Man blames two drivers for causing collision

By Kelly Holleran | Apr 8, 2013

A Jasper County man claims he suffered back, neck and body injuries after a truck driver struck his vehicle while he was attempting to evade a car that had come into his lane.

Michael Daigle filed a lawsuit March 26 in Jefferson County District Court against Helena Bertrand, Robert Purks and Transit Mix Concrete and Materials Co.

In his complaint, Daigle alleges he was driving west in the 2800 block of Highway 73 on Feb. 5 when he saw Bertrand’s vehicle, which was facing an eastbound direction but sitting in his lane. Just before, Bertrand had lost control of her vehicle, causing it to spin, to hit a concrete barrier and to come to a stop facing oncoming traffic.

When Daigle saw Bertrand’s vehicle, he slowed to avoid hitting it, according to the complaint. Purks, who was driving a truck for Transit, was driving behind Daigle.

“Purks failed to stop in time and crashed into the back of plaintiff’s vehicle,” the suit states.

In addition to his injuries, Daigle incurred medical costs; suffered mental anguish, physical pain, suffering and disability; and lost his enjoyment of life and his earning capacity, the complaint says. In addition, he claims he suffered physical impairment.

Daigle blames Bertrand for causing the collision, saying she negligently failed to drive in a reasonable manner, failed to drive within her lane and failed to move following the collision.

He also names Purks as a defendant, saying he negligently failed to drive in a reasonable manner, failed to keep a proper lookout, drove inattentively, followed at an unsafe distance and failed to come to a safe stop.

In his complaint, Daigle seeks unspecified damages, plus costs, pre- and post-judgment interest and other relief the court deems just.

Clay Dugas and Malachi Daws of Beaumont will be representing him.

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

Case No. E194-187

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