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Driver in 44-car pileup files suit against trucker

Coeur d'Alene Press | UPDATED 10 years, 2 months AGO
| November 23, 2014 8:00 PM

BOISE (AP) - The driver whose initial collision with a log truck resulted in a 44-vehicle pileup on Interstate 84 in January has filed a lawsuit against the truck driver.

Jose D. Silva Cuellar is suing Cory D. Ford of Emmett along with his employer, Brian Wilson Trucking, the Idaho Statesman reported. The lawsuit was filed Wednesday in 4th District Court in Boise.

Silva Cuellar suffered serious injuries from the crash after his car was dragged 180 feet when a loaded logging truck struck it from behind on Jan. 9 near Meridian. Silva Cuellar's Subaru Forester got caught in the trailer and rolled several times.

The Subaru was crumbled into a ball when it finally stopped. It took rescue crews an hour to remove Silva Cuellar from his car.

The crash also caused a chain-reaction of accidents that occurred when motorists entered a wall of fog during the morning rush hour. Nine other people were injured in the collision.

Silva Cuellar is still undergoing medical treatment for his injuries, according to his attorneys.

The lawsuit was filed after Alaska National Insurance, which represents Brian Wilson Trucking, denied a claim filed by Silva Cuellar, his attorneys said.

Idaho State Police charged Ford with inattentive driving following a months-long investigation. He was accused of failing to slow down in heavy fog and sideswiping a tractor-trailer and rear-ending Silva Cuellar's car.

Since the crash, Ford has been cited twice for driving an overweight load and for not keeping his driver's logbook current. He pleaded guilty to all three charges.

Three other drivers involved in the 12 total collisions were cited for driving too fast for conditions. Two drivers were cited for moving out of a lane before determining that it was safe to do so. Another two drivers were cited for following too closely and for failing to show proof of insurance.

Silva Cuellar's attorneys are seeking an amount to be determined at trial.

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