The incident occurred on November 13, 2025, when the FedEx vehicle failed to maintain speed, slamming into the rear of James Kirksey’s car. According to the police report, the driver acknowledged his exhaustion to officers at the scene, admitting he had drifted off just before the collision. The legal filing, James Kirksey v. Kamren Jonnie Provost and Federal Express Corporation, seeks damages for the severe medical care required following the wreck.
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FedEx Sued After Driver Admits Falling Asleep Behind the Wheel
A moment of fatigue on Highway 249 has spiraled into a legal battle after a FedEx truck driver admitted to falling asleep before rear-ending another vehicle in Harris County, Texas. The crash left the plaintiff with catastrophic, life-altering injuries, prompting a lawsuit now filed in the 215th Judicial District Court.

Derek Potts, National Managing Partner at Potts Law Firm, emphasized that the responsibility lies with the employer to ensure drivers are not operating heavy machinery while dangerously fatigued. He noted that corporate oversight is critical to preventing such avoidable outcomes on public roads. The firm is currently pursuing the claim in the 215th Judicial District Court of Harris County under Case No. 2026-62522.
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