Snowmachiner cited in fatal dog mushing accident

Late last week, following an investigation into a snow machine accident that involved renowned dog musher Dallas Seavey and two of his handlers and their dog teams, Alaska State Troopers (AST) report that a citation has been issued to the operator of the snow machine involved. The accident has claimed the life of two of Seavey’s beloved dogs.

AST announced that 28-year-old Austin Gibbs of Healy, was issued a citation for Negligent Driving on Friday, November 24, for his part in the recent crash with sled dogs in Cantwell, near Mile 118 on the Denali Highway.

According to AST spokesman Tim DeSpain, Gibbs is the only person involved in the crash. As for any additional charges, DeSpain said that because of the timeframe that the incident was reported to AST, and lack of supporting evidence, alcohol was not substantiated as a contributing factor in the collision.

The penalty for Negligent Driving, consistent with Alaska Statute: Sec. 28.35.410, a person can be charged with negligent driving if they are found to be operating a motor vehicle in the state in a “manner that creates an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property is guilty of negligent driving.”

Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant's driving, an accident occurred; a person, including the defendant, took evasive action to avoid an accident; a person, including the defendant, stopped or slowed down suddenly to avoid an accident; or a person or property, including the defendant or the defendant's property, was otherwise endangered.

The biggest difference between negligent driving and reckless driving is intent.

The penalty for negligent driving is fines up to $300. Infraction charges are protected from imprisonment and/or suspension or loss of license or vehicle registration. It counts as a legal infraction and does not carry criminal charges.

The collision took place on a week earlier, on November 17, while Seavey and two of his handlers were training when Gibbs’ collided with one of the dog teams, killing two dogs and injuring several other dogs.