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“I have been prosecuting serious injury and wrongful death cases against trucking companies, auto makers and tire manufacturers for more than 30 years. Our firm maintains this blog to share information and insight on transportation safety issues that continue to arise on our nation’s highways and roads.”

Kevin Hernandez killed in crash while resting in a semi-truck on I-20

NOLAN COUNTY, Texas- 27-year-old Kevin Ivan Lopez Hernandez was pronounced dead following a crash on I-20 near milepost 232 during a severe storm.

According to reports, there were several crashes near milepost 232 during the heavy rain and windstorm. Hernandez was asleep in the sleeper berth of a semi-truck when the vehicle overturned and struck a guardrail. Hernandez was killed in the crash.

No other injuries or fatalities were reported in connection with the crash. Authorities are investigating the crash to determine if any contributing causes may have affected the driver.

No other information was immediately available.

The driver's actions and the company's actions should be looking into for potential legal relief

No one should have to fear that they are going to be put into harm’s way or lose their life while doing their job. Our hearts go out to Mr. Hernandez’s loved ones, and we are grateful there were no other fatalities or injuries reported. While we must wait for the official investigation to conclude before we can begin formulating any concrete legal theories, we want to outline some of the causes of severe weather crashes our investigative team has found previously.

Whether operating a passenger vehicle or a commercial vehicle, all drivers are trained to bring their vehicle to a stop on the side of the road in the event of sudden severe weather, not to put themselves or others in harm’s way. Mr. Hernandez’s family may have a basis to state a claim against the driver of the semi-truck for continuing to operate the semi-truck despite the obvious severe weather, ultimately causing Mr. Hernandez’s death.

Alternatively, we also find that employers of truck drivers routinely pressure drivers to drive beyond the time allotted for their shifts, and in unsafe weather conditions, in attempts to deliver products faster and increase profits. Employers who engage in this behavior are blatantly in the wrong and can and should be held accountable for their actions. If an investigation finds that the employer has a practice of pushing their drivers beyond legal limits, or if there is evidence that the driver expressed concern about the weather to their employer and was not taken seriously, Mr. Hernandez’s family may be able to recover against the employer.

Whatever the cause may be, this crash was likely preventable, and Mr. Hernandez’s family deserves answers and a formal legal investigation to determine if they have a basis to recover monetary compensation for the unexpected passing of their loved one. We offer our condolences in this difficult time and hope for peace in the coming days.

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