The defendant, a commercial truck driver, was found guilty of dangerous operation of a conveyance causing death and bodily harm after failing to stop at a controlled intersection, resulting in the death of a 4-year-old child and serious injury to her mother.
The court found that the defendant's decision to maintain a high speed despite darkness, fog, fatigue, and distraction, and his failure to brake, constituted a marked departure from the standard of care expected of a reasonably prudent commercial driver.
