Austin I-35 crash victim files $100M lawsuit against Amazon, driver, transport company

AUSTIN - A man who broke several bones and sustained other injuries after a tractor-trailer slammed into stopped cars on I-35 in North Austin has filed a $100 million lawsuit against the driver, the Dallas-based transportation company who hired him and Amazon.

Five people were killed, including two children, and several others were injured in the crash on March 13.

Solomun Weldekeal Araya, 37, was arrested and charged with five counts of intoxication manslaughter and two counts of intoxication assault in connection with the crash.

I-35 Crash Lawsuit

What we know:

A lawsuit on behalf of Nathan Jonard was filed in Travis County on Thursday.

Jonard, a Travis County resident, was stopped while driving southbound on I-35 when a tractor-trailer slammed into a number of cars on the highway.

Austin police say the tractor-trailer did not slow down prior to the crash.

According to the lawsuit, Jonard was knocked unconscious in the crash. He also suffered multiple broken ribs and other bones, a dissected artery in his neck, a herniated disk and "particularly gruesome wounds on his head, legs and feet." The dissected artery required surgery, according to the lawsuit.

The lawsuit names Araya, ZBN Transport, LLC and Amazon Logistics.

Araya was working for ZBN Transport at the time of the crash. The lawsuit says that Araya was hauling a load for Amazon at the time of the crash.

The suit claims that Araya was negligent in his operation of the tractor-trailer and the companies were negligent in hiring, training and supervising him.

Jonard is seeking a monetary settlement for his medical fees, lost wages and more.

He is seeking more than $100,000,000.

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• Austin I-35 crash: NTSB to examine scene of multi-vehicle crash that killed 5

What they're saying:

ZBN Transport sent the following statement:

"Based on the information available, ZBN Transport has not provided any public comment regarding the lawsuit filed by Nathan Jonard in Travis County.

We are deeply saddened by the tragic accident that occurred on Interstate 35, resulting in the loss of lives and injuries. Our thoughts and heartfelt condolences go out to the families of those who passed away, as well as to those who were injured.

We are committed to working with all affected individuals and their families during this difficult time and will do everything possible to provide support and assistance. 

Our company is cooperating fully with authorities as they investigate the circumstances surrounding the accident. At this time, we cannot share specific details but will provide updates as they become available 

We are here to support the families and community impacted by this tragedy, and we appreciate your understanding as we navigate this sensitive and challenging time."

"This is a horrible tragedy, and our thoughts are with all those involved. We're cooperating with all investigations," said Maureen Lynch Vogel, an Amazon spokesperson.

Witness speaks about the crash

Local perspective:

A witness, who asked just to use his first name, Kendrick, helped get people out of their cars and even put out a fire in one of the vehicles.

March 13 started like any other day for Kendrick. He records his day on Snapchat, often talking to his followers, dancing, and telling jokes.

"I Snap my whole life, my whole day, every day, you know?" said Kendrick.

Last Thursday, he recorded a trip to the mall. It was a fun day off, spending $30 on the claw machine and shopping.

Then he headed to downtown Austin. His next Snapchats would change his life.

"This is insane," said Kendrick in his video on Snapchat. "This is insane. I don't know if I can unsee those people."

Kendrick was sitting in traffic on I-35, near Parmer and Howard Lanes in North Austin, when a tractor-trailer barreled into surrounding vehicles.

"I was like ‘Oh somebody crashed behind me,’ as soon as I had the thought somebody crashed back there just boom, boom, boom, boom, and then on my left rearview mirror, I see debris, and it was like a ‘Fast and the Furious’ movie just like plowing through everybody," said Kendrick.

"You guys, okay?" said Kendrick in his video. "Oh, s***. It's okay, It's okay."

Instinctively, he picked up his phone.

"I wanted people to know what happened here," said Kendrick.

He captured the moment he confronted the truck driver.

"This you bro?" said Kendrick in the video. "The f*** man. What? What happened?"

Araya responds in broken English.

An affidavit says he spoke mostly Tigrinya, a language spoken in Eritrea and northern Ethiopia, but also understood and spoke English. 

"The traffic was there, bro," said Kendrick. "There's no way. I'm a trucker myself. You were going way too fast. You know there're two people dead over there? Possibly two more?"

"In the coming days, the team will continue to document this temporary work zone, conduct a mechanical inspection of the striking truck, and collect further info from witnesses," said Kenny Braggs, a National Transportation Safety Board investigator, in a recent press conference.

The NTSB is also looking at the work zone where the crash happened, which narrowed three lanes of I-35 down to just one.

"A lot of preventative measures need to be taken, and it needs to be looked at," said Kendrick. "There needs to be more oversight."

Kendrick looks back on his videos now and knows his life has been split into a before the crash and after. He’s not sure if he’ll ever go back to the person he was before.

"I feel like I lost a part of me," said Kendrick.

Texas DPS looked at Araya's Hours of Service (HOS) logs. It found he had several violations during the prior week. He also has multiple past inspections noting similar violations and prior hazardous moving violations while operating commercial vehicles.

What happened on I-35?

The backstory:

Austin police say 17 people and 18 vehicles, including a semi-truck, were involved in the crash on I-35 southbound in North Austin near Parmer Lane and Howard Lane.

APD says the initial call was received at around 11:30 p.m. on Thursday, March 13.

The accident stretched more than a tenth of a mile, which is about 500 feet.

Five people, including a child and an infant, were pronounced dead at the scene; 11 others were transported to local hospitals. Two adults with life-threatening injuries were taken to St. David's Round Rock. 

The crash also happened in an active construction work zone, which reduced the lanes of travel in the area from three to one.

Three of the victims in the deadly crash on I-35 on March 13 have been identified as:

• 32-year-old Sergieo Daniel Lopez
• 25-year-old Natalia Helena Perez
• 78-year-old Ma Concepcion Joaquin De Joaquin

Tractor-Trailer Driver Arrested

Solomun Weldekeal Araya, 37, was arrested and charged with five counts of intoxication manslaughter and two counts of intoxication assault.

Weldekeal Araya told officers he had been driving in the center lane when another vehicle cut him off. He said he tried to slam on the brakes, but they did not activate.

In the affidavit, officers say they observed his eyes were bloodshot and watery, and his speech was mumbled. Weldekeal Araya told officers he was coming from Dallas and was headed to San Antonio and had been driving for about two hours.

He said he had not consumed any alcohol, did not have any medical or physical issues, and did not take any medications or drugs. He also said he had slept all night and had taken a three-hour nap earlier in the day.

A field sobriety test showed he could not keep his balance or focus on instructions, and that he was swaying from side to side and front to back. Officers also noticed eyelid tremors and determined based on the test results that, due to a drug or controlled substance, he did not have the normal use of his mental and physical faculties to safely operate a motor vehicle.

Results from the evaluation led investigators to believe he was under the influence of depressants.

NTSB investigates I-35 crash

What's next:

The National Transportation Safety Board traveled to Austin to investigate the scene of the crash.

A preliminary report should be available online in about a month.

A final report is due out in about 12 to 24 months.

North AustinCrime and Public Safety