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U.S.D.C. DALLAS COUNTY, TX -  Texas truck accident lawyers,  Gordon, Elias & Seely, LLP, represent a Killeen, Texas woman and a Killeen, Texas man who sustained serious injuries due to the negligence of Eagle Aggregate Transportation, LLC. The Plaintiffs are a 49 year old female truck driver and a 48 year old male truck driver who cannot work due to the injuries sustained in this crash.

GENERAL ALLEGATIONS:

On July 28, 2010 the female Plaintiff was driving an 18-wheeler rig while traveling North on US 81 just outside of Decatur, Texas in the outside lane of traffic. She was travelling at approximately 60 miles per hour. The Plaintiff’s brother was resting in the sleeping cabin of the tractor tractor at the time of the incident. The Defendant, Fessehate Ghebrelul, who was on the shoulder, then turned left onto the highway in front of the Plaintiffs’ rig. In an attempt to avoid the collision, the Plaintiff moved her rig to the left causing her to crash into Defendant’s tractor trailer. The Defendant’s big rig came to rest on its left side facing South in the center median after rolling completely over. Ghebrelul was cited for turning left from the wrong lane. At all times pertinent hereto, Ghebrelul was in the course and scope of his employment with Defendant Eagle Aggregate Transportation, LLC.

INJURIES SUSTAINED:

Female Plaintiff suffered olecranon traumatic bursitis (serious injuries to her right elbow), right knee, a right shoulder contusion, injury to her back and neck as well as her body in general. An MRI revealed disc herniation at C4-C5 and C5-C6.  She has undergone surgical intervention to correct the injury to the elbow and continues treatment for the remainder of her injuries.

Male Plaintiff’s MRI revealed a 5 mm disc herniation in his lower back (L4-L5).

MULTIPLE DEFENDANTS:

EAGLE AGGREGATE
TRANSPORTATION, L.L.C. and
FESSEHAIE GHEBRELUL

  • Eagle Aggregate is a Texas corporation whose headquarters are located in Denton, Texas.
  • Fessehaie Ghebrelul is a resident of Dallas, Texas. On the date of the crash in question, he was an employee of Eagle Aggregate.

DAMAGES

Defendants’ negligence was a proximate cause of the occurrence and of the following injuries and damages suffered by Plaintiff:

  1. Plaintiff has incurred reasonable and necessary medical expenses in the past, and, in all reasonable medical probability, will incur reasonable and necessary medical expenses in the future;
  2. Plaintiff has suffered physical pain and suffering in the past, and, in all reasonable probability, will continue to suffer physical pain in the future;
  3. Plaintiff has suffered mental anguish in the past and, in all reasonable probability, will continue to suffer mental anguish in the future;
  4. Plaintiff has sustained a loss of wages in the past and/or loss of earning capacity in the past and, in all reasonable probability, will continue to sustain a loss of earning capacity in the future; Plaintiff has suffered physical disfigurement in the past and, in all reasonable probability, will continue to suffer physical disfigurement in the future;
  5. Plaintiff has suffered physical impairment in the past and, in all reasonable probability, will continue to suffer physical impairment in the future and property damages.

Plaintiff seeks damages in an amount that is within the jurisdictional limits of the court.

COMMENTS:

There are many factors that could lead to a commercial semi-truck rollover, jackknife or collision. Nevertheless, the consequences can be devastating with very serious injuries or even, death. Since the 1980s, when trucking was de-regulated and the industry became far more competitor-based, truckers have lost many of the rights that other workers enjoy. Due to competition, many contractors consistently pass off their freight contracts to the lowest bidders. To meet their bare bones pricing, bidders will sometimes hire unqualified truck drivers with troubling records of accidents and many instances of unsafe driving in their past. Beyond that, these same truck drivers are required to work for low wages and drive for extremely long hours, often driving for up to 18 hours without sleep.  Needless to say, the alertness and reaction time of truck drivers in this condition is very poor. In fact, many experts compare the condition of fatigued truck drivers to that of drunk drivers. And when you consider that many trucks can be as long as 65 feet and weigh as much as 40 tons, a fatigued truck driver presents an unacceptably dangerous situation.

Fessegaue Ghebrelul was the defendant driver who was employed by Eagle Aggregate at the time of the subject incident. Eagle Aggregate has been sued under the legal doctrine of respondeat superior. Respondeat superior is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment.

Since trucking laws are governed by hundreds of regulations, litigation can be very complex. Hiring the right truck accident attorneys who specialize in Interstate truck accident laws is essential for a successful verdict outcome. For more information, talk to an experienced truck accident lawyer at Gordon, Elias & Seely. Call 800.773.6770.

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