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 of her injuries at the hospital. The victim’s 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 area where the FedEx truck accident occurred was to the 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 gets up to 70 mph along this stretch, however, on a desolate highway like this, drivers often speed well over the legal limit. US 57 is generally a “no passing” road but it opens up into an extra designated passing lane from time to time to allow drivers to get around 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 towards oncoming traffic is still unknown at this time. 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 required to by law. Often, preservation of critical evidence must be done early on in these cases such as sending letters to preserve evidence and/or subpoenaing the electronic data recorder for the truck to determine what the movements of the vehicle before the collision suggest about the wreck’s cause. If the vehicle appears to have been traveling at an excessive rate of speed, then 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 the point of 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 act fast to preserve the evidence.
Other Possible Reasons to Cross a Center Line
In addition to the above, we have seen cases where a driver was simply distracted by a phone call, text, or even a game on his cell phone just prior to the wreck. Again this evidence needs to be preserved via 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 or a spilled drink or falling item in the vehicle causing the driver to become distracted and turn the wheel by accident. Thus, there are many possible causes of a box truck accident. Each of these potential cases needs to be investigated. 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 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 nor attorney expenses unless we make a recovery for you.
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