On Tuesday, May 28th, 2024, around 8 p.m., the Martinez family was traveling in their 2022 Hyundai Santa Fe SUV on U.S. 57 near Eagle Pass when a FedEx box truck crossed the center line, causing a head-on collision. The impact from the FedEx truck accident near Eagle Pass killed four of the five family members, with the fifth being pronounced dead at the hospital. The victims’ ages ranged from 10 to 71 years old. The FedEx truck driver survived the collision and was taken to the hospital for treatment.
Highway 57 South
Image taken from Google Maps.
The FedEx truck accident occurred southeast of Eagle Pass. U.S. 57 is a poorly lit two-lane highway in this area with a double yellow divider line. The legal speed limit is 70 mph along this stretch; however, on a desolate highway like this, drivers often speed well over the limit. US 57 is generally a “no passing” road, but it occasionally opens into an extra designated passing lane to let drivers pass slower-moving vehicles such as farming machinery. The area is very rural.
Passing and Maintaining a Single Lane
Why the FedEx driver was driving the wrong way toward oncoming traffic is still unknown. What is clear is Texas law. When there is a clearly marked double yellow line in the center of the roadway, all drivers have a duty to maintain their vehicle in their lane of travel without veering from it when it is not safe to do so. Crossing the double yellow line is negligence per se unless 1) the vehicle is turning and it is safe to do so, 2) there is an emergency that excuses maintaining the lane, or 3) the driver is instructed to do so by a police officer.
Investigating the Cause of the Crash
Investigating the cause of a FedEx box truck crash is critical to determining the truth. The driver will be instructed not to talk to you or anyone else about the wreck unless the law requires it. Often, critical evidence must be preserved early in these cases, such as by sending letters to preserve evidence and/or subpoenaing the truck’s electronic data recorder to determine what the vehicle’s movements before the collision suggest about the wreck’s cause. If the vehicle appears to have been traveling at an excessive speed, loss of control, or distracted driving may have been a factor. If the electronic data recorder shows the vehicle was weaving and swerving for some distance before impact, this could suggest that driver fatigue contributed to the collision. This evidence will disappear if the victims do not quickly hire a FedEx truck accident lawyer to preserve it.
Other Possible Reasons to Cross a Center Line
In addition, we have seen cases where a driver was distracted by a phone call, text, or even a game on his cell phone just before the wreck. Again, this evidence must be preserved through a preservation of records request or a subpoena before it is lost or destroyed. We have also seen cases where a driver overreacts to an animal entering the roadway, a spilled drink, or a falling item in the vehicle, causing the driver to become distracted and accidentally turn the wheel. Thus, box truck accidents can have many possible causes. Each of these potential causes needs investigation. The best way to find the exact cause is to file a lawsuit, subpoena these records, and then take the driver’s deposition.
Conclusion
Truck accidents need a detailed investigation and quick action to preserve the evidence. If you or your loved ones are injured due to a FedEx accident, UPS accident, or other truck accident, know that the Houston box truck accident lawyers at Simmons and Fletcher, P.C. have been fighting for the rights of Texas families since 1979. The consultation is 100% free, and we charge no attorney fees or expenses unless we recover money for you.
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