PARIS — A civil trial stemming from a fatal 2009 accident on Route 26 in West Paris began Monday afternoon in Oxford County Superior Court.

Lavaughn Purington is representing the family of Richard Ray, a 60-year-old Naples man who was killed Nov. 23, 2009, when southbound  pickup truck was crushed by a northbound trailer-truck hauling wood chips.

The Midwest Price Co. chip truck, driven by Warren Dunning, then 41, of Dixfield, rolled over after swerving to avoid a southbound car driven by Tricia Beretz, then 36, of Somerville, Mass. She had dozed off and crossed into the northbound lane on her way home from skiing at Sunday River.

Dunning and Beretz were not seriously injured.

Dunning was headed to the NewPage paper mill in Rumford with wood chips from Midwest Price in West Paris.

Purington is suing Midwest Price Co. and Beretz for damages, which would go to Ray’s five children. Purington’s attorney, Benjamin Gideon, did not give a figure in his opening statement.

Attorneys for Midwest Price Co. and Beretz emphasized the responsibility of one another’s clients in the accident.

Gideon said in his opening statement that he would concentrate mostly on Midwest Price, because Beretz had admitted from the beginning her part in the accident. On the night of the accident, Beretz told police she dozed off and woke up in the oncoming lane with truck headlights in front of her.

According to Gideon, Midwest Price was allowing operation of an unsafe truck, which didn’t allow Dunning to brake fast enough to avoid colliding with Beretz’s car. An inspection of the truck by a Maine State Police trooper revealed that five of the truck’s 12 air brakes were maladjusted to the point that they were considered defective.

By that and other criteria, Gideon said, the truck should have been out of service. He also said the truck’s fifth wheel wasn’t properly secured, making it easier for the truck to tip over. Gideon said several expert witnesses would testify about the truck’s dangerous condition.

He said that if the brakes had been in working condition, the truck wouldn’t have been moving fast enough to roll over. Gideon said that an inspection report by Midwest Price showed it knew there were brake problems.

He also criticized Dunning’s reaction. Commercial truck guidelines teach drivers to veer right, but Dunning veered left to avoid Beretz’s car, which was in front of Ray’s truck.

Beretz’s attorney, Christine Kennedy-Jensen, said Beretz had taken responsibility for her part in the crash and had served 200 hours of community service for her role in causing it.

Beretz “made a mistake. She made a terrible mistake,” Kennedy-Jensen said. She told jurors that if the truck had been in better condition and if Dunning “had slowed down, just a little bit, we wouldn’t be here.”

Kennedy-Jensen said Beretz “set this series of events in motion” by falling asleep at the wheel, but blamed Midwest Price for making it a fatal accident.

Cathy Roberts, attorney for Midwest Price, argued that Beretz was responsible for the crash and that the malfunctioning brakes and Dunning’s actions did not contribute to Ray’s death.

She pointed out that there were no allegations that Dunning had been distracted, fatigued, under the influence or speeding.

Roberts said Midwest Price and its drivers are diligent about inspecting their trucks, and that the brake problem mentioned in a report was related to wear on the brake linings and not related to the slack adjusters, which caused the braking problem.

Roberts said that even if the brakes were in perfect condition, the collision still would have been fatal for Richard Ray.

“It’s our position that Ms. Beretz caused this accident,” Roberts said.

The first witness, West Paris Fire Department Chief Norm St. Pierre, identified photos and explained the scene of the accident.

The trial is scheduled to continue Tuesday and is set to last more than a week.

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