Pedestrian Struck by Truck at Mission Intersection: Legal Rights and Next Steps for Cotulla Families

The Tragic Incident at Conway Avenue and East Mile 3 Road

In the early morning hours of February 17, 2026, the Mission community was shaken by a devastating collision at the intersection of Conway Avenue and East Mile 3 Road. A pedestrian was struck by a vehicle in what witnesses described as a chaotic scene of emergency lights and concerned murmurs. While details remain scarce in these preliminary stages, the impact on the community is already profound.

This bustling intersection—known for its daily flow of commuters and local traffic—was brought to a standstill by the unfortunate event. Emergency authorities swiftly intervened, establishing control and beginning their investigation, but the questions linger: What exactly happened? Who was involved? And most importantly, how can the community prevent similar tragedies in the future?

At Attorney911, we’ve seen firsthand how truck and vehicle accidents at busy intersections can change lives in an instant. Our managing partner, Ralph Manginello, has spent over 25 years fighting for victims of catastrophic collisions across Texas. If you or a loved one has been affected by a similar incident in Cotulla or anywhere in Texas, we’re here to help you understand your rights and pursue justice.

The Investigation: What We Know So Far

Authorities have reported that details concerning the number of individuals involved and the severity of injuries remain scarce. The investigation is still in its preliminary phase as police work to gather all relevant information. This process is critical, as the findings will shape any potential legal claims and help prevent future accidents.

Key Questions the Investigation Must Answer

1. What was the driver’s condition at the time of the accident?
   – Was the driver fatigued, distracted, or impaired?
   – Were there any mechanical failures with the vehicle?
   – Did the driver have a history of traffic violations or accidents?

2. What were the road and weather conditions?
   – Was visibility compromised due to weather, lighting, or other factors?
   – Were there any known hazards at the intersection?

3. Was the pedestrian in a crosswalk or designated crossing area?
   – Did the pedestrian have the right-of-way?
   – Were there any obstructions that may have contributed to the accident?

4. What role did the intersection’s design play?
   – Are there known issues with visibility, signage, or traffic flow at this location?
   – Have there been previous accidents at this intersection?

5. What corporate entities are involved?
   – If the vehicle was a commercial truck, what company employed the driver?
   – What is the trucking company’s safety record?

These questions are not just academic—they form the foundation of any legal claim. At Attorney911, we know how to dig deep into these details to build a strong case for our clients.

FMCSA Regulations: The Legal Framework for Trucking Safety

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial motor vehicles operating in interstate commerce. These regulations are designed to ensure the safety of both drivers and the public. When trucking companies or drivers violate these rules, they create dangerous conditions that can lead to catastrophic accidents.

Key FMCSA Regulations That May Apply to This Case

1. Driver Qualification Standards (49 CFR Part 391)
   Trucking companies must ensure their drivers are qualified to operate commercial vehicles. This includes:
   – Medical Certification: Drivers must pass a medical exam and obtain a valid medical certificate.
   – Commercial Driver’s License (CDL): Drivers must hold a valid CDL for the type of vehicle they operate.
   – Background Checks: Companies must verify the driver’s employment history, driving record, and criminal background.
   – Drug and Alcohol Testing: Drivers must undergo pre-employment, random, and post-accident drug and alcohol testing.

If the driver in this case was unqualified, improperly licensed, or operating under the influence, the trucking company could be held liable for negligent hiring or supervision.

2. Hours of Service (HOS) Regulations (49 CFR Part 395)
   Fatigue is a leading cause of truck accidents. FMCSA regulations limit how long drivers can operate commercial vehicles to prevent fatigue-related crashes:
   – 11-Hour Driving Limit: Drivers cannot drive more than 11 hours after 10 consecutive hours off duty.
   – 14-Hour On-Duty Window: Drivers cannot drive beyond the 14th consecutive hour after coming on duty.
   – 30-Minute Break: Drivers must take a 30-minute break after 8 cumulative hours of driving.
   – 60/70-Hour Weekly Limit: Drivers cannot exceed 60 hours of driving in 7 days or 70 hours in 8 days.

