SAN MARCOS, Texas (KEYE) -- A lawsuit has been filed stemming from a double-fatal crash, involving an 18-wheeler in San Marcos last week. The incident happened last Friday on I-35 near McCarty Lane.
The parents of Olivia Vazquez, 28, who was killed in the crash are suing the trucking company.
It appeared to be a seemingly normal Friday morning when the tire on a dump truck carrying gravel on 1-35 blew out. This, says personal injury attorney Marco Crawford, just as 28-year-old Vasquez was on her way to work.
“She was actually right almost at the exit, so she was near her job whenever this collision occurred,” Crawford said. “She was moments away from exiting.”
After the tire of the truck blew out, the truck slammed into the concrete median and, according to the lawsuit, the 18-wheeler overturned and a massive clump of crushed gravel struck Vasquez’s windshield, causing catastrophic injuries.
The driver in the big rig also died at the scene and Crawford, representing Vazquez, who died when the truck’s load slammed into her car says she never had a chance.
“It was devastating,” he said. “I don’t think there was a way she could’ve survived, based upon how it happened. I think she survived for a little bit, is what it looks like, so this was a tragedy.”
Crawford says Vasquez was close to her family, on the brink of starting a new chapter in her life.
“She had just gotten engaged, so she was engaged to be married,” said Crawford. “She had siblings. She had loved ones; 28-year-old girl, bright future.”
Now, Crawford is suing El Carrizal Trucking on behalf of Vasquez’s parents.
He says he wants to send a message to truck companies that may cut corners when it comes to safety inspections.
“You have a truck with issues that, you know, a company that continues to have issues with their trucks, and they continue to put them on the roadway, and this is what happens,” Crawford said.
Crawford alleges the driver didn’t of the rig failed to properly inspect his vehicle.
“It appears as though one of the tires or more were slick, meaning they were bald,” he said. “There are federal regulations in place that say, ‘if you operate a commercial vehicle; if you operate an 18-wheeler, for instance, anytime you operate that, prior to putting that truck on the roadway, you have to inspect it,’ and part of the inspection is inspecting tires.”
Personal injury attorney Brad Bonilla is not part of this lawsuit, but he does deal with a lot of trucking accident cases.
He says there are a lot of safety concerns with the big rigs rolling through Austin.
“You have a truck that probably weighs about 80,000 lbs. and then you have a passenger vehicle that weighs four or 5,000 lbs., so any mistake, any mishap puts the driver in the passenger vehicle at risk of an extreme and catastrophic collision,” Bonilla said.
The lawsuit also alleges the driver was speeding and was distracted at the time of the crash and he had “poor driving history,” including a DWI charge in 2022.
As a result of their daughter’s death, the parents claim they have sustained severe injuries and loss. They are leaving the amount of money awarded up to the jury, but they do not believe it will be more than $100,000,000.