On September 2013, an elderly couple was driving down a highway in Dallas
with heavy construction when a dump truck crossed a median and collided
with their car. The couple was instantly killed. While their family is
still grieving, there are many questions that are left unanswered, especially
regarding who was at fault. Their son, Tim M., described to a local news
station how his life and the lives of his siblings have been completely
turned upside down over the course of this case. As they continue to struggle
through a difficult court battle, Attorney R. Dean Gresham remains resolute
in his advocacy for them.
Who is to blame for the accident?
Jose R. was the 19 year-old truck driver of the dump truck. He was charged
with criminally negligent homicide, however, he denied all responsibility.
When Attorney Gresham pressed him on who he believed was responsible for
the accident, he claimed it was the car that cut him off.
Attorney Gresham is working to make the case that defendant had no right
to be on the road in the first place. Jose R. possessed a commercial driver’s
license, but his employer had failed to complete any of the necessary
paperwork for him to legally be on the jobsite. Attorney Gresham explained
to the court that Jose R. had not received training, a drug test, and
had no medical certificate, all required by state to operate a vehicle
on construction sites.
It was also uncovered that Jose R. was hired by his uncle, Santiago R.,
the owner of Rizo Trucking. However, Santiago claimed that he didn’t
know about the laws in place. When investigators interviewed Austin Bridge
and Road, Inc. the company who had hired Rizo Trucking, they claimed that
their employers and contractors met all state standards. However, Rizo
Trucking was a subcontractor, and Austin Bridge and Road, Inc. required
no paperwork from them.
As such, the blame then fell on the main contractor for the project, Trinity
Infrastructure. Despite the fact that it seemed the case would be resolved,
Trinity Infrastructure claimed that they were unaware that Rizo Trucking
had been hired.
While the blame continues to be shifted around, the family of the deceased
elderly couple continues to wrestle through their unresolved grief. Attorney
Gresham is standing firm in his approach though, fiercely pursuing all
parties involved until the liable party is identified.