This browser does not support the Video element.
Burnet crash: Families of victims file lawsuit
Multiple lawsuits have been filed against the driver charged in a fiery crash that killed five friends in Burnet County in late July. The lawsuits also name the the owner of the truck-trailer he was driving and his company as defendants.
WILLIAMSON COUNTY, Texas - Multiple lawsuits have been filed against the driver charged in a fiery crash that killed five women in Burnet County in late July.
What we know:
The lawsuits have been filed in the 395 Judicial District Court in Williamson County and each name the driver Kody Lane Talley, Charles Kent Talley, and Texas Camp Horses LLC.
The parents of Thalia Salinas, Ruby Cruz and Jackie Velazco filed a joint lawsuit, seeking over $1 million in monetary damages. The parents of Brianna Valdez filed a separate lawsuit, seeking over $1 million in damages and also naming Charles Talley as a trustee of a family trust.
A third lawsuit has been filed by Desiree Cervantes's mother and is also seeking over $1 million in damages.
Each lawsuit accuses Kody Talley of negligence, with one alleging "gross negligence" related to his actions during and after the crash.
Charles Talley, as the owner of the truck and trailer Kody was driving, has also been accused of negligence, as one lawsuit alleged he "should have known that [Kody] was unqualified and otherwise unfit to operate the vehicle."
Court paperwork states the weight of the vehicle and trailer Kody was towing required a Class A driver's license, something he didn't have. His license also showed he had a restriction, requiring an ignition interlock device, but the truck didn't have one.
The lawsuits also name Texas Camp Horses LLC, claiming that Kody was not only acting in his own individual capacity during the crash, but also as an employee of the business. Williamson County business records list Charles Talley as the owner of Texas Camp Horses LLC.
What happened on July 25?
This browser does not support the Video element.
Driver in Burnet Co crash didn't have Class A license
The driver hauling a horse trailer during a fatal crash in Burnet County shouldn't have even been behind the wheel, according to court documents. The man was arrested this week for killing five young women in the crash.
The backstory:
Court documents obtained by FOX 7 Austin provide more details on the crash.
According to an arrest affidavit for Talley, he was operating a white Dodge Ram pickup while towing a horse trailer loaded with horses, traveling north on US 281 approaching Park Road 4.
The truck crossed over the center divider and began driving north in the southbound lanes, then crashed into oncoming traffic as it entered the intersection.
The truck first hit a Chevy Malibu, then continued northbound and hit a Mercedes SUV. That impact "forced the SUV into the air where it overturned, came to rest on its right side, and caught fire," says the affidavit. All five women inside the SUV died, with one even being ejected from the vehicle.
This browser does not support the Video element.
5 young women killed in fiery crash
A weekend meant for celebration ended in tragedy when five young women were killed in a crash in Burnet County late last month.
MORE COVERAGE
- 5 friends on way to celebrate a birthday killed in Central Texas crash
- Burnet County fiery crash: Williamson County man charged with manslaughter in women's deaths
- Burnet County crash: Driver charged has history of DWIs, court docs show
Talley's truck then continued north in an arc across the roadway and eventually crashed into a fence. Talley was seen on body camera footage confirming he was the driver of the truck and speaking to Burnet County deputies, but he left the scene without speaking to any DPS troopers, says the affidavit.
A witness who had been driving behind the Malibu and SUV also provided dash-cam footage showing the truck driving on the wrong side of the road and striking the other two vehicles, says the affidavit.
What's next:
Talley has been charged with five counts of manslaughter and is still in the Burnet County Jail on $1 million bond.
If convicted, Talley faces up to 20 years in prison.
If it is proven he was intoxicated, his sentence could be stacked, and he could face up to a hundred years in prison.
Criminal history in Travis, Williamson counties
This browser does not support the Video element.
Driver charged in crash has history of DWIs
Court documents have revealed new details about the fiery crash in Burnet County that claimed the lives of five friends, and the driver charged in their deaths.
Dig deeper:
Court records reveal Talley has a history of drinking beer while driving in Williamson County.
In 2008, he was arrested for DWI in Liberty Hill. The charge was dismissed and refiled as a deadly conduct charge. He was placed on probation; it was revoked, and he was sentenced to a year in jail.
The second DWI arrest was in 2011 in Cedar Park. He pleaded not guilty, but a jury convicted him. He was placed on probation, and again it was revoked. He was sentenced to 120 days in jail.
The third DWI was four years later again in Cedar Park. He pleaded guilty and was sentenced to 75 days in jail.
His record includes 21 charges in Williamson County and two in Travis County.
The Source: Information in this report comes from court filings and previous reporting by FOX 7 Austin.