By Kim Gale  |  April 10, 2019

Category: Legal News

A Colorado woman has filed a semi truck lawsuit alleging she was severely injured in a big rig accident in 2017.

Plaintiff Chelsea G., age 32, alleges she was driving her Volkswagen at 7:30 a.m. on Thursday, Feb. 9, 2017. As she drove southbound on Highway 85 in Weld County, Colo., she alleges a five-axle 2002 Freightliner semi-tractor and trailer was traveling westbound on County Road 44.

The semi truck allegedly was driven by Fernando V., who was driving the big rig for Grain Train Express LLC. Grain Train Express, the defendant named in the truck accident lawsuit, has a home office in Iowa.

According to Chelsea, Fernando steered across the intersection of Weld County Road 44 and Colorado 85 from a stop sign, at which time he allegedly failed to give the right of way to other vehicles when he changed lanes.

As a result, the big rig collided with Chelsea’s vehicle, she claims. A state trooper who went to the scene of the accident purportedly confirmed that Fernando was negligent by failing to drive carefully and failing to yield the right of way to Chelsea’s vehicle.

According to the big rig accident lawsuit, an eyewitness who was driving behind Chelsea’s Volkswagen reported to the state trooper that he saw the semi truck and tractor sideswipe the Volkswagen, which prompted the eyewitness to stop and assist Chelsea at the scene.

The Grain Train Freightliner allegedly hit the Volkswagen so hard that the car was thrown 92 feet onto Weld County Road 44, where it finally came to a stop in the westbound lane on its wheels, facing west.

According to the Federal Motor Carrier Safety Administration, 88 percent of non-fatal crashes and 84 percent of fatal crashes involving big trucks occur on weekdays, most likely due to the increased number of vehicles on the roads going to and from work.

Alleged Injuries from Big Rig Accident

Chelsea says the state trooper saw that she had suffered such severe injuries that she needed an ambulance to take her to a hospital emergency room. Paramedics reported Chelsea had multiple cuts on her jaw, cheeks, and face, along with bruising and swelling.

She had a swollen left eye and complained of left shoulder pain and pain in her upper back between her shoulder blades, the lawsuit says. She received a broken bloody nose, a concussion, facial fractures, and cuts, according to the emergency room physicians at Northern Colorado Medical Center. She also allegedly suffered a fracture to a rib and a malar fracture, which is an injury to the malar bone in the face near the sinuses.

Since suffering trauma in the big rig accident, Chelsea alleges she has been dealing with a variety of medical problems, including:

  • Hearing loss
  • Chronic sinusitis
  • Face pain
  • Tinnitus
  • Migraines and post-traumatic headaches
  • Back, shoulder and neck pain
  • Pin in the jaw
  • Decreased range of motion in her spine
  • Permanent scars on her face and neck

The Big Rig Accident Lawsuit is Case No. 1:19-cv-00589-SKC, in the U.S. District Court for the District of Colorado.

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