• January 09, 2017

Gumesindo Martinez Killed in Odessa, TX, Pedestrian Accident

Odessa, TX -- January 6, 2017, Gumesindo Martinez was killed after an accident where he was hit by a vehicle while crossing the highway.

The Odessa Police Department was called to the scene of the accident in the evening hours of Friday. According to their preliminary reports, 43-year-old Martinez was attempting to cross traffic lanes Highway 80 somewhere in the 6700 block. Authorities say this area does not have a crosswalk.

As Martinez crossed the road, a Toyota Prius did not see him in time and crashed into him. Martinez was critically injured, and EMS pronounced him dead at the scene.

Police say the driver, Clyde Ellis, is not facing charges at this time. Investigators continue to look into the accident.

Map of the Area


While authorities seem to indicate that Mr. Martinez violated right of way in this accident, it's important to remember that right of way is not the ultimate decider of liability for an accident. Our firm has handled several pedestrian accidents in the past in which a pedestrian violated right of way before being hit by a vehicle. In some of those cases, it turned out the driver was behaving negligently--speeding, texting, drinking, etc.

In those kinds of scenarios, it can be reasoned that a driver who was attentive or unimpaired would have been able to avoid the collision altogether. The pedestrian may have violated the right of way, but every driver has an obligation to avoid accidents to the best of their ability. This is why pedestrian accidents tend to be more complex than most people think. Our blog has an article that goes more in-depth on this subject, and can clear up any confusion or questions people often have in relation to pedestrian accidents.

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Whether or not something such as this occurred in this particular accident remains to be seen. Investigations must be thorough to determine the full context of what occurred beyond simply who had the right of way.

--Grossman Law Offices


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