[KevinB]

The dude was reckless, pure and simple. Unless there was proven evidence showing he had an involuntary medical condition, he is at fault.

Of course he was at fault and will lose a civil lawsuit. And he may well have been reckless. But being reckless and criminally reckless, which would potentially result in jail time, are not the same thing. Here's a good discussion of the differences.

What is Recklessness?

[glennaro]

It's clear the judge, in his personal "infinite wisdom", ignored this (from the article):

Investigators took more than three months to conclude the investigation leading to charges against Hubbard. They determined that Hubbard operated his truck in a criminally negligent manner.