Expert Legal Analysis: The Anthony Merritt Fatality and Pedestrian Safety in Kilgore, Texas

The community of Kilgore is currently grappling with the tragic news of a fatal incident on State Hwy 135. On April 18, around 1:26 a.m., a marked Kilgore Police Department patrol vehicle struck 21-year-old Anthony Merritt while he was lying in the northbound lane of the highway. Mr. Merritt was pronounced dead at the scene.

This case is layers deep with complex legal questions involving government liability, the responsibilities of drivers, and the potential for “Dram Shop” claims against local establishments. At Attorney911, we have spent over 27 years untangling the webs of negligence that lead to these types of catastrophic outcomes. When a life is lost on a Texas highway, the family deserves more than a “preliminary report”—they deserve an exhaustive investigation into every party that contributed to the tragedy.

The Specifics of the Kilgore Hwy 135 Incident

According to the available details, the sequence of events began with an automatic 911 call from a smartphone’s crash-detection system. As Kilgore police officers responded to State Hwy 135, an officer in a marked patrol unit reportedly encountered Mr. Merritt lying in the roadway. Because Mr. Merritt was wearing dark clothing without reflective material, the officer did not see him until the vehicle was nearly upon him. Despite an evasive swerve, the undercarriage of the patrol car struck him.

Further complicating the narrative is the revelation that Mr. Merritt had been riding in the bed of his own pickup truck, driven by an acquaintance. The driver apparently traveled toward Whitehouse before realizing Mr. Merritt was no longer in the vehicle. Additionally, reports indicate Mr. Merritt had recently been at a bar and was drinking prior to the incident.

Who Is Liable in a Multi-Factor Fatality?

In a case as complex as this, liability is rarely restricted to a single person. Under Texas law, we look at the entire “chain of causation.”

1. The Kilgore Police Department and the Texas Tort Claims Act

When a government employee, such as a police officer, causes injury or death with a motor vehicle, the Texas Tort Claims Act (Civil Practice & Remedies Code Chapter 101) governs the claim. While government entities usually enjoy “sovereign immunity,” this immunity is waived for motor vehicle accidents.

However, there are strict limits. For a municipality like Kilgore, damages are typically capped at $100,000 per person and $300,000 per occurrence. Furthermore, a formal “notice of claim” must often be filed within six months—a much tighter deadline than the standard two-year statute of limitations.

2. The Driver of the Pickup Truck

Why was a passenger allowed to ride in the bed of a truck on a state highway at 1:30 a.m.? Why did the driver not realize a passenger had fallen out until they were miles away? The driver of the truck has a duty of care to ensure the safety of their passengers. If the driver operated the vehicle in a negligent manner that caused Mr. Merritt to fall, or if they failed to properly secure the vehicle’s occupants, they share in the responsibility for the events that followed.

3. The “Dram Shop” Connection: Accountability for Kilgore Bars

The mention that Mr. Merritt had been drinking at a bar is a critical piece of the puzzle. Under the Texas Dram Shop Act (Alcoholic Beverage Code § 2.02), an establishment that serves alcohol to an “obviously intoxicated” person can be held liable if that person’s intoxication leads to an injury or death.

If a bar in the Kilgore area continued to serve Mr. Merritt when he was clearly a danger to himself or others, that bar may be responsible for his death. Pedestrians who are intoxicated are statistically at a much higher risk of being struck by vehicles. In Texas, 25.37% of all traffic deaths in 2024 involved DUI-alcohol. We believe the businesses that profit from the sale of alcohol must be held to the safety standards mandated by the TABC.

Pedestrian Lethality: A Growing Crisis in East Texas

Pedestrian accidents are 28.8 times more likely to be fatal than car-to-car collisions. In 2024, Texas saw 768 pedestrian fatalities. While pedestrians only account for 1% of total crashes, they represent a staggering 19% of all roadway deaths.

In Kilgore and across Gregg and Rusk Counties, the risk is amplified by high-speed state highways like Hwy 135 and I-20, where lighting is often sparse and shoulders are narrow. When you combine these conditions with the 2 a.m. “killing window”—the time when bars close and intoxicated drivers and pedestrians are most likely to be on the road—the results are frequently terminal.

How Attorney911 Investigates Complex Fatalities

When Ralph Manginello or Lupe Peña takes on a case involving a fatality, we don’t just wait for the Texas Rangers to finish their report. We launch an independent investigation designed to preserve evidence that the police might overlook.

Lupe Peña’s Insurance Defense Advantage

Our associate attorney, Lupe Peña, spent years working at a national defense firm. He sat in the rooms where insurance companies and government risk managers decided how much a life was “worth.” He knows exactly how they will try to blame Anthony Merritt for wearing dark clothing or for his own intoxication to push his fault percentage above 50% under Texas’s Modified Comparative Negligence rule.

