Truck driver fails to yield the right of way, causes wreck
MARSHALL-A Texas resident has filed a lawsuit against a Missouri truck driver, accusing the driver of failing to yield the right of way and causing a violent vehicle wreck.
Tyriska Olivera filed suit against Mark A. Koenig and Freddie's Trucking on Aug. 10 in the Marshall Division of the Eastern District of Texas.
The motor vehicle accident occurred on Aug. 11, 2008, on Texas Highway 31 as Olivera was traveling southbound. According to the court records, defendant Mark Koenig was driving a 2005 Western Star truck and towing a 1999 Fontaine semi-trailer when he failed to yield the right of way, turned left onto the highway entrance ramp, proceeded through the intersection and collided into Olivera's vehicle.
Olivera states the Texas Highway Patrol concluded Koenig was at fault and caused the accident.
The defendants are accused of negligence for failing to keep a proper lookout, failing to timely apply his brakes, failing to control the vehicle, failing to act or respond in a reasonable manner and failing to control the speed of the vehicle, negligent entrustment and for failing to properly train its drivers.
The plaintiff is seeking damages for medical care, physical pain and suffering, mental anguish, physical impairment, physical disfigurement, loss of earning capacity, interest and court costs.
Olivera is represented by Brent Goudarzi of Goudarzi & Young in Gilmer.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10cv00288