New documents reveal that the truck driver accused of the April death of 15-year old Donald Waldemayer was on a deadly combination of prescription drugs. This is news the family's attorney, Davis Smith, expected to get all along.
"When I first started investigating, I knew drugs were involved," Smith said.
The J-Mar Express Trucking employee was taking Hydrocodone and Meprobamate, a type of tranquilizer, when the accident occurred.
"This woman was on drugs and she was operating a motor vehicle and she killed somebody," Smith said.
As of now, Smith doesn't know if the driver was taking the drugs legally or not. Either way, it was a dangerous combination to take behind the wheel.
"Eventually, she was going to kill somebody, but unfortunately is was my client's son. It could have been me, you or anybody else," Smith said.
That's why Smith says he's determined to hold J-Mar Express responsible for their driver's actions. he hopes to prevent tragedies like this from happening again.
"We want J-Mar trucking and other trucking companies to look at who they're hiring. And the reason this is so important is that truckers aren't operating Volkswagen Beatles, they're operating 18 wheelers," Smith said.
According to the U.S. Department of Transportation, J-Mar Express has a high percentage of both unsafe and fatigued driving.
"They've got too many drivers on the road not to take a close look at who they're hiring and they're responsible for them," Smith said.
Smith says it's clear by looking at the accident reports that Waldemayer never stood a chance.
"She didn't just change lanes, she completely took my client off the road and went into the ditch and totaled the 18-wheeler," Smith said.
The 15-year old was driving his motorcycle on 1-40 in Gray County when the 18-wheeler crossed three lines of traffic, pushing him into the median and causing him to strike the cable barrier. Waldemayer was pronounced dead at the scene. His father was also riding at the time and watched the accident from just 100 meters away.
Davis added that the Gray County District Attorney is considering charging the truck driver with Intoxicated Manslaughter. If convicted, she could serve up to 20 years.
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