An appellate panel from the 2nd District Court of Appeal overturned a ruling by a Los Angeles Superior Court judge regarding second degree murder charges in a 2009 big rig to car accident on Tuesday, the Los Angeles Times reports.
Marcos Barbosa Costa, 44, of Everett, Massachusetts, drove a big rig on the Angeles Crest Highway into La Cañada Flintridge on April 1, 2009 despite the fact that his brakes were not working properly. Costa passed two truck turnouts, where he could have safely stopped his truck, before his brakes eventually gave out and his truck struck a compact car, instantly killing its driver and passenger.
Los Angeles Superior Court Judge Lisa Lench dismissed second-degree murder counts against Costa in October, however the prosecution appealed her ruling and the three justice appellate panel found there was sufficient evidence that Costa was aware of the condition of his brakes and continued to operate his vehicle despite the risk it presented to himself and others.
This tragic car accident could have been prevented. Each day, there are hundreds of car accidents in Los Angeles that could be averted by taking basic safety precautions. When someone else’s negligence or lack of precaution causes you to be the victim in a car accident, contact experienced personal injury attorneys to learn more about your legal options and how we will fight for you to recover compensation for medical bills, lost earnings, and future care and treatment.