The family of Montgomery County Sheriff's Deputy Erika Serrato has filed a wrongful death lawsuit against the commercial driver and several companies they say are responsible for her death on Interstate 45 near The Woodlands.
Serrato, 24, was fatally struck June 28 while directing traffic at a crash scene near the Woodlands Parkway exit around 2:52 a.m. She had served with the Sheriff's Office for six years and been promoted to deputy about six months before the crash.
Her parents, Leticia and Rodolfo Serrato, filed the lawsuit against driver Ian Perez, North Houston Pole Line L.P., Quanta Services Inc., Quanta Telecommunication Solutions LLC and Element Fleet Corporation, according to KPRC 2/Click2Houston.
The petition alleges Perez was traveling approximately 65 mph when he fell asleep behind the wheel and failed to see emergency lights, slow down, move over or brake. The lawsuit says he violated Texas' Move Over or Slow Down law, which requires drivers to change lanes or reduce speed when approaching emergency vehicles with flashing lights.
"Deputy Serrato dedicated her life to protecting others, and she deserved to return home safely," said Brant J. Stogner, the Houston attorney representing the family. "The lawsuit alleges that this tragedy occurred because a commercial driver fell asleep at highway speed and failed to heed the emergency lights ahead."
Attorneys claim Perez was acting within the course and scope of his employment for North Houston Pole Line, Quanta Services and Quanta Telecommunication Solutions at the time of the crash. The commercial truck was allegedly owned or registered by one or more of those companies and leased through Element Fleet Corporation.
The lawsuit also alleges the corporate defendants failed to properly hire, train, supervise and retain Perez, claiming the companies did not adequately review his driving history, monitor fatigue or hours of service, or ensure he was fit to operate a commercial vehicle during overnight hours.
The family is seeking wrongful death damages, survival claims on behalf of Serrato's estate and exemplary damages. Stogner and other attorneys were expected to discuss the case at a news conference Tuesday, Aug. 4, in Houston.
None of the named defendants have publicly responded to the lawsuit.
Mobile barriers proposal heads to budget workshop
Serrato's death has also pushed Montgomery County officials to consider purchasing roughly $1.95 million in mobile barrier trucks to shield first responders at highway crash scenes. Sheriff Wesley Doolittle urged commissioners to act at their July 23 meeting, saying traffic management is top of mind and he supports any measure that improves safety, according to the Houston Chronicle.
The request is urgent.
Jason Millsaps, executive director of the Montgomery County Office of Emergency Management, requested three units covering the Texas 249 corridor, I-45 and Interstate 59/69. Each tractor-trailer rig costs about $650,000, with 24-hour staffing adding roughly $375,000 per unit annually.
Commissioners deferred the proposal to their Wednesday, Aug. 12 budget workshop.
