The family of Pennsylvania State Trooper Michael Pahira Jr. has filed a federal wrongful death lawsuit against the truck driver charged in his death, the trucking company involved, and a freight broker, alleging a series of safety failures contributed to the fatal July crash along Interstate 81 in Schuylkill County.
Morgan & Morgan announced Wednesday that Patricia Pahira, individually and as administrator of the Estate of Michael Pahira Jr., filed the lawsuit against Michael Bon, Augustin Freight Services LLC, and SNK Logistics LLC.
The complaint was filed September 2 in the U.S. District Court for the Middle District of Pennsylvania. Court documents show the lawsuit seeks damages in excess of $150,000 and demands a jury trial.
The civil lawsuit contains numerous allegations against Bon, Augustin Freight Services and SNK Logistics. Those allegations have not been proven in court.
Lawsuit Details Fatal July 1 Crash
Pahira, 44, was killed on the morning of July 1 while conducting a commercial motor vehicle inspection along Interstate 81 South in Butler Township.
According to the newly filed complaint, Pahira was conducting the inspection at approximately 7:01 a.m. His Pennsylvania State Police F-350 was parked behind the commercial vehicle being inspected, with both vehicles fully off the roadway and the emergency lights on the State Police vehicle activated.
The inspection had been underway for approximately 40 minutes before the crash.
Bon was traveling south in the right lane of I-81 in a 2019 Freightliner tractor-trailer operated by Augustin Freight Services and carrying a load brokered by SNK Logistics, according to the complaint.
The lawsuit alleges sworn testimony established that Pahira's emergency lights would have been visible from approximately 1.1 to 1.2 miles away and would have been visible to Bon for at least 49 seconds.
According to the complaint, Bon's tractor-trailer left its lane, crossed the fog line and struck the side mirror of Pahira's police vehicle before crashing into the rear of the commercial vehicle Pahira had been inspecting.
The lawsuit alleges the tractor-trailer then struck Pahira and dragged him before coming to a stop. The impact caused the Freightliner's cab to catch fire.
The complaint describes the efforts of witnesses who rushed to Pahira's aid as he remained trapped beneath the burning tractor-trailer.
One witness from a nearby construction site attempted to pull Pahira free as explosions occurred around the truck. Following a second explosion, the witness was able to free Pahira and drag him to the shoulder of the interstate.
State Police personnel began chest compressions before EMS arrived and transported Pahira to the hospital, where he was pronounced dead.
Bon Recently Ordered to Stand Trial on Criminal Charges
The civil lawsuit was filed approximately one week after Bon appeared for a preliminary hearing on the criminal charges stemming from the crash.
During an August 26 hearing before Magisterial District Judge Edward Tarantelli, prosecutors presented testimony from six witnesses as they laid out their case against Bon.
Among the evidence presented was testimony concerning the moments leading up to the crash and the efforts by witnesses to rescue Pahira from beneath the burning tractor-trailer.
Collision reconstruction testimony presented during the hearing indicated Bon's tractor-trailer traveled outside the right lane before the crash and that Pahira's emergency vehicle would have been visible to Bon for an extended period as he approached the inspection site.
Bon's defense also raised the possibility that he suffered a seizure immediately before the crash.
During the hearing, Bon's attorney argued that his client had a history of seizures in Haiti and that a sudden medical episode could explain why the tractor-trailer left its lane.
Evidence concerning THC in Bon's system was also discussed during the hearing. Testimony indicated Bon's blood contained 1.7 nanograms per milliliter of THC following the crash. Bon has not been charged with DUI, and testimony during the preliminary hearing did not establish that he was impaired at the time of the collision.
Following the nearly two-hour hearing, Tarantelli ruled that prosecutors had presented sufficient evidence for the criminal case to proceed to the Schuylkill County Court of Common Pleas.
Bon faces charges that include homicide by vehicle, aggravated assault by vehicle, involuntary manslaughter, recklessly endangering another person and related traffic offenses. He remains incarcerated in Schuylkill County Prison in lieu of $700,000 bail. A trial date has not yet been scheduled.
Civil Lawsuit Raises Questions About Bon's Medical History
The newly filed civil lawsuit goes further regarding Bon's alleged medical history and qualifications to operate a commercial vehicle.
