SE Texas Record

Monday, July 15, 2019

Driver alleges truck company failed to show concern for unsafe vehicle


By Carrie Bradon | May 14, 2019

HOUSTON — A driver is suing a truck company, alleging the truck he was driving was unsafe and his concerns were not taken seriously.

Wayne Traywick of Sugarland filed a complaint May 6 in the Houston Division of the District of Texas against Houston Freightliner Western Star and Daimler Trucks North America, alleging negligence and infliction of emotional distress.

According to the complaint, Traywick was driving a Dahmer Freightliner at night in Missouri and was unable to see more than 10 feet in front of him. Although, the suit says, the plaintiff was driving below the speed limit he was struggling to maintain control of the vehicle, which totaled about 77,000 pounds. 

Traywick says the truck's headlights were set so that he could not see forward but only to the left and right. The plaintiff says took his truck to a different Freightliner dealer and complained of the vision problems he was having. 

The defendant corrected the headlights but the plaintiff said he still had concerns about the adjustments. Traywick says he contacted his salesman who told him he would send the plaintiff safety reports on the headlights, but they were never sent. 

The plaintiff believes he could have been killed due to the headlight problems and says his best course of action was to file a federal lawsuit after he made several more calls and requested a recall but the defendants failed to help him.

Traywick seeks trial by jury, punitive damages, interest, court costs and all other just relief.  He is representing himself.

Houston Division of the District of Texas case number 4:19-CV-01663

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