But for the u-turn, this incident would not have happened. What training did truck driver have regarding u-turns: company, CDL, etc. How prominent was u-turn in document signed – single document with this single issue or multiple pages with many such issues? Did truck driver note oncoming vehicle but misjudged speed? What was traffic: was she the only oncoming vehicle and should have waited? Why did he make the U-turn?
If passenger can be believed, technically driver’s DUI status would not have made a difference. Was passenger attentive to the roadway as he would have been had he been driving? Why wasn’t he driving? If there is no good reason, this will have an effect on the jury: driver had choices and made a poor choice (interpreted as her own fault). Being underage with a fake ID and DUI will be a hard issue to overcome. At best it will seriously affect amount of compensation, may even result in a defense verdict, even though truck driver definitely is at fault.
Angle or not, trailer’s are hard to perceive, particularly with minimal lighting – retro reflective markings. I’ve had cases where the trailer is perpendicular to the traffic lane wherein the driver, not DUI, has impacted the trailer. It’s matter of being able to make sense of the lights/retroreflective reflections, particularly when they are not expected and the surroundings have been masked by darkness.
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