McAllen, TX — March 18, 2024, Joshua Pena was injured as the result of a car accident which happened around 4:45 p.m. on McColl Road.
According to officials, the crash took place in the area of North McColl Road and East Violet Avenue.
Initial details say that 34-year-old Joshua Pena was in a Toyota Sienna going southbound along McColl. Pena stopped for the light at Violet and was waiting when it appears a Honda Pilot failed to slow down and rear-ended Pena’s vehicle. As a result, Pena was taken from the scene with apparently serious injuries.
Commentary by Attorney Michael Grossman
While the cause of the crash is not confirmed at this time, authorities mentioned the Honda possibly having brake issues. Were they able to distinguish if those issues were foreseeable or not?
Most of the time, when someone experiences issues with their brakes, they’re worn or otherwise needing to be replaced. That’s generally something drivers have control over. Other times, though, there can be a sudden, unforeseeable failure as the result of a defect. Not only would that be important to bring to light for the sake of getting answers, those kinds of defects can also put others in serious danger. Calling out defects and making sure the party responsible for them takes action would be crucial for preventing future accidents.
Frankly, defects are not the sort of thing authorities are typically equipped to handle. It’s possible they had the tools and experience here to nail down the exact problem that led to the crash. But if they didn’t have those tools, and if they didn’t seek out independent accident reconstructionists to pick up the slack, there could be crucial evidence slipping through the cracks here.
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