VIDEO: Family of woman hit, killed by 18-wheeler files wrongful death lawsuit
TROY, Texas - The family of a Harris County woman is suing a trucking company and driver for wrongful death after a crash that happened between Austin and Waco.
It happened on May 22 on I-35 in Troy, Texas. Dash cam video from the 18-wheeler showed a disabled vehicle in the lane ahead of the truck. The truck driver has his eyes to the side. Then comes the moment of impact.
The disabled vehicle was driven by Tracy Rambosek. She died from her injuries two days later.
The 18-wheeler was operated by the company J.B. Hunt, and Barry Giebelstein was the driver. The lawsuit claims the truck driver was texting and had a phone mounted by the steering wheel.
The suit was filed in Dallas County, where J.B. Hunt's main office is, and it accuses the company and driver of negligence.
The family is represented by attorney Matt Greenberg with Zehl & Associates. Greenberg says distracted driving is a leading cause of deaths on the highway.
"Commercial drivers are not allowed to touch their phones while driving, more than just a one touch," he said. "Why do Texas drivers share our public roads with these companies, why do they deserve anything but the best and the safest from trucking companies like J.B. Hunt?"
Giebelstein did not report any injuries. Greenberg says they'll be looking at how often he drove distracted and if the company knew about it.
Photos shown of Tracy's vehicle after the crash
"What we've often seen in these cases, in the history of these kinds of cases and in my experience, is distracted driving doesn't happen in a vacuum," he said.
The plaintiffs are seeking damages for mental anguish, medical, and funeral expenses.
"A very tight-knit family from Houston, Mr. and Mrs. Rambosek, they were preparing to spend their retirement on a farm. They had purchased farmland outside of town," Greenberg said.
Greenberg says the goal is to make the roads safer.
"We're trying to make companies like J.B. Hunt be more strict with their drivers and really have drivers of commercial motor vehicles like Mr. Giebelstein in this case recognizes the terrible cost their actions, just a moment of distraction, can have on a family like the Ramboseks," he said.
The attorney for JB Hunt says they can't comment on the lawsuit at this time.
The Troy Police Department says they have not filed any criminal charges against the truck driver.