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Victims' Families Awarded $3 Million in Wreck Lawsuit Save Email Print
Posted: 4:12 PM May 16, 2008
Last Updated: 2:55 PM May 20, 2008
Reporter: Steve Fullhart
Email Address: fullhart@kbtx.com

A | A | A

A jury in Robertson County has awarded four families a little over $3 million in a civil suit over their loved ones' fatal car accident on Highway 6.

Three teens from the Twin Cities and a Clear Lake man died in September 2006 in a southern Brazos County portion of the highway under construction. The families had claimed three construction companies were neglegent in the accident.

A construction truck was stopped in the left lane of the undivided, four-lane highway waiting to make a turn onto the construction site off the highway. With a pair of cars stopped behind that truck, a dump truck unrelated to the construction plowed into the backs of the cars, then slid into oncoming traffic and hit another car.

Attorneys for the plaintiffs claimed the construction company was at fault for not picking safer entry points onto their construction site, though the defense had argued TxDOT had signed off on that particular entry. The defense also claimed the driver of the dump truck that started the wreck was at fault and was driving a poorly maintained vehicle.

The jury decided one of the subcontractors, Young Brothers, was not negligent, but lead contractor T.J. Lambrecht and subcontractor W.W. Webber would be responsible for paying a portion of the awarded $3 million.

The driver of the dump truck, Derrick Mitag, was also found responsible, as was the truck's owner.

TxDOT was also found neglegent, but as what's known as a "responsible third party" in the proceedings (as added by the defense), they will not pay any of the settlement.

Those killed in the accident and the amount their respective estates will receive according to the judgment are:

- Sarah Alexandra Nichols, 17, of Bryan ($717,500)
- Bruce Edward King II, 18, of College Station ($600,000)
- Bryson Thompson, 18, of Bryan ($105,300)
- Augustin Hernandez, 32, of Deer Park ($1.609 million)

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Posted by: Patti Location: Navasota on May 21, 2008 at 12:42 PM
I truly feel for the families that have lost there loved ones in this accident. However everyone involved in this tradegy has lost more than you can imagine. Everyone has there own opinion but until it is your family involved it truly doesn't effect you other than your pocket book.

Posted by: Casey Location: College Station on May 19, 2008 at 04:10 PM
Jay sounds like a happy, caring soul. I betcha he works for free, and has already met with these families and offered his condolences, since he has the right to throw stones. Randy, you make a good point about William Fitch.

Posted by: anonymous Location: college station on May 19, 2008 at 10:10 AM
The owner of the dump truck is an individual from Navasota who did not have insurance coverage on the vehicle. The driver did not have any insurance either.

Posted by: jay Location: normangee on May 17, 2008 at 08:46 PM
this was indeed a a horrific event in the lives of these family members.maybe the blood sucker lawyers that surrounded these families will donate there 40 to 50% cut back to the familys of these people.but dont bet on it..one of the lawyers already bought a very expensive new car ,the day of the verdict, and another one goes to rodeos in a two hundred and fifty thousand dollar truck and trailer....and they really care for the berieved family members

Posted by: Randy Location: College Station on May 17, 2008 at 06:58 PM
It is too bad TXDOT employees cannot he held personally liable for these damages rather than what will ultimately be the taxpayer. TXDOT is too concerned with "moving traffic" rather than moving traffic safely. It was remarkable that after years of major accidents on Highway 6 South, the speed limit remained 70 at the time of this accident. Local TXDOT is filled with a group of incompetent individuals who should have to come out-of-pocket with damage money. Now look at William Fitch with 70 MPH traffic and subdivisions and businesses for taffic to slow and turn into with more coming soon. Not to mention the trees and foliage in the median for animals to hide and run into traffic and ultimately for vehicles to strike.

Posted by: A Child of the King Location: Blessed by the Best on May 17, 2008 at 01:49 PM
May God bless each of these families.

Posted by: jerry Location: college station on May 17, 2008 at 10:34 AM
I was and continue to feel sorry for the families in the loss of their loved ones. Hopefully, they will use this amount to establish some scholarships and aid to much needed students for furthering their higher education and not for material goods. Afterall, money can not replace a precious life.

Posted by: rdb Location: cs on May 17, 2008 at 08:49 AM
who owns the truck?

Posted by: john Location: college Station on May 17, 2008 at 05:18 AM
>>>>The driver of the dump truck, Derrick Mitag, will be responsible for 30 percent of the decision, while the truck's owner will have to pay 34 percent of it. The remainder of the $3 million-plus will be paid by TxDOT.<<<<< Why weren't any of these folks ever mentioned in the KBTX articles? They were the ones I always thought were responsible, but all the reporting on this up until now only said the the contractors were being sued, which generated a lot of negative opinion for the plaintiffs for not going after the truly responsible parties, which we only now find out they were (except for the Brazos County Commission, which shortly before the accident decided that the speed limit did not need to be lowered to 55 in the construction zone...I remembered them immediately reversing themselves after this accident). And thought that TxDoT, being a state agency, was immune from Civil awards.

Posted by: Anonymous Location: Bryan on May 16, 2008 at 09:28 PM
The news story is wrong. Only one of the families was awarded money in the suit. C. Dan needs to learn the facts of the accident before he states that it was the people in the cars' fault. I would like to see him stop a car going even 45 mph on that stretch of road when a loaded dump truck plows into multiple cars and sends them into oncoming traffic. The suit has nothing to do with greed. Those responsible must be held accountable for their actions. All of the families involved have suffered greatly in their loss and my prayers go out to them. I am sorry the decision turned out the way it did. Those making comments should be sensitive to the families and their situations.

Posted by: Jeff Location: College Station on May 16, 2008 at 09:21 PM
C. Dan, You're an idiot. It's people like you who are the first to call an attorney after a minor injury.

Posted by: Randy Location: Bryan on May 16, 2008 at 09:19 PM
So, I can drive too fast, not pay attention to traffic, rear end another vehicle and blame it on someone else. What a great country.

Posted by: p Location: college station on May 16, 2008 at 08:56 PM
If a farmer was stopped and turning into his driveway and no construction was going on would he have been in court? Bottom line is only one person was at fault, the truck that couldn't stop. There were alot of wrecks on that stretch of roadway which is why it is under construction. If I were on the jury I wouldn't have awarded anything from the construction companys only from the truck driver which should have checked the truck out before driving it down the highway.

Posted by: unknown Location: hearne tx on May 16, 2008 at 06:31 PM
they deserve every bit of that and some but was unfortunate to receive more but my blessings goes out to the families.

Posted by: DrCobb Location: Bryan on May 16, 2008 at 06:27 PM
Of the three million dollars awarded, one million (1/3rd) probably went to the attorney. Therefore, each of the four families would only get $500,000 (1/4th of two million) for the loss of their loved one. I am sure that the so-called “greedy plaintiffs” would gladly exchange that paltry sum or ten times that sum if that tragic accident could only have been avoided.

Posted by: Lyle Location: CS on May 16, 2008 at 04:39 PM
Anything less than $10 mil is a victory for the defense. Sounds like the jury did its job and didn't give in to the greedy plaintiffs.

Posted by: C. Dan Location: Deville on May 16, 2008 at 04:23 PM
This is ridiculous! The driver of the car should have been going slower since it was a construction zone, so they could have stopped. And, I'm sure the attorney got half of the money. Attorney's are making WAY too much money!!! People always want to point the finger at someone else instead of admitting they were at fault. Whenever there's a car wreck, people always say, "It wasn't my fault".

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