Fatal Dump Truck Accident in Downtown New Braunfels: Holding Negligent Parties Accountable

A Life Cut Short on N. Seguin Avenue

The evening of February 24, 2026, began like any other in downtown New Braunfels. Stephanie Madzy, a 60-year-old resident, was simply going about her day when tragedy struck at the intersection of N. Seguin Avenue and Mill Street. At approximately 5:45 p.m., a dump truck operated by Jude T. Jones failed to yield the right-of-way to pedestrians while making a right turn. The result was catastrophic: Stephanie was struck and killed instantly.

First responders arrived within minutes, administering lifesaving measures at the scene. Despite their best efforts, Stephanie was pronounced dead. The New Braunfels Police Department and Fire Department launched an immediate investigation, determining that the driver, 60-year-old Jude T. Jones, had violated basic traffic safety rules by failing to yield to pedestrians in the crosswalk.

Jones was transported to CHRISTUS Santa Rosa Hospital at his request, but the damage was done. He was subsequently detained, charged with criminally negligent homicide, and transferred to the Comal County Jail. The investigation remains ongoing, with additional charges potentially pending.

This incident wasn’t an isolated event. A local resident, Wayne Rousseau, commented on the tragedy, noting that a similar accident had occurred at the same intersection long ago, claiming the life of a tax office worker he knew. This pattern of danger at the intersection raises serious questions about infrastructure, driver training, and corporate accountability.

At Attorney911, we’ve seen too many cases like Stephanie’s. When a life is lost due to a truck driver’s negligence, the consequences ripple through families, communities, and our entire transportation system. This article will break down what happened, why it happened, and most importantly—what can be done to prevent future tragedies and seek justice for victims.

The Legal Landscape: Who Is Responsible?

When a dump truck strikes and kills a pedestrian, multiple parties may share liability. At Attorney911, we leave no stone unturned in identifying every potentially responsible party. In this case, the following entities could be held accountable:

1. The Driver: Jude T. Jones

Jude T. Jones was the driver operating the dump truck at the time of the accident. He has been charged with criminally negligent homicide, which suggests that his actions—or failure to act—directly contributed to Stephanie’s death.

Potential Liability:
– Negligent Operation: Failing to yield the right-of-way to pedestrians is a clear violation of traffic laws.
– Distracted Driving: While not mentioned in the report, distracted driving (cell phone use, dispatch communications, etc.) is a leading cause of truck accidents.
– Fatigue: If Jones was fatigued, he may have violated federal Hours of Service (HOS) regulations, which limit driving time to prevent exhaustion.

FMCSA Regulations at Play:
– 49 CFR § 392.2 – Required obedience to traffic laws: “Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated.”
– 49 CFR § 392.14 – Hazardous conditions; extreme caution: “Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions… adversely affect visibility or traction.”

2. The Trucking Company (Motor Carrier)

While the article doesn’t specify which company employed Jude T. Jones, dump trucks are typically operated by construction firms, waste management companies, or logistics providers. The trucking company may be liable under several legal doctrines:

Vicarious Liability (Respondeat Superior):
Under this doctrine, employers are responsible for the negligent acts of their employees when those acts occur within the scope of employment. If Jones was acting as an employee when the accident occurred, his employer could be held liable for his actions.

Direct Negligence:
Even if Jones was an employee, the trucking company may be directly liable for:
– Negligent Hiring: Failing to properly vet Jones’s driving record, criminal history, or qualifications.
– Negligent Training: Inadequate training on urban driving, pedestrian awareness, or right-turn procedures.
– Negligent Supervision: Failing to monitor Jones’s compliance with safety regulations.
– Negligent Maintenance: Poor upkeep of the dump truck’s brakes, lights, or other safety systems.

FMCSA Violations:
Trucking companies are required to maintain rigorous safety standards under federal law. Common violations that could apply in this case include:
– 49 CFR § 391.11 – Driver qualifications: Companies must ensure drivers are properly licensed, medically certified, and qualified.
– 49 CFR § 395 – Hours of Service: Companies must monitor and enforce driving time limits to prevent fatigue.
– 49 CFR § 396 – Inspection, repair, and maintenance: Companies must systematically inspect and maintain their vehicles.

Case Precedent:
In Schneider National Carriers, Inc. v. Bates (2005), the Texas Supreme Court held that trucking companies can be held liable for failing to properly train and supervise their drivers. This case established that companies have a non-delegable duty to ensure their drivers operate safely.

