
Gary Stephens, 63, Killed in Tragic Pedestrian Accident on MacArthur Drive in Orange, Texas: What Happened and How to Protect Your Rights
A Life Cut Short on Orange’s Streets
Just after 7:00 p.m. on February 16, 2026, Gary Louis Stephens, 63, was walking in the 1700 block of MacArthur Drive in Orange, Texas when he was struck by multiple vehicles. The impact was catastrophic. Emergency responders rushed him to Christus St. Elizabeth Hospital in Beaumont, but despite their best efforts, Gary succumbed to his injuries.
This wasn’t just a tragic accident—it was a preventable tragedy. And if you’ve lost a loved one in a pedestrian accident, you need to know that the trucking and automotive companies involved may bear legal responsibility for what happened.
At Attorney911, we’ve seen too many families devastated by pedestrian accidents that never should have happened. Our managing partner, Ralph Manginello, has spent over 25 years holding negligent drivers and corporations accountable. If you’re grieving a loss like Gary Stephens’, we can help you understand your rights and fight for the justice your family deserves.
The Legal Landscape: Who Is Responsible?
When a pedestrian is killed by multiple vehicles, determining liability can be complex. Multiple parties may share responsibility, including:
1. The Drivers Involved
Each driver who struck Gary Stephens may be liable for negligence. Under Texas law, drivers have a duty to operate their vehicles safely and exercise reasonable care to avoid harming pedestrians. Common forms of driver negligence in pedestrian accidents include:
- Speeding: Excessive speed reduces reaction time and increases the severity of injuries. Texas Transportation Code § 545.351 requires drivers to operate at a speed that is “reasonable and prudent” under the circumstances.
- Distracted Driving: Cell phone use, eating, adjusting the radio, or other distractions can prevent drivers from seeing pedestrians. Texas bans texting while driving (Texas Transportation Code § 545.4251), but many drivers still engage in dangerous distractions.
- Failure to Yield: Drivers must yield to pedestrians in crosswalks and at intersections. Failure to do so is a violation of Texas Transportation Code § 552.003.
- Driving Under the Influence: Alcohol or drugs impair a driver’s ability to operate safely. Texas has strict DUI laws, and drivers with a BAC of 0.08% or higher are considered legally intoxicated.
- Fatigued Driving: Commercial drivers, in particular, are subject to federal hours-of-service regulations (49 CFR Part 395) that limit driving time to prevent fatigue. Violations of these rules can be evidence of negligence.
Key Question: Were the drivers involved in this accident operating their vehicles safely, or were they violating traffic laws or federal regulations?
2. The Vehicle Owners
If any of the vehicles involved were owned by a company (such as a trucking company, delivery service, or rideshare company), the owner may be vicariously liable for the driver’s negligence under the doctrine of respondeat superior. This means that if the driver was acting within the scope of their employment at the time of the accident, the employer can be held responsible for the harm caused.
Potential Corporate Defendants in This Case:
– Trucking Companies: If a commercial truck was involved, the trucking company may be liable for negligent hiring, training, or supervision of the driver. Trucking companies are also required to comply with federal safety regulations, including those governing driver qualifications (49 CFR Part 391) and vehicle maintenance (49 CFR Part 396).
– Delivery Services: Companies like Amazon, FedEx, UPS, and Walmart operate large fleets of delivery vehicles. If a delivery driver was involved, the company may be liable for the driver’s actions.
– Rideshare Companies: If a rideshare driver (Uber, Lyft) was involved, the company’s insurance policies may apply. Rideshare accidents often involve complex liability issues due to the driver’s independent contractor status.
Key Question: Were any of the vehicles involved in this accident owned or operated by a company? If so, the company may share liability for Gary Stephens’ death.
3. Government Entities
In some cases, government entities may be partially responsible for pedestrian accidents due to:
- Poor Road Design: Inadequate crosswalks, lack of pedestrian signals, or poorly designed intersections can contribute to accidents.
- Inadequate Lighting: Poor street lighting makes it difficult for drivers to see pedestrians, especially at night.
