Pedestrian Hit by Truck on Crosswalk in Marshall, Texas: What Happened and What Comes Next

A Life Changed in an Instant on Marshall’s Streets

It happened at 6:50 PM on February 25, 2026. A pedestrian was crossing at a marked crosswalk in Rapid City — a neighborhood in Marshall, Texas — when a commercial truck struck them. The impact was catastrophic. In that single moment, everything changed.

While the full details of the victim’s injuries haven’t been publicly released, we know this much: when an 80,000-pound truck collides with a pedestrian, the outcome is almost always severe. Traumatic brain injuries, spinal cord damage, multiple fractures, internal bleeding — these are the kinds of life-altering injuries that Marshall families face when trucking companies fail to prioritize safety.

At Attorney911, we’ve seen this scenario too many times. A truck driver makes a careless turn. A company cuts corners on training. A moment of distraction leads to a lifetime of consequences. And while the trucking industry moves on, the victim and their family are left to pick up the pieces.

This isn’t just another news story. This is a legal emergency. And if you or someone you love has been in a similar situation in Marshall, Harrison County, or anywhere in East Texas, you need to know your rights — and how to fight back.

Why Crosswalk Truck Accidents Happen: The Root Causes

Pedestrian-truck collisions at crosswalks don’t happen by accident. They happen because of systemic failures — failures that are preventable, and for which trucking companies must be held accountable.

1. Driver Distraction: The Silent Killer

Distracted driving is a leading cause of pedestrian accidents, and commercial truck drivers are not immune. In fact, they may be more susceptible due to:

• Dispatch Communications: Truck drivers are often required to communicate with dispatchers via in-cab devices, which can take their attention off the road.
• Cell Phone Use: Despite federal regulations prohibiting hand-held phone use (49 CFR § 392.82), many drivers still text, call, or use apps while driving.
• Fatigue and Zoning Out: Long hours on the road lead to mental fatigue, reducing reaction times and situational awareness.

FMCSA Regulation Violated:
– 49 CFR § 392.82 – Prohibits commercial drivers from using hand-held mobile phones while driving.
– 49 CFR § 392.80 – Prohibits texting while driving.

Why This Matters in Marshall:
Marshall’s streets are busy. Between local traffic, school zones, and residential neighborhoods like Rapid City, drivers need to be alert at all times. A truck driver distracted for even a few seconds can miss a pedestrian in a crosswalk — with devastating consequences.

2. Failure to Yield: A Violation of Basic Traffic Law

Pedestrians in crosswalks have the right-of-way in Texas. When a driver fails to yield, the consequences can be deadly. Common scenarios include:

• Right Turns on Red: Drivers turning right may focus on oncoming traffic and miss pedestrians crossing from the right.
• Left Turns: Drivers turning left may misjudge the speed of pedestrians or fail to see them in their path.
• Rolling Stops: Some drivers treat stop signs as yield signs, especially in residential areas.

Texas Transportation Code § 552.003:
A driver must yield the right-of-way to a pedestrian crossing within a marked or unmarked crosswalk.

Why This Matters in Marshall:
Residential neighborhoods like Rapid City often have crosswalks at intersections without traffic signals. Drivers may not expect pedestrians, especially in the evening when visibility is reduced. But the law is clear: pedestrians have the right-of-way, and drivers must yield.

3. Poor Visibility and Lighting Conditions

The accident occurred at 6:50 PM in February — a time when daylight is fading, and visibility is reduced. Factors that contribute to poor visibility include:

• Inadequate Street Lighting: Some crosswalks in residential areas may not be well-lit.
• Glare from Headlights: Oncoming traffic can create glare that obscures pedestrians.
• Truck Blind Spots: Large trucks have significant blind spots, especially on the right side (the “No-Zone”). A pedestrian crossing from the right may be completely invisible to the driver.

FMCSA Regulation Violated:
– 49 CFR § 393.80 – Requires trucks to have properly adjusted mirrors to minimize blind spots.

Why This Matters in Marshall:
Marshall’s older neighborhoods may have lighting that hasn’t been updated in decades. When combined with the size of commercial trucks, this creates a dangerous situation for pedestrians. Trucking companies must ensure their drivers are trained to account for these conditions.

4. Speeding: A Recipe for Disaster

Speeding reduces a driver’s ability to react to pedestrians and increases the severity of injuries in a collision. In residential areas, even small increases in speed can be deadly.

