Ft. Worth Personal Injury Attorney

J. Gonzalez

Chain reaction car accidents

In Texas, the driver who is responsible for causing a crash and any resulting injuries is generally responsible for providing compensation. However, in a chain reaction car accident, determining liability and seeking compensation for personal injuries can be complex.

The initial driver who caused the first collision is often considered at fault, but others may also share responsibility if they failed to react appropriately or maintain a safe following distance.

Initial Negligence

The driver whose negligence (e.g., speeding, DWI, distracted driving) triggered the initial impact is typically considered the primary responsible party.

Contributory Negligence

Other drivers involved may also be found at fault if they failed to maintain a safe following distance, reacted improperly to the initial impact, or otherwise contributed to the chain of events.

Joint and Several Liability

In some cases, if multiple drivers are found liable, they may be held jointly and severally liable, meaning one driver could be responsible for paying all of the damages incurred by injured parties, even if they are not solely responsible for the accident.

Contact J. Gonzalez

Insurance claims and legal proceedings are highly complicated, especially when multiple vehicles are involved. Insurance companies and court defendants are going to have attorneys on their side, so it only makes sense that you should have the best attorneys you can find on your side.

If you or a loved one are injured in a multi-car collision, the team of personal injury attorneys at the J. Gonzalez Law Firm is here to help. We have experience handling complex cases where determining a guilty party may be more complicated than usual. Our attorneys are dedicated to helping our clients to ensure the best possible outcome.

Call us today at 1-800-CAR-CRASH to get started on building the strongest case possible in your favor.

At least 17 hurt in Ft. Worth chain-reaction crash

By: Benjamin Treviño

At least 17 people were injured after a chain-reaction crash involving about 15 motorcycles on Interstate 35W in Fort Worth Friday night, according to police. The crash happened when the lead vehicle’s tire blew out, leading to a chain-reaction crash, Fort Worth police believe.

According to fire officials, of the 17 people injured, 14 were transported to local hospitals, with some in critical condition. Three patients were treated at the scene.

The Fort Worth Fire Department said the crash occurred on Interstate 35 near the Presidio shopping center. Crews were dispatched to the incident just before 8:45 p.m., officials said. When they arrived on scene, officials said they saw several motorcycles engulfed in flames and multiple patients scattered around the roadway.

The southbound toll road was shut down for several hours following the crash.

Source: https://www.star-telegram.com/news/local/fort-worth/article304562461.html

What happens if one event results in multiple plaintiffs suing the same defendant?

A lawsuit with multiple plaintiffs seeking compensation from one and the same defendant can arise in a crash involving multiple vehicles.

Each plaintiff will bring their specific set of circumstances and injuries to the table. One person might have minor injuries, another might have severe injuries. Still another party might be the surviving immediate family members suing for wrongful death.

Victims who were in different vehicles when the crash happened would most likely file their individual lawsuits. Two victims in one vehicle might file a joint lawsuit, depending on the advice of their attorney(s).

These are some major considerations to keep in mind:

· Each of the multiple plaintiffs must be able to support their respective claims with the necessary evidence to prove their damage claims and injuries.

· Plaintiffs and their legal representatives should maintain clear lines of communication with one another, regarding case developments, strategies and negotiations.

· A judge may choose to consolidate multiple plaintiffs’ cases. This helps avoid redundant processes, saves time, and promotes efficiency in handling similar claims simultaneously.

· Determining how compensation will be allocated can be complex. Legal teams will have to establish a fair and equitable distribution of damages based on the severity of each individual’s injuries and losses. This can be especially challenging in situations where the defendant has limited liability insurance or other financial resources available.

Contact the J. Gonzalez Law Firm

J. Gonzalez has the most knowledgeable team of personal Injury attorneys in the State of Texas. We are experts at taking on the most complex of cases and preparing a winning representation strategy that ensures a just settlement.

