The fatal motorcycle accident last week that claimed the lives of 4 innocent victims and others who were injured is becoming more tragic as the investigation proceeds. According to reports the driver, Michael Jakscht, of the dump truck had methamphetamine’s in his system at the time of the motorcycle crash.
Driver of deadly motorcycle accidend found to have drugs in his system on day of crash
At first, police thought it was an accident from the driver shuffling papers and not paying attention, but now news reports are indicating that the driver had illegal substance in his system at the time of the motorcycle crash. Further, it is reported that the driver had received two speeding tickets a couple of days before the motorcycle crash and his driving record indicates that he has had five tickets in the passed, some for carrying too much weight in the truck.
Thoughts and prayers go out to the families of this fatal motorcycle crash
My thoughts and prayers again go out to these families. This is certainly a tragic accident. Some motorcycle accidents are just accidents. When reports were that he was shuffling papers I thought that is very careless driving behavior but in some respects in it an accident – still deserving of punishment but something a lot of drivers do is get distracted and do not pay attention.
Justice must be served
Given the current reports and if they are true, I think this driver deserves to be convicted of every count that he is charged with for killing these Arizona motorcycle riders. Of course, we are all innocent until proven guilty, but if these reports are true this man was driving while under the influence of illegal substance and has ruined the lives of many families, which extends to probably hundreds of people when you consider the spouses, parents, children, siblings, friends, and even grandchildren.
Innocent lives have been destroyed
In reading some of the obituaries, it reminded me again how fragile life is. This man has destroyed lives of beautiful families and justice must be served. We can never bring back these motorcycle riders, but these families need to make sure that they have lawyers on their side fighting for them and that this driver is punished for what has been done.
Punitive Damages
In reading that the driver received citations for carrying too much weight, it makes me think that the company might have some liability as well regarding why the truck caught on fire. I will admit this is all assumptions and speculation based on all of the prior cases we have handled, but I wonder if there was too much material on the truck and that is why the truck caught on fire. This needs to be looked into right away.
Legal experts must be retained immediately
An expert regarding trucks, weights, and accidents, needs to look at the biomechanics of this accident and truck to see if there is any liability on the company for carrying too much weight. There may be others responsible as well. This is not to say that the driver should not be held accountable, I just wonder if there are other factors out there that make others responsible as well.
Spoilation of evidence
The first thing that needs to be done is that this truck needs to be kept in a place where the evidence is no spoiled. The truck needs to be examined and put in a place – storage area – where experts can look at it and investigate further as to why this truck caught on fire and if anyone else is responsible for taking the lives of these innocent individuals.
A letter needs to go out immediately to the company owners and the insurance company for the spoliation truck letting them know that if the truck is tampered with the parties will look to the spoliation law in Arizona, which basically says when you are put on notice not to tamper with evidence, if you do tamper with that evidence the Court can instruct the jury to look at the tampering of evidence in a negative light.
Arizona case law for those lawyers who are looking for authority on spoliation of evidence
There are a long line of Arizona cases that indicate the Court should instruct a jury that it can draw a negative inference against the party who fails to preserve evidence. For those injury and wrongful death lawyers that may follow this blog for legal tips, if anyone wants to check our an Arizona case on point it is State v. Willits, 96 Ariz. 184, 393 P.2d 274 (1964). Other legal cases that can be reviewed for destruction of evidence include Souza v. Fred Carries Contracts, Inc., 191 Ariz. 247, 955 P.2d 3 (App. 1997), Nat'l Ass'n of Radiation Survivors, 115 F.R.D. at 557 (citing Cecil Corley Motor Co. v. General Motors Corp., 380 F.Supp. 819, 859 (M.D. Tenn. 1974)) and Alexander v. Nat'l Farmers Org., 687 F.2d 1173, 1205-06 (8th Cir. 1982), cert. denied, 461 U.S. 937, 938, 103 S.Ct. 2108, 2110, 77 L.Ed.2d 313, 314 (1983).
Expert Arizona injury and wrongful death lawyer
Of course, I am biased since all we do is practice injury and wrongful death law in Arizona, but especially in this fatal motorcycle accident, it is imperative that these families hire the best motorcycle accident lawyer that they can find. If you have questions about this article or accident, call our office and we can review with you how the law affects this case.
Expert Arizona Injury and Wrongful Death Lawyer on Arizona Motorcycle Accidents
Mark Breyer is a certified specialist in injury and wrongful death law in Arizona, which only 2% of all lawyers in Arizona have achieved as awarded by the State Bar of Arizona. He has been names Top 100 Lawyers in Arizona by ATLA and has achieved top legal ranking for legal ability and legal ethics from Martindale-Hubbell, a renowned legal source for over 100 years known throughout the United States. We offer a no fee guarantee and can assure all clients that we represent you will get the representation that you would expect from a top Arizona injury and wrongful death law team with the communication you would expect from a husband and wife law team. We are a top notch legal team and Mark has achieved his awards from getting the results and justice that our clients deserve.
Society should never forget the innocent victims of fatal accidents
Most importantly our thoughts are with these families. It is clear that this was a special team of motorcycle riders and that justice needs to be served. All of these riders are very special and as a society we all have to work together to make sure that innocent victims of fatal crashes like these are not forgotten and that society understands the dangers of driving while distracted and that those who are driving while under the influence of alcohol or drugs will be punished by the full extent of the law. There is no tolerance whatsoever for this type of chosen driving behavior which kills innocent victims.