Lawyers from Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. have filed a wrongful death lawsuit on behalf of the family of David Lee Colley, a Montgomery Police officer who was killed April 4 in a collision with an 18-wheeler.
The lawsuit names trucking company TUI Express Inc., TUI Express LLC, and truck driver Yasin Steven-Conley James as Defendants. Beasley Allen lawyers Jere Beasley, Cole Portis, Julia Beasley and Chris Glover filed the lawsuit on behalf of Officer Colley’s wife, Darian Colley, and the couple’s baby daughter. The lawsuit alleges “willful, wanton, intentional, reckless and malicious acts of the trucking company and truck driver Defendants,” which led to Colley’s death when the 18-wheeler struck his vehicle as he was responding to an emergency call on duty.
“The truck driver was cited for numerous violations of Federal Motor Carrier Safety Act regulations. Those violations included responsibilities he has as a driver on the road and those his trucking company has to maintain a safe vehicle,” Beasley said.
“His log books revealed that he was attempting to conceal his duty status and hours of service. The hours-of-service rules are in place to prevent fatigued driving. A fatigued truck driver is not as capable of reacting to the environment around him, especially emergency situations like the one we have in this case. Fatigued driving is a big problem and results in thousands of crashes each year. Mr. James was faced with a police officer who was responding to an emergency call. The accident could have been avoided with an alert and oriented truck driver appropriately responding to his environment. Unfortunately, he did not.”
This is also a worker’s compensation claim that involves the City of Montgomery. Beasley said, “The City did nothing wrong and will be reimbursed for the amount to be paid out from any recovery against the other Defendants in the case. This suit will actually benefit the City.”
In a statement, the Colley family says, “The City of Montgomery, the Montgomery Police Department, the Mayor’s office and all city employees have gone above and beyond what the Colley family could have expected. The City of Montgomery and everyone associated with the city has been here for our family and upheld their responsibilities to the family. The family is thankful.”
The complaint is filed in the Circuit Court of Montgomery County, Ala., Darian Colley v. TUI Express Incorporated et al, 03-CV-2015-900868.00.
Read the complaint.