Hockley County, TX — April 17, 2024, Elaine Maribel Martinez was killed following a truck accident shortly after 9:00 a.m. along U.S Highway 385.

According to authorities, 19-year-old Elaine Martinez was traveling in a southbound Nissan Versa on U.S. 385 in the vicinity north of the Farm to Market 597 intersection when the accident took place.

Officials indicate that, for as yet unknown reasons, a northbound Freightliner failed to maintain its lane of travel. It reportedly veered to the left, crossing over the center line and entering the southbound lane of the roadway. This led to a head-on collision between the two vehicles. The crash caused both vehicles to veer off of the west side of the road. The Freightliner overturned and came to a stop resting on its right side. The Nissan came to a stop upright and facing northeast.

Reports state that she suffered fatal injuries due to the wreck and was declared deceased at the scene. No other injuries have been reported. Additional details pertaining to this incident—including the identity of the victim—are not available at this point in time. The investigation is currently ongoing.

Commentary by Attorney Michael Grossman

The reports I've come across don't address the most crucial question about this crash, "What caused the 18-wheeler to allegedly cross the center line?" Now, some people may think asking that question amounts to hair-splitting, but it cuts to the heart of ensuring accountability for this crash.

Some may believe that no matter what, the truck driver is likely responsible for what happened here. That may turn out to be true. At this time there are no reports about what the driver was doing at the time of the crash, so blaming the driver is premature.

The first thing a truck accident investigation should do is evaluate what technology was in use in the truck at the time of the crash. Was the driver on his cell phone? No one will know unless someone obtains his call records. Does the truck have in-cab cameras, as many trucks do these days? If yes, then that's a potentially valuable peace of the puzzle. What does the engine control module (the truck's "black box) data say was going on with the vehicle at the time of the crash?

Moving beyond the evidence at the crash scene, did trucking company policies that can contribute to crashes? Is the driver training up to snuff? What procedures are in place to evaluate drivers before they're hired?

You might think some of those questions to be off the mark, but I litigated a case recently that involved a truck driver who caused a crash that should have never been on the road in the first place. The driver was fired from three or four jobs prior to being hired by the company in question. The company's driver's skill evaluation consisted of a 20-minute road test, which purportedly gauged a driver's ability to drive during the day, at night, and during changing weather conditions. We say the weather changes fast in Texas, but not that fast. After all the evidence was in, it was clear to everyone involved in the case that the company's contribution to the crash was far greater than the drivers, because the driver couldn't help but be incompetent, whereas the company had a choice when they hired her.

The takeaway from a crash like this is that investigating these crashes is more complex and involved than most people realize. The goal isn't just to ensure that someone is held accountable for a crash, but that the right people answer for their mistakes. This means gathering as much evidence as possible and seeing what story the evidence tells. That will determine who should be held accountable and what consequences are appropriate, but that only happens after all the evidence is in.