Unmarked Construction Hazard Results in Death From a Broken Neck
Mar 16, 2021
Austin, TX (Law Firm Newswire) March 16, 2021 – A wrongful death lawsuit was filed by the family of Houston Rockets scout Brent Johnson. An unmarked construction hazard caused his bicycle to crash, resulting in a broken neck.
Johnson was 65 at the time of his death, and the family’s wrongful death attorney indicated that the accident was completely avoidable had the hazard been clearly and properly posted with warnings. Johnson usually rode his bike at least 30 miles a day and was always careful to wear a helmet.
The sidewalk section where Johnson died was not lit and did not have barriers or adequate warnings to prevent cyclists or walkers from entering the area. By not posting warning signs, the construction company failed to comply with existing safety standards. When Johnson’s front tire encountered the open, unfinished sidewalk area, he crashed, causing him to fall and break his neck, dying at the scene of the accident.
The wrongful death lawsuit alleges that the construction company named in the lawsuit was negligent and grossly negligent for failing to properly mark a section of unfinished sidewalk on Almeda Parkway – a section that laid bare a gutter with “deep depressions and sharp concrete beams.” The lawsuit further alleges that the construction company did not provide reasonable warnings about the dangerous sidewalk, did not comply with prevailing safety standards and permitted a dangerous condition to exist.
“In Texas, wrongful death claims can be filed by certain parties if the death is caused by the wrongful act, carelessness, neglect, unskillfulness, or default of another person or company,” explained Austin wrongful death attorney Brooks Schuelke, who is not involved in this case. Those who may file a wrongful death lawsuit include a surviving spouse and the deceased’s children and parents. “Siblings of the deceased cannot file a wrongful death claim,” he added.
Each wrongful death claim is different and depends on the circumstances of the case as to the length of time a case takes to resolve or settle or go to court. Wrongful death lawsuits are not filed to seek revenge. They are filed to send a message to others, such as a negligent company, about a situation that never should have happened and should not be repeated. “If you have lost a loved one in an accident, please talk to us. We can outline your legal rights and help you to seek a resolution to your loss,” added Schuelke.
Schuelke Law PLLC
3011 N. Lamar Blvd
Austin, TX 78705
Call (512) 476-4944
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