The occupants of two cars traveling on Interstate 635 in north Texas had no idea how their lives would change on the morning of Sept. 10. As they were traveling down the highway, they became involved in an accident with a dump truck that was traveling on the same highway. When the lives of the people in those three vehicles intersected, none of them would ever be the same.
For an as yet unconfirmed reason, the dump truck ended up jumping over the barrier between the two directions of traffic on the interstate. It landed on two cars. Reports relayed that the two vehicles were partially trapped underneath the dump truck. An 83-year-old man and his 81-year-old wife were killed in the crash.
The driver in the other car was trapped, and when he was freed by emergency personnel was taken to an area hospital. Amazingly, the man walked away from the accident with only some scrapes, bruises and bumps. There was no report on the condition of the dump truck driver.
Police believe it is possible that the empty dump truck was trying to avoid colliding with a stalled vehicle on his side of the north Texas interstate. The police investigation is ongoing, but it is possible that a grand jury could charge the dump truck driver with criminally negligent homicide. The truck belongs to Rizo Trucking, which is subcontracting on the LBJ Express project.
Regardless of the outcome of any criminal inquiry, the family of the deceased couple has the right to file a wrongful death claim against the driver of the dump truck and possibly even his employer. When an accident occurs during the course of employment, the responsible party's employer may also be found at least partially responsible for any injuries or deaths that occur. If the family prevails in their civil action, they may recover the expenses they incurred when they unexpectedly lost their loved ones.
Source: myfoxdfw.com, Fatal accident shuts down LBJ, survivor talks to FOX4, Tracy Delatte, Natalie Solis and Chelsea Kretz, Sept. 10, 2013