Violations of these regulations can be proven through Electronic Logging Device (ELD) data, which records driving time, duty status, and rest breaks. If the driver in this case was fatigued due to HOS violations, the trucking company could be held liable for negligence.

3. Vehicle Inspection and Maintenance (49 CFR Part 396)
   Trucking companies must systematically inspect, repair, and maintain their vehicles to ensure they are in safe operating condition. This includes:
   – Pre-Trip Inspections: Drivers must inspect their vehicles before each trip and report any defects.
   – Annual Inspections: Vehicles must pass a comprehensive annual inspection.
   – Maintenance Records: Companies must maintain records of all inspections and repairs.

If poor maintenance (e.g., brake failure, tire blowouts) contributed to the accident, the trucking company could be held liable for negligence.

4. Driving Rules (49 CFR Part 392)
   FMCSA regulations establish rules for the safe operation of commercial vehicles, including:
   – Prohibition on Distracted Driving: Drivers are prohibited from using hand-held mobile phones or texting while driving.
   – Speed Limits: Drivers must obey posted speed limits and adjust their speed for road and weather conditions.
   – Following Distance: Drivers must maintain a safe following distance to allow for adequate stopping time.

If the driver in this case was distracted, speeding, or following too closely, they may be held liable for negligence.

What Families Should Do After a Pedestrian Accident

If you or a loved one has been involved in a pedestrian accident, taking the right steps immediately can protect your health and your legal rights. Here’s what you should do:

1. Seek Medical Attention Immediately

Even if injuries seem minor, seek medical attention right away. Adrenaline can mask pain, and some injuries (e.g., traumatic brain injury, internal bleeding) may not be immediately apparent. Medical records will also serve as critical evidence in your case.

2. Document the Scene

If you’re able, take photos and videos of the accident scene, including:
– The vehicle involved
– The intersection or location of the accident
– Any visible injuries
– Road conditions, signage, and lighting
– Skid marks or debris

3. Collect Witness Information

Get the names and contact information of any witnesses. Their statements can be invaluable in reconstructing the accident and proving liability.

4. Report the Accident

Call the police and file an accident report. This creates an official record of the incident, which can be used as evidence in your case.

5. Do Not Give Statements to Insurance Companies

Insurance adjusters may contact you shortly after the accident. Do not give any recorded statements or sign any documents without consulting an attorney. Insurance companies are trained to minimize payouts, and anything you say can be used against you.

6. Preserve Evidence

If the vehicle involved was a commercial truck, critical evidence (e.g., ELD data, maintenance records, driver logs) can be destroyed or overwritten quickly. An attorney can send a spoliation letter to preserve this evidence before it’s lost.

7. Contact an Experienced Pedestrian Accident Attorney

Pedestrian accident cases are complex, involving multiple liable parties and intricate legal and regulatory issues. An experienced attorney can investigate the accident, identify all responsible parties, and fight for the compensation you deserve.

Landmark Cases and Legal Precedents

Pedestrian accident cases involving commercial vehicles have resulted in significant verdicts and settlements across the country. These cases demonstrate what’s possible when negligent parties are held accountable.

1. $462 Million Verdict (2024, Missouri)

In a landmark case, a Missouri jury awarded $462 million to the families of two men who were decapitated in an underride collision. The case involved a defective underride guard on a commercial trailer. This verdict highlights the catastrophic consequences of vehicle design defects and the importance of holding manufacturers accountable.

Relevance to This Case:
If the vehicle involved in the Mission accident had a defective design (e.g., inadequate lighting, poor visibility), the manufacturer could be held liable for negligence.

2. $160 Million Verdict (2024, Alabama)

In another high-profile case, an Alabama jury awarded $160 million to a plaintiff who was left quadriplegic after a rollover accident caused by a defective truck design. The verdict included $75 million in compensatory damages and $75 million in punitive damages, reflecting the jury’s outrage at the trucking company’s negligence.

