Georgetown man injured in overpass crash sues truck driver, company

GEORGETOWN, Texas - A Georgetown man filed a lawsuit against the trucking company and the driver that hit an overpass over I-35.

Two people were injured in the crash and five other cars were involved.

The backstory:

On Sept. 2, an 18-wheeler was hauling an excavator on top of it, which made it too tall to fit underneath the SH29 bridge in Georgetown when it was traveling down I-35 on Tuesday afternoon. 

"It's our understanding that even though they had a permit to go under the bridge, the actual strike height was much higher," said Kimberly Kayatta, an attorney at Tinsman & Sciano representing Jonathon Scott Morgan.

The tractor-trailer struck the bridge and sent large pieces of debris flying through the air. It caused a chain reaction that led to the damage to five other vehicles and injured at least two people, including Jonathon Morgan, who was driving a pickup truck. 

"One of those very large pieces of that bridge went through Mr. Morgan's windshield and struck him directly," said Kayatta. 

Morgan remains in the hospital, nearly one week after the crash. 

"He has not been able to communicate at this time, and he remains in very, very critical condition," said Kayatta. "Unfortunately, he got to spend his 42nd birthday in the ICU on Thursday. His family had plans, I believe, to go to a comedy club with him."

Now, they are suing the trucking company for negligence. 

"At no point in time should you be driving down the roadway with a load improperly secured that isn't clear to go over the height," said Kayatta. "And so that is inherently negligent, arguably grossly negligent." 

The Morgan family is asking for prayers and privacy at this time. 

Trucking company and driver respond to lawsuit

The other side:

The law firm Thompson Coe is representing Austin Underground, the trucking company, and the driver, Alan Collins. Their attorney, Stephen P. Bega, sent the following statement: 

"We are aware of the lawsuit recently filed in Travis County. Austin Underground and Alan Collins are saddened by the unfortunate events and send their sincere condolences to all affected by the incident. The company is currently undergoing an investigation to fully understand how this incident occurred. Due to the pending litigation, we cannot make further comment at this time."

Austin Underground Inc. declined FOX 7 Austin's request for an interview at this time due to the pending litigation.