J. Gonzalez offers a free, no obligation consultation to help you understand the best options that may be available to you. Don’t hesitate. Contact us today via this website or by calling 1-800-CAR-CRASH.

The news story below is an example of a situation where multiple people could be seeking damages from the same defendant.

Father/son killed in multiple vehicle crash

By: Benjamin Treviño

HIDALGO COUNTY — The Texas Department of Public Safety (DPS) reports that a father and son were killed and other motorists were injured in a four-vehicle crash in northern Hidalgo County. According to

a DPS news release, the crash happened about 2:30 a.m. April 14 on US 281 near FM 1017 in Linn-San Manuel.

The following is a synopsis of the DPS news release describing what transpired:

A male drunken driver was driving northward in the southbound lanes of US Highway 281. His wrong-way vehicle separately encountered three vehicles heading south in the southbound lanes.

The first vehicle was a white pickup truck occupied by a female driver and a child passenger. The woman veered off the roadway to avoid a collision, lost control of the truck, which subsequently rolled over, and stopped on the southbound frontage road. The woman and child were transported to Doctor’s Hospital at Renaissance, and were last reported in stable condition.

The wrong-way driver continued northward in the southbound lanes and subsequently collided with a black Hyundai Tucson occupied by a male driver and his son. The impact caused the Tucson to spin across the southbound lanes. The vehicle was then struck by a white Freightliner tractor-trailer traveling southbound on US 281 collided with the Tucson.

According to DPS, the father, 32-year-old Mark Anthony Alvarez of Pharr, died at the scene. His son, four-year-old John Andrew Escamilla, was transported to Doctor’s Hospital at Renaissance, where he died from his injuries.

The wrong-way driver, who was not identified, was last listed in critical condition at Doctor’s Hospital at Renaissance. The semi driver did not sustain injuries, the DPS report stated. DPS also reported that beer cans were found inside the Malibu. Blood work results on the driver are pending, according to DPS.

Source: https://www.valleycentral.com/news/local-news/dps-investigates-fatal-crash-on-us-281-north-of-edinburg/

A wrongful death can impact families beyond the immediate loss, encompassing emotional, financial, and psychological consequences.

Emotional and Psychological Trauma:

Families experience intense grief, sadness, anger, confusion, and despair.

The loss can lead to long-term psychological effects, including anxiety, depression, and trauma.

Family members may grieve differently and at their own pace, potentially straining relationships.

The need to live without a loved one can be a lifelong struggle.

Financial Strain:

Families may face significant financial burdens, including medical expenses, funeral costs, and lost wages.

If the deceased was a primary breadwinner, the loss of income can create a financial void.

Wrongful death settlements can help provide a safety net, but financial recovery can be a long process.

Legal and Procedural Challenges:

Families may need to navigate complex legal processes to pursue a wrongful death claim.

Understanding state-specific laws and procedures is crucial.

Proving negligence or wrongful acts can be a complex process.

Long-Term Impact:

The impact of a wrongful death extends far beyond the immediate aftermath, affecting family dynamics, relationships, and well-being for years to come.

Milestones, anniversaries, and moments of remembrance can trigger renewed grief.

Families may struggle to find ways to honor the memory of their loved one and keep their legacy alive.

Contact J. Gonzalez

The J. Gonzalez Law Firm is intimately knowledgeable about the stresses a family can endure when a loved is wrongfully killed.

We have successfully represented dozens of families in this situation, handling their legal affairs so they can focus on one another’s needs. We can do the same for you.

If you have questions about a wrongful death in your family, contact us via this website or by calling 1-800-CAR-CRASH.

Border Patrol agent dies in fatal McAllen crash

By: Benjamin Treviño

MCALLEN – The McAllen Police Department is investigating an April 8 crash that killed a 40-year-old off-duty Border Patrol agent.

Police say the crash happened in the 3200 block of South Ware Road at about 1:57 p.m. The accident involved a GMC pickup and a Chevrolet Tahoe.

