McAllen, TX – A driver was charged for a fatal car crash involving a cyclist in the McAllen area. The driver may also face civil lawsuits as well.
Distracted driving likely cause of fatal crash
A 24-year-old man has pleaded not guilty to a manslaughter charge in connection with a fatal crash that killed a cyclist in 2024 [1]. The plea was entered in a district court in Harlingen, Texas, as the case moves forward through the legal system.
The charge stems from an incident that occurred shortly before midnight on November 13, 2024, at the intersection of South 9th Street and Highway 83 in McAllen. Authorities responded to reports of a collision involving a truck and a cyclist. Upon arrival, officers found that the cyclist had been struck while traveling through the intersection and later died from injuries sustained in the crash.
According to the criminal complaint, the driver had recently purchased a pickup truck from a dealership and was driving home at the time of the incident. During the investigation, law enforcement reviewed surveillance footage from the area. A detective reported that the video appeared to show the truck failing to stop at a posted stop sign before entering the intersection, where it collided with the cyclist.
Further details from the investigation indicate that a forensic extraction of the driver’s cellphone revealed he was attempting to connect his phone to the truck at the time of the crash. This information has been cited as a potential contributing factor, suggesting possible distraction immediately before the collision.
The case has drawn attention to issues of driver awareness and the dangers of distracted driving, particularly when operating a newly acquired vehicle with unfamiliar technology. Prosecutors allege that the combination of failing to obey traffic control devices and engaging with a mobile device led to the fatal outcome.
With the not guilty plea entered, the case will proceed through the court process, where evidence—including surveillance footage and digital records—will be examined. The outcome will depend on whether prosecutors can prove that the driver’s actions constituted criminal negligence resulting in the cyclist’s death.

Can a civil lawsuit for negligence be brought against the driver responsible for the accident?
Yes, a civil lawsuit for negligence can generally be brought against the driver who is accused of causing the accident that resulted in the cyclist’s death. In Texas, a wrongful death or personal injury claim based on negligence is separate from any criminal case, meaning the civil case can proceed regardless of whether the driver is convicted in criminal court.
To succeed in a negligence or injury lawsuit, the injured party’s family (or the estate of the deceased) must typically prove four key elements: duty, breach, causation, and damages. First, all drivers have a legal duty to operate their vehicles safely and follow traffic laws. Second, it must be shown that the driver breached that duty—for example, by failing to stop at a stop sign, driving inattentively, or engaging in distracting behavior such as using a phone or vehicle controls while driving.
Third, the breach must be directly linked to the accident. In other words, it must be proven that the driver’s failure to act responsibly was a substantial factor in causing the collision. Evidence such as surveillance footage, accident reconstruction reports, witness statements, and digital data from devices or vehicles can be critical in establishing this connection. In this case, reports indicating a failure to stop at an intersection and possible distraction from mobile device use could be relevant to proving causation.
Finally, damages must be demonstrated. In a fatal accident case, damages may include funeral and burial expenses, loss of financial support, loss of companionship, and the emotional suffering of surviving family members.
Texas also applies a modified comparative fault rule. This means that if the deceased cyclist is found to have contributed to the accident in any way, any compensation awarded could be reduced proportionally. However, as long as the cyclist is not found more than 50 percent at fault, a recovery may still be possible.
Because civil cases operate independently of criminal proceedings, families often pursue them even while criminal charges are pending. A successful negligence lawsuit could provide financial compensation and also help clarify accountability for the incident.
Texas accident and injury attorneys
Tijerina Law Firm dedicates their time to helping people with various aspects of personal injury and accident lawsuits in the McAllen area. Those who have recently been involved in an accident can meet with their lawyers for more specific advice.

Firm contact info:
515 Pecan Blvd., McAllen, TX 78501
956-261-5609
Tijerinalawfirm@gmail.com
www.tijerinalawfirmpc.com
Sources:
- https://www.valleycentral.com/news/local-news/san-juan-man-pleads-not-guilty-in-2024-fatal-cyclist-crash/



