WHAT ARE THE ISSUES IN THE FACT PATTERN:

Marco O'Leary is a motorcycle enthusiast. One Sunday while driving down Main Street in Birmingham, Alabama on his motorcycle, he drives over a piece of wood with a protruding nail left on the road by a construction company that was doing work on Dinky and the Dog Hot Dog Stand. Not realizing that the nail punctured his front tire, Marco makes the faithful decision to enter onto Highway 280 on his way to the local vape shop. After driving five miles on Highway 280, Marco loses control of his motorcycle and strikes a truck. The truck struck by Marco then hits a car driven by James Abbondanza who is driving with his daughter Lucia, to after school tutoring. James and Lucia Abbondanza are seriously injured, while the truck and its driver escaped without injury or damage.