I35 crash victim spent 25th birthday in a coma, attorney says
Mar 27, 2025
AUSTIN (KXAN) — Francisco Villalobos, 29, and Priscilla Davila, 25, boyfriend and girlfriend, were two of the 11 people seriously injured when a tractor trailer slammed into nearly stopped traffic on I-35 in north Austin on March 13.
"This happened the night before Priscilla's 25th birthday," t
he couple's attorney, Aaron von Flatern, with FVF Law said. "So she actually spent her 25th birthday in the ICU in a medical coma."
They were driving a Toyota sedan, which is "pretty much unrecognizable at this point," according to von Flatern.
He said crews had to cut Villalobos from the vehicle. They're both recovering.
"In these cases, in the beginning, there's a lot of attention. People are coming to the house with food, going to the grocery store," von Flatern said. "But eventually, they have to go back to their own lives, their own jobs, so eventually, for people who are critically injured like this, they feel their world getting smaller. There's a very long road they have to face."
Priscilla Davila and Francisco Villalobos
ANOTHER LAWSUIT: Man injured in deadly I-35 crash files $100 million civil lawsuit against driver, Amazon, ZBN Transport
Von Flatern added he believes Villabos and Davila are "amazing" clients and people and said "it's been really touching to see them take care of each other."
Quick facts about the crash
Below is a summary of the deadly March 13 crash.
Five killed, including a child and an infant
At least 11 injured
Driver of tractor-trailer hauling Amazon load arrested on intoxication manslaughter, assault charges
Driver: Solomun Weldekeal-Araya, worked for third-party carrier ZBN Transport LLC
Crash happened on I-35 southbound near Parmer and Howard in a construction zone where traffic merged from three lanes to one
Liability?
Officials examine the aftermath of a fatal crash on I-35 southbound near Parmer Lane on Friday, March 14, 2025. (Photo courtesy Jay Janner/Austin American-Statesman)
The bulk of the Villalobos and Davila lawsuit targets Amazon. Araya was working for a third-party carrier hauling an Amazon load at the time of the crash. Amazon has reiterated to KXAN multiple times that Araya was not an Amazon employee.
"Amazon and companies like Amazon are attempting to run these massive logistics operations… using an army of third-party contractors... that are minimally insured, minimally supervised, minimally vetted," von Flatern said.
The lawsuit maintains Amazon is at least partially responsible for the crash, because "Araya's operation of the subject tractor-trailer was tracking and controlled by" Amazon through the technology independent carriers use to deliver for Amazon.
‘Wiping out generations’: Attorney for people killed in crash going after trucking companies, construction
A spokesperson for Amazon said the company cannot comment further on this case beyond its original statement of "this is a horrible tragedy, and our thoughts are with all those involved. We're cooperating with all investigations."
However, the company did direct us to a portion of its website that lists out what Amazon requires of third-party carriers that haul Amazon loads. Some of those are listed below:
Minimum behavior analysis and safety improvement scores
A Department of Transportation (DOT) number that has been active for at least 180 days
Various insurance coverages
Federal safety ratings of "satisfactory," "none" or "not rated"
The website also said, "Amazon uses a variety of tools, including our internal compliance teams and a third-party compliance monitoring service, to validate and continually monitor carrier compliance."
In addition to Amazon, the lawsuit goes after ZBN Transport, Araya himself and Pulice Construction, which the lawsuit states controlled the temporary work zone where the crash happened.
"Typically, these third-party carriers are carrying $1 million or less in insurance, which we all know is not enough to cover a case like this," von Flatern said.
ZBN has previously told KXAN that Araya passed a background check. The company has continually responded "no comment" to our follow-up questions.
Mugshot of Solomun Weldekeal-Araya, 37 (APD photo)
The suit notes Araya's arrest affidavit, which indicates police believe he was on drugs — some kind of depressants — at the time of the crash and had previous "hours of service" violations, which means he drove more than his allotted hours on multiple occasions. The suit also notes a speeding ticket Araya got in Wilmer, Texas, for driving 63 miles per hour in a 30-mph zone.
“My investigation is just beginning, and I cannot assume that the police or NTSB have been thorough or accurate in theirs,” Bristol Meyers, Araya’s attorney, told KXAN last week.
Regarding Pulice Construction, the suit alleges the construction operation "provided inadequate distance and/or warnings to allow drivers to react."
KXAN has reached out to Pulice and will update this story when we receive a response. ...read more read less