• Stopping Distance: At 30 mph, a truck needs approximately 120 feet to stop. At 40 mph, that distance increases to 200 feet.
• Impact Force: The faster a truck is traveling, the greater the force of impact. A pedestrian struck by a truck traveling at 40 mph is far more likely to suffer fatal injuries than one struck at 20 mph.

FMCSA Regulation Violated:
– 49 CFR § 392.6 – Prohibits driving at speeds greater than what is reasonable and prudent for conditions.

Why This Matters in Marshall:
Speed limits in residential areas are typically 25-30 mph, but trucks often travel faster. When a truck is speeding through a neighborhood like Rapid City, the driver has less time to react to pedestrians — and the consequences are more severe.

5. Driver Fatigue: The Invisible Threat

Fatigued driving is a well-documented hazard in the trucking industry. When drivers are tired, their reaction times slow, their judgment is impaired, and their ability to recognize hazards — like a pedestrian in a crosswalk — is compromised.

FMCSA Hours of Service (HOS) Regulations (49 CFR § 395):
– 11-Hour Driving Limit: Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
– 14-Hour Duty Window: Drivers may not 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 Limit: Drivers may not drive after 60 hours in 7 days or 70 hours in 8 days.

Why This Matters in Marshall:
Marshall is a hub for freight movement. Trucks pass through on I-20, deliver goods to local businesses, and transport materials to and from the Port of Longview. With this volume of truck traffic, fatigued drivers are a constant risk. When a driver is pushing their limits to meet a deadline, they’re more likely to miss critical details — like a pedestrian in a crosswalk.

6. Inadequate Driver Training

Not all truck drivers are equally skilled. Some companies cut corners on training to save money, leaving drivers ill-prepared to handle the challenges of urban and residential driving.

Key Training Deficiencies:
– Urban Driving: Many drivers are trained primarily for highway driving and lack experience navigating tight streets, crosswalks, and pedestrian traffic.
– Right-of-Way Rules: Some drivers may not fully understand pedestrian right-of-way laws, especially in states with unique rules.
– Blind Spot Awareness: Drivers may not be properly trained to account for blind spots, particularly on the right side of the truck.

FMCSA Regulation Violated:
– 49 CFR § 391.11 – Requires drivers to be qualified to operate a commercial motor vehicle safely.

Why This Matters in Marshall:
Marshall’s mix of urban and residential streets presents unique challenges for truck drivers. Narrow roads, frequent stops, and pedestrian traffic require specialized training. When trucking companies fail to provide this training, accidents like this one become more likely.

7. Negligent Hiring and Supervision

Trucking companies have a legal obligation to hire qualified drivers and supervise them properly. When they fail to do so, they can be held liable for the harm their drivers cause.

Negligent Hiring Red Flags:
– Hiring drivers with a history of traffic violations or accidents.
– Failing to conduct thorough background checks.
– Ignoring previous employer references or safety records.
– Hiring drivers with suspended or revoked commercial driver’s licenses (CDLs).

Negligent Supervision Red Flags:
– Failing to monitor driver compliance with HOS regulations.
– Ignoring patterns of unsafe driving behavior.
– Failing to address driver fatigue or distraction.
– Not providing ongoing safety training.

FMCSA Regulation Violated:
– 49 CFR § 391.23 – Requires motor carriers to investigate a driver’s safety history for the past 3 years.

Why This Matters in Marshall:
Trucking companies that prioritize profit over safety often cut corners on hiring and training. When a company hires an unqualified driver or fails to supervise them properly, the entire community pays the price.

The Legal Process: What Happens Next for the Victim

If you or a loved one is the victim of a pedestrian-truck accident in Marshall, here’s what you can expect from the legal process:

1. Immediate Steps: Protecting Your Rights

Within the First 48 Hours:
– Seek Medical Attention: Even if you feel fine, get checked out. Some injuries (like TBI or internal bleeding) may not show symptoms immediately.
– Document the Scene: If possible, take photos of the accident scene, the truck, your injuries, and any visible damage.
– Get Witness Information: Collect names and contact information from anyone who saw the accident.
– Report the Accident: Ensure a police report is filed. This is critical evidence.
– Do NOT Give a Statement to the Trucking Company’s Insurance: Anything you say can be used against you. Let your attorney handle all communications.
– Contact an Attorney: The sooner you contact an attorney, the sooner we can begin preserving evidence and building your case.

Why This Matters:
Evidence disappears quickly in trucking cases. Black box data can be overwritten. Dashcam footage can be deleted. Witness memories fade. The trucking company’s rapid-response team is already working to protect their interests. You need someone working to protect yours.

