While attempting to pass a tractor-trailer rig on the left on a two lane road, Salvador Vincente Rios crashed his van into the driver’s side front section of the rig as he tried to merge right to avoid a head-on collision with a car approaching from the opposite direction. A passenger in the van who was injured in the crash sued Rios alleging he negligently drove the van. Rios filed a third-party complaint against the rig driver, Doland Norsworthy, the driver’s employer, Glenn Jackson Trucking Company, and the employer’s insurer, Redland Insurance Company. The third-party complaint alleged that the rig driver caused the crash because he negligently failed to slow down or move to the right during the pass attempt so that Rios could safely complete the pass and merge back into his lane. The trial court granted summary judgment to the third-party defendants, and Rios appeals. For the following reasons, we affirm. 1. It is undisputed that Rios illegally attempted to pass the tractor-trailer rig across a double yellow line, uphill, on a curve, and in the dark. The tractor-trailer rig driver, Norsworthy, testified that he was aware there was a vehicle behind him in his lane of traffic because it was dark and he saw the vehicle’s lights in his rearview mirror as he started on an uphill section of road which curved to the left and had a double yellow line prohibiting passing. Norsworthy said that, after checking his rearview mirror, he focused on the uphill curve ahead of him, and that he did not expect the vehicle behind him would attempt an illegal pass. He testified that he had just finished checking the rearview mirror and had returned his focus to the road ahead when he suddenly saw the van pull into and impact the driver’s side front of his rig. Prior to that time, he did not see the van pull out to pass and did not know the van was attempting to pass. Norsworthy testified that he immediately braked when he saw the van, but at that point there was nothing he could do to avoid the crash.
Rios admitted he was attempting an illegal pass across the double yellow line on the curve. He testified that, before he could complete the pass, he realized there was going to be a head-on collision with an oncoming car, and he swerved right into Norsworthy’s rig to avoid the car. Rios said he did not think Norsworthy saw him prior to his impact with the rig and that Norsworthy did nothing to avoid the collision. Rios plead guilty to traffic offenses of passing in a no passing zone and improper lane change.
