Lawsuit filed by family of Jefferson Co. deputy constable killed in I-10 crash

The family of Jefferson County Reserve Deputy Constable Heather Avery, who was killed last week in a crash on Interstate 10, has filed a lawsuit in state district court related to her death. Avery's husband Troy Stutes filed the lawsuit Monday night, according to lead attorney Brent Coon. It comes after Avery was fatally hit by a tractor-trailer last Friday while assisting with traffic in a construction zone on I-10 in Winnie. RELATED: More details about Friday's fatal crash The lawsuit alleges that the driver of the 18-wheeler, owned by SWI industries, was inattentive and travelling at a high rate of speed when it slammed into Avery's police vehicle resulting in her death. Additionally, the lawsuit claims that the highway contractor, Williams Brothers Construction of Houston, had not properly secured the area nor provided a crash truck at the scene to deflect traffic. Coon said the lawsuit includes an injunction to preserve all evidence associated with the crash like cell phones, vehicle cameras, GPS tracking, company devices and maintenance logs. "Heather Avery was a true community citizen, and this horrific incident was totally avoidable at several levels and there will be accountability," Coon said in a news release. "We have already reached out to the Chambers County District Attorney’s office over the matter as well for potential criminal charges. It is imperative in cases such as this to file suit immediately in order to obtain injunctive protection so that evidence associated to the incident isn’t damaged, lost or destroyed." The crash occurred at at 7:41 a.m. Friday near mile marker 830-mile in Chambers County, according to the Texas Department of Public Safety. Avery, 48, was pronounced dead at the scene after the 18-wheeler struck the rear end of her 2022 Ford Explorer. The crash remains under investigation by the Texas DPS. "I want justice for my wife for this senseless death," Stutes said in a news release. "Heather was always by the book and this would never have happened if the trucking company and highway contractor went by the book as well."