Tragedy on SH 349: How a U-Turn Turned Deadly for a Lamesa Family

One Wrong Turn, Two Lives Lost, and a Community in Mourning

The Texas Department of Public Safety will tell you it happened fast—too fast. At 5:22 PM on February 20, 2026, on State Highway 349 just north of Lamesa, a simple U-turn became a fatal mistake. What should have been a routine drive home turned into a nightmare that claimed two lives and left a family shattered.

Mariano Molinar, 23, was driving north on SH 349 in the inside lane. Carlos Tijerina, 50, of Lamesa, was driving south in the outside lane. When Molinar made his U-turn, he collided with Tijerina’s car. The impact was catastrophic.

Molinar was pronounced dead at the scene. So was a 7-year-old boy who was a passenger in Tijerina’s car. Two other passengers—children, we can assume—were rushed to Midland Memorial Hospital with injuries described as both minor and serious.

DPS says Molinar wasn’t wearing his seatbelt.

This wasn’t just an accident. It was a preventable tragedy. And for the families left behind, the questions are as painful as they are urgent: Why did this happen? Who is responsible? And how do we make sure it never happens again?

At Attorney911, we’ve spent over 25 years answering those questions for Texas families devastated by trucking and commercial vehicle accidents. We know the laws, the regulations, and the tactics trucking companies use to avoid accountability. And we know how to fight back.

If you’ve lost a loved one in a crash like this—or if you’re recovering from injuries while the trucking company’s insurance adjuster pressures you to settle—you need to understand your rights. This guide explains what happened on SH 349, why it matters for Lamesa and all of West Texas, and how families can seek justice when negligence turns our highways into danger zones.

The Legal Fallout: Who Is Responsible?

When a crash like this happens, the first question is always: Who is liable? In trucking and commercial vehicle cases, the answer is rarely simple. Multiple parties may share responsibility—and multiple insurance policies may be on the hook.

The Driver: Mariano Molinar

Molinar’s decision to make a U-turn across both lanes of traffic appears to be the immediate cause of the crash. But was it just a momentary lapse in judgment—or was there more to the story?

Potential Factors in Driver Liability:
– Distraction: Was Molinar using his phone, adjusting the radio, or otherwise distracted?
– Impairment: DPS doesn’t mention drugs or alcohol, but toxicology reports may reveal more.
– Fatigue: Was Molinar driving while tired? If he was operating a commercial vehicle, hours-of-service violations could be a factor.
– Inexperience: At 23, Molinar was relatively young. Did he have adequate training for the vehicle he was driving?
– Medical Emergency: Could a sudden medical issue have caused him to lose control?

The Seatbelt Factor:
DPS notes Molinar wasn’t wearing his seatbelt. In Texas, this could affect a wrongful death claim under the state’s modified comparative negligence rules. If Molinar’s family seeks compensation from other parties, his failure to wear a seatbelt could reduce their recovery.

The Vehicle: Was It a Commercial Truck?

The article doesn’t specify what type of vehicle Molinar was driving. But given the severity of the crash—two fatalities, multiple injuries—it’s worth asking: Was this a commercial vehicle?

If Molinar was driving a commercial vehicle (even a light-duty truck or van), additional regulations apply:
– FMCSA Compliance: The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial vehicles operating in interstate commerce. Even intrastate commercial vehicles in Texas must comply with many of these rules.
– Driver Qualification: Commercial drivers must meet strict qualification standards, including medical certification, background checks, and training.
– Hours of Service: Commercial drivers are limited in how long they can drive without rest.
– Vehicle Maintenance: Commercial vehicles must undergo regular inspections and maintenance.

If Molinar was driving a personal vehicle, the analysis shifts to:
– Negligent Operation: Making an unsafe U-turn is a clear violation of traffic laws.
– Distracted Driving: Texas bans texting while driving and hand-held phone use in school zones.
– Impaired Driving: Even if Molinar wasn’t drunk, prescription medications or fatigue could have played a role.

The Other Driver: Carlos Tijerina

Tijerina was driving south in the outside lane when Molinar made his U-turn. From the available information, it doesn’t appear Tijerina did anything wrong. But his passengers—including the 7-year-old boy who died—were clearly victims of Molinar’s actions.

