• February 16, 2017

Brad Barnes Killed in Manor Twp., PA, Turkey Hill Truck Accident

Manor Township, PA -- February 14, 2017, Brad Barnes was killed following an accident where he was hit by a truck in the Turkey Hill Dairy parking lot.

Officials from Lancaster County Police report that the incident occurred around 7:00 p.m. at the Turkey Hill Dairy facility located at 2601 River Road.

According to their preliminary reports, 51-year-old Barnes, an Oklahoma trucker, was walking through the parking lot of the Turkey Hill property. Authorities say that as he did so, he was struck by truck driven by a Turkey Hill employee.

As a result of the collision, Barnes suffered fatal injuries. He was later pronounced dead at Lancaster General Hospital.

At this time, exact details surrounding the accident are still unclear. OSHA and Lancaster officials continue their investigations.

Map of the Area

Commentary

Many people will see an accident like this and have one of two reactions. They'll figure that the family of the deceased will sue the bejesus out of the employer, or that workers' compensation benefits will provide for the surviving family. Neither one of these reactions is quite the way the law works.

First, in almost all situations the employer is shielded from work injury lawsuits by participating in the workers' compensation system. Secondly, while there are workers' comp death benefits, their paltry nature doesn't really "provide" for the loss of a breadwinner.

Based upon what is being reported, I would posit a third scenario. It is probably that Turkey Hill has some liability for this accident. The accident appears to have occurred on their property and seems to have been caused by their employee. That being said, there are still many questions that have to be answered before we can say for sure whether or not Turkey Hill bears responsibility for this accident. They include:

  • Was the truck that fatally struck Mr. Barnes a personal vehicle or a company-owned truck?
  • Was the employee driving the truck performing work duties at the time of the incident, or was he or she off the clock?
  • Is the loading zone clearly marked and properly overseen?
  • What previous safety accidents have occurred in this loading zone?
  • Has this particular dairy been cited for safety violations in the past?
  • Have the employees made an safety complaints at this location?

All of these are crucial questions that must be answered as soon as possible. Someone was killed on Turkey Hill Dairy's property, and it's imperative that the factors surrounding the accident are brought to light. Not only is this necessary for the grieving family of the victim, but it's important to fix any and all dangerous factors so no one else has to suffer a similar fate in the future.

--Grossman Law Offices

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