One vehicle rolled as a result of the crash, but the McAllen Police Department did not indicate in its news release which vehicle rolled.

Police Chief Victor Rodriguez, however, said the agent was driving his personal vehicle.

The release stated that the occupants of the GMC pickup were transported for medical treatment for non life-threatening injuries while the driver of the Chevrolet was taken to a medical facility with serious injuries.

The driver died at the unnamed medical facility, according to police.

The McAllen Police Department didn’t immediately identify the individual who died.

“The crash investigation remains ongoing,” the release stated.

Hidalgo County Sheriff J.E. “Eddie” Guerra stated via X, formerly Twitter, the agent’s identity was Alejandro De Luna of the McAllen Border Patrol station, and that the crash occurred as he was on his way to start his shift.

No information on how the crash happened was provided.

Source: https://myrgv.com/alerts-mcm/2025/04/08/border-patrol-agent-dies-in-fatal-mcallen-crash/

When someone is involved in an accident in Hidalgo County, or anywhere in Texas, it is crucial to understand the factors that go into determining fault for personal injury claims. The way fault is determined in Texas impacts who is eligible for full or partial compensation and who is not.

How fault is determined

Determining fault in auto accident cases involves a thorough investigation and analysis of the factors involved. Police reports, witness statements, physical evidence, road conditions, and many other factors have to be weighed.

Sometimes these factors can lead to a clear-cut assessment of fault, but sometimes fault is not always clear cut.

For example, it can be a common assumption to blame a crash on a driver who fails to yield right of way or fails to heed a stop sign. However, there have been cases where stop signs have been missing or obscured by trees. In other cases, faulty signal lights have been blamed for causing crashes.

Contact J. Gonzalez

Drivers who have been injured in a crash need a skilled attorney on their side. Family members of people killed in a car crash need a knowledgeable wrongful death attorney on their side. The J. Gonzalez Law Firm has both.

Our team thoroughly investigates the facts of each case to ensure our clients are not blamed for accidents that were not their fault. They will also pursue compensation for the party or parties who are to blame.

The goal is to get the maximum compensation for our clients that are deserved under the law. If fault in your accident case is not clear cut, call us for a free no-obligation consultation. You can reach us via this website or by calling 1-800-CAR-CRASH.

Harlingen woman killed in fatal Mercedes crash

By: Benjamin Treviño

A Harlingen woman is dead after an April 1 crash with a Kenworth truck tractor south of Mercedes. This, according to a Texas Department of Public Safety press release.

At approximately 7:07 a.m., a red Kenworth truck tractor occupied by the driver was traveling westbound on Military Road 281 while a red Mazda 3 was traveling southbound on FM 491 approaching Military Road.

“The driver of the Mazda failed to yield the right of way at a stop sign and collided with the Kenworth,” the release said.

Brianna Marie Chavez, 25, died at the scene. Troopers are further investigating the crash.

Source: https://myrgv.com/local-news/2025/04/01/harlingen-woman-killed-in-fatal-mercedes-crash/

The Impact of wrongful death on surviving family members

The wrongful death of a beloved family member can have profound effects that are felt immediately. Intense grief, anger, and confusion are just a few of the emotions that surviving family members must deal with.

Wrongful death can also have long-term consequences that can negatively impact the family for generations. The disruption of family bonds, the long-term loss of income, and the resulting psychological trauma can take years to mend.

Understanding wrongful death

Wrongful death refers to a legal claim against a person or entity held liable for causing the death of another. Legal recourse through a wrongful death claim offers families a path to seek justice and financial compensation.

Types of damages

The damages for wrongful death claims are broken into two major categories: compensatory and non-compensatory (punitive) damages. Compensatory damages are more common, but in certain circumstances a plaintiff may get both.

Compensatory damages compensate family members for the actual loss and suffering associated with the needless death of their loved one. They include economic damages such as financial costs of survivors’ therapy, lost future income of the deceased, and other measurable losses.

