Austin, TX (Law Firm Newswire) August 5, 2016 – Deborah Jackson collided with an over width, over length mobile home being transported on FM 535. It should never have been on the road.
The mobile home, being moved from one location to another by Lechuga Construction, extended across the center stripe. The truck was not traveling on a state approved highway and the permit they did have did not allow them to be on FM 535.
According to the Texas Department of Transportation’s (TxDOT) certified crash report, the truck and its load was over length and over width. Both Jackson and her 13-year-old son were killed in a crash that was preventable and would still be alive but for the fact that Lechuga Construction ignored direct instructions from the Texas Department of Motor Vehicles (Texas DMV). Two other children in the Jackson vehicle survived.
Texas DMV clearly instructed Lechuga Construction not to use FM 535 to move the double-wide home. In fact, an approved route to transport such a large route was generated by DMV computers for construction company owner, Alejandro Lechuga.
“Lechuga called DMV asking for a manufactured mobile home permit and told the DMW operator his load was 16 feet wide, which is considered to be a double-wide,” outlined Brooks Schuelke, an Austin wrongful death and trucking accident lawyer, not involved in the case. His request for a permit was recorded and revealed the further information that his approved route would have been to head down State Highway 304 south to I-10 east then back up State Highway 95 north to his final destination.
Wanting a more direct route, Mr. Lechuga is heard asking the operator about using FM 535. He was told the route he was asking about was restricted as were all other farm roads. In fact, FM 535 has an 11-foot wide restriction and Lechuga’s load was 16 feet wide. “A 5 foot difference might not seem like much,” added Schuelke, “but that extra 5 feet killed two people because the driver, George Collazo Segovia, was in a hurry to get his load to his destination and took a restricted short cut.”
Lechuga Construction is still transporting mobile homes despite this accident and several other federal safety violations.
When it comes to determining fault in an accident such as this one, there needs to be negligence involved on the part of the defendant. “In this case, considering the facts, Lechuga flaunted road restrictions in a deliberate manner and did what he was told he could not do. Rules and regulations are intended to keep others using the same roads safe,” said Schuelke. “It’s likely the husband would win a wrongful death lawsuit.”
Learn more at http://www.civtrial.com
Perlmutter & Schuelke, PLLC
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
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