HOUSTON, TX (KTRK) — The family, who lost a young boy after a cement truck fell off Beltway 8 on Aug. 5, said they are seeking more than $1 million in damages after filing a civil suit.
Terry Bryant, the family attorney, alleges the cement truck driver failed to adjust his speed to the rainy weather conditions and was negligent.
“Her life changed instantly,” Bryant said.
His office filed a civil suit against Kingwood-based National Ready Mix LLC.
“The ready mix driver was probably speeding in the rain and lost control of the vehicle,” Bryant said.
The accident happened on August 5th. The cement truck pulled off the Beltway and landed on top of the family’s SUV down Woodforest Blvd.
Witnesses from nearby shops rushed to help but could only get Nicolas’ twin sister from the back seat, where both children were in car seats.
“It’s still hard for us to process everything. Doing everyday things without him being here. Or just seeing one and not the other, it’s hard,” said the twins’ aunt Esmerelda Resendiz.
They said that there is a hole in their house where the brother and sister used to go, eat and play together.
Bryant said he was hired to help protect the family as National Ready Mix is already using attorneys to protect their business.
The company has not responded to ABC13’s request for comment.
A search of their safety record found three crashes in the past two years, but none of them were fatal. The Harris County Sheriff’s Office said they are still investigating the crash.
The cement truck is still being processed by the commercial vehicle together with the black box.
Their findings will be presented to a grand jury to decide whether or not to criminally charge the 36-year-old driver, who has not been named.
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https://abc13.com/houston-crime-child-killed-cement-truck-falls-on-family-vehicle-lawsuit-filed-against-national-ready-mix-llc-of-kingwood/12118400/ Baby killed when cement mixer fell on family’s SUV: Attorney says ‘her life is about to change’ in East Harris County crash