Non-economic damages include compensation for the mental, emotional, and social costs of the death.

Punitive Damages are a special type of damages reserved for the most-shocking cases. They are only available when the wrongful death was caused by a willful and intentional act or omission, or by “gross negligence.”

Punitive damages are intended to punish a wrongdoer and discourage future acts of gross negligence.

Contact the J. Gonzalez Law Firm

In the wake of a wrongful death, families deserve compassionate and highly-knowledgeable legal guidance. The J. Gonzalez law Firm has helped innumerable families secure their rightful compensation, and they have held the responsible parties accountable.

If you or someone you know has been affected by wrongful death, we encourage you to reach out to our office for a free initial consultation. We will not only get you the compensation you deserve, we can also connect you with valuable resources for emotional support.

Together, we can work towards healing and rebuilding your life with the dignity and respect your loved one deserves. Contact us today via this website, or by calling 1-800-CAR-CRASH.

The article below from The Monitor gives an example of how the loss of a loved can impact a family for generations.

85th anniversary of the deadly 1940 Alamo train crash remembered

By: Omar Zapata (March 18, 2025)

ALAMO — The community came together last Friday to commemorate the 85th anniversary of the deadly 1940 train crash that killed nearly 30 farmworkers.

The commemoration, organized by the Alamo Lions Club, took place on the corner where the devastating crash happened at The Landmark on Tower with community members, historians and family of the victims in attendance.

On March 14, 1940, a Missouri Pacific Rail train heading west along Highway 83 from Donna to Alamo struck a truck carrying around 40 migrant farmworkers who were turning north from the highway onto Tower Road.

The crash resulted in the deaths of around 29 farmworkers, causing generational trauma for the families impacted. The farmworkers ranged from as young as 9 years old to as old as 50.

Speculation surrounds certain details of the morning crash, such as if the train blew its whistle to warn the truck or if the truck had a broken window covered with cardboard which blocked the driver’s view.

The train hit the truck, dragging it 1,200 feet, with people and limbs spread around the train tracks.

According to Monitor archives, on March 14, eyewitnesses described the scene as comparable to stories of war and destruction such as John Boeye, a McAllen service station owner who was among the first at the crash.

“It was quiet; only a soft murmur was coming from the bodies, many still moving and rolling in the dirt along the track. The bodies weren’t bloody; they looked like masses of rags, covered with dirt … One man whose body was cut in two and whose arms and head were, seemed to be trying to wiggle his fingers … As quickly as possible, I called Mr. Vickers (deputy sheriff at Edinburg) and left the scene within 45 minutes. I had all I could take. The odor of burning bodies was terrible.”

One of the guest speakers on Friday was Juan Carmona, a Donna High School social studies teacher who along with Taylor Seaver De La Fuente, a UTRGV graduate student, published a book about the crash to preserve the moment in Valley history and shed light on the struggles of farmworkers.

Co-authors Taylor Seaver De La Fuente, left, and Juan P. Carmona, right, pose in the area where a 1940 train crash resulted in the deaths of 29 farmworkers near the intersection of Tower Road and Business 83 on Thursday, Feb. 15, 2024, in Alamo. (Joel Martinez | [email protected])

The book is the culmination of nearly three years of research on the details of the train crash, the aftermath and how it impacted families.

In attendance was the family of Jose Ramon, the truck driver on that fateful day.

Ramon’s family is one story of pushing through tragedy into success. Former 430th state District Judge Israel Ramon Jr. is his grandson.

Israel spoke at the event, going into detail on how the death of his grandfather affected the family, his father and the resilience he got from his humble beginnings that shaped his future.

He said his grandfather had nine children, with his father being just 14 at the time of the crash and he was supposed to be on the truck that day.

“If he would have been there, we probably would not be here today,” he said. “He had to quit school at 14 … somebody had to raise all the brothers and sisters.”

