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Boy, 18, “killed by truck driver who was watching PORN on his phone”

A Texas family has filed a lawsuit against a millions-dollar pipeline company that one of its truck drivers was watching pornography on his phone when he bumped into a vehicle carrying two teenagers and killing all three people.

The deadly frontal collision occurred shortly after 9 p.m. on April 25, 2019 at Ranch to Market Road 33 in Glasscock County.

According to a police report, Energy Transfer Partners electrician James Darling, 39, drove home from a job in his commercial vehicle, a white Ford F250 from 2014 when he didn’t stay in his northern lane and bumped into 18-year-old Jonathan Weaver’s 2011 GMC Sierra pick -up on the way south.

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Jonathan Weaver

James Darling

James Darling

The parents of Jonathan Weaver, 18 (left), filed a lawsuit against Energy Transfer Partners and claimed that the company employee, James Darling (right), was watching pornography behind the wheel when he crashed in April 2019 caused

The fatal accident occurred in Glasscock County, Texas, on the night of April 25, 2019. The screenshot above shows Darling's mutilated Ford F-250 truck

The fatal accident occurred in Glasscock County, Texas, on the night of April 25, 2019. The screenshot above shows Darling's mutilated Ford F-250 truck

The fatal accident occurred in Glasscock County, Texas, on the night of April 25, 2019. The screenshot above shows Darling’s mutilated Ford F-250 truck

An on-site paramedic said that the phone from a state politician Darling was playing a pornographic video showing a man and a woman having sex

An on-site paramedic said that a state policeman Darling's phone played a pornographic video showing a man and a woman having sex

An on-site paramedic said that a state policeman Darling’s phone played a pornographic video showing a man and a woman having sex

This image appears to show Darling's cell phone after the fatal crash

This image appears to show Darling's cell phone after the fatal crash

This image appears to show Darling’s cell phone after the fatal crash

The impact of the collision was such that the front of the vehicle of Weaver squeezed six feet, pinned him to the dashboard and caused catastrophic internal injuries.

Both Weaver and his passenger, 19-year-old Mathew Swinney, were declared dead on site as a result of the collision, along with Darling.

According to a memo from the Texas Highway Patrol, one of the paramedics on the spot told the answering Trooper Trevor Cole that while he was taking Darling out of his battered truck, his cell phone was on his lap and currently playing pornographic video that led me to conclude that the driver … may have been distracted by video observation. “

Audio from a body camera video obtained by CBS News contains the voice of a first answering machine about Darling: “he had a cell phone in his hand and it had porn on it.”

The Weaver family attorney, Chip Brooker, filed a lawsuit against Dallas-based Energy Transfer Partners in the Dallas district court on Wednesday, claiming negligence and seeking unspecified compensation.

The complaint states that a Texas Highway Patrol investigation has concluded that Darling caused the crash by not staying in one lane and that watching a video for adults with a man and a woman having sex may have contributed to the collision ‘by distracting him.

The investigation also showed that none of the three men involved in the two-vehicle accident were currently wearing a seat belt.

Weaver died on the spot due to internal injuries

Weaver died on the spot due to internal injuries

Mathew Swinney

Mathew Swinney

Both Weaver, 18, and his passenger, Mathew Swinney, 19 (right), were declared dead on the spot after their pickup was crushed by Darling’s vehicle

Weaver's parents, Patrick and Dalena Weaver, believe that the death of their son was completely preventable

Weaver's parents, Patrick and Dalena Weaver, believe that the death of their son was completely preventable

Weaver’s parents, Patrick and Dalena Weaver, believe that the death of their son was completely preventable

The essence of Brooker’s legal argument, as presented in the lawsuit, is that Energy Transfer Partners, as a listed company with more than 11,000 employees, should have used part of its considerable resources to train its staff to prevent distracted driving and to check his fleet.

“The death of Jonathan was completely preventable and unnecessary,” the court argues.

According to data from the National Highway Traffic Safety Administration cited in the complaint, 3,166 people on American roads were killed by distracted driving in 2017 alone.

The parents of Jonathan, Patrick and Dalena Weaver, want their lawsuit to send a message to Energy Transfer Partners that the company must “put safety first before it benefits from another uncontrolled vehicle or distracted driver …”

In response to the lawsuit, the company issued a statement to CBS News: “Our heart goes out to all those affected by this tragic accident, however, an analysis of the reconstruction of the accident suggests that our employee was not to blame. We further refuse to discuss specific personnel or await a legal case. “

According to his death announcement, Jonathan Weaver was an accomplished team poet who had received a full rodeo scholarship from Howard College. He is survived by his parents, Patrick and Dalena Weaver, and his two sisters.

Darling was married and had a daughter. The family lived in Big Spring, where the electrician built a new house at the time of his death.

“James was highly respected, loved and cherished by everyone he came in contact with,” the death announcement said.

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