Driver Charged With Manslaughter. . . Good Move or Not?

Is charging a driver with manslaughter the right thing to do? Should it be the only legal response?
Recent news sources from California report that the driver of a runaway truck was charged for vehicular manslaughter charges.

Is this an appropriate way to deal with the tragic death that resulted from the accident?

It appears that authorities had prior notice that the highway in question, between Angeles Forest Highway and the Foothill Freeway, was dangerous. There were other accidents and citizens, according to the news sources, had made repeated complaints about the roadway. After the accident authorities have temporarily banned trucks from the portion of that highway leading into La Canada Flintridge and some speculate this change will soon become permanent.

It also appears the brakes of the truck completely failed, sending it careening down the road and into a dangerous intersection eventually slamming into a bookstore.

A dangerous road? Failed brakes?

One must wonder of the truck was properly maintained. Had the brakes been part of a regular maintenance program? Was the driver properly trained in spotting the warning signs of a failing brake system? Did he know how to operate a big rig in "steep mountain" conditions? Was he qualified to be driving that truck under those circumstances and who was responsible for putting him behind the wheel?

At Wilkes & McHugh, P.A. we recently had a trucking accident case where a driver with a very poor driving record was hired without so much as a call to his prior employers. In one particular case, the driver had a history of reckless acts while driving. He had several moving violations and lied about his history of tickets. After being "encouraged" to drive while exhausted, he slammed into the back of another vehicle, killing the occupants.

Was he at fault? Yes.

But he was not charged with vehicular manslaughter. Maybe he should have been...or maybe those who rushed him into service and pushed him to drive passed his limits should also have been charged.

The down side of these types of charges against the driver is that sometimes they can mask other culprits behind these accidents. Sometimes, and of course we don't know all the circumstances behind the La Canada case, but sometimes it is the decisions made at the corporate office that lead to serious personal injury or death.

What if, in order to save money, trucks were not given regular safety inspections? What if drivers were told they had to "make time" or their jobs would be in jeopardy?

These are the questions that law enforcement and everyone affected by these truck accidents should be asking.

We hope they are...