GALVESTON (FOX 26) - Galveston County prosecutors say a man who passed away 3 years ago remains responsible for an alcohol related crash.
The accident happened on Interstate 45 as you leave Galveston island. The driver who caused the wreck died on scene and prosecutors say because of his negligence, a deputy almost died.
Photos show the wreckage from back in December of 2013. Prosecutors say Kert Adams crashed his motorcycle into an 18-wheeler. They say his speedometer indicated he was going 115 miles per hour while under the influence.
"The toxicology report that was done during Mr. Adams autopsy showed his blood alcohol level was over .03, which more than triple the limit in Texas to be driving," Prosecutor Paul Ready said.
While deputies closed off the highway to clear the scene a sheriff deputy reserve was hit by another drunk driver. But in Texas there is a rescue doctrine.
"If rescue effort is necessary and you're rescuers are going to be in harms way and it's something you should have foreseen before you caused the problem, if they get hurt then you are responsible because you caused the accident," Ready said.
Galveston County paid over $200,000 for work man's compensation to help the volunteer deputy who suffered major injuries. Prosecutors say they tried to settle for a portion of the cost with Adams' insurance State Farm. But State Farm denied the request. The county wants to make it clear they are not suing the man's family. Let it be a lesson for everyone even after death you're still accountable for your actions.
"This should be a reminder to everyone before you go to a bar and drive with your blood alcohol 3 times the legal limit that you should consider the consequences to everyone regardless whether you survive," Ready said.
The county is seeking $1 million in the lawsuit which they say a good portion would go to the deputy. We did reach out to State Farm for a response.