2. Investigation: Building Your Case

At Attorney911, we begin investigating your case immediately. Here’s what we do:

Preserve Evidence:
– Send a Spoliation Letter: We send a formal legal notice to the trucking company demanding they preserve all evidence, including:
– ECM/Black Box Data
– ELD Records
– Driver Qualification File
– Maintenance Records
– Dispatch Logs
– Drug and Alcohol Test Results
– Dashcam Footage
– GPS/Telematics Data
– Secure Physical Evidence: We ensure the truck and any failed components (brakes, tires, etc.) are preserved for inspection.

Gather Evidence:
– Accident Reconstruction: We work with experts to reconstruct the accident and determine how it happened.
– Medical Records: We obtain all medical records to document your injuries and treatment.
– Witness Statements: We interview witnesses to corroborate your version of events.
– Trucking Company Records: We subpoena the trucking company’s records to uncover negligence.
– FMCSA Compliance Review: We review the trucking company’s safety record to identify patterns of violations.

Identify All Liable Parties:
– We investigate every potential defendant to ensure you can recover from all responsible parties.

3. Filing a Claim: Demanding Compensation

Once we’ve gathered evidence, we file a claim with the trucking company’s insurance. This claim will include:

• Economic Damages: Medical expenses, lost wages, property damage, and future care costs.
• Non-Economic Damages: Pain and suffering, mental anguish, loss of enjoyment of life, and disfigurement.
• Punitive Damages: If the trucking company acted with gross negligence or reckless disregard for safety, we may seek punitive damages to punish their conduct.

Why This Matters:
Insurance companies are trained to minimize claims. They’ll offer a quick, lowball settlement to make your case go away. We don’t let that happen. We negotiate aggressively to ensure you receive full and fair compensation.

4. Litigation: Taking Your Case to Court

If the insurance company refuses to offer a fair settlement, we file a lawsuit. Here’s what to expect:

Filing the Lawsuit:
– We file a complaint in court outlining the facts of the case and the damages you’re seeking.
– The trucking company has 20-30 days to respond.

Discovery:
– Interrogatories: Written questions that the trucking company must answer under oath.
– Depositions: Sworn testimony from the driver, company representatives, witnesses, and experts.
– Document Requests: We demand additional records from the trucking company.
– Expert Reports: Our experts provide written reports on accident reconstruction, medical injuries, and damages.

Mediation:
– Before trial, the court may order mediation — a settlement conference with a neutral mediator.
– We prepare thoroughly for mediation to maximize your settlement.

Trial:
– If mediation fails, we take your case to trial.
– We present evidence, call witnesses, and argue your case to a jury.
– The jury decides liability and damages.

Why This Matters:
Most cases settle before trial, but 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.

5. Resolution: Securing Your Future

Whether through settlement or trial, our goal is to secure the compensation you need to move forward. This may include:

• Medical Expenses: Past, present, and future medical costs.
• Lost Wages: Income lost due to your injuries.
• Lost Earning Capacity: If your injuries prevent you from returning to work or reduce your earning potential.
• Pain and Suffering: Compensation for the physical and emotional toll of your injuries.
• Punitive Damages: If the trucking company acted with gross negligence.

Why This Matters:
Trucking accidents often result in catastrophic injuries that require lifelong care. We fight to ensure you have the resources you need to cover medical expenses, replace lost income, and rebuild your life.

FMCSA Enforcement: How Regulators Hold Trucking Companies Accountable

The Federal Motor Carrier Safety Administration (FMCSA) is responsible for enforcing federal trucking regulations. When trucking companies violate these regulations, they face fines, out-of-service orders, and other penalties. Here’s how FMCSA enforcement works and why it matters for your case:

1. Compliance, Safety, Accountability (CSA) Program

The FMCSA’s CSA program tracks trucking companies’ safety performance using a scoring system. Companies with poor CSA scores are more likely to be inspected and face enforcement actions.

CSA Categories:
– Unsafe Driving: Speeding, reckless driving, improper lane changes.
– Hours of Service Compliance: Violations of HOS regulations.
– Driver Fitness: Unqualified drivers, missing medical certificates.
– Controlled Substances/Alcohol: Drug and alcohol violations.
– Vehicle Maintenance: Brake, tire, and lighting violations.
– Hazardous Materials Compliance: Improper handling of hazmat.
– Crash Indicator: History of preventable crashes.

