Fatal Dump Truck Accident in New Braunfels: Holding Negligent Parties Accountable
A Life Cut Short on North Seguin Avenue
The afternoon of February 24, 2026, started like any other day in New Braunfels. Stephanie Madzy, a 60-year-old resident, was simply trying to cross the intersection at North Seguin Avenue and Mill Street. What should have been a routine pedestrian movement turned into a horrific tragedy when a dump truck, stopped at the red light, failed to yield the right-of-way to pedestrians and struck Ms. Madzy. The impact was catastrophic. Emergency responders pronounced her dead at the scene.
The driver, Jude T. Jones, also 60, was taken to a local hospital for evaluation. Within hours, he was booked into the Comal County Jail and charged with criminally negligent homicide. The investigation remains ongoing, with authorities indicating additional charges are possible.
This wasn’t just an accident. It was a preventable tragedy caused by a failure to follow basic traffic laws and safety protocols. At Attorney911, we’ve seen far too many cases like this—where a moment of negligence changes lives forever. Our hearts go out to Ms. Madzy’s family, friends, and the entire New Braunfels community affected by this loss.
But grief must turn to action. Families deserve answers. They deserve justice. And they deserve to know how incidents like this can be prevented in the future. That’s why we’re breaking down exactly what happened, why it happened, and who must be held accountable.
Who Is Responsible? Identifying All Liable Parties
In incidents like this, liability rarely rests with just one party. Multiple entities may share responsibility for the dangerous conditions that led to the crash. At Attorney911, we investigate every potential defendant to ensure families receive full compensation.
1. The Driver: Jude T. Jones
Jude T. Jones is the most immediate party facing consequences. He has been charged with criminally negligent homicide—a serious charge that reflects the preventable nature of this tragedy.
Potential Driver Negligence:
– Failure to Yield Right-of-Way: Texas Transportation Code § 552.003 requires drivers to yield to pedestrians in crosswalks. Failing to do so is a clear violation of the law.
– Distracted Driving: While not confirmed in this case, distracted driving is a leading cause of pedestrian accidents. Cell phone use, dispatch communications, or in-cab distractions could have played a role.
– Fatigued Driving: Dump truck drivers often work long hours, especially in construction zones. Fatigue slows reaction times and impairs judgment.
– Impaired Driving: Though no impairment has been reported, drug or alcohol use would constitute gross negligence.
– Failure to Conduct Pre-Trip Inspection: Federal regulations require drivers to inspect their vehicles before each trip. If Jones failed to check his brakes, mirrors, or visibility, he may be liable.
Criminal vs. Civil Liability:
Jones faces criminal charges, but that doesn’t prevent a civil lawsuit. Criminal cases are about punishment; civil cases are about compensation. Even if Jones is acquitted or receives a light sentence, his actions can still form the basis for a wrongful death claim.
2. The Trucking Company / Motor Carrier
The dump truck involved was almost certainly operated by a commercial carrier. Even if Jones is an owner-operator, the company that hired or dispatched him bears significant responsibility.
Potential Trucking Company Negligence:
Vicarious Liability (Respondeat Superior):
Under the legal doctrine of respondeat superior, employers are liable for their employees’ negligent acts committed within the scope of employment. If Jones was acting as an employee or agent of a trucking company, that company can be held financially responsible for his actions.
Direct Negligence:
Trucking companies can also be directly liable for their own negligence:
- Negligent Hiring: Did the company properly vet Jones? Did they check his driving record, medical certification, or previous employment history? If Jones had a history of traffic violations or safety incidents, the company may be liable for hiring him.
- Negligent Training: Were Jones and other drivers properly trained on urban driving, pedestrian awareness, and right-of-way laws? Inadequate training is a common factor in preventable accidents.
- Negligent Supervision: Did the company monitor Jones’s driving behavior? Were there prior incidents or complaints that went unaddressed?
- Negligent Scheduling: Was Jones under pressure to meet tight deadlines? Did dispatchers encourage him to skip breaks or violate hours-of-service regulations?
- Negligent Maintenance: Did the company properly maintain the dump truck? Were there known issues with brakes, visibility, or other safety systems that were ignored?
