MONTGOMERY COUNTY, Texas – The family of fallen Montgomery County Sheriff’s Deputy Erika Serrato has filed a wrongful death lawsuit against a commercial driver and several companies, alleging negligence led to the 24-year-old deputy’s death while she was working a crash scene on Interstate 45.
According to a news release from the Houston law firm representing Serrato’s parents and her estate, the lawsuit was filed against North Houston Pole Line, L.P., Ian Perez, Quanta Services, Inc., Quanta Telecommunication Solutions, LLC, and Element Fleet Corporation.
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Serrato’s parents, Leticia and Rodolfo Serrato, are seeking damages for the loss of their daughter, while her estate is seeking damages for the injuries she allegedly suffered before her death.
Deputy was assisting at crash scene
Serrato, who had served with the Montgomery County Sheriff’s Office for six years and had been promoted to deputy about six months before the crash, was responding to assist with a multi-vehicle crash on I-45 North in the early morning hours of June 28.
Authorities previously said she was outside her patrol vehicle with emergency lights activated when she was struck by a commercial truck around 2:52 a.m. She was taken to a hospital with critical injuries and later died.
Her death prompted an outpouring of support across the Houston area and led to a Montgomery County DWI enforcement initiative in her honor.
What the lawsuit alleges
According to the lawsuit, Perez was driving approximately 65 mph when he allegedly fell asleep behind the wheel and failed to:
- Keep a proper lookout.
- See emergency lights ahead.
- Slow down or move over.
- Apply the brakes or steer away from Serrato.
The lawsuit alleges Perez violated Texas’ Move Over or Slow Down law, which requires drivers to slow down or change lanes when approaching emergency vehicles displaying flashing lights.
The petition also alleges 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. Attorneys claim the commercial truck was owned or registered by one or more of those companies and leased through Element Fleet Corporation.
In addition to claims against Perez, the lawsuit alleges the corporate defendants failed to properly hire, train, supervise and retain him. Attorneys claim the companies did not adequately review his driving history, monitor fatigue or hours of service, or ensure he was fit to safely operate a commercial vehicle during the overnight hours.
The lawsuit seeks damages for wrongful death, survival claims on behalf of Serrato’s estate, exemplary damages, court costs and other relief allowed under Texas law.
Attorney: ‘She deserved to return home safely’
“Deputy Serrato dedicated her life to protecting others, and she deserved to return home safely,” attorney Brant J. Stogner said in a statement. “The lawsuit alleges that this tragedy occurred because a commercial driver fell asleep at highway speed and failed to heed the emergency lights ahead. We are committed to seeking answers, accountability, and justice for Erika’s family.”
Attorneys representing the Serrato family are expected to discuss the lawsuit during a news conference Tuesday morning in Houston.