Cyclists Sues Log Truck Driver After Being Struck In the Head By Log

Cab Guard Liability

According to the Southwest Texas Record, a cyclist that was struck in the head by a log being transported by a logging truck is now suing the truck driver and the company, claiming that the driver and company are at fault for “not properly trimming the logs.”

The incident occurred on October 4, 2012, when Phillip Christopher Haltom and his wife were cycling on FM 249 in Cass County, Texas near Bloomberg.  A truck hauling logs attempted to pass the cyclists.  That’s when one of the logs hit Haltom in the back of the head, causing him to crash his bike.

Haltom is suing the driver David Paul Weaver and Murphy Bros. Trucking and Construction for negligence for failing to properly trim and haul the load of logs and for failing to ensure none of the load was outside of the trailer.  In addition, Haltom claims the truck driver failed to share the road with cyclists, failed to yield the right of way, failed to control his speed and operated the truck in an unsafe manner.

Haltom is suing for medical expenses, pain and suffering, physical impairment and disability, mental anguish, lost earnings and other expenses including court costs.

The plaintiff is seeking an award of damages for medical expenses, pain and suffering, physical impairment, physical disability, mental anguish, lost earnings, loss of earning capacity, interest and court costs.