I have run into several cases involving trailers being pulled down county roads and causing damage. Typically, a tire blows out and the driver keeps going causing the rim to gouge the pavement. On a few occasions the driver is a commercial driver pulling a trailer home. The County Road and Bridge Dept. is forced to repair the gouges, cost the county money.

The County Attorney is trying to decide whether to purse the drivers civilly under Tex. Tran. Code 251.160 or criminally under PC 28.03. Has anyone else run into this issue and if so how are you handling it.

I'm not an attorney but I imagine the civil route would be easier since you only need prove that the truck caused the damage. For criminal mischief you've got the "intentionally or knowingly" element and I'd guess the driver would say he woulda stopped iffin he knew the trailer was riding on a rim.