• May 03, 2017

Josiah Marquez Killed in Fort Worth, TX, Car Accident

Fort Worth, TX -- May 2, 2017, Josiah Marquez was killed following an accident in which he was struck by a car after running into the street.

Fort Worth Police officials released information surrounding the fatal accident. They responded to the scene around 7:45 p.m. on a neighborhood street Refugio Avenue, just off of NW 26th Street.

According to preliminary details, 3-year-old Marquez was playing with a ball when it went into the roadway. The young child chased the ball, entering the path of an oncoming vehicle. The driver did not stop in time, and the vehicle hit the child.

Marquez sustained critical injuries and was rushed over to Cook Children's Medical Center for intensive care. He eventually succumbed to his injuries.

Police say they issued a citation to the driver for driving without a license. No additional charges were reported.

Authorities released no additional information.

Map of the Area


The news reports are tending to word this accident in way that the boy dashed out in front of the car. This is totally fair, but the implication is that the child ran into the car. What bothers me about this is that this wasn't on an interstate or a highway. This accident happened on a small neighborhood street. It's understandable that a driver, at a certain point, simply can't avoid an accident, but the idea when driving through a neighborhood is to drive slow enough and be attentive enough that should a child dart out into the path of the car, the driver can stop on a moment's notice.

We've all seen those brakes commercials where a child chases a ball out into the street and the driver slams on their brakes. It's certainly true that good brakes help in these situations, but the first line of defense is being attentive. Neighborhood streets are often narrow and have cars parked along the curb, meaning it's not always easy to see what's coming into the street. However, if a driver stays alert and drives slowly, they'll be able to come to a quick stop even if someone enters the path of the car.

Now, despite the fact this driver was cited for driving without a license, I don't know the exact details of what happened in this accident. It's entirely possible no driver could have avoided the accident, regardless of how attentive they were. That being said, just because police say speed wasn't a factor doesn't mean all possible actions were taken to avoid this accident. Such a serious tragedy warrants further investigations to determine exactly how this could have been avoided and why that didn't happen.

--Grossman Law Offices


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