The trial is now underway for a man accused in a crash that killed a family of three in southern Indiana. A jury could not make that decision in Wages' first trial.

So, he is on trial again. Two people say they saw a vehicle they believed to be Wages' truck weaving through and passing traffic before the crash.

The facts are not in question that Denny Wages tried to pass a line of vehicles on U.S. 150 in Floyd County, on June 25th, 2004. His pickup truck crashed into a car head-on.

The family in that car, Bobby, Kimberly and Shelby Littrell, died. Wages now is on trial in New Albany. He's charged with reckless homicide.

Steve Owen, prosecutor says "I he would have looked before he passed, they would still be here."

Two witnesses testified they saw a white pickup truck, similar to Wages' truck, driven erratically on U.S. 150 before the crash.

Peggy McDaniel described seeing a "white woosh" at her driver's window as Wages pulled out to pass and said seconds later she saw the crash in her rear view mirror.

Cathy Kern testified a white pickup truck that could have been Wages' passed her in a no passing zone and "was weaving in and out of traffic."

Minutes later she drove upon the crash as it happened. Kern said, "The white truck was just flipping. I saw it roll over." The Littrell family's car, Kern said, "it was still rocking" before it settled in a field.

His attorney says Wages does not remember the crash. He was seriously hurt. Wages will not take the stand.

On Wednesday look for members of the Littrell family to testify. The case could go to the jury sometime on Thursday.

Relatives said Bobby Littrell worked in auto repair his wife Kim was studying to become a veterinarian and daughter Shelby was two-and-a-half when they died.

Police have said drugs and alcohol were NOT factors in the crash. Wages faces as much 24 years in prison if the jury convicts him.