Two lawsuits, including one seeking $100 million, filed in deadly I-35 crash in Austin
A survivor and relatives of a victim have filed separate lawsuits following the massive Interstate 35 crash in North Austin that killed five people and hurt at least a dozen others.
Nathan Jonard said in his civil lawsuit filed Thursday in Travis County that he was driving one of the 18 vehicles on March 13 that slammed into each other after officials say Solomun Weldekeal Araya failed to brake the tractor-trailer he was driving. Jonard is seeking more than $100 million in damages from Amazon Logistics, ZBN Transport and Araya for his injuries.
The family of Maria Concepcion Joaquin de Joaquin, who was killed in the crash, also filed a $50 million lawsuit in Dallas County, according to a news release from their lawyer, Domingo Garcia, on Friday. Joaquin, 78, was the mother of 11 children and 40 grandchildren, the release said.
'We cannot allow innocent families to continue being slaughtered on Texas highways because commercial drivers are operating 80,000-pound rigs while impaired, speeding, or well past their legal driving limits,' said Garcia. 'We demand that Texas enforce stricter regulations and accountability for commercial drivers. … This bloodshed on our highways must end, and it starts by demanding safety over speed and profit.'
The crash happened in the southbound lanes of I-35 near Parmer Lane, where traffic had slowed to merge into a single lane because of a resurfacing project. Araya, 37, slammed into the bottleneck that was created, police have said. He has been charged with five counts of intoxication manslaughter and two counts of intoxication assault.
Araya was driving a semi-truck owned and/or leased by ZBN Transport and/or Amazon Logistics at the time of the collision, the lawsuit filed by Jonard said. It also said Araya was hauling a load for Amazon at the time. Araya had worked for ZBN Transport for four months, according to the suit.
"This is a horrible tragedy, and our thoughts are with all those involved," said Maureen Lynch Vogel, an Amazon spokesperson. She said all long-haul drivers are independent contractors. Dallas-based ZBN Transport, also did not respond to a request for comment Friday.
More: Truck driver charged with intoxication manslaughter in 17-vehicle car crash in N. Austin
Jonard said he was driving south about 11:20 p.m. on I-35 when construction on the highway caused the traffic to slow to a stop as he waited for the traffic to clear, according to the lawsuit filed Thursday. It said that after his car was hit he lost consciousness. When he woke up, he was in "agonizing pain" with his head and legs bleeding and his ribs throbbing, according to the lawsuit.
Paramedics took Jonard to the hospital where he learned that he had multiple broken ribs and other broken bones, a dissected artery in his neck, a herniated disc and deep, painful cuts on his head legs and feet, the lawsuit said.
More: Victims of fatal I-35 crash in Austin identified, include family of four
Police later determined that Araya was impaired by central nervous system depressants that can include sedatives and tranquilizers, the lawsuit said. He told police he was driving in the center lane of I-35 when a car cut him off, according to an arrest affidavit. It said he said he slammed on his brakes but that they did not activate.
The affidavit said Araya showed numerous signs of impairment during both a field sobriety test and a follow-up evaluation conducted at a hospital. The signs, according to the affidavit, included bloodshot and watery eyes, loss of balance and an inability to accurately count backwards.
Although Araya blew .00 on a preliminary breath test, a detective who conducted the later examination concluded he was under the influence of central nervous system depressants, said the affidavit. It said Araya has denied being on alcohol or drugs.
The people killed in the crash were Joaquin and a family of four. The family included 32-year-old Sergieo Daniel Lopez and 25-year-old Natalia Helena Perez. A joint statement from the Lopez and Perez families confirmed that Lylah Lacy, 6, and Silas Lopez, 9 months old, were the other two killed.
This article originally appeared on Austin American-Statesman: Two lawsuits seeking millions filed in fatal I-35 crash in Austin
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