Family of killed Frenship teen files suit against trucker - KCBD NewsChannel 11 Lubbock

Family of killed Frenship teen files suit against trucker

GRAY COUNTY, TX (KCBD) -

One month has passed since a Frenship teen was killed in a motorcycle accident after a truck driver veered into his lane. The Department of Public Safety is now revealing the trucker tested positive for drugs.  

According to the report, Donny Waldenmayer, 15, attempted to pass an 18-wheeler on I-40 near Amarillo. The truck driver then moved into the left lane, forcing the teen to leave the roadway and hit a cable barrier. Waldenmayer was thrown from his motorcycle and died.

"It's on the DPS report that drugs played a factor in the accident," said The Waldenmayer family attorney, Davis Smith.

Criminal charges are pending while DPS waits for toxicology results to see what drugs the driver was using.  

Because of this, Waldenmayer's father is suing the trucker and the trucking company, J-Mar Express Inc., for the wrongful death of his son. KCBD obtained the lawsuit filed in Gray County. It states the family wants the defendants to be held accountable for a long list of violations, including driving while intoxicated.

"I'd like to take the deposition of their safety director under oath and see what he has done to improve his safety record. The federal safety records that I looked at about J-Mar Trucking are far less than impressive," said Smith.

KCBD also looked into J-Mar Express's U.S. Department of transportation record. We found out the company has been cited with one or more serious violations within the past year. Those violations include speeding, following too close, improper passing, and unlawful parking.

With hundreds driving for the company, Waldenmayer's father wants to use this lawsuit to change the business's safety measures.

"The case to me isn't about what the recovery is going to be at the end. I want to expose J-Mar Trucking and how I feel they do business," Smith said.

J-Mar Express Inc. did not have a comment on the litigation.

Copyright 2012 KCBD. All rights reserved.

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