Failure to control speed cited as factor in fatal crash

HIDALGO COUNTY – The Texas Department of Public Safety (DPS) continues its investigation of an August 13 crash near Palmview that left one man dead. According to a DPS news release, the crash happened north of Palmview on La Homa Road at about 6:00 a.m.

The DPS preliminary investigation indicates that a gray 2012 Dodge Durango and a white 2014 Chevrolet Malibu were both traveling south on La Homa Road. The Malibu sedan was trailing the Dodge SUV, according to the report.

“The driver of the Chevrolet failed to control speed and struck the Dodge from behind, veered off the roadway, and struck a light pole,” the news release read.

“The driver of the Dodge was transported to a local hospital with non-life-threatening injuries. The passenger of the Chevrolet was also transported to a local hospital with major injuries,” the statement added.

The deceased driver of the Chevrolet Malibu has been identified as 24-year-old Andres Dias-Diaz of Mission. The other driver was not identified in the initial report, which states that DPS troopers are continuing their investigation into the crash.

Failure to control speed and the issue of negligence

There is a difference between “speeding” and “failure to control speed.” In their simplest terms, “speeding” is an criminal offense for driving in excess of the posted speed limit, while “failure to control speed” is an offense in which the driver was unable to slow down or stop in time to avoid causing a collision.

In addition to driving over the speed limit, the Texas Transportation Code states that a vehicle operator may not drive at a speed “greater than is reasonable and prudent.” This means a driver can be given a ticket even if he or she is driving under the speed limit. Some common examples include:

• Driving too fast on a wet road
• Driving too fast when it’s foggy
• Following another vehicle too closely

Case-by-case basis

Each case is fact-specific. Proving the negligence argument against another driver is not premised solely on whether the driver was speeding (although that is certainly an example of negligence).  A driver can also be found to be negligent if it can be shown that he or she was driving too fast for the conditions of the road at the moment.

Expert legal representation is key

There are many ways to prove that the defendant driver was driving too quickly for the conditions: eyewitness testimony, ECM data (called the “black box” for cars), length of skid marks, and more. The personal injury lawyer’s job is to prove that the other driver’s speed was the proximate cause of your injuries, and that it was a breach of duty to behave as a reasonably-prudent driver.

The J. Gonzalez Law Firm has handled countless car wreck personal injury cases. We’ve been able to prove that our clients were the true victim, even where the defendant’s expensive trial lawyers argued otherwise. We’re here to do the same for you.

If you feel you have been injured due to a negligent driver, contact the J. Gonzalez Law Firm today at 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2023/08/14/mission-man-killed-in-sunday-morning-speed-related-crash/