Why This Matters for This Case:
If the trucking company in this case has a poor CSA score, it could be evidence of a pattern of negligence. We obtain the company’s CSA records to identify violations that may have contributed to the accident.

2. Roadside Inspections and Out-of-Service Orders

FMCSA and state inspectors conduct roadside inspections of commercial trucks. If a truck is found to have critical violations, it can be placed out of service until the violations are corrected.

Common Out-of-Service Violations:
– Brake System Deficiencies: Worn or improperly adjusted brakes.
– Tire Violations: Bald tires, mismatched duals, or underinflation.
– Lighting Violations: Missing or non-functional lights.
– Cargo Securement Violations: Improperly secured cargo.
– HOS Violations: Drivers operating beyond legal limits.

Why This Matters for This Case:
If the truck involved in this accident had recent out-of-service violations, it could be evidence of negligent maintenance or supervision. We obtain the truck’s inspection history to identify any violations.

3. FMCSA Investigations and Penalties

The FMCSA conducts investigations of trucking companies to identify patterns of violations. If a company is found to have systemic safety problems, the FMCSA can impose penalties, including:

• Fines: Civil penalties for violations.
• Suspension or Revocation of Operating Authority: The company may be prohibited from operating.
• Corrective Action Plans: The company must implement safety improvements.

Example of FMCSA Enforcement:
In 2023, the FMCSA fined Werner Enterprises $1.2 million for widespread HOS violations, including falsification of driver logs. The company was also required to implement a corrective action plan to improve compliance.

Why This Matters for This Case:
If the trucking company in this case has a history of FMCSA violations, it could be evidence of a corporate culture that prioritizes profit over safety. We obtain the company’s FMCSA enforcement history to identify patterns of negligence.

Why You Need an Attorney: The Attorney911 Advantage

If you or a loved one has been injured in a pedestrian-truck accident in Marshall, you need an attorney who understands the complexities of trucking litigation. Here’s why Attorney911 is the right choice:

1. 25+ Years of Experience Fighting Trucking Companies

Our managing partner, Ralph Manginello, has been fighting for injury victims since 1998. With over 25 years of experience, he has handled countless trucking accident cases and secured multi-million dollar verdicts and settlements for his clients.

Ralph’s Experience Includes:
– Federal Court Admission: Ralph is admitted to practice in the U.S. District Court for the Southern District of Texas, giving him the ability to handle complex federal trucking cases.
– BP Texas City Explosion Litigation: Ralph was one of the few Texas attorneys involved in the BP Texas City explosion litigation, demonstrating his ability to take on major corporations.
– Multi-Million Dollar Verdicts: Ralph has secured multi-million dollar settlements and verdicts for clients with catastrophic injuries.

Why This Matters for Your Case:
Trucking companies have teams of lawyers working to minimize your claim. You need someone with the experience and resources to fight back — and win.

2. Insider Knowledge of Insurance Company Tactics

Our associate attorney, Lupe Peña, spent years working for a national insurance defense firm. He knows exactly how insurance companies evaluate, minimize, and deny claims. Now, he uses that insider knowledge to fight for you.

What Lupe Knows:
– How insurance companies value claims.
– The tactics adjusters use to lowball victims.
– How to counter every argument the insurance company makes.

Why This Matters for Your Case:
Insurance companies are trained to pay you as little as possible. With Lupe on your side, you have someone who knows their playbook and can outmaneuver them.

3. Aggressive Evidence Preservation

In trucking cases, evidence disappears fast. Black box data can be overwritten. Dashcam footage can be deleted. Witness memories fade. That’s why we act immediately to preserve evidence.

Our Evidence Preservation Protocol:
– Spoliation Letters: We send formal legal notices to the trucking company demanding they preserve all evidence.
– ECM/Black Box Data: We demand immediate download of the truck’s electronic data.
– ELD Records: We obtain the driver’s electronic logs to check for HOS violations.
– Maintenance Records: We subpoena the truck’s maintenance history to identify negligent upkeep.
– Driver Qualification File: We obtain the driver’s employment records to check for negligent hiring.
– Physical Evidence: We ensure the truck and any failed components are preserved for inspection.

Why This Matters for Your Case:
Without evidence, your case is weakened. We don’t let that happen. We act fast to secure the evidence you need to prove negligence.

4. Comprehensive Investigation

We leave no stone unturned in investigating your case. Our team includes:

• Accident Reconstruction Experts: To determine how the accident happened.
• Medical Experts: To document your injuries and future care needs.
• Vocational Experts: To calculate your lost earning capacity.
• Economic Experts: To determine the present value of your damages.
• FMCSA Compliance Experts: To identify regulatory violations.

