Mobile Home, Car Accident, Death

 BASTROP COUNTY, TEXAS – Deborah Sue Jackson and her son, Blake Anthony Jackson, were killed when their vehicle struck a mobile home being transported by a truck. Two other children, Deborah’s 13 year old son and 6 year old nephew, were in the vehicle with Deborah and Blake were treated to Dell Children’s Hospital and later released.

The accident occurred around 5 p.m. on Tuesday, February 9. The mobile home was hanging over in Jackson’s lane on FM 535. This is a two lane road with no shoulders.

The mobile home was being transported by Jorge Segovia-Polladio who is being charged with criminally negligent homicide. The Texas Department of Public Safety stated Segovia-Polladio did not have an approved permit nor was he being escorted by approved vehicles.

 

Motor Vehicle Size Limits and Permits in Texas

This section is in regard to the Texas statute in the Transportation Code, Title 7 (Vehicles and Traffic), Subtitle E (Vehicle Size and Weight).

Manufactured Housing

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

In reference to this case above, a mobile home being transported falls under the manufactured housing definition. A manufactured housing may be transported on the road, in whole, if it is constructed in a way that in cannot be dismantled or destructed. If this manufactured housing, while being transported, causes the motor vehicle to be outside the legal sizing limits for a motor vehicle, a permit is required to be moved over a roadway. In any instance that Texas has a law regarding the permit for movement of manufactured housing, a county or city may not require anything in addition to that state law.

Size Limitations

Within the statute, title, and subtitle above, this section is in regard to Chapter 621 (General Provisions Relating to Vehicle Size and Weight), Subchapter C (Size Limitations).

A motor vehicle may not be wider than eight and a half feet. However, a passenger vehicle, and its load, may not be wider than eight feet. The passenger vehicle rule does not apply to a motor bus or trolley bus operated exclusively within a city and its suburbs or within a county the city is located. Any load on a passenger vehicle may not extend more than three inches beyond the left side of its fenders or six inches beyond the right side of its fenders.

A motor vehicle, except for a truck-tractor, may not be longer than 45 feet. All motor buses between 35 and 45 feet must have air brakes, three or more axles, and at least four tires on the rear axle to operate on a highway. House trailers, towable recreational vehicles, and motor vehicle combinations may not be longer than 65 feet.

A motor vehicle may not be higher than fourteen feet. Any motor vehicle between thirteen and a half and fourteen feet must be ensured for all vertical clearances in its path by its operator. Any damage due to the height of the motor vehicle is the responsibility or the owner of the motor vehicle.

Within the statute, title, and subtitle above, this section is in regard to Chapter 622 (Special Provisions and Exceptions for Oversize or Overweight Vehicles), Subchapter Y (Miscellaneous Size Exceptions).

Certain width and length exceptions that do not require a permit can be found in this subchapter.

Permits and Other Requirements

 

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

 

Any vehicle that does not conform to the size limitations above or falls within the exceptions above requires a permit. If the owner of the vehicle does not have a permit allowing the motor vehicle to be used on the roadways, the owner is subject to civil and criminal penalties.

The owner of the manufactured housing must apply for and receive a permit allowing the manufactured housing to be transported on the roadways. The permit must have the combined necessary dimensions (height, width, length) of the manufactured housing and the towing vehicle, the identification number of the manufactured housing, the owner’s name, the origination and destination locations of the manufactured housing, and the route that will be taken for the transportation.

A permit to transport manufactured housing is valid for five days and may be issued for a single trip or recurring annual trip to a temporary location no further than twenty miles from the manufacturing facility. A copy of the permit must be carried in the vehicle transporting the manufactured housing.

If the manufactured housing is wider than twelve feet, either one rotating amber beacon of at least eight inches must be mounted at the rear of the roof of the manufactured housing or two rotating amber beacons of at least eight inches must be mounted on the rear corners of the manufactured housing at least six feet above ground level. The beacons must be in operation at all times on the roadway.

If the manufactured housing width is between sixteen and eighteen feet, one escort flag vehicle must precede the house on a two lane road or follow the house on a road with at least four lanes. If the house is longer than eighteen feet, one escort flag vehicle must precede and one must follow the house. Each escort flag vehicle must have two lights flashing simultaneously or one rotating amber beacon. The lights must be visible from the front and rear. The escort flag vehicle must have one flag on each of the four corners of the vehicle. Each escort flag vehicle must have signs on the front and rear of the vehicle with black letters on a yellow background that says “wide load.” Each letter must be at least eight inches tall.

All transportation of manufactured housing must occur in the daylight. Transportation may not occur on a national holiday.

 

Legal Commentary

 

Victims of motor vehicle accidents should consult with an experienced personal injury attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses, as well as compensation for lost wages and pain and suffering. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been injured by a motor vehicle accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com , or by calling our office at 1-866-705-7584.