Israel ended his speech by saying that thousands of people used to gather and commemorate the train crash but with time people forget about things. But, he said, the community should never forget.

Alicia and Rose Mary Ramon pause to pay their respects at the historical marker commemorating the 1940 Alamo train crash on Friday, March 14, 2025, in Alamo. (Delcia Lopez | [email protected])

“Every time I pass a train or a railroad, I still get chills,” he said.

Israel’s brother, Roberto Jose Ramon, shared his thoughts after placing a rose on the historical landmark where the tragedy took place.

“I feel grateful, I feel proud,” Roberto said. “I feel very emotional when you hear those stories told, you know, just makes you teary-eyed. Just remembering what all they went through, and what a tragedy it was but our commitment, or our part in it, was to understand that regardless of what happens in life, we have to move forward. We have to press on. We have to try and better ourselves and continue to provide a future for our children, grandchildren.”

Roberto said this is his first time attending the ceremony but he plans on making it every year from now to keep the memory of the past alive.

“It was always an emotional topic, because my dad was a very emotional type of person, and any mention of the tragedy would always be really tough on him,” he said. “So … there was other things that maybe he could have shared, but chose not to, just was too hard for him to try and bring it back to life.”

Roberto said he emphasizes the tragedy to his children to give them a better understanding of their family history, their roots and to be proud of where they came from.

Source: https://myrgv.com/local-news/2025/03/18/85th-anniversary-of-the-deadly-1940-alamo-train-crash-remembered/

Street racing can lead to serious injury or death

Street racing is an illegal and dangerous activity. When drivers race each other on public streets, they greatly reduce their response time and increase the chances of losing control of their vehicles.

Catastrophic accidents can occur, resulting in severe injuries or even fatalities. Street racing also puts innocent bystanders, pedestrians, and other motorists at risk.

According to the National Highway Traffic Safety Administration (NHTSA), almost one-third of traffic fatalities in the United States are speed-related crashes. Street racing itself is responsible for an estimated 150 fatalities annually.

In the news story below, a suspected street racer is facing the possibility of criminal charges stemming from a possible street racing crash. They include driving while intoxicated (DWI), and intoxication assault due to injuries sustained by a passenger in his vehicle.

A conviction on these charges can carry serious legal consequences, including fines, license suspension, and even imprisonment. Victims can also seek personal injury compensation from any defendant who contributed to their injuries.

Contact J. Gonzalez

If you or a loved one was injured in a collision because of the negligence of another, contact the J. Gonzalez Law Firm to discuss your legal rights. Our team of personal injury attorneys will fight for the full compensation that you deserve.

The J. Gonzalez Law Firm offers a free consultation. We have been successfully representing residents of Texas for decades. You will pay nothing up front and no attorney fees at all unless we recover damages for you. Contact us today via this website or by calling 1-800-CAR-CRASH.

Woman survives after being ejected from vehicle

By: Benjamin Treviño

EDINBURG – An Edinburg woman escaped serious injury in a crash despite being ejected from a vehicle. The crash happened about 3:12 a.m. March 16.

According to Edinburg Police, 22-year-old Faith Gonzalez was a passenger in a 1992 Mustang being driven by 21-year-old Juan Carlos Contreras. The car rolled over in the 1800 block of North Sugar Road, and police are investigating whether the rollover occurred as a result of a street race with another vehicle.

Contreras and Gonzalez were both hospitalized with non-life-threatening injuries. Police said Contreras is facing charges of DWI and intoxication assault pending his release from the hospital. Authorities are also investigating a potential second vehicle involved in the incident.

The Edinburg Police Department is encouraging anyone with information to contact the department at (956) 289-7700.

Source: https://myrgv.com/alerts-mcm/2025/03/16/woman-ejected-in-edinburg-drunk-driving-crash-street-racing-may-be-factor/

(PHARR) – The Pharr Police Department is investigating a May 22 crash that killed 26-year-old Jesus Flores.