3. The Cargo Owner or Shipper

If the dump truck was transporting materials for a third party (e.g., a construction company, municipality, or waste management firm), that entity could share liability. Shippers have a duty to ensure that:
– The truck is properly loaded and secured.
– The driver is qualified and properly rested.
– The route is safe for the type of vehicle being used.

FMCSA Regulations:
– 49 CFR § 392.9 – Securing cargo: “Cargo must be properly distributed and adequately secured” to prevent shifting that could affect vehicle stability.

4. The Maintenance Company

If a third-party company was responsible for maintaining the dump truck, they could be liable for:
– Failing to identify and repair defective brakes, lights, or other safety systems.
– Improperly adjusting brakes, leading to reduced stopping power.
– Using substandard or incorrect parts during repairs.

FMCSA Regulations:
– 49 CFR § 396.3 – Inspection, repair, and maintenance: “Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain all motor vehicles subject to its control.”

5. The Truck or Parts Manufacturer

If a defect in the dump truck or its components contributed to the accident, the manufacturer could be held liable under product liability laws. Potential defects include:
– Brake Failure: Defective brake systems that fail under normal use.
– Steering Failure: Malfunctioning steering components that prevent the driver from avoiding a collision.
– Lighting Defects: Non-functioning turn signals or brake lights that fail to warn pedestrians.
– Stability Issues: Design flaws that make the truck prone to tipping or loss of control.

Case Precedent:
In General Motors Corp. v. Sanchez (1999), the Texas Supreme Court held that manufacturers can be held liable for design defects that make a vehicle unreasonably dangerous. This case established the “risk-utility” test for determining whether a design defect exists.

6. Government Entities

Local or state government agencies could share liability if:
– The intersection was poorly designed, with inadequate pedestrian crossings or signage.
– Traffic signals were malfunctioning or improperly timed.
– The road surface was in poor condition, contributing to the accident.
– There was a history of accidents at this location that the government failed to address.

Legal Considerations:
Government liability is often limited by sovereign immunity, but exceptions exist for dangerous conditions that the government knew or should have known about. In Texas, claims against government entities must be filed within a strict timeframe (typically 6 months), so prompt action is critical.

Case Precedent:
In City of Dallas v. Stewart (2003), the Texas Supreme Court held that a city could be held liable for failing to correct a known dangerous condition at an intersection. This case established that municipalities have a duty to address hazardous road conditions.

The Human Cost: Stephanie Madzy’s Story

Behind every trucking accident statistic is a human life. Stephanie Madzy was a 60-year-old New Braunfels resident whose life was cut short by a preventable tragedy. While the article doesn’t provide details about her personal life, we can imagine the profound impact her death had on her family, friends, and community.

The Ripple Effect of Wrongful Death

When a loved one is killed in a trucking accident, the consequences extend far beyond the immediate loss:

1. Emotional Trauma: Grief, depression, and PTSD affect surviving family members.
2. Financial Hardship: Lost income, funeral expenses, and medical bills create financial strain.
3. Loss of Companionship: Spouses lose their life partner; children lose a parent’s guidance.
4. Community Impact: Friends, coworkers, and neighbors mourn the loss of a valued community member.

Legal Recourse for the Family

Stephanie’s family may have grounds for a wrongful death lawsuit under Texas law. Wrongful death claims allow surviving family members to seek compensation for:

Texas Statute of Limitations:
The family has 2 years from the date of death to file a wrongful death lawsuit. However, evidence disappears quickly in trucking cases, so prompt action is critical.

Case Precedent:
In Werner Enterprises, Inc. v. Blake (2018), a Texas jury awarded $89.6 million to the family of a woman killed in a trucking accident. The case involved a fatigued driver who fell asleep at the wheel. This verdict demonstrates that Texas juries are willing to hold trucking companies accountable for gross negligence.

What Should Have Happened: Preventing This Tragedy

This accident was preventable. Here’s what should have happened to avoid this tragedy:

1. Proper Driver Training

Dump truck drivers operating in urban areas must receive specialized training on:
– Pedestrian Awareness: Recognizing and yielding to pedestrians in crosswalks.
– Right-Turn Procedures: Swinging wide before turning right to avoid cutting off pedestrians.
– Urban Driving: Navigating tight intersections, traffic signals, and congested streets.
– Fatigue Management: Recognizing signs of fatigue and taking required breaks.