Because we know their playbook, we can defeat it. As Lupe often notes, “Insurance companies are not documenting your life; they are building ammunition against you.” We use his insider knowledge to protect our clients from lowball offers and blame-shifting tactics.

Our Track Record in Catastrophic Litigation

We have a proven history of taking on large institutions and winning. Ralph Manginello’s 27+ years of experience includes litigating the BP Texas City Refinery explosion—a massive $2.1 billion case involving corporate negligence on a global scale. We bring that same level of “federal court readiness” to every case we handle in Kilgore.

Our documented results speak for themselves:
* “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation”
* “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions”
* “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company”

Disclaimer: Every case is unique, and past results do not guarantee future outcomes.

The Evidence That Disappears First in Kilgore

In the hours following an accident on Hwy 135, evidence begins to vanish.
* Surveillance Footage: Local businesses near the scene or the bar where Mr. Merritt was prior to the crash often have surveillance systems that auto-delete every 7 to 14 days.
* Dashcam Data: We must immediately secure the dashcam and “black box” (EDR) data from the Kilgore PD patrol car.
* Toxicology and Receipts: In a Dram Shop case, bar tabs, server logs, and TABC training records are the smoking guns.

We send “spoliation letters” within 24 hours of being retained. These are legal demands that require all parties to preserve evidence or face severe sanctions in court.

Local Resources for Families in Crisis

If your family is dealing with a catastrophic loss in the Kilgore area, you need immediate support.
* Hospitals: Serious trauma victims in this region are often transported to Level I trauma centers like UT Health in Tyler or Ochsner LSU Health in Shreveport.
* Courts: Cases in this area are typically filed in Gregg County or Rusk County district courts, or the U.S. District Court for the Eastern District of Texas.

Learn more about documenting your case in our video: “Use Your Cellphone to Document a Legal Case” at https://www.youtube.com/watch?v=LLbpzrmogTs

Frequently Asked Questions Regarding the Kilgore Fatality

Can the family sue the Kilgore Police Department?

Yes, under the Texas Tort Claims Act, you can sue a government entity for the negligent operation of a motor vehicle. However, the process is different from a standard car wreck, featuring shorter deadlines and damage caps.

Does it matter if the pedestrian was intoxicated?

Insurance companies will use intoxication to argue the pedestrian was more than 50% at fault, which would bar recovery under Texas law. However, we fight these arguments by showing that the driver had a “clear last chance” to avoid the strike or that a third party (like a bar) was the proximate cause of the danger.

What if the driver of the pickup truck has no assets?

We look for insurance “stacking.” This includes the driver’s auto policy, the victim’s own Uninsured/Underinsured Motorist (UM/UIM) coverage, and potential commercial policies if the bar is found liable.

Watch our video on “Uninsured & Underinsured Motorists” to understand these critical coverages: https://www.youtube.com/watch?v=kWcNFyb-Yq8

Why Choose the Legal Emergency Lawyers™ at Attorney911?

We are not a high-volume “settlement mill.” We are a boutique litigation firm that treats our clients like family. As client Chad Harris says: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”

When you call 1-888-ATTY-911, you aren’t reaching an out-of-state answering service. You are reaching a team with federal court admission, a former insurance defense insider, and 27 years of multi-million dollar results.

As Stephanie Hernandez shared regarding her experience: “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.”

We handle all cases on a contingency fee basis. This means we don’t get paid unless we win your case. You may still be responsible for court costs and case expenses, but we advance the costs of the investigation so you can focus on healing.

For more insights into how we value these complex cases, watch: “How Much Is My Personal Injury Case Worth?” at https://www.youtube.com/watch?v=onBzdkIWadY

Contact Attorney911 Today

The clock is ticking on the evidence in the Anthony Merritt case. If you have information about the bars involved, the driver of the truck, or the conditions on Hwy 135 that night, or if you are a family member seeking justice, contact us immediately.

Attorney911 (The Manginello Law Firm, PLLC)
Principal Office: Houston, Texas
Houston Office: 1177 West Loop S, Suite 1600, Houston, TX 77027
Emergency Line: 1-888-ATTY-911 (1-888-288-9911)
Direct: (713) 528-9070
Email: ralph@atty911.com | lupe@atty911.com

Hablamos Español. If you have lost a loved one, we are deeply sorry. Let us take the weight of the legal battle off your shoulders so you can find peace.

Call 1-888-ATTY-911 now for a free, no-obligation consultation.