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Old 09-02-2004, 10:00 PM
msheridan
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Misdemeanor vehicular manslaughter- seek help


What is the name of your state?CA

My husband was involved in a accident Sept 17, 2003. He was driving his work truck (big rig) loaded with material ( Double bottom hauler) through Napa county. A European toursit and her husband were in the vechile in front of him when they decided to slow down without breaking and pull to the right shoulder. As my husband decided to go around them, they decided to pull a left in front of him to make U turn since they wanted to go back to see a winery. The road in question is a 2 lane highway (1 lane of traffice in both directions) and was on a flat stretch of highway. As they began to make their turn, my husband used is airhorn and began pulling further into the uncoming lane to avoid hitting them. Unfortunately, the truck right fender hit the car and the truck ended up stopping on top of flipped over car. My husband was only going 33 MPH on a 45 MPH speed limit. The driver die a few hours after the accident and her husband lived. CHP investigation reccommended vechicular manslaughter w/o gross negligence 192 c 2 for unlawing trying to pass the vechile and following to close to stop.

It just seems odd that the NAPA DA would wait until the very last second to get this in with no contact for 11 months and now that they have reached the statue of limitaions they requesting an order of apperance in order not to lose the statue of limiations for this case.

Need legal help and advice with this case. No witnesses only CHP report is DA's findings. My husband and the drivers husband are only witnesses.
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Old 09-02-2004, 10:27 PM
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He needs an attorney real fast.

From what you describe, he did indeed attempt an unsafe passing maneuver. He will probably be found guilty - but only a lawyer will prevent him from getting even further hit then he already will be. And he will almost certainly lose his Commercial License.

I can only imagine that his insurance carrier is (or will) pay through the nose for this collision.

Carl
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