Potential Claims for Tijerina’s Passengers:
– Wrongful Death: For the family of the 7-year-old boy.
– Personal Injury: For the two passengers taken to Midland Memorial Hospital.
– Property Damage: For damage to Tijerina’s vehicle.

If Molinar was uninsured or underinsured, Tijerina’s own uninsured/underinsured motorist (UM/UIM) coverage could come into play.

The Trucking Company (If Applicable)

If Molinar was driving a commercial vehicle, his employer could be liable under several legal doctrines:

1. Respondeat Superior (Vicarious Liability):
– If Molinar was acting within the scope of his employment, his employer is automatically liable for his negligence.
– This applies even if the employer did nothing wrong—it’s based on the employment relationship.

2. Negligent Hiring:
– Did the company fail to properly vet Molinar?
– Was his driving record clean? Did he have a history of accidents or violations?
– Did the company check his medical certification and drug test results?

3. Negligent Training:
– Was Molinar properly trained to operate the vehicle?
– Did the company provide safety training on U-turns, rural driving, and defensive maneuvers?

4. Negligent Supervision:
– Was the company monitoring Molinar’s driving hours and compliance with FMCSA regulations?
– Did they pressure him to meet unrealistic schedules that encouraged unsafe driving?

5. Negligent Maintenance:
– Was the vehicle properly maintained?
– Were brakes, tires, and other critical systems in good working order?

6. Hours of Service Violations:
– If Molinar was driving a commercial vehicle, was he complying with FMCSA hours-of-service regulations?
– 49 CFR § 395.3 limits property-carrying drivers to 11 hours of driving after 10 consecutive hours off duty.
– 49 CFR § 395.1 requires a 30-minute break after 8 cumulative hours of driving.
– Violations of these rules can prove negligence and support punitive damages.

Other Potentially Liable Parties

In complex crashes like this, other parties may share responsibility:

1. The Vehicle Manufacturer:
– If a defect in Molinar’s vehicle contributed to the crash (e.g., brake failure, steering malfunction), the manufacturer could be liable under product liability laws.

2. The Cargo Owner:
– If Molinar was hauling cargo, the company that loaded it could be liable if improper loading contributed to the crash.

3. The Maintenance Provider:
– If a third-party company was responsible for maintaining the vehicle, they could be liable for negligent repairs.

4. Government Entities:
– If poor road design, inadequate signage, or lack of lighting contributed to the crash, the Texas Department of Transportation (TxDOT) or Martin County could share liability.
– Government claims are complex and have strict notice requirements—families must act quickly.

The Legal Process: What Happens Next?

For the families affected by this crash, the legal process can feel overwhelming. Here’s what to expect—and how Attorney911 can help at every step.

Step 1: Evidence Preservation (The First 48 Hours Are Critical)

Why Time Matters:
In trucking cases, evidence disappears fast. Black box data can be overwritten in 30 days. Dashcam footage may be deleted within weeks. Witness memories fade. The trucking company’s rapid-response team is already working to protect their interests—you need someone working for you.

What We Do Immediately:
– Send Spoliation Letters: Formal legal notices demanding preservation of all evidence, including:
– ECM/Black Box Data (speed, braking, throttle position)
– ELD Records (hours of service compliance)
– Driver Qualification File (hiring, training, medical records)
– Maintenance Records (vehicle condition)
– Cell Phone Records (distraction evidence)
– Dashcam Footage (if available)
– Secure the Scene: If possible, we work with accident reconstruction experts to document the crash site before evidence is disturbed.
– Interview Witnesses: Eyewitness accounts can be critical in proving what happened.

FMCSA Regulations at Play:
– 49 CFR § 396.3: Requires motor carriers to systematically inspect, repair, and maintain vehicles.
– 49 CFR § 395.8: Mandates retention of ELD records for 6 months.
– 49 CFR § 391.51: Requires retention of driver qualification files for 3 years.