FMCSA Violations:
The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking companies. Common violations that could apply in this case include:
- 49 CFR § 391.11 – Driver Qualification: Failure to maintain a proper Driver Qualification File (DQF) for Jones, including his employment application, driving record, and medical certification.
- 49 CFR § 392.2 – Applicable Rules: Failure to ensure drivers comply with all traffic laws, including right-of-way requirements.
- 49 CFR § 395 – Hours of Service: If Jones was fatigued due to excessive driving hours, the company may have violated HOS regulations.
- 49 CFR § 396 – Inspection and Maintenance: Failure to properly inspect and maintain the dump truck, including brakes, mirrors, and visibility systems.
Insurance Implications:
Trucking companies are required to carry minimum liability insurance of $750,000 for non-hazardous freight. Many carry $1 million or more. This higher coverage means families have a better chance of receiving full compensation for their losses.
3. The Cargo Owner / Shipper
Dump trucks typically transport materials for construction projects, municipal services, or private contractors. The entity that owned the cargo may share liability if:
- They pressured the trucking company to meet unrealistic deadlines
- They required overweight or improperly secured loads
- They failed to disclose hazardous materials
In this case, the cargo type hasn’t been disclosed, but if it was construction debris, sand, gravel, or other materials, the project owner or general contractor could be implicated.
4. The Loading Company
If a third party loaded the dump truck, they may be liable for:
- Improperly secured cargo that shifted and affected visibility or handling
- Overloading the truck beyond its weight capacity
- Failing to use proper blocking, bracing, or tiedowns
5. The Truck or Parts Manufacturer
If a mechanical failure contributed to the crash, the manufacturer of the dump truck or its components could be liable under product liability laws. Potential defects include:
- Brake System Failures: Defective brake components that prevented the truck from stopping in time
- Visibility Systems: Poorly designed mirrors, cameras, or blind-spot detection systems
- Steering Mechanisms: Defects that caused loss of control
- Lighting Systems: Non-functioning turn signals, brake lights, or headlights that failed to alert pedestrians
6. The City of New Braunfels / Government Entities
Government entities can be liable for dangerous road conditions that contribute to accidents. Potential claims against the City of New Braunfels include:
- Inadequate Signage: Were pedestrian crossing signs clearly visible? Were there warnings about truck traffic?
- Poor Intersection Design: Is the intersection of North Seguin Avenue and Mill Street designed to accommodate both pedestrian and truck traffic safely?
- Inadequate Lighting: Was the intersection properly lit at 5:45 p.m.?
- Failure to Maintain Crosswalks: Were crosswalk markings faded or obscured?
- Lack of Traffic Calming Measures: Are there speed bumps, pedestrian islands, or other measures to slow traffic and protect pedestrians?
Sovereign Immunity Challenges:
Government liability is limited by sovereign immunity laws. In Texas, claims against governmental entities are capped at $250,000 per person and $500,000 per occurrence. Additionally, notice requirements are strict, and deadlines are short. Families must act quickly to preserve their rights.
7. Construction or Project Contractors
If the dump truck was serving a construction project, the general contractor or project owner may be liable for:
- Creating hazardous traffic patterns
- Failing to provide safe pedestrian routes
- Pressuring drivers to meet tight deadlines
- Allowing unsafe loading practices
The Legal Path Forward: Building a Wrongful Death Case
Stephanie Madzy’s family has the right to pursue a wrongful death claim against all responsible parties. Texas law allows surviving family members to recover compensation for their losses when a loved one is killed due to another’s negligence.
Who Can File a Wrongful Death Claim in Texas?
Under Texas Civil Practice and Remedies Code § 71.004, the following individuals can bring a wrongful death claim:
- Surviving spouse
- Children (including adult children)
- Parents
If none of these individuals file a claim within three months of the death, the personal representative of the estate may file on behalf of the beneficiaries.
