Man sues driver of tractor trailer over collision

By Kelly Holleran | Jan 18, 2011

A man has filed suit against the driver of a tractor trailer who he says hit him while attempting to make a right-hand turn.

Travis W. Franks claims he was driving on Highway Spur 93 in Port Arthur when the incident occurred as Jose F. Montes attempted to make a right turn into a driveway.

"Mr. Montes failed to drive his tractor truck in a single lane and changed the course of his tractor's path from the outside right-hand lane into the inside left-hand lane; then crossed the yellow lines dividing the center of the roadway, thereby moving into a lane for opposing northbound traffic; and then turned back again into and across both southbound lanes, traveling into the path of Travis W. Franks' vehicle," the suit filed Jan. 4 in Jefferson County District Court states.

Because of the accident, Franks sustained severe injuries, suffered physical pain and mental anguish and incurred medical costs, according to the complaint. In addition, he suffered physical impairment and lost wages, the complaint says.

Franks blames Montes for negligently failing to drive in a single lane, for failing to drive on the right-half of the road, for turning a vehicle when such a move could not safely be made, for failing to approach the right-hand turn as close to the edge of the right-hand side of the road as possible and for driving in a reckless manner, among other offenses.

At the time of the collision, Montes worked for defendant Shamrock Vacuum Services, which is also named as a defendant.

In his complaint, Franks is seeking an unspecified judgment, plus costs, interest and other relief the court deems just.

He will be represented by Craig J. Schneider of Beaumont.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Case No. E189-064

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