Death By Out Of Control Dump Truck Results in Driver Being Found Guilty of Criminally Negligent Homicide
The Court of Appeals of Texas of the First District of Houston issued an opinion on February 18, 2010 in its finding the driver of a dump truck employed by the City of Houston guilty of criminally negligent homicide. The Court found that the driver used a deadly weapon, namely a motor vehicle, during the commission of this tragic offense.
The facts indicate that on the morning of October 24, 2006, the driver of the truck, a laborer employed by the City of Houston, was traveling in a city dump truck when it sped recklessly into another vehicle. As it approached an intersection controlled by a red light, other vehicles were properly stopped and at a standstill. The dump truck collided with a Jeep which went airborne with all of its four wheels leaving the pavement thereafter striking a traffic pole and landing on its driver’s side. After striking the Jeep, the dump truck continued across the intersection towards a group of workers who were installing new traffic signals and tragically the dump truck ran over one of the employee’s installing the traffic signals, killing him. The truck also struck another worker who sustained multiple fractures including two broken legs. Many witnesses to this accident stated that the truck was driving too fast to either stop for the light or was in the wrong lane to make a proper turn. The 31,000 lb. dump truck involved in this case weighed 8 times that of the Jeep that it hit.