Why This Matters for Your Case:
The more evidence we gather, the stronger your case becomes. We build a comprehensive case that leaves no room for doubt.

5. Willingness to Go to Trial

Most trucking accident cases settle before trial, but 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 Trial Experience:
– Federal Court: Ralph’s admission to the Southern District of Texas means we can handle complex federal cases.
– Multi-Million Dollar Verdicts: We’ve secured verdicts and settlements in the millions for our clients.
– Aggressive Litigation: We don’t back down from tough cases or deep-pocketed defendants.

Why This Matters for Your Case:
Insurance companies know which lawyers are willing to go to trial. When they know we’re prepared to fight, they’re more likely to offer a fair settlement.

6. Compassionate, Client-Focused Representation

At Attorney911, we treat our clients like family. We understand the physical, emotional, and financial toll a catastrophic injury takes, and we’re here to support you every step of the way.

What Our Clients Say:

“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client

“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client

Why This Matters for Your Case:
When you hire Attorney911, you’re not just hiring a law firm — you’re gaining a team that cares about you and your family.

Frequently Asked Questions About Pedestrian-Truck Accidents

1. What should I do immediately after being hit by a truck in Marshall?

If you’ve been hit by a truck in Marshall, take these steps:
– Call 911 and report the accident.
– Seek medical attention, even if you feel fine.
– Document the scene with photos and witness information.
– Do NOT give a statement to the trucking company’s insurance.
– Contact an attorney immediately to preserve evidence.

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

Multiple parties may share liability, including:
– The truck driver.
– The trucking company (motor carrier).
– The truck owner (if different from the carrier).
– The cargo owner or shipper.
– The loading company.
– The truck or parts manufacturer.
– The municipality or government entity (for road defects).

3. What kind of compensation can I recover?

You may be entitled to:
– Medical Expenses: Past, present, and future medical costs.
– Lost Wages: Income lost due to your injuries.
– Lost Earning Capacity: If your injuries prevent you from returning to work.
– Pain and Suffering: Compensation for the physical and emotional toll of your injuries.
– Punitive Damages: If the trucking company acted with gross negligence.

4. How long do I have to file a 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 immediately — evidence disappears quickly in trucking cases.

5. What if I was partially at fault for the accident?

Texas follows a modified comparative negligence rule. This means:
– If you were less than 50% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
– If you were 50% or more at fault, you cannot recover any damages.

6. How much is my case worth?

The value of your case depends on many factors, including:
– The severity of your injuries.
– The cost of your medical treatment.
– Your lost wages and earning capacity.
– The degree of the trucking company’s negligence.
– The available insurance coverage.

Trucking companies carry higher insurance limits than typical auto policies, often ranging from $750,000 to $5 million or more. This means catastrophic injuries can actually be compensated.

7. Will my case go to trial?

Most trucking accident cases settle before trial, but 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.

8. How long will my case take to resolve?

Timelines vary depending on the complexity of the case:
– Simple Cases: 6-12 months.
– Complex Cases: 1-3 years or more.
– Cases That Go to Trial: 2-4 years.

We work to resolve cases as quickly as possible while maximizing your recovery.

9. What if the trucking company offers me a quick settlement?

Do NOT accept a quick settlement without consulting an attorney. Insurance companies offer quick settlements to pay you far less than your case is worth. Once you accept a settlement, you waive your right to additional compensation — even if your injuries worsen.

10. How much does it cost to hire Attorney911?

We work on a contingency fee basis — you pay nothing unless we win your case. Our fee is a percentage of your recovery, and we advance all costs of litigation. You never receive a bill from us.

Call Attorney911 Now: Your Fight Starts Here

Free Consultation • No Fee Unless We Win • 24/7 Availability

📞 1-888-ATTY-911 (1-888-288-9911)
📞 (713) 528-9070 (Direct)
📧 ralph@atty911.com
🌐 https://attorney911.com

Hablamos Español. Lupe Peña y nuestro equipo bilingüe están listos para ayudarle.

Don’t Let the Trucking Company Win

The trucking company has lawyers. They have insurance adjusters. They have rapid-response teams. Who’s fighting for you?

At Attorney911, we level the playing field. We know their tactics. We know how to counter them. And we know how to win.

Your fight starts with one call: 1-888-ATTY-911.

We answer. We fight. We win.