A truck driver in Fall River allegedly started his early morning shift by putting fuel in his tri-axle dump truck.
To access the fuel tank, the driver needed to lift the rear-load dump body 15 feet in the air.
Officials claim that the driver forgot to lower the dump body before hitting the road.
At about 3 a.m. the driver allegedly travelled down Brayton Avenue and crashed his truck into the Route 24 overpass.
Police charged him with negligent operation of a motor vehicle.
His attorney filed a motion to dismiss the case for lack of probable cause.
A district court judge allowed the motion and dismissed the charge.
The Commonwealth appealed.
Today the Appeals Court issued a slip opinion reversing the judge’s decision.
According to the Appeals Court,
The information in the complaint application supports a finding that a person of ordinary caution and prudence would have lowered the truck’s dump body after fueling it, and that driving the truck with the dump body raised on a road that went under highway overpasses 6 was in itself negligent.
The full text of the slip opinion is attached below.