Liability disputed after defendant tries to unsafely pass a semi, causing plaintiff to crash. $408K. Fresno County.

Facts and Background

• Facts and Background:

  Plaintiff was injured when his vehicle collided head-on with the rear axle of a semi tractor-trailer at 5 a.m., as the sun began to rise.

  Plaintiff was lawfully traveling on the single eastbound lane of Mountain View Avenue in Caruthers. Driving in the opposite direction on the single westbound lane of Mountain View Avenue in front of plaintiff (in order of proximity to plaintiff) was a semi-tractor trailer truck followed by a commercial box truck, which was followed by a Chevy Silverado pickup truck driven by defendant. Defendant attempted to pass the two commercial trucks and turned into the eastbound lane (traveling west) on Mountain View Avenue. To avoid a head-on collision with plaintiff, defendant swerved back into the westbound lane in between the semi and the white box truck. Meanwhile, plaintiff, faced with a sudden and unexpected emergency situation, applied his brakes and his vehicle moved to the left, where it collided with the rear axle of the trailer on the semi, directly ahead of defendant's truck. The white box truck then collided with defendant's pickup truck.

• Plaintiff's Contentions:

  That defendant driver was negligently and dangerously operating his vehicle in violation of California Vehicle Code, Section 21750 – unsafe overtaking and passing of another vehicle and was the sole cause of the collision.

  Also, that defendant was traveling in excess of the posted speed limit at the time he was overtaking the white box truck, which led to the collision. Finally, that defendant was not wearing his corrective lenses at the time of the collision, and suffered from near-sightedness, poor depth perception, and restricted vision at night.

• Defendant's Contentions:

  Throughout the case and at trial, defendant contended that the lane change did not cause any collision because defendant maneuvered back into his own lane prior to the impacts. Defendant argued for a complete defense verdict at trial, accepting no responsibility.