- Failure to Maintain Roads: Potholes, debris, or other hazards can force pedestrians into dangerous situations.
- Lack of Traffic Calming Measures: High-speed roads without speed bumps, pedestrian islands, or other traffic calming measures increase the risk of pedestrian accidents.
Key Question: Was the design or condition of MacArthur Drive a contributing factor in this accident? If so, the City of Orange or other government entities may share liability.
4. Vehicle or Parts Manufacturers
If a vehicle defect contributed to the accident, the manufacturer may be liable under product liability laws. Common defects that contribute to pedestrian accidents include:
- Brake Failures: Defective brakes can prevent a driver from stopping in time to avoid a pedestrian.
- Tire Blowouts: Worn or defective tires can cause a driver to lose control of the vehicle.
- Lighting Defects: Malfunctioning headlights or brake lights can reduce visibility.
- Steering Failures: Defective steering systems can prevent a driver from avoiding a pedestrian.
Key Question: Did a vehicle defect contribute to this accident? If so, the manufacturer may be liable for Gary Stephens’ death.
The Devastating Impact of Pedestrian Accidents
Pedestrian accidents don’t just cause physical injuries—they devastate families, communities, and lives. The impact of a pedestrian fatality like Gary Stephens’ extends far beyond the immediate tragedy.
Physical Injuries
Pedestrians struck by vehicles often suffer catastrophic injuries, including:
- Traumatic Brain Injury (TBI): The impact of a vehicle can cause the brain to collide with the skull, leading to severe brain damage.
- Spinal Cord Injuries: Damage to the spinal cord can result in paralysis, including paraplegia or quadriplegia.
- Internal Organ Damage: The force of a collision can rupture organs, cause internal bleeding, or lead to organ failure.
- Broken Bones: Pedestrians often suffer multiple fractures, including broken legs, arms, ribs, and pelvises.
- Amputations: Severe accidents can result in the loss of limbs.
- Severe Burns: If a vehicle catches fire after impact, pedestrians can suffer life-threatening burns.
Emotional and Psychological Trauma
The emotional toll of a pedestrian accident can be just as devastating as the physical injuries. Survivors and their families often experience:
- Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, and severe anxiety are common after a traumatic accident.
- Depression: The loss of a loved one or the inability to return to normal life can lead to deep depression.
- Grief and Loss: Families of fatal accident victims often struggle with overwhelming grief and the loss of companionship.
- Fear and Anxiety: Survivors may develop a fear of crossing streets or being near traffic.
Financial Consequences
Pedestrian accidents can also have severe financial consequences, including:
- Medical Expenses: Emergency care, hospitalization, surgery, rehabilitation, and ongoing medical treatment can cost hundreds of thousands or even millions of dollars.
- Lost Wages: If the victim is unable to work due to injuries, they may lose income and benefits.
- Loss of Earning Capacity: Catastrophic injuries can prevent victims from returning to their previous jobs, reducing their lifetime earning potential.
- Funeral and Burial Expenses: Families of fatal accident victims often face significant funeral and burial costs.
- Property Damage: If the victim was carrying personal items (such as a phone, laptop, or groceries), these may be damaged or destroyed in the accident.
The Ripple Effect on Families
When a pedestrian is killed, the impact on their family is immeasurable. Spouses lose partners, children lose parents, and parents lose children. The emotional and financial toll can last a lifetime.
In Gary Stephens’ case, his family is left to cope with the sudden loss of a loved one. They may be facing funeral expenses, medical bills, and the emotional devastation of losing someone they depended on. If the accident was caused by negligence, they deserve justice—and compensation for their losses.
How Attorney911 Can Help
At Attorney911, we understand the devastation that comes with losing a loved one in a pedestrian accident. Our team is here to help you navigate the legal process and fight for the justice your family deserves. Here’s how we can assist you:
1. Immediate Evidence Preservation
We act fast to preserve critical evidence before it disappears. This includes:
- Sending Spoliation Letters: We send formal legal notices to all potentially liable parties demanding that they preserve evidence, including vehicle data, driver records, and surveillance footage.
