Family of fallen Montgomery County Deputy Erika Serrato files wrongful death lawsuit over fatal I-45 crash

MONTGOMERY COUNTY, Texas - The family of fallen Montgomery County Sheriff's Deputy Erika Serrato has filed a wrongful death lawsuit against a commercial driver and several companies, alleging negligence led to the 24-year-old deputy's death while she was working a crash scene on Interstate 45. [Click2Houston]

The family of Montgomery County Sheriff's Deputy Erika Serrato has pursued legal action against a commercial truck driver and multiple companies, alleging they bore responsibility for the officer's death on Interstate 45 in late June.

Serrato, 24, was killed June 28 while assisting at a multi-vehicle collision in the northbound lanes of I-45. She had exited her patrol vehicle and activated emergency warning lights when a Freightliner commercial truck struck her around 2:52 a.m. She was transported to a hospital with life-threatening injuries but did not survive.

The lawsuit names Ian Perez, a 20-year-old truck driver, as well as North Houston Pole Line L.P., Quanta Services Inc., Quanta Telecommunication Solutions LLC, and Element Fleet Corporation. According to court documents, Perez was operating the vehicle at approximately 65 miles per hour when he allegedly fell asleep at the wheel and did not observe Serrato's activated emergency lights or reduce speed. Perez was subsequently charged with violating a state law requiring motorists to decrease speed or change lanes when approaching activated emergency vehicles. A magistrate set his bond at $10,000.

Court filings assert that the commercial truck was owned or operated by one of the named companies and was leased through Element Fleet. The lawsuit contends that the corporate defendants inadequately evaluated Perez's fitness for employment, failed to thoroughly examine his driving record, and did not implement sufficient oversight of fatigue and work hours during overnight shifts.

"The lawsuit alleges that this tragedy occurred because a commercial driver fell asleep at highway speed and failed to heed the emergency lights ahead. We are committed to seeking answers, accountability, and justice for Erika's family," said Brant J. Stogner, a partner with Abraham Watkins, the law firm representing Serrato's parents and her estate.

Serrato had worked with the Montgomery County Sheriff's Office for six years, initially joining as a detention officer at age 18 before receiving promotion to deputy approximately six months before the fatal incident. Her death sparked community support throughout the Houston area and prompted the sheriff's office to establish a DWI enforcement initiative bearing her name.