Apr 23, 2013 7:29 PM by Jessica Holley - email@example.com
CORPUS CHRISTI - A truck driver accused of running a red light last year in Calallen and causing a fatal accident has now admitted to being on his personal cell phone at the time of the accident. Jurors heard testimony Tuesday in his negligence lawsuit the victim's family filed against him and Cameron Truck Company, his former employer.
The accident took the life of 49-year old Jean Louis Roger Senior. His family is suing 26-year old Ben Mumme and his former employer, saying they are responsible for the death. Mumme is accused of running a red light and causing the accident that killed Roger.
"I looked up and saw a yellow light and proceeded to look forward and saw a silver car pull out in the lane to the right and immediately applied the breaks hard and swerved to the right to miss the car," read Mumme Tuesday from his statement he gave to police on March 5th, 2012,the day of the accident.
In court Tuesday he stuck with his story.
"I mean I can't say I ran it if I didn't see a red light," says Mumme.
Mumme has since admitted to talking on his personal cell phone when the accident happened, something police never asked during their investigation.
"As you sit here today, agree that you were on your cellular telephone at the time of this accident?," says Doug Peterson, Roger Family Attorney.
"Yes," says Mumme.
"Talking to your buddy Cory?," says Peterson.
"I was having a conversation with him, yes," says Mumme.
Mumme claims he was using speaker phone during the time of the accident, because federal law prevents any commercial truck driver from using hand-held cell phones while driving. Mumme told jurors today he never told police or Cameron Truck Company he was on the phone during the accident out of fear of losing his job. It's company policy to not talk and drive.
The case is set to be turned over to the jury at the end of the week. The jury will decide if Mumme and the trucking company are legally responsible for the death of Jean Roger Senior.