The State, a person, or a municipal corporation injured by any careless, negligent, or unlawful act of or failure of the principal or his or her agents or servants, to comply with the provisions of such permit or on account of the injury to a highway, bridge, or culvert because of the excessive weight allowed by such permit, and, if the death of any person is caused by any careless, negligent, or unlawful act as aforesaid, the executor or administrator shall have a right of action in the name of the obligee named in such bond for his or her, its, or their use and benefits against the principal and surety named in such bond, and may prosecute the same to final judgment and execution. (Amended 1961, No. 281, § 7.)