A tragic cement truck crash in Houston is a stark reminder of the dangers posed by commercial vehicles, particularly large concrete mixer trucks. On Tuesday afternoon last week, tragedy struck when the driver of a cement truck allegedly ran a stop sign, crashing into a Toyota Corolla and killing the driver. Police say the cement truck driver disregarded a stop sign before slamming into the Corolla. The passenger in the car survived and was taken to the hospital in stable condition.
These heavy-duty trucks can cause catastrophic damage when operated negligently. In this article, the truck accident attorneys at Kherkher Garcia explore the hazards associated with cement truck accidents, the legal implications of running a stop sign, wrongful death laws in Texas, and how our attorneys help grieving families seek justice.
Houston Cement Truck Accident Information
The fatal accident occurred Tuesday afternoon in southeast Houston when a cement truck driver allegedly ran a stop sign, causing a deadly collision. According to the Houston Police Department, the crash happened around 1:35 p.m. at the intersection of Schurmier Road and Cullen Boulevard.
Authorities report that the driver of a white International concrete mixer failed to stop at a posted stop sign while traveling east on Schurmier. The truck struck a Toyota Corolla traveling north on Cullen Boulevard. The 69-year-old driver of the Corolla was pronounced dead at the scene. A passenger in the Corolla was injured and is currently in stable condition.
Police questioned the cement truck driver at the scene and determined that intoxication was not a factor. The incident remains under active investigation. This tragic event highlights the devastating consequences of traffic violations involving large commercial vehicles.
Why Concrete Truck Accidents Are So Dangerous
Concrete mixer trucks are among the most dangerous commercial vehicles on the road. Unlike standard semi-trucks, cement trucks carry constantly rotating drums filled with heavy, wet concrete. This creates a unique set of hazards:
- Excessive Weight: A fully loaded concrete mixer can weigh over 60,000 pounds. This massive weight means that even at low speeds, a cement truck can cause catastrophic damage in a collision.
- High Center of Gravity: Concrete trucks are prone to rollovers due to their high center of gravity. Sudden stops, turns, or swerving to avoid obstacles can easily cause the truck to tip over—posing a serious threat to nearby vehicles.
- Longer Stopping Distances: Because of their size and weight, cement trucks require significantly more distance to stop safely. If a driver is distracted or fails to follow traffic signals, they may not be able to stop in time to avoid a collision.
- Limited Visibility: Concrete truck drivers often have limited visibility, particularly around the rear and right-hand side of the vehicle. This makes it more difficult to spot smaller cars, pedestrians, or cyclists.
These factors make it essential for concrete truck drivers to follow all traffic laws and operate with extreme caution. A moment of negligence – such as failing to stop at a stop sign – can result in irreversible tragedy.
Common Causes of Concrete Truck Accidents
While every accident is unique, many cement truck collisions are linked to preventable causes, including:
- Driver fatigue: Long hours and demanding schedules can lead to dangerous levels of exhaustion.
- Distracted driving: Cell phone use, eating, or looking away from the road can cause deadly mistakes.
- Improper training: Inadequate driver training increases the risk of losing control or misjudging stopping distances.
- Speeding or aggressive driving: Given the weight and power of concrete trucks, any excessive speed is inherently dangerous.
- Mechanical failure: Poorly maintained brakes, steering, or tires can contribute to accidents.
- Running stop signs or red lights: As illustrated in the recent Houston crash, failing to obey traffic signals can be fatal.
When a driver or their employer fails to uphold safety standards, they can and should be held legally accountable.
Failing to Stop at a Stop Sign: A Clear Act of Negligence
In the Houston accident, authorities stated that the cement truck driver “disregarded a stop sign” before colliding with the victim’s vehicle. In legal terms, this is a textbook example of negligence.
What Is Negligence?
Negligence occurs when a person or company fails to exercise reasonable care, resulting in harm to another party. In the case of motor vehicle accidents, running a stop sign violates basic traffic laws and endangers others on the road.
To establish negligence in a civil case, four elements must be proven:
- Duty of Care: The truck driver had a duty to follow traffic laws and operate safely.
- Breach of Duty: Running a stop sign is a clear breach of that duty.
- Causation: The breach directly caused the fatal collision.
- Damages: The victim died, and their family suffers immense emotional and financial loss.
When these elements are present, surviving family members may have grounds for a wrongful death claim under Texas law.
Wrongful Death Claims in Texas
In Texas, the law allows certain surviving family members to file a wrongful death lawsuit when someone is killed due to another party’s negligence. This legal action is designed to help families recover compensation and hold negligent parties accountable.
Who Can File?
According to Texas Civil Practice and Remedies Code § 71.004, the following individuals may file a wrongful death claim:
- Spouse of the deceased
- Children (biological or legally adopted)
- Parents of the deceased
If none of these individuals file a claim within three months, the executor of the estate may bring the lawsuit on behalf of the estate and beneficiaries.
What Damages Can Be Recovered?
Wrongful death claims may seek compensation for:
- Loss of financial support (income the deceased would have provided)
- Loss of companionship and love
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses incurred before death
In cases involving gross negligence, families may also pursue exemplary (punitive) damages to punish the wrongdoer and deter similar conduct.
Can the Truck Driver or Company Be Held Liable?
Yes. In commercial vehicle cases, both the driver and their employer may be held legally responsible. If the cement truck driver was on duty at the time of the crash, as is likely in the Houston incident, their employer could face liability under the legal doctrine of respondeat superior, which holds companies responsible for the actions of their employees.
Additionally, the company could be independently liable if they:
- Hired an unqualified or untrained driver
- Failed to properly maintain the vehicle
- Pressured the driver to meet unrealistic deadlines
- Did not enforce safety protocols
Uncovering these violations often requires thorough investigation, including reviewing driving logs, maintenance records, and the truck’s onboard data.
How Kherkher Garcia Can Help Families After a Fatal Cement Truck Crash
At Kherkher Garcia, we understand that no amount of money can replace a lost loved one. However, pursuing justice through a wrongful death claim can provide grieving families with:
- Accountability: Holding negligent drivers and companies responsible.
- Closure: Knowing the truth has been revealed through a full investigation.
- Security: Recovering financial support to cover lost income, medical bills, and future needs.
Our Approach
Our legal team has decades of experience handling wrongful death and catastrophic injury cases involving commercial vehicles. We take swift action to:
- Preserve critical evidence before it is lost or destroyed
- Work with accident reconstruction experts and trucking safety professionals
- Identify all liable parties and insurance carriers
- Build a compelling case for maximum compensation
We also work on a contingency fee basis, meaning you pay nothing unless we win your case.
Don’t Wait – Texas Has a Statute of Limitations
In Texas, wrongful death claims must generally be filed within two years from the date of the victim’s death. Missing this deadline can bar the family from ever recovering compensation. That’s why it’s important to speak with an experienced attorney as soon as possible.
Contact Kherkher Garcia Today for a Free Consultation
If your loved one was killed in a cement truck crash or other commercial vehicle crash, you don’t have to face this difficult time alone. At Kherkher Garcia, we are here to help you hold those responsible accountable and pursue the justice your family deserves.
Call us today at 713-333-1030, or fill out our online contact form to schedule a free, confidential consultation. Let us stand by your side and help you take the first step toward healing and justice.
