Marijuana-using truck driver’s negligence ruled not the cause of a fatal truck accident
When it comes to liability in an auto accident cases, you hear a lot about negligence. Often, the negligent driving behavior is so clearly the cause of the accident that it seems redundant to also talk about causation. But the fact of the matter is, negligence and causation are not always equivalent. They are actually separate legal points that must both be considered in a car accident injury or wrongful death case. A recent appeals court ruling reminds us of this.
Marijuana-Using Truck Driver Found Not Liable for Wrongful Death
In Anthony Toste v CalPortland Construction, et al, The California Court of Appeal considered whether a clear violation of federal law, which constituted negligence, still left room for the jury to determine causation.
The case involved a very sad truck accident which took place during a road paving project. The driver of a rock hauling truck backed over the project’s general contractor, who suffered fatal injuries.
The truck driver was given a drug test and was discovered to have a high level of marijuana in his system. Though the truck driver stated that the marijuana had been used two days prior to treat a headache, and various witnesses agreed that the driver had shown no signs of impairment at the time of the accident, the contractor’s family alleged that he was responsible for the accident in a wrongful death lawsuit.
The basis of the family’s claims was that by driving with marijuana in his system, the truck driver was in clear violation of a federal motor carrier safety regulation. Therefore he was negligent. The trial court agreed, but ruled that this negligence was not a substantial factor in causing the accident. This ruling was supported by evidence presented by the defense at trial, which showed that the contractor was standing in a blind spot and should have easily heard the truck’s backup alarm in time to move out of harm’s way.
The family appealed the ruling, arguing that because the jury had found the driver was negligent, causation must have also been found as a matter of law. In fact, the idea of liability without causation is an antiquated one. In the end it is not surprising that the Appeals Court affirmed the jury’s ability to determine causation based on the facts of the case.
Need Help with a Case?
If you need help with any kind of personal injury or wrongful death case, it is very important to choose an attorney who understands the legal statutes and the case law on the matter and will not fill you with false hope about your prospects. You will find this type of honest and informed counsel at The Law Offices of Fernando D. Vargas. Call us at 909-982-0707 to schedule a free consultation.
