Driver blames Sweetwater school board trustee John McCann's inattention for 2-car crash
Last Updated: 71 days ago
CHULA VISTA - The driver of a car that collided with a car driven by Sweetwater Union High School District trustee John McCann says McCann is to blame for the crash, despite a police report to the contrary.
"Completely feel vindicated. I had never gotten a speeding ticket, never gotten into an accident. I had always been a safe driver, especially when my kids were born," McCann told 10News during an interview when he recently went back to work.
It was that comment that caused the other driver, Martin Duncan, to come forward and tell his story.
"I was disturbed," said Duncan. "I feel if he was such a safe driver, he would have seen me coming and wouldn't have pulled in front of me the way he did."
On July 24, just before 5 p.m., Duncan was traveling east on Telegraph Canyon Road when McCann tried to go across three lanes and make a left turn from Old Telegraph Canyon Road. The two cars collided.
Duncan says moments before the crash, he looked at McCann.
"The driver was preoccupied … with his head facing down, like he's looking into his lap," Duncan said. "I knew from then, there was going to be a collision."
Duncan suffered back and other injuries.
McCann was knocked unconscious and spent several weeks in the hospital but escaped serious brain damage.
A police probe determined Duncan's speed caused the crash, citing a witness and a car's black box data showing Duncan's car was at 87 miles per hour a second before the crash and about 63 at impact, with the speed limit at 45.
Duncan's attorney Dan Petrov is skeptical, pointing to black box inaccuracies in other cases.
"Going from 87 to 63 in 1.2 seconds doesn't seem plausible … considering he applied the brakes just before impact," said Petrov.
Duncan said, "A person knows when they are going fast and I don't believe I was traveling at a high rate of speed."
Duncan admits he was speeding, possibly between 50 to 60 miles per hour. Police have yet to determine if he will be cited.
So how did he see McCann so clearly?
Duncan claims when he first saw the car, he tried to make eye contact and quickly realized it was not possible. He is weighing a lawsuit.
The police report said there was no evidence McCann was using a cellphone.
McCann is likely to file suit. His attorney points out if Duncan was looking at McCann, he should have had enough time to slow down.
Copyright 2013 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.