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Accused truck driver found guilty of criminal negligence causing death after high-speed rear-end collision.
The accused, a professional truck driver, was charged with four counts of criminal negligence causing death and three counts of criminal negligence causing bodily harm following a multi-vehicle collision on Highway 401.
The accused's tractor-trailer, travelling at 100 km/h on cruise control, failed to slow down for a line of stop-and-go traffic, striking a car and causing a chain reaction.
The court found that the accused was distracted, likely reaching down for an extended period, and failed to perceive or react to the obvious hazard ahead.
The court concluded that the accused's conduct was a marked and substantial departure from the standard of a reasonably prudent driver, demonstrating a wanton and reckless disregard for the lives and safety of others.
The accused was found guilty on all counts.
Snow-covered hot spot rendered municipality primarily liable for catastrophic collision damages.
Following a new trial ordered after settlement with some defendants, the court considered municipal highway non-repair liability arising from a winter collision on a snow-covered S-curve involving a passenger vehicle and a propane truck.
Applying s. 44 of the Municipal Act, 2001, the court held the roadway at Rankins Corner was in a state of non-repair and that the municipality failed to take reasonable steps to address a known winter maintenance hot spot.
The court also found negligence in the truck driver’s operation and contributory negligence by the injured driver, apportioning fault 60% to the municipal defendants, 30% to the truck defendants, and 10% to the injured driver.
Damages were assessed at $300,000 general damages, $130,000 under the Family Law Act, $408,886 in future care excluding attendant care, $2,000,000 in future attendant care, $300,000 past income loss subject to IRB credit, and $1,260,000 future income loss.
