Case Results · Wrongful Death · Truck Accidents

Iron Horse Tools Fatal Crash: The Company’s Own Rules Said Fatigue Kills

A family was stopped, waiting to turn left, when an Iron Horse Tools, LLC company truck hit them from behind at about 50 miles per hour. A mother riding in the back seat beside her two-year-old son was killed. Iron Horse’s own safety program warned its drivers in capital letters: FATIGUE KILLS.

ResultConfidential Settlement
DefendantIron Horse Tools, LLC
CourtState district court, Harris County, Texas
Lead counselVuk Vujasinovic, with Job Tennant

Stopped to turn left, hit at 50 miles per hour

In January 2019, a husband and wife were on their way to a shopping center with their two-year-old son. He was driving. She sat in the back seat next to the boy’s car seat. They were stopped, waiting to make a legal left turn, when an Iron Horse Tools company truck hit them from behind at about 50 miles per hour.

The driver told police that by the time he saw their car, he had already hit it. He never braked. The impact drove a tire and parts of the trunk into the back seat. Witnesses saw the mother slumped over her son. She died from her injuries. Her husband and their son survived with injuries of their own.

Her family hired VB Attorneys. Vuk Vujasinovic led the case, with Job Tennant. Whether the driver was at fault was never really in doubt; he later testified the crash was preventable. The question was why a company that had written FATIGUE KILLS into its own safety program had this driver on the road.

The rules Iron Horse wrote for its own drivers

Iron Horse Tools supplies pressure-control equipment and services to oil and gas drilling rigs, and its employees drive company trucks long distances between job sites. After three crashes in 2011 that its own investigation tied to unsafe driving, the company wrote a Vehicle Safety Program.

That program is a set of promises the company made to every family that shares the road with its trucks. It says a driver suffering from fatigue will not be permitted to work. It says drivers must tell management about any condition that could keep them from driving safely, and it names sleep apnea as an example. It bars driving under the influence of any medication, including prescription medication, that could impair a driver. It says drivers should have at least one day off in every seven. And under the heading for trip planning, it says: FATIGUE KILLS.

The company’s president signed its policy statement: arriving safely is more important than arriving on time.

What the driver’s schedule and medicine showed

In the three months before the crash, the driver worked stretches of 19, 26 and 27 days in a row. His weekly hours ran as high as 90, and Iron Horse management approved his time records. The day before the crash, he finished a 12-hour shift and then drove about 450 miles.

He had been diagnosed with sleep apnea and was not treating it. Iron Horse knew he had a prescription for Valium to help him sleep, and never asked him about it. He told police he had taken Valium and Tylenol 3 the night before the crash.

A board-certified neurologist and sleep medicine specialist reviewed the record and found three causes for the crash: sleep deprivation from excessive work hours, sleepiness from medication, and untreated sleep apnea. Each of the three was covered by a rule in Iron Horse’s own program.

Who was supposed to enforce the rules?

In depositions, the driver’s supervisor said he had never seen the Vehicle Safety Program before the crash. The driver said he was not familiar with its fatigue rules. At each level of supervision, Iron Horse witnesses pointed to someone else as the person responsible for enforcing them.

After the crash, Iron Horse’s own review called it distracted driving and said nothing about fatigue. The driver went back to the same job.

Resolved by video in 2020

The case was prepared for trial in state district court in Harris County, with experts in sleep medicine, accident reconstruction, fleet safety, and economics. When courts and offices closed in 2020, the depositions moved to video, and so did the mediation.

The case resolved confidentially on favorable terms. The amount is confidential. The recovery provides for her husband and her children, and for the injuries her husband and son suffered in the crash. Read more about how the firm handles fatal truck crash cases.

What the evidence showed

  1. The company’s own safety program. FATIGUE KILLS, a sleep apnea reporting rule, a prescription medication rule, and a one-day-off-in-seven guideline, all written by Iron Horse years before the crash.
  2. The driver’s time records. Stretches of 19, 26 and 27 days in a row, approved by management.
  3. The driver’s medical history. Diagnosed sleep apnea, untreated, and a Valium prescription the company knew about.
  4. The crash. A family stopped to turn left, hit at about 50 miles per hour, with no braking before impact.
  5. The expert analysis. A sleep medicine specialist tied the crash to work hours, medication, and untreated sleep apnea.

The rule, and the record

Iron Horse’s ruleAt least one day off in every seven
The driver’s record19, 26, and 27 days in a row
The resultConfidential recovery

A company’s safety manual is a promise to every family on the road. This case asked whether Iron Horse kept it.

Frequently Asked Questions

An Iron Horse Tools, LLC company truck hit a family’s stopped car from behind at about 50 miles per hour in January 2019, and a mother riding in the back seat beside her two-year-old son was killed. The driver had worked stretches of 19, 26, and 27 days in a row, had untreated sleep apnea, and told police he had taken Valium and Tylenol 3 the night before. Iron Horse’s own Vehicle Safety Program said FATIGUE KILLS. Vuk Vujasinovic led the family’s wrongful death case in Harris County, and it resolved confidentially in 2020.
Often, yes. A company that puts a driver behind the wheel is responsible for what it knew or should have known about his fitness to drive, including his hours, his sleep and his medications. Texas law holds an employer responsible for crashes its employees cause on the job, and separately for trusting a vehicle to a driver it knows, or should know, is unsafe. Fatigue leaves a paper trail in time records, schedules and medical files. Here the trail ran through Iron Horse’s own time records and its own written rules about fatigue, sleep apnea and medication. Read more about wrongful death claims and truck accident cases.
Yes, in many cases. Whether the employee was on the job at the moment of the crash is one question, but not the only one. A company that lets an employee drive its truck can be responsible for trusting the truck to someone it knew or should have known was unfit to drive, and a company whose own rules cover how its trucks are driven has defined the duty it took on. Iron Horse’s Vehicle Safety Program says it applies to all company-provided vehicles.
The amount is confidential, and it stays that way. What can be said is how the case was valued: on what the family lost, on evidence that Iron Horse’s own rules covered every cause of the crash, and on a case prepared for a Harris County jury. A company’s offer is not a valuation. It is a bet about whether the case will ever be tried.
Get the company’s records preserved before they are lost: the driver’s time records, the truck’s tracking data, the company’s safety manuals, and the driver’s qualification and medical files. Do not give the company’s insurer a recorded statement. In general, Texas gives two years to file a wrongful death claim, but the records that prove fatigue can disappear long before that. VB Attorneys reviews fatal truck crash cases for free, and you will get a straight answer. Call (877) 724-7800.

Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.

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