Bowling on Wheels

Some days it just doesn't pay to get out of bed.   A Pennsylvania man had a coughing fit while at work today and when he finished, he had destroyed 23 cars.   

While driving his milk truck earlier today, the man choked on his soft drink.  While his attention was consumed by his choking fit, he wasn't paying attention to where he was on the the road and he accidentally plowed down 23 cars at a new car dealership.  

The Associated Press reports that the police inspected the milk truck for mechanical malfunctions and none were found.  Allegedly, the truck rolled down an embankment off the highway and onto the dealership lot, but the driver never applied his brakes throughout this incident.  The truck driver was charged with careless driving in Pennsylvania. 

In California, this would likely be charged as reckless driving in violation of  Vehicle Code section 23103, subdivision (a), which provides, “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” (Veh. Code, § 23103, subd. (a).)  

The penalty for reckless driving, if convicted, is imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.”  (Veh. Code, §23103, subd. (c ).)  Additionally, the court can order restitution to the victim, which means if this traffic accident occurred in California, a court could order the truck driver to  reimburse the dealership for its damages. But, if this truck driver was an employee, his employer  might pay direct victim restitution under a respondent superior theory of liability.  

For more information, see The (Sharon) Herald (http://bit.ly/1XG02em ) 

copyright © 2015 Christine Esser

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