Lares Trucking, Texas, Faces Wrongful Death Lawsuit And May Be Charged Criminally Says Perlmutter & Schuelke, PLLC
Jul 28, 2015
Austin Personal Injury Lawyers – Perlmutter & Schuelke, PLLC
Austin, TX (Law Firm Newswire) July 28, 2015 – Clark Davis died at the scene of an accident involving a big rig hitting a bridge that was built too low. A wrongful death lawsuit has been filed against the trucker, the trucking company, based in Crowley, Texas, and the construction company building the bridge at the overpass.
The accident happened in Salado at the FM 248 overpass. The big rig was too high for the overpass and the overpass too low when compared to normal specs for other bridges along that and other routes. The semi crashed into the bridge support beams, causing one of them to fall on top of the car being driven by Davis. Davis left behind two young children.
The statement of claim alleges that Lares Trucking and its driver, Valentin Martinez, acted negligently in hauling an improperly-secured and over-height load on the interstate. When loads such as the one Lares was attempting to haul are to be transported, it is required that the trucking company contact the Department of Transportation and have them work out a safe route for the vehicle. Apparently that was not done in this case.
The load Martinez was hauling was a straight boom lift, noted for its capacity in offering an extended horizontal reach, and used in the construction industry and industrial areas where there is limited access in certain situations. It features an 8-foot self-levelling platform.
“The bridge had a posted clearance of 13 feet, 6 inches. The estimated load height was 14 feet, 7 inches. An average semi is 13 feet, 6 inches high. There was no way that truck would have made it under the bridge that day; and the bridge, being reconstructed as part of a project to widen I-35, was too low,” said Austin personal injury attorney, Brooks Schuelke of Perlmutter & Schuelke, PLLC, not involved in the case. There were plans to lower the roadway to adjust the clearance.
A fully loaded big rig may weight up to 80,000 pounds, and once it hits something, it keeps moving and causing further damage. Often collateral damage in these cases is very serious as well.
“On the face of the evidence, the Davis family is like to have a verdict in their favor for the wrongful death of their son. Negligence is apparent in a number of ways and should those facts be backed up in court, the case speaks for itself,” said Schuelke.
Learn more at http://www.civtrial.com
Perlmutter & Schuelke, PLLC
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
- This Is A Terrifying Trucking Idea
I’ve heard bad ideas, but this might be the worst — letting teenagers drive trucks across the country. The trucking industry is currently pushing legislation that would allow drivers as young as 18 years old to drive trucks in interstate commerce — across state lines. I don’t have anything against teenagers. In fact, I have […] - Off Topic: Lessons From Boy Scout Camp
I was lucky enough to accompany my son and 26 other scouts to scout camp this year. We started in Boston on July 4, and then we bussed up to Eddington, Maine to spend a week at Camp Roosevelt, a local boy scout camp. I hesitate to call it a vacation, there were 200+ kids […] - What Is A Life Care Planner?
Many of our more serious cases require a life care planner. A life care planner is an expert witness, usually a doctor or nurse or combination of the two, who sets out the likely care that you’ll need for the rest of your life. It can include things such as surgeries, physical therapy, follow up […]