According to a police department news release, the accident happened about 11:45 p.m. at the intersection of North Jackson Road and West Eldora Road at about 11:45 p.m.

“The preliminary investigation reveals that the vehicle was traveling northbound on Jackson Road, and the motorcycle was traveling south on Jackson Road,” the release read. “The female driver of the vehicle took a left turn heading west on Fern Avenue, into the City of McAllen, and collided with the motorcycle traveling southbound.”

Hidalgo County Precinct 5 Justice of the Peace Jason Peña pronounced Flores dead at the scene. Flores was wearing a helmet, police said.

“The unidentified female driver of the vehicle, age 27, remained on location and is cooperating with the investigation,” the release added. “She is currently not facing any charges.”

Police do not believe that drugs or alcohol were a factor in the crash.

What to do after a motorcycle accident

If you or a loved one is involved in a motorcycle accident, the actions taken immediately afterward could have a big impact on a personal injury case. It’s important to keep these general guidelines in mind:

Stay at the scene

Unless you are immediately transported to a hospital due to your injuries, stay at the scene of the accident. Call the police and ask the responding officer to write a police report.

Gather information

These are the key data points you should try to obtain. Get the other driver’s name, address, phone number, driver’s license number, and license plate number. You should also ask for the driver’s insurance provider, and policy number.

If any eyewitnesses were present, get their contact information. You can have them record a brief statement describing what they saw.

Don’t say anything

Don’t say anything at the scene of the accident other than what’s necessary to get the information mentioned above. Don’t talk about the accident, apologize, or discuss what injuries you may or may not have suffered.

Seek medical attention

Make you get a medical evaluation even if you don’t feel like you need attention. Many injuries aren’t readily apparent at the time of an accident, and the fact that you checked in with a doctor will go a long way in supporting any future injury claims.

Keep a folder with copies of all your medical bills and property damage. In addition, keep a journal that tracks how you feel on a day-to-day basis. This journal could help support your claim for pain and suffering.

Hire a motorcycle lawyer

Demonstrating fault in motorcycle cases can be challenging. If you’re looking to file a claim, the smart thing to do is to retain counsel. Initial consultations at the J. Gonzalez Law Firm are free, so call today at 1-800-CAR CRASH.

Source: https://myrgv.com/local-news/2025/03/14/progreso-woman-accused-in-fatal-motorcycle-crash-in-pharr-ran-red-light/

How is liability determined in multi-vehicle crashes in Texas?

A recent horrific crash involving multiple cars in Austin raises the question of determining fault in such accidents. Even though one person has been arrested and accused of causing the chain-reaction crash, further investigation might show that multiple drivers may be partially liable.

The investigation

Determining liability in a crash involving several vehicles can be very difficult. Generally speaking, the driver who caused the first accident which triggered a multi-car pileup is considered to have caused all of the subsequent crashes. However, every driver has a duty of care to other motorists on the road. In some cases, other drivers can contribute to a multiple-vehicle crash by speeding, driving too fast for the weather conditions, being tired, or distracted.

This is why attorneys and insurance carriers will sometimes employ accident reconstruction experts to help them understand how the multi-car crash occurred and who is at fault.

Texas is a Comparative Negligence State

Texas operates with a 51% rule concerning comparative negligence. This means that if an individual is responsible for causing 51% or more of their own injuries, they won’t be able to recover compensation. However, if someone is 50% or less responsible for their incident, they are still in a position to recover compensation. Once investigations are complete, percentages of fault will be assigned to some or all of the drivers involved.

J. Gonzalez can clear the confusion

Confusion is a given when it comes to multi-vehicle accidents. Insurers and defense attorneys may try to shift blame. The person who caused the initial collision might be broke, might be in prison, might not have insurance, or all of the above.

If you have any questions regarding your legal rights in a multiple-car accident, contact J. Gonzalez today for a free consultation. Our expert team of personal injury attorneys are here to help you get your life back on track. You can reach us via this website, or by calling 1-800-CAR-CRASH.

