Roger Fernandez Arrested in Fort Worth Pedestrian Accident
The early morning incident led to the arrest of Roger Fernandez on charges of collision involving death
A pedestrian died Friday morning after being hit by a vehicle in Fort Worth, according to the Fort Worth Police Department. Officers responded to reports of a major crash at about 6:25 a.m. Friday, April 4, in the 8600 block of Camp Bowie West Boulevard.
Police found that a pedestrian was hit by a vehicle and died. Roger Fernandez, 36, the driver of the vehicle, was arrested and charged with collision involving death, according to jail records.
Investigation & Legal Analysis
The arrest of Roger Fernandez on a charge of "collision involving death" indicates that law enforcement has identified sufficient evidence to suggest criminal culpability in the pedestrian fatality. In Texas, a charge of "failure to stop and render aid resulting in death," commonly known as collision involving death, carries significant penalties, including potential imprisonment and substantial fines. This criminal charge is separate from any civil liability that may arise from the incident, meaning the victim's family could pursue a wrongful death claim independently of the criminal prosecution.
From a civil perspective, potential claims against Roger Fernandez would likely include negligence, given the circumstances of the fatal collision. To establish negligence, the victim's family would need to demonstrate that Fernandez owed a duty of care to the pedestrian, breached that duty, and this breach directly caused the pedestrian's death and resulting damages. Evidence gathered during the police investigation, such as accident reconstruction reports, witness statements, and any indications of impaired driving or reckless behavior, would be critical in building such a case. The statute of limitations for wrongful death claims in Texas is generally two years from the date of death, making prompt legal action advisable.
Families navigating such a tragedy are advised to immediately seek counsel from an attorney focusing on wrongful death and pedestrian accident cases. An attorney can help preserve crucial evidence, such as vehicle damage, surveillance footage from nearby businesses, and police reports, which can deteriorate or be lost over time. They can also provide guidance on documenting all associated losses, including funeral expenses, medical bills, loss of potential earnings, and non-economic damages like pain, suffering, and loss of companionship. "The sudden loss of a family member is a trauma that never fully fades," stated Stefano Formica, Of Counsel at Bond Legal, highlighting the severe and lasting impact of such incidents. Understanding the distinction between criminal prosecution and civil litigation is key for families seeking justice and compensation.
Texas wrongful death statute
Under Tex. Civ. Prac. & Rem. Code § 71.001, surviving family members may file a wrongful death action. Texas applies modified comparative fault (51% bar). The statute of limitations is 2 years.
Recoverable damages may include loss of financial support, loss of companionship and consortium, funeral expenses, and mental anguish.