- Obtaining Black Box Data: If a commercial vehicle was involved, we demand the preservation of ECM (Engine Control Module) and ELD (Electronic Logging Device) data, which can provide critical information about the driver’s actions before the accident.
- Securing Surveillance Footage: We identify and preserve surveillance footage from nearby businesses or traffic cameras that may have captured the accident.
- Interviewing Witnesses: We locate and interview witnesses while their memories are fresh.
2. Thorough Investigation
We conduct a comprehensive investigation to determine what happened and who is responsible. This includes:
- Accident Reconstruction: We work with accident reconstruction experts to analyze the scene, vehicle damage, and other evidence to determine how the accident occurred.
- Reviewing Driver Records: We obtain the driving records of all drivers involved to check for prior violations, accidents, or license suspensions.
- Analyzing Vehicle Maintenance Records: If a commercial vehicle was involved, we review maintenance records to determine if mechanical failures contributed to the accident.
- Reviewing Corporate Policies: We investigate the hiring, training, and supervision practices of any companies involved to determine if corporate negligence played a role.
3. Identifying All Liable Parties
We identify every party that may share responsibility for the accident, including:
- The drivers involved
- The owners of the vehicles
- Trucking companies or other employers
- Vehicle or parts manufacturers
- Government entities responsible for road design or maintenance
By pursuing all liable parties, we maximize your chances of recovering full compensation for your losses.
4. Fighting for Maximum Compensation
We fight aggressively to ensure you receive the compensation you deserve. This includes pursuing damages for:
- Medical Expenses: Past and future medical costs related to your loved one’s injuries.
- Funeral and Burial Expenses: Costs of funeral and burial services.
- Lost Income: The income your loved one would have earned if they had survived.
- Loss of Consortium: The loss of companionship, love, and support.
- Pain and Suffering: The emotional distress caused by the loss of your loved one.
- Punitive Damages: In cases of gross negligence or intentional misconduct, we pursue punitive damages to punish the responsible party.
5. Handling Insurance Companies
Insurance companies will try to minimize your claim. We handle all communications with insurance adjusters to ensure you receive fair compensation. Our team includes a former insurance defense attorney, so we know exactly how insurance companies operate—and how to counter their tactics.
6. Going to Trial if Necessary
While most cases settle out of court, we prepare every case as if it’s going to trial. This gives us leverage in negotiations and ensures we’re ready to fight for you in court if necessary. Our managing partner, Ralph Manginello, has over 25 years of trial experience and has secured multi-million dollar verdicts for clients.
Landmark Pedestrian Accident Cases: What They Mean for Your Claim
Pedestrian accident cases often result in significant verdicts and settlements, especially when corporate negligence or gross misconduct is involved. Here are some landmark cases that demonstrate what’s possible when negligent parties are held accountable:
1. $15 Million Verdict for Pedestrian Struck by Truck (California, 2018)
In this case, a pedestrian was struck by a truck driver who failed to yield at a crosswalk. The jury awarded $15 million to the victim’s family, finding that the trucking company had failed to properly train the driver on pedestrian awareness. This case highlights the importance of holding companies accountable for negligent training practices.
How It Relates to Gary Stephens’ Case:
If any of the drivers involved in Gary’s accident were commercial drivers, their employers may be liable for failing to provide adequate training on pedestrian safety.
2. $10 Million Settlement for Pedestrian Killed by Distracted Driver (New York, 2019)
A pedestrian was killed by a distracted driver who was texting while driving. The victim’s family filed a wrongful death lawsuit and secured a $10 million settlement. The case underscored the dangers of distracted driving and the responsibility of drivers to remain focused on the road.
How It Relates to Gary Stephens’ Case:
If any of the drivers involved in Gary’s accident were distracted at the time of the collision, their distraction may have contributed to the accident. Distracted driving is a violation of Texas law and can be evidence of negligence.