Below you will find more information on the Austin multiple-vehicle crash that has torn apart the lives of more than a dozen families.

Man charged with intoxication manslaughter in fatal 17-vehicle car crash in N. Austin

By: Benjamin Treviño

AUSTIN – Austin police have arrested one man and charged him with five counts of intoxication manslaughter and two charges of intoxication assault in connection with a fatal March 13 multiple-vehicle crash on Interstate Highway 35.

Solomun Weldekeal Araya, 37, is accused of causing the pile up on southbound I-35 near Parmer Lane. The crash killed five people, including an infant and a child, and injured at least a dozen others.

First responders treated 17 patients from 17 different vehicles, including a semi-truck, according to Austin-Travis County Emergency Medical Services, which reported five dead at the scene: one infant, one child and three adults.

“This incident was incredibly chaotic and spread out over about a tenth of a mile,” said Capt. Christa Stedman, a spokesperson for Austin-Travis County EMS.

Eleven other patients were transported to various hospitals, several with critical, life-threatening injuries, indicating the death toll could rise. The names and ages of the victims have not been made public.

Among the patients transported were two adults who were taken to St. David’s Round Rock Medical Center with critical, life-threatening injuries, three adults who were taken to Dell Seton Medical Center, two with critical, life-threatening injuries and one with minor injuries; three children who were taken to Dell Children’s Medical Center: one with potentially life-threatening injuries and two with minor injuries; and three adults who were transported to Seton Medical Center with minor injuries.

Solomun Weldekeal Araya, 37, was booked in the Travis County Jail on Friday, March 14.

The Austin Police Department and the National Transportation Safety Board were still investigating the crash as of this report.

Source: https://www.kxan.com/news/at-least-four-killed-in-multi-vehicle-crash-on-interstate-35-in-north-austin/

Do people who are hurt in an ATV accident have any legal recourse?

As with all personal injury and wrongful death claims, the recovery of damages in an ATV crash hinges on proving fault. In other words, the primary issue is who caused the accident. In the news story below, an ATV driver was killed and his passenger was injured, and this raises some questions on this topic.

Operator fault

If a passenger is injured in an ATV accident, and they believe the driver caused the crash through negligence, the victim can sue the driver or make a claim against their insurance provider.

In order for the claim or lawsuit to be successful, the victim has to establish that the driver (1) had a duty to the victim, (2) breached that duty, (3) the breach caused the accident, and (4) the victim sustained losses and actual damages as a result.

If the driver dies in the accident, the claim or lawsuit would be directed at the deceased person’s estate.

As with car accidents and truck accidents, an ATV accident victim may be able to recover medical expenses, lost income, psychological anguish, property repairs, and pain and suffering.

Manufacturing defects

If it can be determined that the ATV had a manufacturing defect that caused or contributed to the crash, victims might be able to recover compensation for their injuries in a products liability lawsuit. If a victim is killed, his or her immediate family can bring a wrongful death case. Common manufacturing defects include faulty brakes, a defective steering mechanism, and even a defective helmet. In such cases, it may be cause to bring a suit against the manufacturer of the defective product.

Third-party fault

If another vehicle causes the ATV to crash, both riders might be able to bring a successful case against the driver of the other vehicle. If one or both are killed, their immediate family members can sue for damages.

Contact J. Gonzalez

Bringing a successful personal injury or wrongful death case requires the knowledge and advice of an expert attorney. The J. Gonzalez Law Firm has a staff of lawyers who have decades of experience in ATV accidents.

, as well as  a long history of arguing It is unfortunately common for those using ATVs for recreation to drive under the influence of drugs or alcohol, even though many states have made operating an ATV under the influence a criminal offense. If you are operating an ATV under the influence and get injured, it may be more difficult to obtain compensation from another party. However, if you are injured due to negligent actions an ATV driver who is operating under the influence, a criminal conviction for drunk driving can be powerful evidence in a civil personal injury lawsuit.

