HOUSTON - A lawsuit has been brought against the United Parcel Service alleging one of its driver’s caused a vehicle collision during the Texas freeze.
Plaintiff Andera Alexander, a veteran who has completed three tours in Iraq, filed the suit in Dallas County, also naming Aaron Lee Whitehead as a defendant.
According to the lawsuit, on Feb. 13 Alexander was a passenger in a vehicle with two other occupants, traveling on IH-35 in Bexar County. Whitehead was driving a semi-trailer UPS truck on the same highway, well behind the vehicle. The conditions on the road were at or below freezing.
“By deciding to operate the large commercial truck on the road instead of suspending operations, Defendant Whitehead was responsible for operating safely, which includes inspecting the UPS truck and its parts, taking into account the hazardous road conditions which would make it harder to stop when traveling at a high speed, and timely applying brakes and/or taking evasive actions to protect others on the road,” the suit states. “The Vehicle was hit by an unknown third car, causing the Vehicle to spin out on the road and stop on the highway, facing in the reverse direction.
“As Defendant Whitehead approached, despite clearly seeing the Vehicle stopped in the same lane ahead (as evidenced by Defendant Whitehead’s repeated honking), Defendant Whitehead continued speeding, and neither sufficiently applied his brakes nor took any evasive action. Instead, Defendant Whitehead inexplicably continued driving the UPS truck forward, ultimately slamming into the front of the Vehicle.”
The collision was severe and resulted in extensive damage to both the vehicle and the UPS truck.
“Plaintiff and the other occupants of the Vehicle are fortunate to be alive,” the suit states. “Despite the severity of the collision, Defendant UPS has refused to turn over the video recording from inside the UPS truck.”
According to the suit, Whitehead failed to maintain proper control of the UPS truck, failed to maintain a safe speed on the highway, and failed to maintain a safe distance from the vehicle. Whitehead also failed to take necessary evasive action.
“Following the incident, despite his injuries, Plaintiff, with his instincts from his time in the military, rushed to the nearest business to seek help for the other two occupants of the vehicle he was in,” the suit states. “As a result of the incident, Plaintiff has suffered injuries and now brings this lawsuit to recover for his damages.”
The plaintiff is represented by attorneys John Scott Black, Andrew Dao and Ajay Ketkar of Daly & Black, along with the Law Office of Bilaal Badat and The Law Office of Chris Arce.