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Harber v. State | 594 S.W.3d 438 (2019)
Negligence is most commonly discussed in the tort context. In such civil suits, a person faces damages liability. In Harber versus State, we explore negligence in the criminal context, looking at when negligence exposes a person to penal sanctions.
While Christopher Harber was driving a mobile-home hauler on a busy Texas interstate , he veered onto the right shoulder and struck tow-truck driver Travis Danner. Danner died at the scene, and the state charged Harber with manslaughter.
At trial, there was conflicting evidence. According to Harber, he was driving in the right lane when he saw the tow truck. He then looked left to see if he could change lanes. While looking left, he veered onto the right shoulder, hitting Danner. A defense expert supported Harber’s version of events and stated that Harber was traveling no more than forty-five miles an hour, matching other traffic.
The state’s experts testified that Harber was traveling at least sixty-seven miles per hour, violating a state law requiring drivers to drop their speed by twenty miles per hour when passing a vehicle on the shoulder. The expert also emphasized the lack of skid marks, suggesting that Harber didn’t brake. Additionally, despite Harber’s claims that he was an experienced commercial driver, it was unclear whether Harber had a commercial license. And even if he did, the state had previously suspended his licenses to operate any vehicles.
The state didn’t present any evidence that Harber was driving erratically or unsafely or show when Harber should’ve seen the tow truck or how long it would’ve taken him to reduce his speed.
The trial court jury acquitted Harber of manslaughter but found him guilty of the lesser included offense of criminally negligent homicide. Harber appealed to the Texas Court of Appeals.
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