Some time ago, we wrote about the horrific fatal tanker truck wreck at the Maha Loop in SE Travis County that was attributed to Hernan Garcia-Segura’s disregard of a stop sign. Garcia-Segura, who reportedly lived near the scene of the wreck and was familiar with the intersection, nonetheless chose to disregard a stop sign and flashing red lights in the late night wreck.

Garcia-Segura continued into the intersection without stopping and apparently at excessively high speed because the tanker truck was jolted off of its driver’s side wheels by the force of the impact. The tanker truck contained almost 7,000 gallons of gasoline at the time of the late night wreck and erupted into an inferno that tragically claimed the life of the trucks driver, 41-year-old Royce Brooks of San Antonio.

Garcia=Segura’s mother, in his BMW with him at the time of the wreck, suffered injuries from the crash. According to news accounts, Garcia-Segura initially attempted to cover his mistake by claiming that he was parked at the intersection at the time of the crash and that the tanker truck hit him. Investigators didn’t buy it; apparently the physical evidence like a lack of skid marks and telltale vehicle damage told a different story.

A grand jury has indicted Hernan Garcia-Segura on the charge of criminally negligent homicide, a state jail felony punishable by up to two years in state prison. A Texas trooper called Garcia-Segura’s act of speeding through the stop at the Maha Loop intersection a high-risk act that “constituted a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances….”

Note that in order to prove a valid civil claim for personal injuries or wrongful death against a negligent driver, you need to prove:

• That a standard of due care for the victim’s safety was owed by that other driver;
• That the driver breached his duty and therefore violated that standard of care;
• That his breach of duty was the proximate cause of your injuries or losses; and
• That you had actual damages as a result of his breach of a duty of care.

The grand jury’s indictment affirms the criminal charge against Garcia-Segura. The state’s criminal case does not preclude Royce Brooks’ surviving family members from pursuing their own valid interest in a civil claim against the negligent driver that cost them a loved one. If you’ve been injured by or lost a loved one to a negligent driver, learn more about making a civil accident claim by scheduling an appointment with our Texas truck accident attorneys for a free legal consultation. You could contact us online or toll free at 877-307-9500.

(Source: Austin-American Statesman, Steven Kreytak, 6/20/2012)

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