Phillip Lynn Henson, of Pearland, Texas (near Houston), was killed on Tuesday, May 29, 2013. He was hauling a load when he pulled over to the side of the road to check his load. It is not uncommon for a load to shift or slide after hitting a bump in the road and the only safe thing a Truck driver can do is pull his rig over and make sure it is secure. Otherwise, a loose load can cause a hazard to other drivers and the tractor-trailer as well.
As Henson was checking the load on his truck, another 18 wheeler, driven by Jose Moctezuma-Juarez, struck both Henson and his parked 18 wheeler. This happened along Highway 6 around 5 p.m, which raises a number of questions as to how Moctezuma-Juarez failed to see a parked 18 wheeler on the roadside and failed to avoid it.
This accident highlights how dangerous it can be to stop along the side of major Texas highways. Even though there is a shoulder provided and there is plenty of room for a vehicle to stop safely there, it is not uncommon at all to see other drivers swerve off the road and strike pedestrians and parked vehicles alike.
On long drives, it is not uncommon to suffer from driver fatigue. Professional drivers, such as 18 wheeler drivers, are particularly susceptible since they spend long hours on over-the-road hauls. In an accident such as this, there may be ‘black box‘ evidence that can tell us the driving speed and patter of the Moctezuma-Juarez vehicle. However, this evidence, if not preserved, can disappear.
If they truly want answers to the question “why,” then it is very important that the family of the victim seek a Houston truck accident lawyer to get a jump on preserving the evidence before it is lost forever. Simmons and Fletcher handles these types of cases and offers a free consultation. No fees are charged unless we win the case.