Houston Judge Awards $4 Million in Wrongful Death Crash

On October 13, 2012, two men were killed in a two-part traffic collision on Highway 290 in Houston, Texas, within a construction zone. The first decedent, a 45-year-old garage-door repairman, was driving a Ford Explorer when he rear-ended a Chevrolet Silverado. Both drivers exited their vehicles, which remained in the right lane due to the absence of a shoulder. Shortly thereafter, a third vehicle, a Lincoln Navigator driven by an intoxicated driver with a blood alcohol concentration of 0.167, struck the Explorer and its driver, propelling the Explorer into the Silverado, which then struck its passenger, the second decedent. Both the Explorer driver and the Silverado passenger died instantly.

The families of both deceased men filed a wrongful death lawsuit, initially against various parties including the intoxicated driver and construction companies responsible for the Highway 290 work zone. The plaintiffs alleged the intoxicated driver was negligent and grossly negligent for driving while intoxicated, excessive speed, and failing to avoid the collision. They also claimed the construction companies, which included Williams Brothers Construction Co. Inc., Interstate Barricades & Markings Inc., and I.S. Engineers LLC, were negligent. The plaintiffs asserted the construction companies failed to comply with safety regulations, provide adequate warnings, clear debris, and offer an emergency lane, which allegedly trapped the initial accident vehicles in a live traffic lane.

Prior to trial, some plaintiffs settled with the construction companies for undisclosed amounts, and other claims against the construction companies were dismissed. A summary judgment on liability was granted against the intoxicated driver. The case then proceeded to a bench trial solely on damages. The intoxicated driver did not appear for the trial. The court subsequently awarded the plaintiffs $4 million in damages. The award was distributed as $1 million to the adult son of the Silverado passenger, $2.5 million to the widow of the Explorer driver, and $500,000 to the minor son of the Explorer driver. The intoxicated driver's insurance, with limits of $30,000 per person and $60,000 per accident, was exhausted before the judgment.