Posted On: July 6, 2009, 8:31 am CDT

Posted By: Former Status Quo

Wudchuck, do you even know where Avon Mountain is or the grade of it? Whether or not he checked the brakes by looking or tapped them to see if they worked, the conditions of the Mountain create a different scenario. Brakes that work fine on a flat road will be impacted on that mountain, especially when you factor in the weight of the truck, the length of the downslop, and the 8-10% grade.

I'm from Avon and was thankful to have already been at work that day. It was a horrible accident, but less than 2 years later another truck lost control going down the Mountain.

I am not defending the Wilcox's on this matter, the failure to complete the work is morally wrong; however, to blame the driver for not checking the brakes is even worse - the employer owes a duty of care to the driver and clearly they didn't provide it.