Fatal Pedestrian Collision in Lubbock: Expert Legal Analysis of Pursuits and Wrongful Death
The sirens were silent for a few minutes, but the danger was still racing through the streets of Lubbock. It began as a routine traffic stop at 11:31 a.m. near the intersection of 34th Street and Frankford Avenue. It ended fourteen minutes later in a tragedy that has left a 70-year-old Lubbock man dead and a family searching for answers.
When 65-year-old Gene Davis allegedly chose to “aggressively speed away” from Lubbock Police Department (LPD) officers, he set in motion a chain of events that highlights the terrifying intersection of high-speed evading and pedestrian vulnerability. While LPD initially called off the ground pursuit, a DPS helicopter continued to track the vehicle as it turned west onto 82nd Street from Knoxville Avenue. By the time a Lubbock County Sheriff’s deputy resumed the chase, the situation had reached a boiling point.
At 11:45 a.m., near 93rd Street and Memphis Avenue, Davis’s vehicle struck a 70-year-old man who was simply out walking his dog. The victim was rushed to UMC, Lubbock’s Level I trauma center, where he was pronounced dead.
If you’re a Lubbock resident, this isn’t just a headline. It’s a nightmare that happened in a neighborhood where people walk their dogs and kids play. At Attorney911, we’ve spent 27+ years fighting for families who have lost everything to this kind of senseless negligence. We know that behind every police report is a human life, a grieving family, and a complex web of legal liability that insurance companies will try to untangle in their favor.
The Reality of Pedestrian Danger in Lubbock County
Lubbock County sits at Rank 18 in Texas for total crashes. In 2024 alone, our county recorded 5,816 crashes and 37 fatalities. While that might seem like a statistic, for a Lubbock family today, that’s a seat at the dinner table that will stay empty forever.
Pedestrian accidents are uniquely lethal. Across Texas, pedestrians make up only 1% of crashes but account for a staggering 19% of all roadway deaths. A pedestrian hit by a vehicle is 28.8 times more likely to die than an occupant in a car-to-car collision. When you add high-speed evading into the mix, the physics are even more brutal.
The TxDOT data for “Fleeing or Evading Police” shows a 3.1% fatality rate—one of the highest “silent killer” rates in the state. In this Lubbock case, the suspect didn’t just ignore a traffic stop; he introduced a lethal force into a residential area.
Ralph Manginello has been representing injury victims in Texas courtrooms since 1998. He grew up in Houston’s Memorial area and has spent his entire career holding negligent parties accountable, including taking on multinational corporations in the BP Texas City Refinery explosion litigation. When a tragedy happens on Lubbock streets like 82nd Street or Frankford Avenue, Ralph understands that you need more than a lawyer—you need a team that knows how to secure the evidence before it disappears.
Learn more about our approach in our video “What Exactly Is a Personal Injury?” at https://www.youtube.com/watch?v=cWdADo3DHRI
Who Is Liable When a Pursuit Ends in Death?
In a complex incident involving multiple law enforcement agencies—LPD, Lubbock County Sheriff’s Office, and Texas DPS—and a fleeing suspect, identifying the liable parties requires a sophisticated legal investigation.
1. The Fleeing Driver (Gene Davis)
Liability against the suspect is often the most straightforward. Under Texas law, “Negligence Per Se” applies when a person violates a statute designed to protect the public—such as fleeing from a peace officer or speeding. By allegedly striking a pedestrian while evading arrest, Davis’s actions create a near-automatic finding of negligence. However, the question often becomes: Is there enough insurance to cover a wrongful death?
2. The Texas Tort Claims Act and Government Liability
This is where the case becomes difficult for most law firms, but it’s where Attorney911 excels. In Texas, government entities like the Lubbock County Sheriff’s Office or LPD generally have “sovereign immunity.” However, the Texas Tort Claims Act (Civil Practice & Remedies Code Chapter 101) waives that immunity for injuries caused by the use of motor-driven vehicles by government employees.
If a pursuit was resumed in a manner that violated department policy or created an unreasonable risk to the public, the government entity might share liability. Critical Warning: Claims against government entities have a 6-month notice requirement—much shorter than the standard 2-year statute of limitations. If you miss this window, your right to sue a government entity is gone forever.
