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DENVER ,CO–OCTOBER 21ST 2010–The gavel cracks on a foreclosure sale in the Public Trustees offices at the Wellington Webb building during a foreclosure auction Thursday morning. Andy Cross, The Denver Post (Photo By Andy Cross\/The Denver Post via G <\/p>\n
SAN JOSE, Calif. – A San Jose man was on Friday sentenced to 60 days in prison for felony insurance fraud stemming from a road rage incident in January of last year.<\/p>\n
Dashcam footage showed Kenneth Pham Tran, 54, initiated a road rage incident that resulted in him being rear-ended by a semi-truck, for which he later filed an insurance claim.<\/p>\n
In addition to 60 days in prison, Tran was sentenced to two years of probation and is ordered to pay over $4,000 in restitution.<\/p>\n
“Road rage doesn\u2019t pay,” Insurance Commissioner Ricardo Lara said in a press release. “Crimes like these jeopardize public safety and increase insurance costs for consumers and businesses. I applaud the work of our detectives and investigators, which is essential in protecting California drivers and holding offenders accountable.”<\/p>\n
The backstory:<\/p>\n
Tran was involved in a Jan. 28 collision, which he claimed occurred when his Jeep was damaged after being rear-ended by a semi-truck while he was stopped in traffic. Tran claimed the driver of the semi refused to pull over and exchange insurance information.<\/p>\n
San Jose California Highway Patrol investigated the collision, and later referred the case to the California Department of Insurance, which conducted its own investigation.<\/p>\n
That investigation discovered a witness who placed a 911 call reporting they\u2019d had to swerve out of the way of a Jeep that was driving recklessly and \u2018brake checking\u2019 a semi-truck on the 101 freeway in San Jose. The witness reported the driver of the jeep swerved in and out of lanes to keep the semi-truck behind the vehicle, and held the brakes several times before the semi-truck struck the back of the vehicle.<\/p>\n
The witness stated the driver of the semi-truck would not have been able to prevent the collision.<\/p>\n
The incident was captured on the semi-truck\u2019s dashcam. Investigators obtained the footage and found evidence that Tran had initiated the crash because he felt that he\u2019d been cut off by the semi-truck.<\/p>\n
A jury found Tran guilty of one count of felony insurance fraud, felony vandalism, and misdemeanor reckless driving.<\/p>\n
The Source: California Department of Insurance<\/p>\n