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How Speeding, Overinflated Tires, and Failure of an Airbag to Deploy Left One Man Dead and Son Severely Injured

This case arises out of a fatal, near head-on, automobile crash that occurred in January of 2013 in Texas. On January 9, 2013, a father and his son were traveling home from work in their Ford truck. At the same time, another man, while in the course and scope of his employment, was traveling in the opposite direction on the highway in his Dodge truck.

This particular highway in Odessa, Texas, was a two-lane, straight level, two-way, not-divided state loop comprised of one travel lane in each direction with a center stripe divider separating the lanes, and a left turn lane for northbound traffic. The father, who was the driver of the Ford truck, was traveling in the center turning lane to turn left. Suddenly and without warning, the man driving the Dodge truck hydroplaned, skid across the road, over the center line and into the oncoming lane of traffic, striking almost head-on the vehicle in which the father and son were traveling. More specifically, the right front side of the Dodge truck struck the left front side of the Ford truck, slamming violently into the Ford. Investigation later uncovered that the driver of the Dodge truck was speeding, given the harsh, rainy weather conditions, and the tires on the vehicle were grossly overinflated according to manufacturer specifications.

Upon impact, the driver-side airbag of the Ford truck failed to deploy. Instead of the driver-side airbag deploying and protecting the father, he was thrust into the vehicle’s steering wheel. The son’s passenger-side airbag did deploy upon impact. The sudden and violent impact resulted in the severe injuries to and eventual death of the father, and severe injuries to his son.

As a result of this serious, fatal, near head-on, automobile crash, the lives of the father’s family that he left behind have changed forever. The son, who was with his father on that fateful day, will never forget the horrific images of witnessing his own father’s death.

Benny Agosto, Jr. had the privilege of representing the son, along with the rest of the father’s family in a lawsuit that lasted for over two years against the negligent driver, his employer, and the manufacturer of the vehicle the father was driving. Mr. Agosto was able to secure an individual settlement for each of the clients against the driver’s employer, which helped compensate his clients for the serious physical and emotional injuries they sustained as a result of the fatal crash.

Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, Texas. For over 65 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. For more information, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at 713-396-3964.

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