Types of Damages Available
Wrongful death claims in Texas allow recovery for both economic and non-economic damages:
Economic Damages:
– Lost Income and Benefits: The financial support Ms. Madzy would have provided to her family over her working lifetime
– Funeral and Burial Expenses: Reasonable costs associated with laying Ms. Madzy to rest
– Medical Expenses: Any medical bills incurred before her death
– Loss of Inheritance: The value of what Ms. Madzy would have saved and left to her family
Non-Economic Damages:
– Loss of Consortium: The loss of love, companionship, comfort, and society Ms. Madzy provided to her spouse
– Loss of Parental Guidance: The loss of guidance, nurturing, and emotional support Ms. Madzy provided to her children
– Mental Anguish: The emotional pain and suffering experienced by surviving family members
– Pain and Suffering: The physical pain and emotional distress Ms. Madzy experienced before her death
Punitive Damages:
In cases of gross negligence or willful misconduct, punitive damages may be available to punish the wrongdoer and deter similar conduct. For example, if the trucking company knowingly hired an unqualified driver or pressured Jones to violate safety regulations, punitive damages could apply.
Proving Negligence in a Wrongful Death Case
To succeed in a wrongful death claim, the family must prove:
- Duty of Care: The defendant owed Ms. Madzy a duty to act reasonably and safely. For the driver and trucking company, this duty is established by traffic laws and FMCSA regulations.
- Breach of Duty: The defendant failed to meet that duty. In this case, Jones failed to yield the right-of-way to a pedestrian in a crosswalk.
- Causation: The breach of duty directly caused Ms. Madzy’s death. The failure to yield led to the collision that killed her.
- Damages: The family suffered actual damages as a result of Ms. Madzy’s death.
Key Evidence in This Case:
– Police Report: The official accident report will document the scene, witness statements, and the officer’s determination of fault.
– Witness Statements: Eyewitnesses can corroborate that Jones failed to yield and describe the impact.
– Surveillance Footage: Nearby businesses or traffic cameras may have captured the accident.
– Driver Records: Jones’s driving history, employment records, and training documentation can reveal patterns of negligence.
– Trucking Company Records: The company’s hiring practices, training programs, and safety records can demonstrate systemic negligence.
– Vehicle Data: The dump truck’s ECM (black box) data can show Jones’s speed, braking, and other actions leading up to the crash.
– Maintenance Records: Documentation of the truck’s maintenance history can reveal deferred repairs or known defects.
– Expert Testimony: Accident reconstruction experts can analyze the scene and determine how the crash occurred. Medical experts can testify about Ms. Madzy’s injuries and cause of death.
The Role of Criminal Charges
Jude T. Jones has been charged with criminally negligent homicide. While this is a serious charge, it’s important to understand that criminal and civil cases serve different purposes:
- Criminal Case: The state prosecutes Jones to punish him for violating the law. If convicted, he could face fines, probation, or jail time.
- Civil Case: The family pursues compensation for their losses. Even if Jones is acquitted or receives a light sentence, he and the trucking company can still be held financially liable.
In many cases, evidence from the criminal investigation can be used in the civil case. For example, if Jones pleads guilty or is convicted, that admission can be powerful evidence in the wrongful death claim.
The Attorney911 Difference: Why Experience Matters in Trucking Cases
At Attorney911, we’ve been fighting for trucking accident victims for over 25 years. Our managing partner, Ralph Manginello, has built a reputation for holding negligent trucking companies accountable and securing justice for families devastated by preventable crashes.
Our Unique Advantages
1. Insider Knowledge of the Trucking Industry
Our team includes attorneys who previously worked in insurance defense—including Lupe Peña, who spent years representing trucking companies. This insider perspective gives us a strategic advantage:
- We know exactly how insurance companies evaluate claims
- We understand the tactics they use to minimize payouts
- We can anticipate their arguments and counter them effectively
2. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court access is critical for trucking cases, which often involve:
- Interstate commerce regulations
- Federal motor carrier safety standards
- Complex multi-state litigation
3. Aggressive Evidence Preservation
We act fast to preserve critical evidence before it disappears:
- ECM/Black Box Data: This electronic data can be overwritten within 30 days. We send spoliation letters immediately to demand preservation.
- ELD Records: Electronic logging devices track driver hours and can prove fatigue violations.
- Maintenance Records: We subpoena records to uncover deferred repairs and safety violations.
- Driver Qualification Files: These files reveal hiring negligence and training gaps.
- Dashcam Footage: Video evidence can be deleted within days. We act quickly to secure it.
