Can a Truck Driver's Death by a Rock Thrown Through His Windshield Be Considered Motor Vehicle Accident ?

In Department of Transportation, Bureau of Driver Licensing v. Benner, 151 Pa. Commw. 131, 616 A.2d 181 (Pa. Cmwlth. 1992), the judgment resulted from the death of a truck driver which occurred when striking teamsters threw an eighteen pound rock through his windshield. In that case, we found that the judgment did not "arise from a motor vehicle accident" under section 1771(a) of the Motor Vehicle Financial Responsibility Law (MVFRL) because "the actions of those against whom the judgment was rendered were intentional and did not involve the use of an automobile owned or operated by Benner." Benner, 616 A.2d at 184.