Mace Canute
Elite Member
I'm thinking the same. Don't understand why the driver wasn't charged with not having his load secured. I can see how it can happen, but I also think with a reasonable level of care, and observation as noted by FlyerDan, it wouldn't.
A safety or backup strap for highway towing would be prudent I'd think. With the way the DOT picks over heavy equipment tie downs, you'd think they would want that mower arm strapped too.
From the site sixdogs posted:I believe the rule to have a separate tie down for "attachments" doesn't come into play until 10000 lbs or something, but calling it a freak accident is not really accurate. It's not like the driver is just on his merry way, his auto insurance will pay out to the fullest and he will probably get sued for damages above the coverage he has. May even get sued anyway.
and"The driver used the factory-installed device, which is made to secure the blade, Fitch said, but the device that holds the blade up failed. The driver couldn't be charged with failing to secure his load because he took reasonable steps to ensure that the tractor was safely secured on the trailer.
It sure doesn't sound like the truck driver can be faulted if the factory installed storage device failed and his slow speed pass works in his favour of being a cautious safety oriented driver. John Deere OTOH is likely to find themselves named as defendants in a lawsuit though.Godfried's injuries could have been far more severe had the driver not taken a wide berth and slowed down when passing the bicyclist, according to Fitch.
Police believe the truck was traveling around 35 mph in a 55-mph zone when the 8-foot blade hit Godfried's leg.