Buckled in her booster seat in the back of her family’s Toyota Camry, Moriah Modisette got the worst of the crash.
It was the day before Christmas 2014, and Moriah and her family — father James, mother Bethany and older sister Isabella — were in Denton County, Tex., headed south on Interstate 35W.
There was some kind of police activity ahead that brought traffic to a standstill, so James Modisette pressed the brake, bringing the car to a stop in the left lane.
Garrett Wilhelm never saw their brake lights, police believe.
The nearly 5,000-pound SUV tore into the Camry, then rode up over the driver’s side.
Everyone was injured, but Moriah and her father were wedged inside and had to be pried out by rescue workers.
“Bethany Modisette and Isabella Modisette visibly and audibly witnessed rescue workers’ grueling efforts to extract James Modisette and Moriah Modisette from the mangled vehicle, as well as … (their) serious and life-threatening injuries and struggles to stay alive,” the lawsuit says.