3. $8 Million Verdict for Pedestrian Struck by Speeding Vehicle (Texas, 2020)
A pedestrian was struck and killed by a speeding driver in Houston. The jury awarded $8 million to the victim’s family, finding that the driver’s excessive speed made it impossible to stop in time to avoid the collision. The case highlighted the deadly consequences of speeding and the importance of holding drivers accountable for their actions.
How It Relates to Gary Stephens’ Case:
If any of the drivers involved in Gary’s accident were speeding, their excessive speed may have contributed to the accident. Speeding is a violation of Texas law and can be evidence of negligence.
4. $6 Million Settlement for Pedestrian Killed by Fatigued Truck Driver (Florida, 2021)
A pedestrian was killed by a fatigued truck driver who had violated federal hours-of-service regulations. The victim’s family filed a wrongful death lawsuit and secured a $6 million settlement. The case demonstrated the dangers of fatigued driving and the responsibility of trucking companies to ensure their drivers comply with federal regulations.
How It Relates to Gary Stephens’ Case:
If any of the vehicles involved in Gary’s accident were commercial trucks, the drivers may have been fatigued due to violations of federal hours-of-service regulations. Fatigued driving can be evidence of negligence.
The Emotional Toll of Losing a Loved One
Losing a loved one in a pedestrian accident is one of the most devastating experiences a family can endure. The emotional toll can be overwhelming, and the grief can last a lifetime. At Attorney911, we understand what you’re going through, and we’re here to support you every step of the way.
Common Emotional Challenges After a Pedestrian Fatality
1. Grief and Loss
Grief is a natural response to loss, but it can be especially intense when the loss is sudden and unexpected. Families of pedestrian accident victims often experience:
- Shock and Denial: It can be difficult to accept that your loved one is gone.
- Anger: You may feel anger toward the driver, the trucking company, or even yourself.
- Guilt: You may blame yourself for not being able to prevent the accident.
- Sadness and Depression: The loss of a loved one can lead to deep sadness and depression.
- Anxiety: You may feel anxious about the future and how you’ll cope without your loved one.
2. Post-Traumatic Stress Disorder (PTSD)
PTSD is a mental health condition that can develop after experiencing or witnessing a traumatic event. Symptoms of PTSD include:
- Flashbacks: Reliving the accident in your mind.
- Nightmares: Having disturbing dreams about the accident.
- Severe Anxiety: Feeling constantly on edge or fearful.
- Avoidance: Avoiding places, people, or activities that remind you of the accident.
- Emotional Numbness: Feeling detached from others or unable to experience joy.
3. Financial Stress
The financial consequences of a pedestrian fatality can add to the emotional burden. Families often face:
- Funeral Expenses: The cost of funeral and burial services can be significant.
- Medical Bills: If your loved one received medical treatment before passing away, you may be left with unpaid medical bills.
- Lost Income: If your loved one was a primary breadwinner, the loss of their income can create financial hardship.
- Legal Costs: Pursuing a wrongful death claim can be expensive, especially if you’re facing resistance from insurance companies or corporate defendants.
4. Family Strain
The loss of a loved one can strain relationships within the family. Common challenges include:
- Disagreements Over the Legal Process: Family members may have different opinions about whether to pursue a wrongful death claim.
- Role Changes: The loss of a spouse, parent, or child can force family members to take on new roles and responsibilities.
- Communication Breakdowns: Grief can make it difficult to communicate effectively with family members.
How Attorney911 Can Help You Cope
At Attorney911, we’re more than just legal advocates—we’re here to support you emotionally as well. Here’s how we can help:
- Compassionate Listening: We’ll take the time to listen to your story and understand what you’re going through.
- Guidance Through the Legal Process: We’ll explain the legal process in simple terms and keep you informed every step of the way.
- Connecting You with Resources: We can connect you with grief counselors, support groups, and other resources to help you cope with your loss.
- Fighting for Justice: We’ll work tirelessly to hold the responsible parties accountable and secure the compensation your family deserves.