3. UM/UIM Coverage: The Pedestrian’s Safety Net
Most people don’t know that their own car insurance may cover them even if they weren’t in a car. If the pedestrian had Uninsured/Underinsured Motorist (UM/UIM) coverage, that policy often applies when they are hit as a pedestrian or cyclist. Given that 1 in 7 Texas drivers is uninsured, this is often the most critical recovery path in catastrophic Lubbock accidents.
As we explain in our video “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8, you shouldn’t rely on the criminal suspect to have adequate insurance. We look for every available policy in the “collection stack.”
Why Attorney911’s Insurance Defense Advantage Matters
Lupe Peña is a 3rd generation Texan with roots going back to the King Ranch. But before he joined Attorney911 to fight for victims, he worked for years at a national defense firm. He learned firsthand how large insurance companies value claims, and more importantly, how they try to devalue them.
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.” Having him on our team is our “nuclear advantage.”
After a high-profile crash in Lubbock, insurance adjusters aren’t your friends. They are already using software like Colossus to calculate the lowest possible payout for a “70-year-old pedestrian.” They might try to argue the pedestrian was partially at fault for where they were walking—a tactic used to exploit Texas’s 51% comparative negligence rule.
Under Texas Civil Practice & Remedies Code § 33.001, if an insurance company can convince a jury that the victim was 51% at fault, the family recovers ZERO. Lupe spent years making those arguments for the other side. Now, he uses that “classified intelligence” to defeat those same tactics for our clients.
As client Tracey White shared: “She had received a offer but she told me to give her one more week because she knew she could get a better offer.” That is the kind of tenacity you get when your lawyers know the insurance company’s playbook.
Documented Results in Catastrophic Cases
We don’t just talk about being experienced; we prove it with results. Every case is unique, and past results do not guarantee future outcomes, but our track record shows we aren’t afraid of the biggest fights.
- Trucking Wrongful Death: “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.”
- Logging Brain Injury: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
- Car Accident Amputation: “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.”
In a case like this Lubbock pedestrian death, the damages are profound. We aren’t just looking at medical bills from UMC. We are looking at a Survival Action (for the pain the victim suffered before death) and a Wrongful Death claim (for the loss of companionship, guidance, and emotional support suffered by the surviving spouse, children, or parents).
For deeper insights into how we value these cases, listen to Ralph Manginello on the Attorney 911 Podcast, available on Apple Podcasts at https://podcasts.apple.com/bj/podcast/attorney-911/id1773141988
The 48-Hour Protocol: Protecting Lubbock Families
Evidence in a police pursuit crash is extremely time-sensitive. While the suspect is in custody at the Lubbock County Detention Center, the evidence that could win your case is already at risk.
- Police Dashcams and Bodycams: LPD and Lubbock Sheriff’s vehicles are equipped with cameras. We need to secure that footage before it is archived or potentially “lost.”
- DPS Helicopter Surveillance: The Texas DPS helicopter was tracking the suspect from 11:36 a.m. to the impact at 11:45 a.m. This aerial footage is the most objective evidence of the suspect’s speed and the police department’s pursuit tactics.
- Neighborhood Surveillance: Memphis Avenue and 93rd Street are residential areas. Ring doorbells, Nest cameras, and local business surveillance footage typically auto-delete in 7 to 30 days.
- Black Box Data: Gene Davis’s vehicle has an Event Data Recorder (EDR). This “black box” records his exact speed, braking, and steering inputs in the seconds before he struck the pedestrian. If the vehicle is repaired or sold for salvage, this data is gone forever.
At Attorney911, we send preservation letters within 24 hours of being hired. These letters legally require all parties—the police, the suspect, and third-party businesses—to save evidence.
See our guide “What Should I Do First After an Accident?” at https://www.youtube.com/watch?v=OCox4Lq7zBM
What Lubbock Families Should Know About Wrongful Death Claims
Losing a loved one is overwhelming. When that loss is caused by someone fleeing the police, it’s also infuriating. You might be feeling shock, anger, and a deep sense of isolation.
Stephanie Hernandez, one of our past clients, described that feeling: “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.” That is our goal. We handle the legal fight so you can focus on grieving.
