HOUSTON – A lawsuit has been filed against a Friendswood trucking company and a Houston contractor after a Jefferson County reserve constable deputy was killed in a crash involving an 18-wheeler on I-10 in Chambers County.
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The crash happened on Friday.
Reserve Deputy Heather Avery was helping manage traffic along the interstate in the Winnie area when her vehicle was struck by an 18-wheeler. Avery died in the crash.
On Monday, a lawsuit was filed by Brent Coon & Associates on behalf of Avery’s husband, Troy Stutes.
The lawsuit alleges the driver of an industrial 18-wheeler owned by SWI industries of Friendswood plowed into her vehicle in a construction zone.
It is alleged in the lawsuit that the driver was completely inattentive when entering the construction zone, traveling at an excess rate of speed and failed to recognize that Avery’s vehicle was even there, in spite of the red and blue lights flashing on the car.
The lawsuit also claims that the highway contractor, Williams Brothers Construction of Houston, had not properly secured the area nor provided a crash truck at the scene to deflect traffic.
“Heather Avery was a true community citizen, and this horrific incident was totally avoidable at several levels and there will be accountability. We have already reached out to the Chambers County District Attorney’s office over the matter as well for potential criminal charges,” said Lead Attorney Brent Coon.
“It is imperative in cases such as this to file suit immediately in order to obtain injunctive protection so that evidence associated to the incident isn’t damaged, lost or destroyed,” Coon continued. “This includes cell phones, vehicle cameras, GPS tracking and OnStar tracking, internal company tracking devices, operating and maintenance logs, and the vehicles involved for further inspection.”
“I want justice for my wife for this senseless death. Heather was always by the book and this would never have happened if the trucking company and highway contractor went by the book as well,” Stutes said.
A procession in Avery’s honor is scheduled to take place Wednesday in Beaumont.