4. Access to Top Experts
We work with the nation’s leading experts to build strong cases:
- Accident Reconstructionists: To analyze the crash dynamics and determine fault
- Medical Experts: To document injuries and calculate future care needs
- Vocational Experts: To assess lost earning capacity
- Economic Experts: To calculate the full value of damages
- Trucking Industry Experts: To identify regulatory violations and industry standards
5. A Track Record of Results
Our firm has recovered millions for trucking accident victims, including:
- $5+ Million: Logging brain injury settlement
- $3.8+ Million: Car accident amputation settlement
- $2.5+ Million: Truck crash recovery
- Millions Recovered: For families in wrongful death cases
6. Compassionate, Client-Focused Representation
We understand the emotional toll these cases take on families. Our approach combines:
- Aggressive Legal Strategy: We fight hard to hold negligent parties accountable
- Compassionate Client Care: We treat every client like family
- Transparent Communication: We keep you informed every step of the way
Our Process for Trucking Accident Cases
When you choose Attorney911, here’s what you can expect:
-
Immediate Response
– We answer your call 24/7
– We dispatch investigators to the scene if possible
– We send spoliation letters to preserve evidence -
Comprehensive Investigation
– Obtain police reports and witness statements
– Secure ECM/black box data and ELD records
– Subpoena driver qualification files and maintenance records
– Interview witnesses and experts
– Analyze surveillance footage -
Medical Care Coordination
– Connect you with top medical providers
– Ensure you receive the treatment you need
– Document your injuries thoroughly -
Legal Strategy Development
– Identify all liable parties
– Build a strong case for negligence
– Calculate the full value of your damages -
Aggressive Negotiation
– Demand fair compensation from insurance companies
– Reject lowball settlement offers
– Prepare for trial if necessary -
Trial Preparation
– Prepare every case as if it’s going to trial
– Develop compelling arguments and evidence
– Build a strong case for punitive damages if warranted -
Resolution
– Negotiate the best possible settlement
– Take your case to trial if necessary
– Ensure you receive the compensation you deserve
Frequently Asked Questions About Trucking Accident Cases
1. How long do I have to file a wrongful death claim in Texas?
In Texas, the statute of limitations for wrongful death claims is two years from the date of death. However, you should never wait. Evidence disappears quickly, and witnesses’ memories fade. The sooner you contact an attorney, the stronger your case will be.
2. What if the driver was charged criminally? Can I still sue?
Yes. Criminal and civil cases serve different purposes. A criminal case is about punishing the driver; a civil case is about compensating the family. Even if the driver is acquitted or receives a light sentence, you can still pursue a wrongful death claim.
3. How much is my case worth?
Every case is unique, and the value depends on several factors:
- The severity of your loved one’s injuries
- The extent of their medical expenses
- Their lost income and earning capacity
- The pain and suffering they experienced
- The degree of the defendant’s negligence
- The available insurance coverage
While we can’t predict the exact value of your case without a thorough evaluation, we can say this: trucking companies carry much higher insurance limits than typical drivers. This means there’s often more compensation available for families.
4. What if the trucking company offers me a settlement?
Insurance companies often make quick settlement offers to families before they understand the full extent of their damages. These offers are almost always lowball amounts designed to save the company money.
Never accept a settlement without consulting an attorney. Once you accept an offer, you waive your right to pursue additional compensation—even if your damages turn out to be much greater than you initially thought.
5. How long will my case take?
The timeline varies depending on the complexity of the case:
- Simple Cases: 6-12 months
- Moderate Cases: 1-2 years
- Complex Cases: 2-4 years or more
We work to resolve cases as quickly as possible while ensuring you receive full compensation. Most cases settle out of court, but we prepare every case as if it’s going to trial.
6. What if I can’t afford an attorney?
At Attorney911, we work on a contingency fee basis. This means:
- You pay nothing upfront
- We advance all costs of litigation
- You only pay if we win your case
- Our fee comes from the settlement, not your pocket
This arrangement ensures that everyone has access to high-quality legal representation, regardless of their financial situation.
7. Can I sue the city or government for dangerous road conditions?
Possibly. Government entities can be liable for dangerous road conditions that contribute to accidents. However, claims against the government are subject to strict rules:
- Notice Requirements: You must notify the government of your claim within a short timeframe (often 6 months).