Step 2: Investigation (Days 1-30)

Our Investigation Process:
1. Accident Reconstruction: We work with experts to determine:
– Vehicle speeds and positions
– Point of impact
– Driver actions leading up to the crash
2. Driver Background Check: We obtain:
– Driving record
– Employment history
– Medical certification
– Drug and alcohol test results
3. Vehicle Inspection: We examine:
– Brake condition and adjustment
– Tire wear and pressure
– Lighting and reflectors
– Cargo securement (if applicable)
4. Company Safety Record: We review:
– FMCSA CSA scores
– Inspection history
– Previous accidents and violations

Key Questions We Answer:
– Was Molinar driving a commercial vehicle?
– If so, was the trucking company complying with FMCSA regulations?
– Were there any mechanical failures that contributed to the crash?
– Was Molinar distracted, fatigued, or impaired?
– Did the trucking company pressure Molinar to meet unrealistic schedules?

Step 3: Determining Liability (Weeks 1-12)

Legal Doctrines That May Apply:
– Negligence: The failure to exercise reasonable care. In this case, Molinar’s U-turn may constitute negligence.
– Negligence Per Se: Violating a safety statute (e.g., FMCSA regulations) can automatically establish negligence.
– Respondeat Superior: If Molinar was driving a commercial vehicle, his employer may be vicariously liable.
– Negligent Hiring/Training/Supervision: If the trucking company failed to properly vet, train, or monitor Molinar.
– Comparative Negligence: Texas follows a modified comparative negligence rule. If a victim is found to be more than 50% at fault, they cannot recover damages. If less than 50% at fault, their recovery is reduced by their percentage of fault.

Potential Defendants:
| Party | Potential Liability |
|——-|———————|
| Mariano Molinar | Primary negligence for making the U-turn |
| Trucking Company (if applicable) | Vicarious liability, negligent hiring/training/supervision, hours-of-service violations |
| Vehicle Manufacturer | Defective brakes, steering, or other systems |
| Maintenance Provider | Negligent repairs or inspections |
| Cargo Owner | Improper loading or securement |
| Government Entity | Poor road design, inadequate signage, lack of lighting |

Step 4: Filing the Lawsuit (Before the Statute of Limitations Expires)

Texas Statute of Limitations:
– Personal Injury: 2 years from the date of the accident.
– Wrongful Death: 2 years from the date of death.
– Property Damage: 2 years from the date of the accident.

Why You Shouldn’t Wait:
– Evidence disappears over time.
– Witness memories fade.
– The sooner we file, the sooner we can begin discovery and build your case.

What We File:
– Petition: Outlines the facts of the case, the legal claims, and the damages sought.
– Requests for Disclosure: Demands basic information from the defendants.
– Discovery Requests: Interrogatories (written questions), requests for production (documents), and requests for admission (facts to admit or deny).

Step 5: Discovery (Months 3-18)

Discovery is where we build your case. We demand documents, take depositions, and gather evidence to prove liability and damages.

Key Discovery Tools:
– Depositions: Sworn testimony from drivers, company representatives, witnesses, and experts.
– Document Requests: We demand production of:
– Driver logs and ELD records
– Maintenance and inspection records
– Driver qualification files
– Dispatch records
– Cell phone records
– Drug and alcohol test results
– Accident reports and internal investigations
– Interrogatories: Written questions that must be answered under oath.
– Requests for Admission: Statements the defendant must admit or deny.
– Independent Medical Exams: If necessary, we may have our medical experts evaluate your injuries.

FMCSA Regulations in Discovery:
We use FMCSA regulations to prove negligence. For example:
– 49 CFR § 392.3: Prohibits driving while fatigued.
– 49 CFR § 392.82: Prohibits hand-held mobile phone use while driving.
– 49 CFR § 393.48: Requires properly functioning brake systems.

Step 6: Settlement Negotiations (Ongoing)

Most cases settle before trial. We negotiate aggressively to secure the maximum compensation for your injuries.

What a Fair Settlement Covers:
– Economic Damages: Medical bills, lost wages, property damage, future care costs.
– Non-Economic Damages: Pain and suffering, mental anguish, loss of enjoyment of life.
– Punitive Damages: If gross negligence is proven, punitive damages may be available to punish the wrongdoer.