The complaint acknowledges the seizure explanation raised by Bon's criminal defense attorney and alleges Bon had previously been asked about seizures as part of the medical qualification process required for commercial drivers.
According to the lawsuit, the Medical Examination Report Form asks drivers, "Do you have or have you ever had seizures / epilepsy."
The complaint alleges Bon checked "no."
The lawsuit also alleges that a blood test following the crash showed THC in Bon's system.
Morgan & Morgan alleges Bon failed to disclose a disqualifying medical condition and accuses him of consciously choosing to operate a commercial motor vehicle despite that condition. Those are allegations made by the plaintiffs in the civil case and have not been established as fact by a court.
Lawsuit Alleges Safety Problems at Trucking Company
The lawsuit also targets Augustin Freight Services and SNK Logistics, alleging the companies failed in their responsibilities involving driver and carrier safety.
According to the complaint, Augustin Freight Services had only four drivers and had accumulated what the lawsuit describes as a troubling safety history during the two years preceding the crash.
The complaint alleges AFS had a vehicle out-of-service rate of 40%, which the plaintiffs say was nearly twice the national average.
The lawsuit also alleges the carrier accumulated 82 unsafe-driving violation points in just over a year for violations that included failure to use a seat belt, failure to obey a traffic control device, speeding 15 mph or more over the limit, speeding between 6 and 10 mph over the limit, operating a commercial vehicle while using a cellular phone and a lane restriction violation.
The complaint additionally cites a log falsification violation and 144 maintenance violation points during a period of just over a year.
Freight Broker Accused of Failing to Vet Carrier
SNK Logistics, which the lawsuit identifies as the broker of the load Bon was transporting, is accused of failing to adequately investigate Augustin Freight Services before selecting the company.
The lawsuit alleges information concerning AFS's safety record was publicly available through the Federal Motor Carrier Safety Administration's Safety Management System.
According to the complaint, that system provides the public with registration, safety and compliance information for motor carriers and includes crash and safety violation information from the previous 24 months.
The Pahira family's attorneys allege SNK knew or should have known about AFS's safety record before hiring the carrier to transport the load.
The lawsuit further alleges Bon was fatigued at the time of the crash and that the defendants knew or should have known he lacked sufficient qualifications or training to operate the tractor-trailer.
Morgan & Morgan: Companies Must Enforce Safety Standards
In announcing the lawsuit, Morgan & Morgan founder John Morgan and attorney Clancy Boylan said Pahira's death illustrates what they described as larger safety problems within the commercial trucking industry.
“A family and community have lost a beloved son, uncle, and friend in Michael Pahira Jr., a valued public servant who dedicated his career to keeping roads safe for our families,” Morgan and Boylan said.
The attorneys said federal regulations require commercial carriers to comply with driver qualification standards but argued those requirements only protect motorists when companies enforce them.
The attorneys also specifically criticized SNK Logistics' alleged decision to use Augustin Freight Services despite what they contend was publicly available information about the carrier's safety history.
“When companies prioritize profits over people, those decisions can lead to fatal consequences,” Morgan and Boylan said.
Lawsuit Seeks Wrongful Death, Survival and Punitive Damages
The 23-page complaint contains six counts.
They include negligence and recklessness claims against Bon; claims seeking to hold Augustin Freight Services and SNK Logistics vicariously liable for Bon's actions; negligent or reckless hiring, supervision, retention and selection claims; wrongful death; and a survival action.
The lawsuit seeks damages in excess of $150,000, including punitive damages under several of the counts.
The wrongful death portion of the lawsuit identifies Pahira's surviving family as his parents, Michael and Patti Pahira; his sister, Jen Buggy, and her husband, Damian; and his nieces, Brielle and Brynn.
The complaint seeks compensation for losses that include funeral and burial expenses, estate administration costs, emotional loss, Pahira's alleged conscious pain and suffering before his death, and the loss of his comfort, care and companionship.
The survival claim also seeks damages on behalf of Pahira's estate for his injuries, pain and suffering, fear of impending death and loss of future earning capacity.
Pahira served with the Pennsylvania State Police as a Motor Carrier Enforcement Inspector, enforcing many of the commercial vehicle safety laws that are now at the center of his family's lawsuit.
The complaint describes an outpouring of support following his death from family, friends, fellow State Troopers and even commercial drivers he had inspected during his career.
The federal civil case and the criminal case against Bon remain pending.