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Steve Kherkher - February 4, 2026
Early Saturday morning, a routine overnight roadwork operation on the Crosby Freeway turned tragic. Two construction workers were struck by a vehicle while performing pavement marking work, leaving one man dead and another fighting for his life. Incidents like this are a sobering reminder of just how dangerous roadway construction zones can be, and how devastating the consequences are when something goes wrong.
At Kherkher Garcia, we represent construction workers and families who have been permanently changed by preventable fatal construction accidents. This incident raises serious safety, liability, and legal questions that injured workers and grieving families deserve answers to. Below, our wrongful death attorneys provide information that families may find valuable after a fatal construction accident.
According to the Harris County Sheriff’s Office, the crash occurred early Saturday morning on the eastbound lanes of Crosby Freeway (US 90). At the time of the incident, construction crews were actively stripping pavement lane markings.
Authorities said one lane of traffic was fully shut down, while another lane was partially blocked to accommodate the roadwork. Despite these precautions, a driver in his early 20s reportedly swerved out of his lane and struck two workers who were in the roadway.
Sheriff Ed Gonzalez stated that deputies found no signs of intoxication. A standard field sobriety test was administered and confirmed the driver was not impaired. Witnesses reported that the driver stopped a short distance away after the collision.
Both workers – ages 32 and 40 – were airlifted by Life Flight to a downtown Houston hospital. Tragically, the 32-year-old worker later died from his injuries. The 40-year-old remains in critical but stable condition.
At this time, officials have stated that no criminal charges are pending. However, a lack of criminal charges does not mean there is no civil liability.
Highway and freeway construction zones are among the most hazardous workplaces in Texas. Workers are often just feet away from moving traffic, frequently at night or in low-visibility conditions. Even with cones, barriers, and signage, workers rely heavily on drivers to remain alert and follow traffic controls.
Common dangers in roadway construction zones include:
A single moment of human error can result in catastrophic injuries or death, as this fatal construction accident painfully demonstrates.
When a vehicle strikes a construction worker, the injuries are often severe or fatal. Survivors may face months or years of recovery, while families may be left grieving an irreplaceable loss.
Common injuries include:
Even when a worker survives, long-term disability, chronic pain, and lost earning capacity are common outcomes.
Construction workers who are injured in roadway accidents may have multiple legal options depending on the circumstances. These cases often involve overlapping areas of law, including workers’ compensation, third-party personal injury claims, and wrongful death claims.
If a construction worker survives a vehicle strike, they may be entitled to compensation beyond any applicable workers’ compensation benefits. Depending on the facts, a personal injury claim may be possible against:
Construction accident damages may include:
Importantly, even if a driver was not intoxicated or criminally charged, they may still be civilly liable for negligent driving. Victims and their families can learn more about their legal options by contacting a work injury or wrongful death attorney.
When a construction worker is killed on the job, surviving family members may have the right to pursue a wrongful death claim under Texas law. Eligible family members may include:
Wrongful death claims may seek compensation for:
In some cases, a separate survival action may also be available on behalf of the worker’s estate.
These claims are not about blame for its own sake. They are about accountability, financial security, and honoring the life that was lost.
Kherkher Garcia has a strong history of representing individuals and families harmed by preventable accidents involving vehicles, construction zones, and dangerous worksites. Our attorneys understand that these cases require more than surface-level investigation. We have successfully handled matters involving:
Our approach includes thorough investigations, collaboration with accident reconstruction and safety experts, and an unwavering focus on protecting our clients’ rights. While every case is different and outcomes can never be guaranteed, our firm is committed to pursuing justice with compassion and determination.
Yes. Civil personal injury and wrongful death claims are separate from criminal cases. A lack of criminal charges does not prevent a civil claim.
Workers’ compensation may apply if the employer subscribes to workers’ compensation insurance. Workers’ compensation does not prevent third-party claims against negligent drivers or other responsible parties.
Law enforcement investigates the crash at the scene. Civil attorneys often conduct independent investigations to identify all liable parties.
Texas generally has a two-year statute of limitations for personal injury and wrongful death claims. Exceptions may apply, which is why it is important to work with a skilled attorney.
While not required, insurance companies often work to minimize payouts or shift blame. Having legal representation can help protect your interests and ensure you receive fair compensation.
Roadway construction workers perform essential, dangerous jobs to keep Texas roads safe. They deserve protection when negligence leads to injury or death. What’s more, families deserve answers after a fatal construction accident.
At Kherkher Garcia, we are committed to standing beside injured workers and families navigating unimaginable loss. If you or a loved one were harmed in a construction zone or roadway accident, we invite you to contact our team for a free and confidential consultation. We are here to listen, explain your options, and help you take the next step forward with care and respect.
Start your free consultation now by calling us at 713-333-1030. You can also request more information by submitting our online contact form.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorneys Steve Kherkher and Jesus Garcia Jr., who have more than 50 years of combined legal experience championing the rights of those who have experienced catastrophic injury due to negligence.
Connect with a Kherkher Garcia trial lawyer today to pursue maximum compensation for your injury.
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