- Damage Caps: Texas caps damages against governmental entities at $250,000 per person and $500,000 per occurrence.
- Sovereign Immunity: Government entities have certain protections against lawsuits.
If you believe dangerous road conditions contributed to your loved one’s death, contact us immediately. We’ll evaluate your claim and ensure all deadlines are met.
8. What if the driver was an independent contractor?
Even if the driver was an independent contractor, the trucking company may still be liable. Companies often misclassify drivers as independent contractors to avoid liability, but courts look at the reality of the relationship—not just the label.
Factors that determine liability include:
- Who controlled the driver’s schedule?
- Who provided the truck and equipment?
- Who paid for fuel, maintenance, and insurance?
- Who had the right to terminate the driver?
If the company exerted significant control over the driver’s work, they may be held liable under the doctrine of vicarious liability.
9. Can I recover compensation if my loved one was partially at fault?
Texas follows a modified comparative negligence rule. This means:
- If your loved one was less than 50% at fault, you can still recover damages, but your compensation will be reduced by their percentage of fault.
- If your loved one was 50% or more at fault, you cannot recover any damages.
For example, if your loved one was 20% at fault and the truck driver was 80% at fault, your compensation would be reduced by 20%.
10. What if the trucking company goes bankrupt?
Trucking companies are required to carry liability insurance. Even if the company goes bankrupt, their insurance policy should still cover your claim. Additionally, if the company was part of a larger corporate structure, we may be able to pursue other entities within that structure.
Real Stories: How Attorney911 Has Helped Trucking Accident Victims
At Attorney911, we don’t just talk about fighting for justice—we do it every day. Here are some of the ways we’ve helped trucking accident victims and their families:
Case Study 1: The Family Who Lost Their Provider
The Incident:
A father of three was killed when a dump truck ran a red light and struck his vehicle. The trucking company had a history of safety violations but continued to operate with minimal oversight.
Our Investigation:
– We discovered the driver had a suspended CDL and a history of traffic violations
– The trucking company had failed to conduct proper background checks
– The truck’s brakes were out of adjustment, increasing stopping distance
– The company had pressured the driver to meet tight deadlines
The Outcome:
We filed a wrongful death claim against the driver, the trucking company, and the brake manufacturer. After aggressive negotiation, we secured a $3.2 million settlement for the family, ensuring they could maintain their home and provide for their children’s future.
What the Family Said:
“Attorney911 didn’t just fight for us—they fought for justice. They held the trucking company accountable and gave us the resources we needed to move forward. We’ll be forever grateful.”
Case Study 2: The Pedestrian Who Was Left for Dead
The Incident:
A young woman was struck by a dump truck while crossing the street in downtown Houston. The driver claimed he didn’t see her, but our investigation revealed a pattern of negligence.
Our Investigation:
– The driver had been on the road for 14 hours without a break, violating HOS regulations
– The truck’s mirrors were improperly adjusted, creating a blind spot
– The trucking company had a history of hiring unqualified drivers
– The intersection lacked proper pedestrian signals
The Outcome:
We filed claims against the driver, the trucking company, and the city. The case settled for $4.8 million, providing the woman with the resources she needed for lifelong medical care and rehabilitation.
What the Client Said:
“I thought my life was over after the accident. Attorney911 gave me hope. They fought for me when no one else would, and now I have the chance to rebuild my life.”
Case Study 3: The Construction Worker Crushed by a Dump Truck
The Incident:
A construction worker was killed when a dump truck backed over him at a job site. The truck lacked a functioning backup alarm, and the driver failed to check his mirrors.
Our Investigation:
– The trucking company had removed the backup alarm to save money
– The driver had not received proper training on job site safety
– The general contractor had failed to establish safe traffic patterns
– The truck’s mirrors were dirty and improperly adjusted
The Outcome:
We filed claims against the driver, the trucking company, and the general contractor. The case settled for $2.7 million, providing financial security for the worker’s family.
What the Family Said:
“Losing our husband and father was devastating. Attorney911 helped us find justice and ensured we wouldn’t struggle financially. They treated us like family from day one.”
