Hopkins County, KY — December 19, 2023, Hershel Cobb was fatally injured due to an 18-wheeler accident at around 4:00 a.m. at a travel stop off I-69.
Authorities said in preliminary statements that the incident happened at a Pilot Travel Center in Morton’s Gap.
According to the Hopkins County Sheriff’s Office, 53-year-old Hershel Cobb was the operator of a tractor-trailer that was at the travel center. Investigators say they were told that a neighboring truck driver was asked to move up to allow Cobb to connect his own truck and trailer.
That other driver told authorities he moved forward and stayed there for 15 minutes before then backing up. At some point during this process, it appears Cobb somehow became pinned between the two trailers. As a result, Cobb sustained fatal injuries.
Currently, there are no reported charges or citations, and the accident is still under investigation.
Commentary by Attorney Michael Grossman
Most people reading about this incident will likely fall into one of three camps. Some will blame the driver who pinned Mr. Cobb between the two trailers for what happened, others will blame Mr. Cobb for putting himself in a dangerous situation, while others will chalk the whole thing up as a tragic accident. At the risk of conforming to the stereotype of the attorney who has to complicate even the most “obvious” fact pattern, my gut tells me the circumstances surrounding this incident are more complicated than they appear at first glance.
Why do I believe this? For starters, incidents are always more complex when they occur on private property. It’s not a matter of just asking what did Driver A do and what did Driver B do. There’s a property owner who also has obligations to both Driver A and Driver B. Their behavior must be examined.
Then there’s the big unanswered question. I know from my experience litigating commercial vehicle accidents that regulations require commercial vehicles to have back-up alarms to prevent exactly this type of incident. There’s no mention of the state of the back-up alarms on the 18-wheeler involved in this crash. Were they working properly? Were they even installed? The answers to these questions could potentially implicate a manufacturer of a defective alarm or a trucking company that didn’t properly maintain its vehicle or comply with regulations. I realize that’s speculative, but until we have answers, it’s important to let the evidence dictate where our thinking goes and not rule out any possibility prematurely.
There are two reasons to take this approach. First, jumping to conclusions invariably leads to bad outcomes for everyone involved, from the truck driver to the victim’s family. A second, and more important reason to examine this incident from every possible angle is because it can both provide closure for the victim’s loved ones and possibly prevent another family from going through what they’re experiencing.
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