The operating switch was in the up, or lighter, position when it was inspected and couldn’t be lowered successfully, the report says.

Ashabranner also told investigators “the pusher axle was defective and could not be lowered when needed,” it says.

“On 10/23/2012, Ashabranner first documents a problem with his pusher axle and not being able to lower it,” the report says.  He “also documented the pusher axle issue numerous times leading up until the crash date.”

The company provided service records dates June 15, 2012, and Sept. 20, 2012, but “there was no documentation that any repairs were conducted relating to any pre-existing violation,” the report says.

“The defects found, in addition to its weight and grade of the roadway, collectively prevented the vehicle from generating sufficient braking force to stop the vehicle,” the report says.

 “Furthermore, Ashabranner did choose to operate the truck with knowledge of the vehicles [sic] current mechanical condition.”
Hardin, the company’s attorney, said in a statement, “We trust the legal system and will continue to cooperate fully in the legal process to make sure all the facts are obtained and accurately and fairly presented.

The THP also cited the company for the truck’s excessive weight, which carries a $962.60 fine.

The incident also brought an inspection by the U.S. Federal Motor Carrier Safety Administration, which cited violations including failure to investigate a driver’s background; failing to keep maintenance records identifying the vehicle; failing to have a way to show what inspection and maintenance operations are needed, and failing to correct out-of-service defects listed by drivers.

However, it says in a report, it did not take enforcement action because the company was operating as an intrastate carrier at the time of the fatal crash.