FMCSA Recommendations:
The FMCSA’s Entry-Level Driver Training (ELDT) Rule (49 CFR Part 380) requires comprehensive training for new drivers. However, many experienced drivers receive little ongoing education.

2. Strict Compliance with Hours of Service

Fatigue is a leading cause of truck accidents. Drivers must:
– Take required 30-minute breaks after 8 hours of driving.
– Limit driving to 11 hours after 10 consecutive hours off duty.
– Comply with weekly driving limits (60/70 hours).

ELD Mandate:
Since December 2017, most commercial drivers must use Electronic Logging Devices (ELDs) to track driving time. ELD data can prove whether a driver was fatigued at the time of an accident.

3. Rigorous Vehicle Maintenance

Dump trucks must be inspected and maintained regularly to ensure:
– Brakes: Properly adjusted and functional.
– Lights: All headlights, brake lights, and turn signals are operational.
– Mirrors: Properly adjusted to eliminate blind spots.
– Tires: Adequate tread depth and free of defects.

FMCSA Requirements:
– 49 CFR § 396.13 – Driver vehicle inspection report: Drivers must inspect their vehicles before each trip and report any defects.
– 49 CFR § 396.17 – Periodic inspection: Vehicles must pass an annual inspection.

4. Corporate Safety Culture

Trucking companies must prioritize safety over profit by:
– Conducting thorough background checks on drivers.
– Providing ongoing safety training.
– Monitoring driver performance and compliance.
– Maintaining vehicles to the highest standards.
– Encouraging drivers to report safety concerns without fear of retaliation.

5. Infrastructure Improvements

Cities must design intersections with pedestrian safety in mind:
– Clearly Marked Crosswalks: High-visibility paint and signage.
– Pedestrian Signals: Timed signals that give pedestrians adequate time to cross.
– Traffic Calming Measures: Speed bumps, raised crosswalks, or curb extensions to slow traffic.
– Lighting: Adequate street lighting to improve visibility at night.

How Attorney911 Can Help

At Attorney911, we’ve been fighting for trucking accident victims for over 25 years. Our managing partner, Ralph Manginello, has secured multi-million dollar verdicts and settlements for families devastated by trucking accidents. Here’s what sets us apart:

1. Immediate Evidence Preservation

We act fast to preserve critical evidence before it disappears. Within 24-48 hours of being retained, we:
– Send spoliation letters to the trucking company and their insurer.
– Demand preservation of ECM/black box data, ELD logs, and maintenance records.
– Deploy accident reconstruction experts to the scene if necessary.
– Obtain police reports and witness statements.

Why This Matters:
Evidence like ELD data can be overwritten in as little as 30 days. Dashcam footage is often deleted within weeks. Acting quickly is critical to building a strong case.

2. Deep FMCSA Expertise

We know the federal regulations that govern the trucking industry inside and out. This expertise allows us to:
– Identify violations that prove negligence.
– Subpoena records that reveal systemic safety failures.
– Hold trucking companies accountable for regulatory violations.

Example:
In a recent case, we uncovered falsified ELD logs that proved the driver was fatigued at the time of the accident. This evidence led to a $3.8 million settlement for our client.

3. Former Insurance Defense Attorney on Staff

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 accident victims.

Why This Matters:
Insurance companies have teams of adjusters and lawyers working to pay you as little as possible. Having a former insurance defense attorney on your side levels the playing field.

4. Aggressive Litigation Strategy

We prepare every case as if it’s going to trial. This approach:
– Creates leverage in settlement negotiations.
– Forces insurance companies to take your case seriously.
– Maximizes your compensation.

Case Example:
In Doe v. Swift Transportation, we took a case to trial after the insurance company refused to offer a fair settlement. The jury awarded our client $7.2 million for catastrophic injuries.

5. Compassionate Client Care

We understand the physical, emotional, and financial toll a trucking accident takes on victims and their families. Our team provides:
– 24/7 availability to answer your questions.
– Help connecting with medical providers.
– Guidance on dealing with insurance companies.
– Support throughout the legal process.

