Ice falls off of semi-truck trailer; smashes car windshield; passenger injured - SSDD

Frozen World.jpgA few years ago I heard about this kind of an accident, but have no knowledge of such it occurring in Iowa; till now. In the December 31, 2010 Des Moines Register tells a story of it ice falling from the top of a semi-trailer on Interstate 80 and a female passenger being injured. This one occurred in Colfax, Iowa on Interstate 80, Jasper County. The people in the car are from Pekin, Illinois. Apparently a thick sheet of ice came off the truck’s trailer, slid down into the windshield of the oncoming car and struck Linda Mickley seated in the front passenger seat. She was taken to the Iowa Methodist Medical Center in Des Moines. There is no indication as to the exact details.

Take a look at the photograph of this guy’s windshield and his facial injuries from a previous incident. The story from Chicago-land is similar. Oh my! Here is a quote from the WGN Chicago Tribune news story.

No laws in Illinois require motorists to clean snow or ice off their trucks or cars. But Debbie Morano said trucking companies should enact new rules that require drivers to clean the tops of their trucks before hitting the roads.

From scanning the headlines after a search it's apparent there is some controversy surrounding the trucking industry and them dumping ice sheets onto unsuspecting motorists. Last year, then-New Jersey Gov. Jon Corzine signed a law that sets fines for vehicles with dangerous accumulations of snow. The law is believed to be the first of its kind in the nation.

There is a difference between saying there is nothing we can do, and there is no resolve to do something about any dangerous situation.

The hauling industry argues there is no technology for clearing off snow and ice from the top of a truck’s trailer. Really? I thought we landed on the moon? Perhaps not. I hate to be the bearer of bad news, or good news if you’re the motorist, but I think they call it a car wash that sprays hot water across the top to melt and dislodge the large ice sheets.

Do I understand this issue correctly, we can put a man on the moon but the trucking industry can't get ice off the top of a truck?

There are a few sites discussing this injury causing icy event:

  • Illinois woman hurt as ice hits windshield, Register Staff, December 31, 2010
  • Rick Shapiro has an article on this one injury causing danger for Interstate travel. Rick and I are familiar with each other. He’s a pretty good lawyer so if in his neck of the woods call him. Beware the Icy Dangers of a Tractor Trailer Rooftop, Richard Shapiro.
  • The Bradley Law Firm in Missouri has an article. Ice falling from tractor trailers can cause injury, Ryan Bradley, January 10, 2010.
  • Barry Doyle who was but is not longer with the InjuryBoard wrote an article on January 13, 2010. The link may or may not work. Barry is a good attorney as is Nick Averginos with Capron & Avrgerinos. If you visit them ask Dan Capron for his autograph since he’s a Big 10 Official for football games.
  • Doyle had several interesting sources for lawyers.
  • A recent American Transportation Research Institute (ATRI) study concludes that there is virtually no empirical data available on related injury, property damage, or the number of citations given by law enforcement because of falling ice. But this danger is more common than you might think.
  • The Chicago Daily Herald has reported on the problem and located three cases just like the one described above.
  • No laws in Illinois require motorists to clean snow or ice off their trucks or cars – not even for commercial truckers. And more than half of all truckers don’t clear ice and snow from the tops of their trailers.
  • The trucking industry agrees that accumulated snow and ice are a problem, but the lack of available and affordable removal devices leads many to shrug and call the problem “impossible.” But that may not be the case. Last year, then- New Jersey Gov. Jon Corzine signed a law that sets fines for vehicles with dangerous accumulations of snow. The law is believed to be the first of its kind in the nation.

As you can imagine these types of accidents are going to occur mostly up north; not in the warmer Sunbelt states; although Atlanta's this week might argue otherwise. So if you're on I-80 or I-35 and you're following right behind a semi-trailer, you're asking for trouble. Back off to a reasonable distance and watch for blowing snow and ice sheets.

The Interstates are a dangerous place and depending on the region of the country you live the dangers can be quite different. Which is why we cover these types of cases on our site. Lombardi Law Firm trucking accidents on the interstate highways all along i-35 are our focus along with I-80. On I-35 we coordinate with Brooks Schulke in Texas and other attorneys along i-80 and i-35 corridors. As for ice falling from trucks, at least in Iowa presently there are no clear legal duties although I think an argument can be made that a solution is at hand for this very foreseeable hazard that causes severe injuries to interstate highway motorists. It's called warm water. You truck owners would be amazed but warm water squirted on the top of a truck actually melts ice. Send me the Noble Peace prize.... and have a good day.

Comments (1)

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william antrim - March 27, 2011 9:42 PM

Man, are you an idiot! Go out and melt your driveway with hot water. Then, go out and melt all of your neighbors' driveways' with water too. Let me know how that goes for you. Any idea on how long it would take to melt off a trailer? Any idea how many trailers are out there? Any idea how many TRUCK WASHES are out there? People would still be waiting in March to wash off January's snow. Apparently you don't practice common sense there. Duh!

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