The parents of a 24-year-old Montgomery County Sheriff's Office deputy who was struck and killed while working a crash scene on I-45 in June have filed a wrongful death lawsuit seeking $1 million from the trucking company and driver involved.
Deputy Erika Serrato was directing traffic around 3 a.m. June 28 at the scene of a multi-vehicle DWI crash on northbound I-45 near The Woodlands Parkway exit when a heavy-duty Freightliner truck pulling a trailer hit and killed her, according to ABC13. The 17-page lawsuit, filed July 17 by attorney Brant J. Stogner of Houston firm Abraham, Watkins, Nichols, Agosto, Aziz & Stogner on behalf of Leticia and Rodolfo Serrato, was publicly announced Tuesday, Aug. 4.
The suit alleges the Freightliner's driver, Ian Perez, 20, of Houston, fell asleep at the wheel while traveling approximately 65 mph. He never braked.
"Defendant Perez failed to see the flashing lights ahead, because his eyes were closed. Defendant Perez failed to move over because his eyes were closed. Defendant Perez failed to apply his brakes or slow down, because his eyes were closed," the lawsuit states.
The suit names Perez along with North Houston Pole Line, L.P.; Quanta Services, Inc.; Quanta Telecommunication Solutions, LLC; and Element Fleet Corporation, which allegedly owned the truck. The family's attorneys allege the corporate defendants failed to properly vet Perez before putting him behind the wheel of a commercial vehicle, including failing to review his driving history and evaluate his fitness for work.
North Houston Pole Line and Quanta Services said in a joint statement that they are cooperating fully with authorities in the ongoing investigation.
Criminal charge remains a misdemeanor
Texas DPS arrested Perez the same day as the crash after he was treated at a local hospital. He was charged with a misdemeanor violation of Texas' Move Over, Slow Down law for failing to slow down or move over while passing emergency vehicles. A magistrate set his bond at $10,000.
Montgomery County District Attorney Mike Holley confirmed his office has accepted the charge but said the crash remains under investigation by DPS.
"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 told the Houston Chronicle. "We intend to work with our state senator and state representatives to pursue that change."
I-45 safety and the Move Over law
Serrato's death was one of two Texas first responder fatalities the same weekend in late June while working roadside incidents, renewing statewide calls for stricter enforcement of the Move Over, Slow Down law. Under Texas Transportation Code Section 545.157, drivers must move over one lane or reduce speed when approaching a stationary emergency vehicle with activated lights.
I-45 runs through the Clear Lake area and connects Houston to The Woodlands, making the corridor a daily commute for thousands of local residents.
Serrato began her career with the sheriff's office as a detention officer at 18 and became a commissioned deputy earlier in 2026. Hundreds gathered for her funeral procession July 7.
No trial date has been set in either the civil or criminal case. The DPS investigation remains open.