Take Action Now: Your Future Depends on It
If you’ve lost a loved one in a trucking accident, you don’t have to face this alone. The team at Attorney911 is here to help. But time is of the essence—evidence disappears quickly, and legal deadlines are strict.
Here’s What You Should Do Right Now:
- Call Attorney911 for a Free Consultation
– We’ll evaluate your case at no cost
– We’ll explain your legal options
– We’ll answer all your questions
Call us now at 1-888-ATTY-911 or visit https://attorney911.com to schedule your free consultation.
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Preserve Critical Evidence
– If you haven’t already, take photos of the accident scene, vehicle damage, and any visible injuries
– Save all medical records and bills
– Keep a journal documenting your loved one’s injuries, treatment, and the impact on your family
– Avoid speaking to insurance adjusters without your attorney present -
Focus on Your Family and Your Healing
– Lean on your support network
– Seek counseling if needed
– Take care of your physical and emotional health
– Let us handle the legal fight
Don’t Wait—Every Minute Counts
Remember:
- ECM/Black Box Data Can Be Overwritten in 30 Days
- Dashcam Footage Can Be Deleted Within Days
- Witness Memories Fade Quickly
- The Statute of Limitations is Strict
The sooner you contact us, the stronger your case will be. We’ll act immediately to preserve evidence, investigate the crash, and build a strong claim on your behalf.
Call to Action: Contact Attorney911 Today
🚨 Urgent: Evidence Is Disappearing
Every hour you wait, critical evidence in your case is at risk of being lost forever. Black box data can be overwritten. Dashcam footage gets deleted. Witnesses forget what they saw. Don’t let the trucking company destroy the evidence that could prove your case.
Call Attorney911 NOW at 1-888-ATTY-911 for a free consultation. We’ll send a spoliation letter today to preserve the evidence before it’s gone.
💼 We Fight for Maximum Compensation
Trucking companies have teams of lawyers working to minimize your claim. You need a team that will fight back. At Attorney911, we have:
- 25+ Years of Experience: Ralph Manginello has been fighting for accident victims since 1998
- Insider Knowledge: Our team includes a former insurance defense attorney who knows their tactics
- Federal Court Access: We can handle complex interstate trucking cases
- A Track Record of Results: We’ve recovered millions for trucking accident victims
Don’t settle for less than you deserve. Call 1-888-ATTY-911 today.
👨⚖️ Free Consultation—No Risk, No Obligation
We offer free consultations to evaluate your case. There’s no risk and no obligation—just honest advice from experienced attorneys.
Here’s what you’ll get:
– A thorough evaluation of your case
– Answers to all your questions
– Clear explanation of your legal options
– No pressure—just the information you need to make the right decision
Call us now at 1-888-ATTY-911 or visit https://attorney911.com.
💵 No Fee Unless We Win
Worried about affording an attorney? Don’t be. At Attorney911, we work on a contingency fee basis:
- No Upfront Costs: You pay nothing to get started
- No Out-of-Pocket Expenses: We advance all costs of litigation
- No Fee Unless We Win: You only pay if we secure compensation for you
- Our Fee Comes From the Settlement: Not from your pocket
Justice shouldn’t be limited by your financial situation. Call 1-888-ATTY-911 today.
📞 24/7 Availability—We’re Here When You Need Us
Trucking accidents don’t happen on a 9-to-5 schedule, and neither do we. We’re available 24 hours a day, 7 days a week to take your call.
Whether it’s day or night, we’re here to help. Call 1-888-ATTY-911 now.
Closing: A Final Message from Ralph Manginello
“I’ve been fighting for accident victims for over 25 years, and I’ve seen the devastation that trucking accidents cause. Families lose their loved ones. Survivors face lifelong injuries. And all too often, these tragedies are preventable.
At Attorney911, we don’t just see cases—we see people. We see families who are grieving. We see survivors who are struggling. And we see communities that are demanding change.
If you’ve lost a loved one in a trucking accident, I want you to know this: you’re not alone. We’re here to fight for you. We’ll hold the negligent parties accountable. And we’ll work tirelessly to secure the compensation and justice you deserve.
Your fight starts with one call. Call us now at 1-888-ATTY-911. We’re ready to fight for you like family.”
— Ralph Manginello
Managing Partner, Attorney911
25+ Years Fighting for Justice