The family of a truck driver who was killed in a fiery accident near Beaumont, Texas last month has filed a wrongful death lawsuit against the carrier he worked for, stating the carrier failed to properly maintain the equipment and didn’t give its drivers appropriate breaks, the suit alleges.
At approximately 4:47 am, on October 10, 2020, Jose Flores, 57, was driving on I-10 when his truck rolled over and burst into flames. Flores was ‘killed in a horrific fire that engulfed the cabin,” the Houston law firm representing Flores’s family stated.
The law firm said that the truck was owned by Total Chemical Service, Inc.
The lawsuit claims “hazardous chemicals being hauled by the 18-wheeler began leaking. The cabin then burst into flames trapping Mr. Flores in the cabin fire. Tragically, despite an off-duty Beaumont police officer’s attempts to free Mr. Flores, he was unable to be rescued from the fire and lost his life at the scene of the incident.”
The suit states that the trucking company failed “to monitor, repair and/or maintain the brake system,’ and didn’t replace ‘hazardous parts and/or materials on the tractor and/or trailer.”
The suit goes on to state that the trucking company didn’t give Flores appropriate breaks and required him to work 7 or more days in a row, leaving Flores fatigued and overworked.
“Mr. Flores was overworked and fatigued at the time of the incident,” a press release from the law firm states.
“A Temporary Restraining Order was filed on October 19, 2020 and has since been granted by a Harris County District Court judge to preserve the 18-wheeler and any evidence in the vehicle involved in the incident so that a team of investigators can perform the necessary inspections,” the press release states.
Family of 18-Wheeler Driver Killed in Fire Files Suit (Houston, TX) Houston attorneys Benny Agosto, Jr. and Angelina…
Posted by The Trial Lawyer magazine on Wednesday, October 21, 2020