The driver of a semi truck got lots of attention on the morning of March 18th, 2013 when he drove for about 10 miles in the wrong direction on an interstate. Police dispatchers were first alerted to the wayward semi a little after four in the morning, when motorists began calling in handfuls to report the truck, which many reported forced them to swerve in order to avoid a collision.
Amazingly, no serious injuries were reported, which is good news for the driver in this incident, who faces serious legal trouble. At some points, the driver traveled at speeds upwards of 85 miles per hour, and when police attempted to pull the driver over, he didn’t actually come to a stop until he crashed into an oncoming car. Alcohol appears to have played a factor in the incident, as the driver was arrested on charges of driving under the influence, as well as reckless driving and criminal mischief. The incident happened on I-84 in Portland, OR.
A Legal Mess
When the driver of a commercial vehicle is found to have been reckless or negligent in the operation of that vehicle, the driver will generally be required to pay compensation to the victims of injuries and property damage. The driver not only faces serious legal charges in civil court, so too can the driver’s employing agency face civil charges under the idea that an employer is generally liable for the actions of an employee. This may not always be the case, as exceptions are allowed in certain instances involving contractors. Whether or not an employer can be held responsible for the actions of an employee is a fact specific question that will depend heavily on the facts of the case at hand.
The civil charges which a reckless semi truck driver faces are on top of and in addition to the criminal charges, which means that somebody accused of both criminal and civil violations of law faces a long legal battle and several hours in court.
Civil and Criminal Charges Explained
Criminal and civil charges are independent of each other. A person is said to be found either guilty or not guilty of criminal charges, and liable or not liable for civil. Anyone facing criminal charges faces a loss of freedom, while anyone facing civil charges faces financial loss. The criminal system exists to find justice on behalf of society as a whole, while the civil system allows citizens to seek their own justice while deterring private retribution and retaliation.
Showing Recklessness
Showing that the driver of a semi truck was reckless in his or her operation of that truck is an important factor in succeeding with a civil claim of recklessness. Recklessness is generally considered a more severe form of negligence in that recklessness requires a greater wanton disregard for the safety of others.
Despite the fact that it might be seemingly easy to pinpoint moments of recklessness that would justify awarding damages to a victim in a civil lawsuit, crafting a legal argument against the accused is a delicate process that must be handled with care and, preferably, by an experienced personal injury attorney.