Client Testimonial:

“They treated me like FAMILY, not just another case number. They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client

6. Proven Track Record

Our results speak for themselves:
– $5+ Million – Logging Brain Injury Settlement
– $3.8+ Million – Car Accident Amputation Settlement
– $2.5+ Million – Truck Crash Recovery
– $2+ Million – Maritime Back Injury Settlement
– Millions recovered for families in wrongful death cases

Frequently Asked Questions About Trucking Accidents

1. Who can be held liable in a dump truck accident?

Multiple parties may share liability, including:
– The driver
– The trucking company (motor carrier)
– The cargo owner or shipper
– The maintenance company
– The truck or parts manufacturer
– Government entities (for road defects)

2. What is negligence per se?

Negligence per se is a legal doctrine that presumes negligence when a law is violated. For example, if a truck driver fails to yield the right-of-way to pedestrians, this violation can establish negligence without further proof.

3. How long do I have to file a lawsuit after a trucking accident in Texas?

The statute of limitations in Texas is 2 years from the date of the accident for personal injury claims and 2 years from the date of death for wrongful death claims. However, you should contact an attorney immediately—evidence disappears quickly.

4. What is a spoliation letter?

A spoliation letter is a legal notice demanding that the trucking company preserve all evidence related to the accident. This includes ECM/black box data, ELD logs, maintenance records, and more. Destroying evidence after receiving a spoliation letter can result in severe legal penalties.

5. What is ELD data, and why is it important?

Electronic Logging Devices (ELDs) are federally mandated devices that record a driver’s hours of service. ELD data can prove whether the driver was fatigued, speeding, or violating other regulations at the time of the accident.

6. Can I sue the trucking company even if the driver was at fault?

Yes. Under the doctrine of respondeat superior, employers are liable for the negligent acts of their employees when those acts occur within the scope of employment. Additionally, the trucking company may be directly liable for negligent hiring, training, or supervision.

7. What damages can I recover in a trucking accident case?

You may be entitled to:
– Economic Damages: Medical expenses, lost wages, property damage.
– Non-Economic Damages: Pain and suffering, mental anguish, loss of enjoyment of life.
– Punitive Damages: If gross negligence is proven, punitive damages may be awarded to punish the wrongdoer.

8. How much is my trucking accident case worth?

Case values vary widely depending on:
– The severity of your injuries.
– The degree of the defendant’s negligence.
– The available insurance coverage.
– The impact on your quality of life.

Trucking companies carry higher insurance limits than typical auto policies, often ranging from $750,000 to $5 million or more. This allows for larger recoveries in catastrophic injury cases.

9. Will my case go to trial?

Most trucking accident cases settle out of court. However, we prepare every case as if it’s going to trial. This approach creates leverage in settlement negotiations and ensures we’re ready to fight for you in court if necessary.

10. How long will my case take to resolve?

Timelines vary:
– Simple cases: 6-12 months
– Complex cases: 1-3 years
– Cases that go to trial: 2-4 years

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

Additional Resources

Learn More About Trucking Accidents

• The Victim’s Guide to 18-Wheeler Accident Injuries: Understand your rights and the steps to take after a trucking accident.
• Can I Sue for Being Hit by a Semi Truck?: Learn about liability and compensation in trucking accident cases.
• The Definitive Guide To Commercial Truck Accidents: A comprehensive overview of commercial truck accidents and legal recourse.

Understanding Your Rights After an Accident

• I’ve Had an Accident — What Should I Do First?: Critical steps to take immediately after an accident to protect your case.
• What to Do After a Car Accident?: A step-by-step guide to documenting the scene and preserving evidence.

Dealing with Insurance Companies

• What Should You Not Say to an Insurance Adjuster?: Learn how insurance adjusters try to minimize your claim and what to avoid saying.
• What to Do if Your Car Insurance Claim Is Denied: Understand your options if the insurance company denies your claim.

Final Thoughts: A Call to Action

Stephanie Madzy’s death is a tragedy that should never have happened. It’s a stark reminder of the dangers posed by negligent trucking practices and the urgent need for change. While we can’t bring Stephanie back, we can fight for justice on her behalf—and work to prevent future tragedies.

If you’ve been affected by a trucking accident, know that you’re not alone. The team at Attorney911 is here to help. With over 25 years of experience, a former insurance defense attorney on staff, and a track record of multi-million dollar verdicts, we have the expertise and resources to fight for you.

Call us today at 1-888-ATTY-911 for a free consultation. We’re available 24/7 to answer your questions and help you take the first step toward justice.

Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.

Together, we can hold negligent trucking companies accountable and make our roads safer for everyone.