The defense argued that the
collision was caused by the driver's own
negligence in running into the truck, that the
traffic ticket given to the truck driver was not enough to create
negligence per se and that the truck driver was not negligent
in parking the truck there.
While some of these are just bad luck mishaps, numerous studies based on many years of crash data
in both the U.S. and elsewhere have concluded that 93 % of
traffic collisions are caused by driver error of some type including intoxication or
negligence.