18-wheeler owner, driver sued for causing motor vehicle collision
Two residents of San Jacinto County have filed a lawsuit against the driver and owner of an 18 wheeler that was involved in a severe collision in Cleveland, Texas.
Abba Goynes Preston and Kenneth Preston filed suit against Falcon Transport Co., Aurora Trailer Leasing & Rental and Ronald Clark on Aug. 16 in the Eastern District of Texas, Beaumont Division.
The incident occurred on Dec. 7, 2011, as Abba Preston was traveling on CR 2025. Preston claims that she was traveling in a lawful and safe manner when defendant Ronald Clark turned his 18 wheeler into her lane. Preston was unable to avoid the collision, the suit states.
Defendant Clark was cited for failing yield the right-of-way, according to the suit.
The defendants are accused of negligence for failing to keep a proper lookout, traveling too fast, operating the vehicle at an unsafe and unreasonable speed, failing to timely apply the brakes, failing to maintain his vehicle within a single lane, violating provisions of the Federal Motor Carrier Safety Regulation, failing to yield the right-of-way, failing to control his vehicle, for driving while fatigued or impaired, failing to avoid the collision and for driving in excess of the maximum hours allowed under federal regulations.
Preston is seeking damages for physical pain, mental anguish, medical expenses, loss of enjoyment of life, property damage, scarring and disfigurement, physical or mental impairment, loss of consortium, punitive damages, interest and court costs.
The plaintiffs are represented by Keith M. Fletcher of Simmons & Fletcher P.C. in Houston. A jury trial is requested.
Case No. 1:12-cv-00403