Wrongful death suit filed over fatal truck accident on US 59 in Polk County
LUFKIN - The parents of a deceased 24 year old have filed a wrongful death lawsuit against the trucking company whose truck driver caused a fatal vehicle collision by allegedly failing to yield the right of way.
Pedro Reyes and Julita Reyes, individually and representatives of the Urias Reyes Estate, filed suit against James Dean Stanton, individually, Anderson Trucking Services Inc. and Farmers Texas County Mutual Insurance Co. on Nov. 14 in Polk County District Court. The defendants removed the case to the Eastern District of Texas, Lufkin Division on Dec. 10.
The accident occurred on May 29 as Urias Reyes was operating a 1993 Mazda MX-6 and was involved in a collision with a 2006 Freightliner Truck and 2005 TRAO trailer. Reyes was traveling northbound on US 59 in Polk County when Defendant Stanton was pulling out of the Exxon truck stop to go southbound and was stopped to wait for traffic to clear, leaving the trailer blocking the north bound lanes.
Plaintiff Reyes was unable to stop or avoid the accident and struck the left side of the trailer resulting in the collision that caused the death of Urias Reyes, according to the suit.
Defendant Stanton is accused of negligence for failing to keep a proper lookout for Reyes’ safety, for failing to turn his vehicle in an effort to avoid the collision, for operating his vehicle in Reyes’ lane of traffic by blocking the northbound lanes, failing to keep such distance away from Reyes’ motor vehicle as a person using ordinary prudent care would have done, for failing to accelerate his vehicle in a timely and prudent manner, for inattentive operating his vehicle, for stopping his vehicle in a live lane of traffic, and for failing to yield to Reyes’ right of way.
The lawsuit is seeking an award of wrongful death and survival damages for physical pain and suffering, termination of the parent-child relationship, loss of consortium, mental anguish, loss of inheritance, loss of financial support, funeral expenses, interest and court costs.
The plaintiffs are represented by Lindsey B. Whisenhant in Woodville.
U.S. District Judge Ron Clark is assigned to the case.
Case No. 9:12-cv-00209