Driver declared imminent hazard after crashing into house, killing an occupant

March 18, 2021

Land Line Staff

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As a result of a tractor-trailer crashing into a house in Mesa, Ariz., and killing a man, a California-licensed commercial driver has been declared an imminent hazard and barred from interstate commerce.

The Federal Motor Carrier Safety Administration served the imminent hazard order on March 9 to Daniel Tobon, who also is known by Daniel Moran and Daniel Tabon.

The crash occurred Dec. 31, according to an FMCSA news release. Tobon was at the wheel of a tractor-trailer and was exiting U.S. 60 at Crimson Road in Mesa when when the vehicle failed to stop at the off-ramp intersection, according to the news release. The truck crossed over a center curb, struck a signal pole, and crashed through a masonry block wall before smashing into the front entrance of the residence. According to ABC15, one man was killed and four were injured. FMCSA noted in the news release two of the four were seriously injured.

According to a Mesa Police Department crash report, Tobon allegedly made no evasive driving maneuver to avoid the crash. The Mesa Police report mentioned one of the possible influencing conditions for the crash was “illness or physical impairment.”

An FMCSA investigation found that in September 2020 Tobon had fraudulently certified his FMCSA medical examination report form. In addition, FMCSA discovered that he also fraudulently certified the form previously in September 2018. Commercial motor vehicle drivers are required to complete a health history section and certify that the responses are complete and true under threat of penalties.

Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,928 for each violation. Knowing and/or willful violations may result in criminal penalties.

Tobon may not operate a commercial motor vehicle until such time he is successfully completes a return-to-duty process including obtaining a valid medical certification issued by a certified medical examiner. LL

Other drivers recently declared imminent hazards by the FMCSA:

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