BEAUMONT, Texas — The family of a man killed in a fiery 18-wheeler crash near downtown Beaumont earlier in October has filed a wrongful death lawsuit against the company he worked for, claiming the truck wasn't taken care of.
Jose Flores, 57, was driving along Interstate 10 on October 10 when his truck reportedly overturned. That's when he was 'killed in a horrific fire that engulfed the cabin' according to the Houston law firm representing Flores' family.
The firm said the crash happened before 5 a.m. The truck was owned by Total Chemical Service, Inc.
The firm said while the investigation isn't finished, "hazardous chemicals being hauled by the 18-wheeler began leaking. The cabin then burst into flames trapping Mr. Flores in the cabin fire. Tragically, despite an off-duty Beaumont police officer’s attempts to free Mr. Flores, he was unable to be rescued from the fire and lost his life at the scene of the incident."
The suit alleges that the company failed 'to monitor, repair and/or maintain the brake system,' and didn't replace 'hazardous parts and/or materials on the tractor and/or trailer.'
According to the suit, Flores wasn't given appropriate breaks and was required to work about seven or more straight days, leaving him overworked and fatigued at the time of the crash.
From an Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner news release:
Houston attorneys Benny Agosto, Jr. and Angelina Wike of Abraham, Watkins, Nichols, Sorrels, Agosto, Aziz & Stogner have filed a wrongful death lawsuit against L & B Transport, LLC, Total Chemical Services, Inc., and Reagent Chemical & Research, Inc. on behalf of the family of Jose Flores who was killed in a horrific fire that engulfed the cabin of the 18-wheeler he was driving near downtown Beaumont on Interstate 10 in the early morning hours of October 10, 2020. Mr. Flores, 57, is survived by his wife and three children who live in Alvin, Texas.
The catastrophic incident occurred on Saturday October 10, 2020 at approximately 4:47 a.m. while Mr. Flores was operating an 18-wheeler vehicle owned by Total Chemical Service, Inc. While investigation is ongoing, it was reported that the 18-wheeler vehicle flipped over onto the driver’s side and the hazardous chemicals being hauled by the 18-wheeler began leaking. The cabin then burst into flames trapping Mr. Flores in the cabin fire. Tragically, despite an off-duty Beaumont police officer’s attempts to free Mr. Flores, he was unable to be rescued from the fire and lost his life at the scene of the incident.
The lawsuit asserts allegations against the Defendants for failure to monitor, repair and/or maintain the brake system on the 18-wheeler vehicle, failing to replace hazardous parts and/or materials on the tractor and/or trailer, failure to properly maintain, monitor and/or repair the 18-wheeler, and for failure to permit Mr. Flores appropriate breaks and instead requiring him to work approximately seven or more straight days such that Mr. Flores was overworked and fatigued at the time of the incident.
A Temporary Restraining Order was filed on October 19, 2020 and has since been granted by a Harris County District Court judge to preserve the 18-wheeler and any evidence in the vehicle involved in the incident so that a team of investigators can perform the necessary inspections.