the scene. None of the other drivers were injured in the crash.

The spokesman said authorities still are examining the vehicles involved in the crash, but no citations will be issued because it appears Brunton was at fault.

Alcohol does not appear to be a factor in the crash, but authorities are awaiting the results of a blood test to finalize that information, the patrol spokesman said.

Source: Newark Advocate

“Luckily, there weren’t too many people around,” said Nick Tadrzynski, 31, who witnessed the aftermath of the accident. “The tire came flying off the highway and was still smoking when it hit.”

The truck’s right front tire flew hundreds of feet from the eastbound lanes of the highway, became airborne and struck Loren Dumont’s parked sport utility vehicle.

Dumont said he was eating breakfast in his Miller Ranch townhome when he heard a loud explosion.
“I thought, ‘That was weird,’ because it sounded like a bomb going off,” he said. “I looked out the window, and I saw something slam into my car.”

Dumont said the rim of the tire hit the passenger side door, shattering the window and jamming it shut.

“It was definitely a freak accident and it changed my day,” Dumont said. “I wasn’t expecting to deal with this.”

The driver of the semi, William Kennedy, of Redfield, Ark., escaped from the fire unharmed, said State Patrol Cpl. Larry Graves.
“The driver of the semi was able to get away,” Graves said. “The cab was fully engulfed in flames. We’re pretty lucky that the tire rolled all that way and didn’t hit any children.”

I-70 was closed from Wolcott to Avon for roughly 30 minutes.

Sparks from the axle of the truck apparently caused the semi to catch fire, police said.

“Once the wheel separated, it threw off sparks, and it looks like that was origin of the fire,” Graves said. “(The driver) came to a stop on the shoulder and was able to get out, but at that point the trailer was on fire and he wasn’t able to put it out.”

No injuries were reported in the incident, Graves said.

Fire crews quickly contained the fire to the vehicle without allowing it to spread onto wild brush on the shoulder of I-70, said
Kevin Rindy, Eagle River Fire Protection District battalion chief, in a statement Sunday.

Source: ValiDaily

Township Fire Capt. Bill Reed said Plain and Jackson Township ambulances took the injured to nearby Mercy Medical Center. He said none of the injuries were believed to be life-threatening. No one had to be extricated from their vehicles. He said medical privacy laws prohibited him from naming any of the people he transported.

Reed said northbound I-77 traffic was paralyzed when firefighters arrived.

Ohio Highway Patrol troopers at the scene between the Fulton Road NW and Belden Village Street NW exits said they had no information to release about the crashes, including who was involved, the sequence of events or the nature of the injuries. Patrol Sgt. Pam Gowen referred questions to the patrol’s post in Jackson Township. The post’s commander, Lt. Eric Sheppard, said the crashes occurred around 2:15 p.m. But he said he had no other information as of 4:20 p.m. At about 6:30 p.m., a patrol dispatcher said details about what happened were still not available.

Authorities closed one northbound lane of I-77 for more than 90 minutes, causing traffic to back up for several miles.

Source: CantonRep

Authorities say a woman in a Ford Taurus drove into the oncoming lanes of traffic and hit a semi truck.

Authorities say the woman was pronounced dead at the scene. The accident shut down the area for nearly three hours and drivers had to be rerouted to Scottsburg. The victim’s name has not been released.

Source: WHAS11

The accident backed up traffic for hours and is once again raising questions about why so much trucking traffic is in the narrow lanes.

Right now, a typical traffic slowdown on I-80 happens in that construction zone. This morning at the 700 East overpass, the road was blocked more than three hours.

The semi truck’s cab hung up on a Jersey barrier. Wedged in between the two was a car mangled by the high-speed crash. “For the seriousness of the crash, they got pretty lucky that the injuries were as minor as they were,” said Sgt. Anthony Carrubba, with the Utah Highway Patrol (UHP).

UHP says a Cadillac traveling east in front of the semi clipped a traffic barrier on the right. The semi tried to avoid the car and moved left, forcing another car into the left-side barrier. The semi then came back to the right and slammed the Cadillac against the barrier and almost over the edge.

The truck driver and the Cadillac driver went to the hospital with minor injuries. “It’s a very dangerous situation for the semis to use I-80. We’ve requested them to use 215 and go around the belt route. That hasn’t been as successful as we would hope,” Carrubba said.

Even after the crash, dozens of big rigs waited in traffic to roll on by. UDOT has the authority to ban semis from the construction zone, and even considered that when construction started, but for now has decided not too.

“Because of the data we have on record, we didn’t see the need for that. We just haven’t seen a big increase involving semis or any other vehicles that are different from any other road in the state,” said UDOT spokesman Adan Carrillo.

UDOT says many trucks do take I-215, otherwise traffic would be worse. State troopers would like to see all truckers comply. “It would be beneficial to all of us. It will only take them probably about 14 or 15 miles off of their route,” Carrubba said.

Carrillo said, “We’re halfway into the project. We have not seen an increase in accidents involving semis, so we don’t anticipate having to ban semis anytime soon.”