Relevance to This Case:
If the driver in the Mission accident was fatigued, distracted, or improperly trained, the trucking company could face similar punitive damages for gross negligence.

3. $730 Million Verdict (2021, Texas)

In one of the largest trucking verdicts in U.S. history, a Texas jury awarded $730 million to the family of a woman killed by an oversize load. The case involved negligent hiring, training, and supervision by the trucking company. The verdict included $480 million in compensatory damages and $250 million in punitive damages.

Relevance to This Case:
This case underscores the importance of thorough investigations into trucking companies’ hiring and training practices. If the driver in the Mission accident was unqualified or improperly trained, the trucking company could be held liable for negligence.

4. $150 Million Settlement (2022, Texas)

In a tragic case, a Texas trucking company settled for $150 million after two children were killed in a collision on I-30. The settlement is the largest 18-wheeler accident settlement in U.S. history and reflects the devastating impact of trucking negligence on families.

Relevance to This Case:
This case demonstrates the potential value of wrongful death claims in pedestrian accidents. If the victim in the Mission accident suffered fatal injuries, their family could pursue a wrongful death claim against the responsible parties.

The Human Cost of Pedestrian Accidents

Pedestrian accidents involving commercial vehicles often result in catastrophic injuries due to the size and weight disparity between trucks and pedestrians. The human cost of these accidents is immeasurable, affecting victims and their families for years to come.

Common Injuries in Pedestrian Accidents

1. Traumatic Brain Injury (TBI)
   TBI occurs when a sudden trauma causes damage to the brain. In pedestrian accidents, TBI can result from the head striking the vehicle or the ground. Symptoms may include:
   – Loss of consciousness
   – Confusion or disorientation
   – Headaches and dizziness
   – Memory loss
   – Mood changes or depression
   – Cognitive impairment

TBI can have lifelong consequences, requiring extensive medical treatment and rehabilitation.

2. Spinal Cord Injuries
   Spinal cord injuries can result in partial or complete paralysis, depending on the severity and location of the injury. Common types of paralysis include:
   – Paraplegia: Loss of function in the lower body.
   – Quadriplegia: Loss of function in all four limbs.

Spinal cord injuries often require lifelong medical care and adaptive equipment.

3. Amputations
   Severe accidents can result in traumatic amputations, where a limb is severed at the scene. In other cases, surgical amputation may be necessary due to extensive damage. Amputations require prosthetics, rehabilitation, and psychological support.

4. Internal Organ Damage
   The force of a collision can cause internal injuries, such as:
   – Liver or spleen lacerations
   – Kidney damage
   – Lung contusions
   – Internal bleeding

These injuries can be life-threatening and require emergency surgery.

5. Fractures and Soft Tissue Injuries
   Pedestrians struck by vehicles often suffer multiple fractures, including:
   – Broken legs, arms, or ribs
   – Pelvic fractures
   – Skull fractures

Soft tissue injuries, such as sprains, strains, and whiplash, are also common.

6. Wrongful Death
   Tragically, pedestrian accidents are often fatal. Wrongful death claims allow surviving family members to seek compensation for:
   – Lost future income
   – Loss of companionship and guidance
   – Funeral and burial expenses
   – Pain and suffering experienced by the deceased before death

The Importance of Community Awareness

The Mission Police Department has emphasized the importance of road safety, urging citizens to remain vigilant while using the roads and to adhere strictly to traffic regulations. Community leaders and city officials have called for increased road safety measures and public awareness campaigns to prevent similar incidents in the future.

What Cotulla Can Learn from Mission

1. Increased Vigilance at Intersections
   Intersections like Conway Avenue and East Mile 3 Road are high-risk zones for pedestrians. Cotulla should identify similar high-risk intersections and implement safety measures, such as:
   – Improved signage and lighting
   – Pedestrian countdown signals
   – Traffic calming measures

2. Public Awareness Campaigns
   Educating the public about pedestrian safety can help prevent accidents. Campaigns could focus on:
   – The dangers of distracted walking and driving
   – The importance of visibility for pedestrians
   – The rights and responsibilities of pedestrians and drivers

3. Driver Education
   Many pedestrian accidents are caused by driver error. Education campaigns could target:
   – The importance of yielding to pedestrians
   – The dangers of distracted and fatigued driving
   – The risks of speeding in urban areas

4. Community Solidarity
   The Mission community has shown remarkable solidarity in the wake of this tragedy, offering support and aid to those affected. Cotulla can follow this example by fostering a culture of safety and support for accident victims.