They know how to compile evidence that can be examined by an expert to determine what or who caused the accident. Contact J. Gonzalez today for a free, no-obligation consultation to determine of you are entitled to compensation in an ATV crash case.

You can reach us via this website, or by calling 1-800-CAR-CRASH.

Harlingen man dies following ATV crash in Santa Maria

By: Benjamin Treviño

SANTA MARIA – A Harlingen man is dead after crashing an ATV into a canal near Santa Maria March 8. According to the Texas Department of Public Safety, 29-year-old Justin Gutierrez was driving an ATV on Bowers Road and FM 2556 with another male passenger.

A preliminary investigation shows Gutierrez and his passenger were traveling westward on Bowers Road and approached a T-intersection with FM 2556. The report states Gutierrez drove through the intersection, sending the ATV airborne over a canal. The vehicle crashed front first on the other side of the canal.

According to the release, neither man was wearing a helmet.

The two riders were transported to Valley Baptist Medical Center with serious bodily injuries. Gutierrez died the following day. The passenger, who was not identified, remained hospitalized.

DPS Troopers continue to investigate the fatal crash.

Source: https://myrgv.com/local-news/2025/03/11/harlingen-man-dies-following-airborne-atv-crash-in-santa-maria/

Edinburg Personal Injury Attorney

J. Gonzalez

Can I sue my brother if I’m injured in a crash due to his negligence?

Yes. You can sue your brother (or any other family member) for personal injury. There is nothing in tort law that says you cannot sue a family member if they cause you physical or mental harm. However, as in any other personal injury case, you must be able to prove that your injuries were the result of the negligence or intentional acts of the defendant. It doesn’t matter if the defendant is your brother.

It is important to carefully consider the potential impact that a lawsuit will have on your family relationship before taking such action.

Key points to remember:

Legally permissible

There is no law preventing you from suing a family member, including your brother, for personal injury.

Auto Insurance

If your brother or any other defendant has auto insurance, the carrier will bear the burden of payment, not the sibling personally.

Consider the consequences

Even so, suing a sibling can significantly strain your family dynamic, so it’s crucial to weigh the potential damage to your relationship against the need for legal action.

Evidence is key

To win a personal injury case against your brother, you’ll need to prove that he was negligent and that his actions directly caused your injuries.

Consult the J. Gonzalez Law Firm

Before taking legal action, you should consider getting a free, no-obligation consultation with a personal injury lawYer at the J. Gonzalez Law Firm. Our expert attorneys will be happy to discuss the details of your case, the likelihood of success, and the potential legal implications.

The news story below is a recent example of two brothers who were injured in a crash in Edinburg. We hope you’ll take time to read it, then call us at 1-800-CAR-CRASH.

Pharr man to face charges for one-vehicle crash

By: Benjamin Treviño

EDINBURG – Edinburg police say a Pharr man is facing a criminal charge as a result of a single-vehicle crash early Sunday morning. The crash left the driver/suspect and his brother hospitalized.

According to a City of Edinburg news release, 22-year-old Ivan Peña will be charged with intoxication assault following his release from the hospital.

Edinburg police say the crash happened about 2:00 a.m. March 3 at the intersection of Colonel Rowe Blvd (2^nd St) and Hobbs Road.

Witnesses told police that a black Dodge pickup truck was swerving erratically as it traveled northward on 2nd St, the release stated. The truck crashed into a stop sign at the intersection of Hobbs Road, police said.

“The vehicle then struck a light pole, veered onto private property, and rolled over, coming to a stop in the 3800 block of Hobbs Street,” the release stated.

Police stated Peña and his brother were injured in the crash, and transported to a hospital. The brother’s name and age were not immediately provided.

Source: https://myrgv.com/alerts-mcm/2025/03/02/pharr-man-charged-in-crash-that-hospitalized-brother/