In Texas, the following family members can file a wrongful death claim:
* The surviving spouse
* The children (including adult children)
* The parents
You have two years from the date of death to file a claim under Texas Civil Practice & Remedies Code § 16.003. But as we’ve seen in Lubbock, the legal deadline is two years, but the evidence deadline is often just a few days.
If the suspect, Gene Davis, was intoxicated at the time of the crash, the Texas Dram Shop Act might even allow us to sue the bar or restaurant that overserved him. This adds a commercial insurance policy to the collection stack, which is often the difference between a $30,000 settlement and a million-dollar recovery.
Your Legal Emergency Lawyers™ in Lubbock
Ralph Manginello’s 27+ years of experience includes admission to the U.S. District Court, Southern District of Texas, and handling complex federal litigation. Our firm handles cases throughout Texas, including the South Plains. Whether your accident happened on the Loop 289 or in a neighborhood like the one at 93rd and Memphis, we know the Lubbock legal landscape.
We believe in authority through demonstration. As client Chavodrian Miles said, “Leonor got me into the doctor the same day…it only took 6 months amazing.” We move fast because your recovery can’t wait.
We also understand the cultural heartbeat of Texas. Lupe Peña’s King Ranch roots and his fluency in Spanish ensure that every family has a voice. Hablamos Español. If you are more comfortable discussing your case in Spanish, Lupe and our dedicated staff, like Zulema, are here to help.
Frequently Asked Questions for Lubbock Pursuits
What should I do immediately after a Lubbock pedestrian accident?
Safety is first. Call 911 and get to UMC for medical treatment. Adrenaline masks internal injuries. Then, call Attorney911 at 1-888-ATTY-911 before you talk to any insurance company. Every word you say to an adjuster can be used to reduce your claim.
Can I sue the Lubbock Police Department or Sheriff’s Office for the chase?
Possibly. Under the Texas Tort Claims Act, government immunity can be waived if the pursuit was conducted negligently. However, these cases are difficult and have a strict 6-month notice deadline. You need an attorney who has handled complex litigation against government entities.
What if the driver who hit me didn’t have insurance?
This is why we check your own UM/UIM policy. Many pedestrians are surprised to find that their own car insurance provides “Uninsured Motorist” protection even when they are walking. Learn more at https://www.youtube.com/watch?v=3H_-q6ncyOc
How much is a Lubbock wrongful death case worth?
Value is determined by many factors: the victim’s age, earning capacity, medical expenses before death, and the emotional trauma to the family. In cases involving gross negligence—like fleeing from police—punitive damages may also be available. We’ve recovered millions for families in similar situations.
Why should I choose Attorney911 over a big billboard firm?
Most big firms treat you like a number. At Attorney911, we are a family. As Chad Harris noted: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” Plus, you get the insider advantage of having a former insurance defense attorney on your side.
No Fee Unless We Win
We know that after a fatal accident, the last thing you should worry about is how to afford a lawyer. We work on a contingency fee basis. This means:
* Zero upfront costs.
* We advance all investigation and expert witness expenses.
* “We don’t get paid unless we win your case.”
You may still be responsible for court costs and case expenses, but our fee is a percentage of the recovery we secure for you.
As Kiimarii Yup shared: “I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.”
Contact the Lubbock Accident Advocates at Attorney911
A 70-year-old man should have been safe walking his dog on Memphis Avenue. The choices made by Gene Davis at 11:31 a.m. at 34th and Frankford stole that safety—and a life—from the Lubbock community.
Don’t let an insurance company tell you what your loved one’s life was worth. Let a former insurance defense attorney and a 27-year veteran of federal court tell them what they owe.
We are available 24/7. Your call will be answered by a live staff member, not an answering service.
Attorney911 | The Manginello Law Firm, PLLC
Legal Emergency Lawyers™
1177 West Loop S, Suite 1600, Houston, TX 77027 (Principal Office)
Offices also in Austin and Beaumont. Serving Lubbock and all of Texas.
Primary Emergency Line: 1-888-ATTY-911 (1-888-288-9911)
Direct: (713) 528-9070
Email: ralph@atty911.com | lupe@atty911.com
Website: https://attorney911.com
Your fight starts with one call: 1-888-ATTY-911. We answer. We fight. We win.
Disclaimer: This information is for educational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact us for a free consultation about your specific situation.