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Jymel Dejuan Smith's family filed a lawsuit against Akhmadkhon Vokhidk Ubaykhonov, a Philadelphia man who was driving the tractor-trailer that struck and killed Smith, the lawsuit obtained by Daily Voice states.
Smith had pulled his tractor-trailer over on Interstate 78 West near mile marker 41.5 in Greenwich Township at 4:54 p.m. on Friday, Aug. 13, according to previous reporting by Daily Voice.
While Smith stood next to his tractor-trailer, Ubaykhonov's vehicle drifted over the fog line from the right lane of travel and struck Smith, the lawsuit states.
The force of the impact killed Smith, took off the passenger's side mirror of Ubaykhonov's tractor-trailer, and covered the vehicle in blood, according to the lawsuit.
Ubaykhonov fled the scene but was found nearby by Pennsylvania State Police who charged him with Felony Accidents Involving Death Or Personal Injury, the Daily Voice report states. He is currently being held in Berks County Prison.
"Jymel Smith was a beloved father, son and friend. He was also a successful and dedicated entrepreneur who mentored others in the industry that he loved — trucking," Morgan & Morgan, the law firm representing Smith's family, said in a news release.
"His family and friends have suffered a devastating loss because of the alleged recklessness of the defendant driver," the news release states. "As the family continues to grieve, we will fight on their behalf to hold all those responsible for this tragedy accountable to the fullest extent of the law."
The Smith family's lawsuit claims that, at the time of the crash, Ubaykhonov was:
- Using his cell phone while driving.
- Under the influence of drugs, alcohol, or medication.
- On the road as a truck driver for more hours than allowed by law.
Based on those claims, the family filed a lawsuit seeking more than $50,000 each on one count of negligence, one count of wrongful death, and one survival action.
The criminal case was moved to the Court of Common Pleas on Thursday, Oct. 3, according to court documents. A bail hearing is scheduled for Wednesday, Nov. 20 followed by a disposition hearing on Monday, Nov. 25.
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