Lares Trucking, Texas, Faces Wrongful Death Lawsuit And May Be Charged Criminally Says 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.

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