The family of a Texarkana mom who burned to death earlier this month when an 18 wheeler slammed into her sedan on Interstate 30 filed a lawsuit Tuesday in federal court.
Heather Vanessa Higgs, 34, was returning from a weekend workshop related to her work as a beauty salon owner when she perished Aug. 11, according to reports. Texarkana lawyer Matthew Golden filed suit Monday on behalf of Jared Higgs, Heather Higgs' husband and administrator of her estate, in the Texarkana Division of the Western District of Arkansas.
Jared Higgs lives in New Boston, Texas, the fatal crash that took Heather Higgs' life occurred east of New Boston in Bowie County, Texas, while the defendants in the suit, driver Jerry Freeman and PNK, Inc., are located in Nevada County, Ark., according to the complaint.
Heather Higgs was stopped near the 200 mile marker on Interstate 30 because traffic had slowed because of an earlier accident, according to statements given by a Texas Department of Public Safety spokesperson the day of the crash. Shortly before 6 p.m., Higgs' car was struck by a tractor-trailer, "after (the tractor-trailer) had stopped behind a second truck-tractor that was stopped in the right lane," DPS said in the earlier report.
Higgs' car was consumed in flames and the tractor-trailer that crashed into her car caught fire as well. Multiple vehicles were involved. The suit accuses Freeman of recklessly failing to stop the 18 wheeler he was steering, violently colliding with Heather Higgs' car.
"This violent collision caused Mrs. Higgs' car to catch fire and she was burned to death," the complaint states.
The suit alleges Freeman is guity of negligence for driving too fast under the circumstances, failing to keep a proper lookout, failing to yield, failing to brake, following too closely, being inattentive and failing to take evasive action. The complaint faults PNK for failing to properly qualify, supervise, and train Freeman.
Jared Higgs filed suit on behalf of himself, Heather Higgs' daughter, Heather Higgs' parents and her brother. The complaint asks for damages meant to compensate for the mental anguish, emotional distress, pain and suffering Heather Higgs experienced before she died as well as for her funeral expenses. The family seeks recompense for their financial losses, their grief and mental anguish and any other damages to which they are entitled in a wrongful death action.
Neither Freeman nor PNK have been served with a copy of the complaint. The case has been assigned to U.S. District Judge Susan Hickey.