Not quite Becky. If he was not in the proper gear for the down grade he would burn out his brakes, the weight of the load he was carrying is a factor too. Inexperience here does equal negligence.
I know what has been said and the conviction.
I have a higher standard about competence in road safety.
I worked for a Professional Highway Civil Engineer who never would have stood for a highway in that condition in the state I lived in for 40 years, where road safety is paramount due to freezing conditions, snow, and ice to the tune of -40F many years, not counting the chill factor that comes from high winds, blinding ground blizzards, and guard rails designed by a moron who didn't realize that protruding guard rails kill more people than you would care to know about.
An unsafe highway should have been front and center in this case. This accident could have been prevented if the state had not been negligent in road design.
Nobody wins in this case, but I bet there's a hell of a lot of hiding behind closed doors where competent planners should have been thinking about how sad a family would be when their loved ones died on a road that was an open invitation to just such an accident.
My gavel slams on the incompetent head of the highway department in the state of California for not doing his job, as the progenitor of this accident.
<thwhack!!!>