A semi truck driver from California alleges serious injuries from an 18 wheeler accident.

Plaintiff James J. filed a lawsuit against Empire Truck Lines Inc., and is also naming two others for their alleged negligence that he says contributed to the collision between the two semi trucks.

According to the lawsuit, the semi truck collision occurred on Jan. 25, 2017, in which the Empire Truck vehicle was traveling eastbound on the road. James says he had been operating his vehicle outside of Houston, Texas under safe driving circumstances.

He claims the 18 wheeler accident allegedly happened due to the negligent actions of truck driver Julian Suarez Palacios, who was reportedly operating the Empire truck when it should not have been driven. James says Palacios had tried to slow down the truck by applying the brake but it had allegedly failed and had caused the collision with James’ semi truck.

James opted to file legal action against Empire Truck Lines, Palacios, and owner of the Empire truck, Joel Campos, after discovering the crash was caused by mechanical issues in their brakes.

Both Empire Truck Lines and their drivers failed to properly inspect the vehicle before it was driven, alleges the lawsuit, which left the faulty brake mechanics unattended and caused the truck to be unreasonably dangerous to everyone in the surrounding roads.

Overall, James alleges the semi truck collision could have been avoided if proper automotive maintenance had been conducted and claims the Empire truck was unreasonably safe to drive.

According to the lawsuit, James suffered serious bodily injuries and shock, which has left him unable to work. In addition, James says he will likely to incur future medical expenses and has already amounted damages over $90,000.

According to the lawsuit, the driver, Palacios, was acting in the scope of his employment while driving the truck, making the owner of Empire Truck Lines and employer of Palacios, Campos, negligent because he gave permission for Palacios to operate the truck.

Equipment failure is one of the most common causes of semi truck accidents, with truck brakes being one of the most neglected parts. The trucking company in question, as well as the installer or mechanic, could face negligence charges if truck equipment fails.

Overview of 18 Wheeler Accident Statistics

There are approximately 500,000 semi accidents in the United States every year, with 5,000 of these incidents being fatal and 100,000 involving serious injury. Over the past 20 years, the number of truck accidents has risen by 20% with 98% of the fatalities being the drivers or passengers in small consumer class vehicles.

According to the Insurance Institute for Highway Safety, a total of 4,102 people died from semi truck accidents in 2017 with 68 percent of the fatalities being in passenger vehicles. The number of semi truck fatalities in 2017 was reportedly 30 percent higher than in 2009, when the statistic had been lowest since 1975.

People who sustained serious injuries from semi truck accidents may be able to file legal action against the trucking company for the negligent actions of their drivers. Damages people could potentially seek include medical expenses, loss of work, physical pain, and emotional suffering.

This Truck Accident Lawsuit is Case 4:19-cv-00149, in the U.S. District Court for the Southern District of Texas.