The family of Montgomery County Sheriff's Office Deputy Erika Serrato has filed a wrongful death lawsuit against the trucking company and corporate parents whose driver allegedly fell asleep at the wheel and struck her on northbound I-45 near the Woodlands Parkway exit on June 28.
Serrato, 24, was directing traffic around 3 a.m. at the scene of a separate DWI crash when a heavy-duty Freightliner truck pulling a trailer hit her at approximately 65 mph, according to the lawsuit.
She died at the scene.
The 17-page petition, filed July 17 by Houston law firm Abraham, Watkins, Nichols, Agosto, Aziz & Stogner on behalf of Serrato's parents Leticia and Rodolfo Serrato, names driver Ian Perez, 20, of Houston along with North Houston Pole Line L.P., Quanta Services Inc., Quanta Telecommunication Solutions LLC and Element Fleet Corporation as defendants, according to the Houston Chronicle. The family's legal team announced the suit publicly at an Aug. 4 news conference.
The suit alleges the corporate defendants failed to adequately review Perez's driving history, evaluate his fitness for work and ensure he was qualified to operate a commercial vehicle. Attorney Brant J. Stogner said the case centers on a commercial driver who fell asleep at highway speed and failed to heed the emergency lights ahead, according to ABC13.
The Texas Department of Public Safety arrested Perez the same day as the crash. He faces a misdemeanor charge of passing certain vehicles involving violent bodily injury, a violation of the state's Move Over or Slow Down law. A magistrate set his bond at $10,000.
Montgomery County District Attorney Mike Holley said his office has accepted the charge but noted the crash remains under DPS investigation. Holley is pushing for stiffer penalties.
"When a law enforcement officer is seriously injured or killed because a driver fails to move over or slow down, we believe the Legislature should consider making that offense a felony," Holley said. "We intend to work with our state senator and state representatives to pursue that change."
Under current Texas law, the Move Over or Slow Down statute carries fines up to $1,250 for a first offense and up to $4,000 plus possible jail time if the violation causes serious injury. But killing a law enforcement officer while violating the law remains only a misdemeanor.
Serrato began her career with MCSO as a detention officer at age 18. She served approximately six years before becoming a commissioned deputy earlier in 2026. At her July 7 funeral at Woodlands Church, Assistant Chief Deputy Rick Bass was visibly emotional while recounting her service, according to Houston Public Media. Sheriff Wesley Doolittle told mourners she "stood the line between danger and those she swore to protect."
The DWI crash that brought Serrato to I-45 that night was caused by Ashton Jammer, 34, who was charged with driving while intoxicated. A third person at the original scene, Oluwatobiloba Sofela, 31, was charged with collision involving injury and tampering with physical evidence.
Representatives for North Houston Pole Line, Quanta Services, Quanta Telecommunication Solutions and Element Fleet Corporation could not be reached for comment. Perez's criminal defense attorney, Cordt Akers, also could not immediately be reached. The criminal case against Perez has no announced trial date.
