OKLAHOMA CITY, (KOKH) — A lawsuit was filed Tuesday following a fatal crash on Interstate 35 that killed Trooper Vernon Brake, a mother, and her 4-year-old daughter on April 8.
Melissa Brake, the trooper's wife, is suing Matthews Trenching Company Inc. and its driver for alleged negligence, seeking $75,000 in damages for the profound loss of her husband and father to her children.
The collision occurred when 36-year-old Mercedes Bayne swerved to avoid debris, crossing into northbound lanes and colliding with Trooper Brake. All three individuals sustained fatal injuries.
The lawsuit claims negligence on behalf of the company and driver in securing the load on the truck, which reportedly caused the accident.
According to legal analyst Ed Blau, civil liability remains applicable even without criminal charges being filed. He emphasized that the court will investigate whether negligence led to the incident.
An Oklahoma County judge granted a temporary restraining order against the company and driver, requiring preservation of relevant documents and evidence related to the case.
Blau noted the truck could have been returned to service post-investigation but is now subject to court orders restricting its use.
The Oklahoma Highway Patrol (OHP) confirmed that traffic cones fell from the truck, though the exact number remains unspecified. The investigation is ongoing.