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Widower fighting to preserve accident evidence after wife's death

The husband of a Houston area woman who died in the vicinity of Rice University after a dump truck hit her bicycle is now taking legal steps to preserve evidence from the fatal truck accident.

The man is asking for a court order preventing the trucking company which owned the truck from doing anything to evidence from the crash that might change it. The company could also be ordered to preserve the evidence it has in its possession.

The reason for the protective order is that the husband apparently wants to conduct an independent investigation of the accident in an effort to show that the truck driver, and not his wife, was responsible for the accident. Although it would stand to reason that the driver of a large truck should take particular care around a bicyclist, police insinuated that the woman might have been responsible for her own death.

Unlike some other accidents, exactly who is responsible for this wreck was not cut-and-dried. Both the bicyclist and the trucker had a green signal at the intersection where the accident happened. The truck driver made a right turn as the bicyclist was traveling through a pedestrian crosswalk.

The husband is seeking information from the vehicle as well as the data from the vehicle's "black box," a computer which stores important information about the vehicle, including its traveling speed immediately prior to the crash. He also wants the driver to preserve his cell phone so it can be examined, perhaps in an effort to uncover evidence of distracted driving.

As this blog has discussed previously, one of the most important components of an auto accident attorney's job is to investigate the accident and make sure that everyone has an accurate picture of what happened. Sometimes, legal processes are necessary in order to do this.

Source: Houston Chronicle, "Husband of woman killed in Rice-are bicycle accident seeks court order," Samantha Ketterer, May 8, 2018.

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