Source: KSL

Transportation spokeswoman Andrea Clifford says a tractor-trailer traveling north on I-65 Wednesday hydroplaned near the Watterson Expressway. Clifford says the truck crashed through a barrier wall into the southbound lanes, spilling fuel.

She says workers are cleaning up the spill so officials can reopen southbound lanes.

Source: WZTV

A pickup truck driven by Phillip Longenecker, 36 of Columbus was eastbound on Road 400S and turning north onto U.S. 31 at 7:42 p.m. Wednesday when it was struck by a van driven by Charles D. Bade, 59, of Franklin, according to the Bartholomew County Sheriff’s Department.

Bade and Longenecker were both injured and transported to Schneck Memorial Hospital. Two passengers in the Longenecker truck were also injured.

Ashley Longenecker, 9, was taken by PHI helicopter to Riley Hospital in Indianapolis with a head injury. Justin Longenecker, 5, was transported to Schneck Memorial with a lower leg injury.

Conditions of the injured are not available.

Deputy Hannah Lawburgh, who is investigating the crash, said the occupants of the Longenecker vehicle did not appear to have been wearing seat belts.

A witness at the scene reported that the Longenecker vehicle turned into the path of the northbound Bade vehicle.

Shortly before 2 p.m., rescue crews were called to the intersection of Second Avenue and Broadway, said Terry Wise, Baraboo District Ambulance Service chief. An elderly woman had been hit while crossing the street, and ambulance personnel suspect she suffered head injuries, he said.

A Baraboo ambulance took her to St. Clare Hospital’s emergency room, Wise said.

The large Ford F250 pickup truck sat in the intersection while Baraboo firefighters directed traffic. Police officers interviewed the driver and witnesses, and other firefighters cleaned up remnants of the accident.

The truck driver refused to give his name, but said he was traveling west on Second Avenue and was turning south on Broadway for a trip to Wal-Mart. As he moved through the intersection he was distracted by a vehicle that was signaling for a turn and he said he didn’t see the pedestrian.

“She was in the crosswalk here,” said the distraught man. “All I could see was her head.”

Source: WISCNews

The semi, hauling lumber, approached a stopped car preparing to make a left turn.

The driver of the semi swerved, attempting to miss the vehicle. He flipped the semi and pushed the car into an oncoming vehicle.

The drivers of both vehicles were taken to OSF St. Francis Hospital in Escanaba with minor injuries.

The driver of the semi-truck was not hurt.

Source: WLUC

Amy Elbin of Barnes Road was driving a Chevrolet pickup truck northbound when she failed to negotiate a curve and traveled into the southbound lane, Pennsylvania State Police at McConnellsburg said.

Elbin’s truck struck a Nissan Maxima being driven by Aaron Elbin, 23, of Silver Mills Road, police said.

After impact, the pickup rolled onto its roof and Amy Elbin became partially ejected out the driver’s side window. The pickup then slid before coming to rest partially off the road facing south, according to police.

The Nissan came to rest near the point of impact facing south.

Amy Elbin was pronounced dead at the scene by the Fulton County deputy coroner following the 8:55 p.m. accident, police said.

Aaron Elbin was flown by Maryland State Police Medevac helicopter to Washington County Hospital Center in Hagerstown.

He was later transferred to the University of Maryland Shock Trauma Center in Baltimore.

Orleans Volunteer Fire Company and Flintstone and Hancock fire and rescue volunteers also responded to the mishap, which occurred approximately three-tenths of a mile north of the county line.

Trooper George Carper of the McConnellsburg detachment investigated. Police said the accident victims were related, but were not immediate family.

Source: Cumberland Times

The accident happened on W. 4th Street at W. St. Louis Avenue around 11:30 p.m. Wednesday. The truck driver was trying to cross the tracks when he got stuck in gravel.

Repaving work is underway in the place where he was stuck. So far, police have not released the name of the driver killed.

Source: My Fox

The driver, 52-year-old Delbert Majors, will face charges, although Green said the extent is still not known. Fault has not yet been determined in the accident, which happened just before 10 a.m. on the Lloyd Expressway near Rosenberger Avenue.

“It’s going to depend on the final outcome of the accident investigation,” Green said. “If he’s not at fault, it will be just like a DUI. If he’s at fault, it will be driving under the influence resulting in death … He’s going to be charged no matter what.”

There was no indication on how intoxicated Majors was, Green said.

“But any amount is illegal,” he said.

Evansville resident Raymond Ferrari, 56, was killed in the wreck.

Iowa State Patrol troopers tell Channel 6 News the accident happened just before 10 p.m. The driver lost control of a pickup while heading northbound on Interstate 29.

The truck crossed the median and rolled, coming to rest in the southbound lanes when it burst into flames.

Twenty-three-year-old Omar Alvarado-Angulo was taken by helicopter to the Nebraska Medical Center.

Source: WOWT

The Minnehaha County Sheriff’s Department said Harlan Schulte, 49, of Pipestone, Minn., died at the scene.

His grain truck collided Wednesday morning with a pickup truck driven by a 17-year-old male from rural Brandon.

The Sheriff’s Department said the teen told investigators he did not see a stop sign because of dense fog and failed to stop at the intersection.

Source: Star Tribune