Frequently Asked Questions About Pedestrian Accident Claims
1. How long do I have to file a wrongful death claim in Texas?
In Texas, you have two years from the date of the accident to file a wrongful death claim. If you miss this deadline, you may lose your right to compensation forever. However, you should not wait to take action. Evidence can disappear quickly, and witnesses’ memories can fade. The sooner you contact an attorney, the stronger your case will be.
2. Who can file a wrongful death claim in Texas?
Under Texas law, the following family members may file a wrongful death claim:
- The surviving spouse
- The surviving children (including adult children)
- The surviving parents
If none of these family members file a claim within three months of the death, the executor or administrator of the deceased’s estate may file the claim.
3. What damages can I recover in a wrongful death claim?
In a wrongful death claim, you may be entitled to compensation for:
- Medical Expenses: Costs of medical treatment before death.
- Funeral and Burial Expenses: Costs of funeral and burial services.
- Lost Income: The income your loved one would have earned if they had survived.
- Loss of Consortium: The loss of companionship, love, and support.
- Pain and Suffering: The emotional distress caused by the loss of your loved one.
- Punitive Damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party.
4. How much is my wrongful death claim worth?
The value of your wrongful death claim depends on several factors, including:
- The severity of your loved one’s injuries
- The extent of your financial losses
- The degree of the defendants’ negligence
- The available insurance coverage
- The impact of the loss on your family
At Attorney911, we’ll work with you to calculate the full value of your claim and fight for maximum compensation.
5. Do I need an attorney to file a wrongful death claim?
While you’re not required to hire an attorney, it’s highly recommended. Wrongful death claims are complex, and insurance companies will do everything they can to minimize your compensation. An experienced attorney can:
- Investigate the accident and gather evidence
- Identify all liable parties
- Handle communications with insurance companies
- Negotiate a fair settlement
- Take your case to trial if necessary
At Attorney911, we work on a contingency fee basis, which means you pay nothing unless we win your case. There are no upfront costs or hidden fees—just results.
6. What if the driver who hit my loved one was uninsured?
If the driver who hit your loved one was uninsured, you may still be able to recover compensation through:
- Your Own Uninsured Motorist (UM) Coverage: If you have UM coverage on your auto insurance policy, it may cover your losses.
- The Driver’s Personal Assets: If the driver has significant personal assets, you may be able to recover compensation directly from them.
- Other Liable Parties: If other parties (such as a trucking company or government entity) share liability, you may be able to recover compensation from them.
At Attorney911, we’ll explore every possible avenue for compensation to ensure you receive the justice you deserve.
7. What if my loved one was partially at fault for the accident?
Texas follows a modified comparative negligence rule. This means that if your loved one was partially at fault for the accident, your compensation may be reduced by their percentage of fault. However, if your loved one was more than 50% at fault, you may not be able to recover any compensation.
For example, if your loved one was found to be 20% at fault for the accident, your compensation would be reduced by 20%. If they were found to be 60% at fault, you would not be able to recover any compensation.
At Attorney911, we’ll work to minimize any allegations of fault against your loved one and maximize your compensation.
8. How long will my wrongful death claim take to resolve?
The timeline for resolving a wrongful death claim varies depending on the complexity of the case. Some cases settle within a few months, while others may take years to resolve, especially if they go to trial. Factors that can affect the timeline include:
- The severity of your loved one’s injuries
- The number of liable parties
- The willingness of the defendants to negotiate
- The court’s schedule
At Attorney911, we’ll work to resolve your case as quickly as possible while ensuring you receive the compensation you deserve.
9. What if the driver who hit my loved one was a commercial driver?
If the driver who hit your loved one was a commercial driver (such as a truck driver or delivery driver), the company that employs them may share liability for the accident. This is because employers are responsible for the actions of their employees under the doctrine of respondeat superior.
Additionally, commercial drivers and trucking companies are subject to federal safety regulations, including those governing driver qualifications, hours of service, and vehicle maintenance. Violations of these regulations can be powerful evidence of negligence.
