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Austin, TX personal injury attorney Scott Hendler shares the story of a memorable wrongful death case he handled. He shares that Hendler Flores Law recently handled a tragic wrongful death case involving a construction accident. The victim was a truck driver delivering massive prefabricated concrete slabs to a construction site in Austin, where a parking garage for an apartment complex was being built. These slabs were enormous—often 80 by 40 feet or larger—and transported on flatbed tractor-trailer trucks.
On the day of the accident, the driver followed the flagman into the site, waiting for the crane to lift the slab off his truck so he could exit and allow the next delivery. While he was standing by and undoing the straps securing the slab, it fell directly onto him and his truck, killing him instantly. Investigations revealed that the workers assembling the slabs had failed to properly secure them. They were cutting corners, using fewer braces than required and neglecting proper inspections. Further research showed that similar incidents had occurred elsewhere in the country under comparable conditions.
OSHA investigated and issued citations, and the Austin Police Department conducted a homicide investigation, which ultimately did not result in criminal charges—though many felt it could have. Hendler Flores Law was retained by the victim’s widow and young daughter to pursue justice. The firm conducted an in-depth industry investigation, examining how prefabricated garage segments were manufactured. During a deposition of the corporate representative, it became clear that, despite the company being a member of the relevant trade organization with established safety standards, it routinely ignored those rules. This negligence directly led to the catastrophic event that took the life of a devoted husband and father.