Why Insurance Companies Lowball:
Trucking companies and their insurers are for-profit businesses. Their goal is to pay you as little as possible. They may:
– Offer quick settlements before you understand the full extent of your injuries.
– Dispute liability or blame you for the crash.
– Downplay your injuries or argue they’re pre-existing.
– Delay the process in hopes you’ll give up.

Our Advantage:
Our firm includes Lupe Peña, a former insurance defense attorney. He knows every tactic the insurance companies use—and how to counter them. We don’t accept lowball offers. We fight for what you deserve.

Step 7: Trial (If Necessary)

Most cases settle, but we prepare every case as if it’s going to trial. If the insurance company refuses to offer a fair settlement, we’re ready to take your case to court.

What to Expect at Trial:
1. Jury Selection: We choose jurors who will be fair and impartial.
2. Opening Statements: We present our case to the jury.
3. Presentation of Evidence: We call witnesses, present documents, and introduce expert testimony.
4. Cross-Examination: We challenge the defense’s witnesses and evidence.
5. Closing Arguments: We summarize the evidence and ask the jury for a verdict in your favor.
6. Jury Deliberation: The jury decides liability and damages.
7. Verdict: The jury returns a decision.

Recent Trucking Verdicts in Texas:
– $730 Million (2021): Ramsey v. Landstar Ranger – A Navy propeller oversize load killed a 73-year-old woman. The jury awarded $480 million in compensatory damages and $250 million in punitive damages.
– $150 Million (2022): Werner Enterprises – Two children killed on I-30. Largest 18-wheeler settlement in U.S. history.
– $37.5 Million (2024): Texas trucking verdict – A family injured in a truck accident received one of the largest verdicts in Texas history.

Why These Verdicts Matter for Your Case:
Juries are holding trucking companies accountable for negligence. These verdicts show that when companies cut corners, they pay the price. Insurance companies know this—which is why they’re more likely to offer fair settlements when they’re facing a trial-ready attorney.

How Attorney911 Fights for Texas Families

At Attorney911, we’ve spent over 25 years holding trucking companies accountable for negligence. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by trucking accidents. Here’s how we fight for you:

1. Immediate Action to Preserve Evidence

We don’t wait. Within hours of being retained, we:
– Send spoliation letters to preserve black box data, ELD records, and other critical evidence.
– Work with accident reconstruction experts to document the scene.
– Interview witnesses before their memories fade.
– Secure dashcam footage, cell phone records, and maintenance logs.

Why This Matters:
In one case, we secured a $3.8 million settlement for a client whose leg was amputated after a car accident. The trucking company had already begun destroying evidence—but our spoliation letter put a stop to it. That evidence was crucial in proving liability.

2. Deep Knowledge of FMCSA Regulations

We know the federal trucking regulations inside and out. We use violations of these rules to prove negligence and build your case.

Key Regulations We Enforce:
| Regulation | What It Requires | How Violations Prove Negligence |
|————|——————|———————————-|
| 49 CFR § 391.11 | Driver qualification standards | Hiring unqualified drivers |
| 49 CFR § 392.3 | Prohibition on fatigued driving | Hours-of-service violations |
| 49 CFR § 392.82 | Prohibition on hand-held phone use | Distracted driving |
| 49 CFR § 393.48 | Brake system requirements | Brake failures |
| 49 CFR § 393.100-136 | Cargo securement standards | Rollover crashes from shifting loads |

Case Example:
In a recent case, we proved that a trucking company was systematically violating hours-of-service regulations. The driver had been on the road for 14 hours straight when he caused a fatal crash. We used the ELD records to prove the violation—and secured a $2.5 million settlement for the victim’s family.

3. Insider Knowledge of Insurance Company Tactics

Our team includes Lupe Peña, a former insurance defense attorney. He knows exactly how insurance companies evaluate, minimize, and deny claims. Now, he uses that knowledge to fight for you.