Frequently Asked Questions About Pedestrian Accidents

1. What should I do immediately after a pedestrian accident?

• Seek medical attention, even if injuries seem minor.
• Document the scene with photos and videos.
• Collect witness contact information.
• Report the accident to the police.
• Do not give statements to insurance companies without consulting an attorney.
• Contact an experienced pedestrian accident attorney.

2. Who can be held liable in a pedestrian accident?

Multiple parties may share liability, including:
– The driver
– The trucking company (if a commercial vehicle was involved)
– Vehicle or parts manufacturers
– Government entities (for road design or maintenance issues)
– Cargo loaders or shippers (if applicable)

3. What compensation can I recover in a pedestrian accident case?

You may be entitled to compensation for:
– Medical expenses (past, present, and future)
– Lost wages and reduced earning capacity
– Pain and suffering
– Emotional distress
– Disability and disfigurement
– Loss of consortium (for spouses)
– Punitive damages (in cases of gross negligence)

4. How long do I have to file a pedestrian accident lawsuit in Texas?

In Texas, the statute of limitations for personal injury claims is 2 years from the date of the accident. However, you should contact an attorney as soon as possible to preserve evidence and protect your rights.

5. What if the driver claims I was at fault?

Texas follows a “modified comparative negligence” rule. This means that even if you were partially at fault, you can still recover compensation as long as you were not more than 50% at fault. Your compensation will be reduced by your percentage of fault.

6. What if the driver was uninsured or underinsured?

If the driver was uninsured or underinsured, you may still be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. An experienced attorney can help you explore all available options.

7. How much is my pedestrian accident case worth?

The value of your case depends on several factors, including:
– The severity of your injuries
– The extent of your medical expenses
– The impact on your ability to work
– The degree of the defendant’s negligence
– The available insurance coverage

An experienced attorney can evaluate your case and provide an estimate of its value.

8. Will my case go to trial?

Most pedestrian accident cases settle out of court. However, we prepare every case as if it’s going to trial to ensure we’re ready to fight for maximum compensation if necessary.

9. How long will my case take to resolve?

The timeline for resolving a pedestrian accident case varies depending on the complexity of the case, the severity of your injuries, and whether the case settles or goes to trial. Simple cases may resolve in a few months, while complex cases can take years.

10. Do I need an attorney for my pedestrian accident case?

While you’re not required to hire an attorney, pedestrian accident cases are complex and involve multiple liable parties, intricate legal issues, and aggressive insurance companies. An experienced attorney can level the playing field and fight for the compensation you deserve.

Take Action Now: Protect Your Rights

The aftermath of a pedestrian accident can be overwhelming, but you don’t have to navigate this difficult time alone. Here’s what you can do right now:

1. Call Attorney911 for a Free Consultation
   Our team is available 24/7 to discuss your case and provide the guidance you need. Call us at 1-888-ATTY-911 or (713) 528-9070.

2. Learn More About Your Rights
   Visit our website at https://attorney911.com to learn more about pedestrian accident cases and how we can help.

3. Watch Our Educational Videos
   – The Victim’s Guide to 18-Wheeler Accident Injuries
   – What to Do After a Car Accident?
   – The Ultimate Guide to Brain Injury Lawsuits
   – What Is Fair Compensation for Pain and Suffering?
   – Can I Get a PTSD Payout After a Car Accident?

4. Don’t Wait—Act Now
   Evidence in pedestrian accident cases can disappear quickly. The sooner you contact us, the sooner we can begin preserving evidence and building your case.

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