El Paso, TX — October 16, 2024, a pedestrian was injured in a car accident at about 1:20 a.m. in the 7900 block of North Mesa Street.

A preliminary accident report indicates a 2014 Honda Odyssey was heading east near Crossroads Drive when it came up a pedestrian walking in the road. The driver swerved to avoid the pedestrian, but still clipped the man with the Honda's right side mirror.

The pedestrian, a 30-year-old man whose name has not been made public, suffered a broken nose and possible abdominal injuries in the crash, according to the report. The Honda driver was not injured.

Authorities have not released any additional information about the El Paso County crash.

Commentary by Attorney Michael Grossman

When a pedestrian is struck by a vehicle, even in what may seem like a minor or narrowly avoided impact, it’s critical that the investigation goes beyond first impressions. In this case, a collision involving a Honda Odyssey and a pedestrian walking in the roadway at 1:20 a.m. raises important questions. As always, a thorough review starts with the three key questions: Did the authorities conduct a full and proper investigation? Has anyone considered whether a vehicle defect played a role? And has all the electronic data related to the crash been preserved?

First, the investigation must establish the context: Why was the pedestrian in the roadway? Were there sidewalks, crosswalks or lighting nearby? Was the road design safe for both drivers and pedestrians at that hour? These questions matter because pedestrian crashes in low-light conditions often hinge on whether the driver had a reasonable chance to see and avoid the person in time. Even though the driver reportedly attempted to swerve, it’s important to verify those actions through a full reconstruction, including measurements of braking distance, point of contact and vehicle speed.

Second, the question of a potential vehicle defect can’t be ignored simply because the impact involved a side mirror. The 2014 Honda Odyssey is equipped with lighting and mirror systems that are critical for detecting hazards and maintaining driver awareness. If the headlights were dim, misaligned or malfunctioning, or if blind spot detection systems weren’t operating correctly, that could have reduced the driver's ability to spot and avoid the pedestrian. Likewise, a delay or failure in steering response, perhaps caused by a mechanical or electronic issue, could affect how well the driver was able to execute the evasive maneuver. These possibilities deserve to be examined through a detailed inspection of the vehicle.

Finally, the value of electronic data in understanding this crash cannot be overstated. The Odyssey’s engine control module may have recorded important data like speed, throttle input and steering behavior leading up to the incident. Additionally, if the vehicle was equipped with driver assistance systems, those may log alerts or system activations. This data can help confirm whether the swerve occurred too late or if the driver responded appropriately based on the circumstances. Surveillance footage from nearby businesses or intersections, if available, could also help reconstruct the event and confirm the pedestrian’s visibility and movement before the impact.

Even when a crash seems minor by comparison to others, the lasting impact on the injured pedestrian is very real. That’s why it’s essential to ask these three questions: to go beyond what’s immediately obvious and ensure that all factors, from road design to mechanical reliability and electronic data, are carefully considered. Only then can we be confident that the full story is being told, and that lessons from the crash are learned.