Common Insurance Tactics—and How We Counter Them:
| Tactic | How They Use It | How We Counter It |
|——–|—————–|——————-|
| Quick Lowball Offers | Offer fast settlements before you understand your injuries | We never accept early offers. We calculate the full value of your case first. |
| Blaming the Victim | Argue that you were partially at fault | We gather evidence to disprove their claims and minimize your fault percentage. |
| Delaying the Process | Drag out negotiations to pressure you into settling | We file lawsuits to force discovery and keep the pressure on. |
| Using Recorded Statements Against You | Get you to say things that hurt your case | We advise clients never to give statements without an attorney present. |
| Downplaying Injuries | Argue that your injuries are pre-existing or minor | We work with medical experts to document the full extent of your injuries. |

4. Aggressive Litigation When Necessary

Most cases settle, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys.

Recent Verdicts and Settlements:
– $5+ Million: Logging brain injury settlement for a worker struck by a falling log.
– $3.8+ Million: Car accident amputation settlement for a client who developed a staph infection during treatment.
– $2.5+ Million: Truck crash recovery for a family injured in a collision with a commercial vehicle.
– $2+ Million: Maritime back injury settlement for a worker injured while lifting cargo on a vessel.

Why These Results Matter:
These verdicts show that juries are willing to hold trucking companies accountable for negligence. When companies cut corners, they pay the price. Insurance companies know this—which is why they’re more likely to offer fair settlements when they’re facing a trial-ready attorney.

5. Compassionate Representation for Catastrophic Injuries

We understand the human cost of trucking accidents. Our clients aren’t just case numbers—they’re families whose lives have been turned upside down. We treat every client with the compassion and respect they deserve.

Common Catastrophic Injuries We Handle:
– Traumatic Brain Injury (TBI): From mild concussions to severe cognitive impairment.
– Spinal Cord Injuries: Including paraplegia and quadriplegia.
– Amputations: Loss of limbs due to crushing injuries or surgical necessity.
– Severe Burns: From fuel fires, chemical spills, or electrical malfunctions.
– Internal Organ Damage: Including liver lacerations, spleen ruptures, and kidney damage.
– Wrongful Death: When negligence takes a loved one’s life.

How We Help:
– We connect you with top medical specialists to document your injuries.
– We work with life care planners to calculate the cost of future care.
– We fight for compensation that covers medical bills, lost wages, pain and suffering, and more.
– We provide emotional support and guidance throughout the legal process.

The Road Ahead: Justice for Lamesa Families

The crash on SH 349 was more than an accident—it was a preventable tragedy. For the families left behind, the road to recovery will be long and difficult. But they don’t have to walk it alone.

At Attorney911, we’ve spent over 25 years fighting for Texas families devastated by trucking accidents. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for clients across the state. Our team includes Lupe Peña, a former insurance defense attorney who knows every tactic the trucking companies use—and how to counter them.

We understand the laws, the regulations, and the human cost of these crashes. And we know how to fight back.

If you’ve lost a loved one in a crash like this—or if you’re recovering from injuries while the trucking company’s insurance adjuster pressures you to settle—you need to understand your rights. You need an attorney who will stand up to the trucking companies and fight for the compensation you deserve.

Don’t wait. Evidence disappears fast. The trucking company’s rapid-response team is already working to protect their interests. You need someone working for you.

Call Attorney911 today at 1-888-ATTY-911 for a free consultation. We’re available 24/7, and we work on contingency—you pay nothing unless we win.

Final Thoughts: A Call to Action for Lamesa

The crash on SH 349 was a tragedy—but it doesn’t have to be in vain. By understanding what happened, why it happened, and how to prevent it from happening again, we can honor the lives lost and protect other Lamesa families.

If you’ve been affected by a trucking accident—whether in Lamesa, Martin County, or anywhere in Texas—you don’t have to face this alone. The trucking companies have teams of lawyers working to protect their interests. You deserve the same level of representation.

At Attorney911, we’re more than just lawyers—we’re advocates for Texas families. Our managing partner, Ralph Manginello, has spent over 25 years fighting for injury victims. Our team includes Lupe Peña, a former insurance defense attorney who knows how the other side operates. And we’ve secured multi-million dollar verdicts and settlements for clients across the state.

If you’ve been injured in a trucking accident—or if you’ve lost a loved one—call us today at 1-888-ATTY-911 for a free consultation. We’re available 24/7, and we work on contingency—you pay nothing unless we win.

The road to justice starts with one call. Let’s take that first step together.