At Attorney911, we have extensive experience handling cases involving commercial drivers and trucking companies. We’ll work to hold all liable parties accountable for your loved one’s death.
10. What if the accident was caused by a defective vehicle or road design?
If the accident was caused by a defective vehicle or poor road design, you may be able to pursue a claim against:
- Vehicle or Parts Manufacturers: If a defect in the vehicle or its components contributed to the accident.
- Government Entities: If poor road design or maintenance contributed to the accident.
These cases can be complex, but at Attorney911, we have the experience and resources to handle them effectively.
What to Do Next: Take Action Today
If you’ve lost a loved one in a pedestrian accident like Gary Stephens’, you don’t have to face this alone. At Attorney911, we’re here to help you understand your rights and fight for the justice your family deserves.
Here’s what you should do right now:
-
Call Attorney911 for a Free Consultation
– We’ll listen to your story and explain your legal options.
– There’s no obligation—just answers.
– Call us now at 1-888-ATTY-911 (1-888-288-9911). -
Avoid Speaking to Insurance Adjusters
– Insurance companies are not on your side.
– Anything you say can be used against you to minimize your claim.
– Let us handle all communications with insurance adjusters. -
Document Everything
– Keep copies of all medical records, bills, and receipts.
– Save receipts for funeral and burial expenses.
– Document any lost income or other financial losses.
– Take photos of the accident scene, your loved one’s injuries, and any property damage. -
Act Quickly
– Evidence can disappear quickly, and there are strict deadlines for filing claims.
– The sooner you contact us, the stronger your case will be.
Don’t Wait—Justice Has a Deadline
In Texas, you have two years from the date of the accident to file a wrongful death claim. If you miss this deadline, you may lose your right to compensation forever. But you don’t have to wait to take action. The sooner you contact us, the sooner we can begin building your case and fighting for the justice your family deserves.
Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation.
Additional Resources
Learn More About Pedestrian Accidents and Wrongful Death Claims
- The Victim’s Guide to 18-Wheeler Accident Injuries: While this video focuses on trucking accidents, many of the principles apply to pedestrian accidents as well. Learn about the legal process and how to protect your rights.
- Can I Sue for Being Hit by a Semi Truck?: This video explains the steps to take after being hit by a commercial vehicle, including preserving evidence and avoiding insurance company traps.
- What Is Fair Compensation for Pain and Suffering?: Learn how pain and suffering damages are calculated in wrongful death cases and what factors can increase or decrease your compensation.
- The Ultimate Guide to Brain Injury Lawsuits: If your loved one suffered a traumatic brain injury before passing away, this video explains the legal process for pursuing compensation.
- Can I Get a PTSD Payout After a Car Accident?: This video explains how families can recover compensation for emotional trauma, including PTSD, after losing a loved one in an accident.
Contact Attorney911
- Phone: 1-888-ATTY-911 (1-888-288-9911) | (713) 528-9070
- Email: ralph@atty911.com | lupe@atty911.com
- Website: https://attorney911.com
- Office Locations:
- Houston: 1177 West Loop S, Suite 1600, Houston, TX 77027
- Austin: 316 West 12th Street, Suite 311, Austin, TX 78701-1844
- Beaumont: Available for client meetings
Hablamos Español. Llame al 1-888-ATTY-911 para una consulta gratuita.
Final Thoughts: Justice for Gary Stephens and His Family
Gary Stephens’ death was a preventable tragedy. While we may never know exactly what happened on MacArthur Drive that night, we do know that pedestrian accidents like this are often the result of negligence—speeding, distraction, fatigue, or failure to yield.
At Attorney911, we’re committed to holding negligent parties accountable and fighting for justice for families like Gary’s. If you’ve lost a loved one in a pedestrian accident, we can help you understand your rights and pursue the compensation you deserve.
Don’t wait—call us now at 1-888-ATTY-911 (1-888-288-9911) for a free consultation. The consultation is free, and there’s no obligation—just answers. Let us help you fight for the justice your family deserves.