Louisiana truck driver sued for failing to yield the right of way

By Michelle Keahey, East Texas Bureau | Sep 21, 2012

SHERMAN - A Louisiana truck driver is being sued for failing to yield the right of way on Highway 73 in Jefferson County and causing a vehicle collision.

Richard William James Barrow filed suit against Hercules Transport Inc. and Michael Broussard on Sept. 18 in the Eastern District of Texas, Beaumont Division.

The incident occurred on April 25 as Barrow was traveling eastbound on Highway 73 in Jefferson County. An 18-wheeler driven by defendant Michael Broussard and owned by defendant Hercules Transport failed to yield the right of way and pulled out direct in front of Plaintiff’s lane of travel. Barrow struck the trailer being pulled by Broussard.

Defendant Broussard is accused of negligence for failing to keep a proper lookout as a person of ordinary prudence would have done under the same or similar circumstances, failing to yield the right of way, lack of training in accident avoidance or defense driving technique, failing to know or act in compliance with commercial truck driving accident avoidance and defensive techniques or maneuvers while operating a heavy truck on Texas Highway and driver inattention.

Defendant Hercules Transport is accused of negligent entrustment, hiring, and qualification of drivers, and for failing to train, instruct and educate its drivers.

The plaintiff is seeking damages for physical pain and mental anguish, loss of earning capacity, disfigurement, physical impairment, medical care expenses, interest, and court costs.

Barrow is represented by Lance P. Bradley of McPherson, Hughes, Bradley, Wimberley, Steele & Chatelain in Port Arthur. A jury trial is requested.

U.S. District Judge Thad Heartfield is assigned to the case.

Case No. 1:12-cv-00447

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