Created: 3/31/2008 5:00:25 PM 
By Jackelyn Barnard First Coast News
JACKSONVILLE, FL -- A local family is taking on one of NASCAR's biggest names following a rear end crash by a tractor trailer.
In November 2006, Michael Harris and his son, 21 year old Chris, were driving in their pick up truck headed south on Interstate 95 in St. John's County.
Harris was several cars in front of a Champion tractor trailer. Traffic started to back up and slow down on the interstate.
Harris' lawyer, Charles Sorenson, says he slowed down to, going about 15 miles per hour and then pulling on to the shoulder.
The only problem, Sorenson says is the semi didn't slow down with everyone else.
"The driver had to be not literally asleep at the wheel but figuratively because (he) exited onto the shoulder going 70 miles per hour," says Sorenson.
Sorenson says the impact was so severe, the bolts in the pickup's seat, which hold it down to the floor, were broken.
Both father and son were wearing seatbelts, but both went to the hospital. Both are still being treated for neck and back injuries.
"Their pickup truck is literally obliterated. They're pushed across two lanes of traffic to the median and across again," says Sorenson.
According to the lawsuit, JR Motorsports is the owner of the tractor trailer. The owner of JR Motorsports belongs to NASCAR's Dale Earnhardt, Jr.
Sorenson says Dale Earnhardt, Jr. will most likely be deposed in the case.
JR Motorsport's team told First Coast News it has received the lawsuit, but will not make any other comment at this time.
The driver of the semi, Ricky Mace, is also being sued.
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