Border Patrol employee killed in Hidalgo County crash

HIDALGO COUNTY – A Border Patrol processing coordinator was killed November 1 after the transport van he was riding in was hit head-on by another vehicle. That’s according to Texas Department of Transportation spokesperson Sgt. Maria Hernandez.

Hernandez told the news media that the crash occurred at around 8:46 p.m. on U.S. 281 Military Highway east of FM 493 south of Donna in Hidalgo County. According to Hernandez, 21-year-old Jose Martin Rodriguez Lua of Brownsville was riding in a U.S. Border Patrol transport van being driven by an unidentified male.

The van was traveling east on U.S. 281 Military Highway when it was struck head-on by a Ford-150 traveling west on the wrong side of the road. The unidentified driver of the truck was also killed in the crash. The driver of the transport van was taken to a local hospital where he was treated for his injuries and released.

The crash was still under investigation as of this writing.

Death of tort defendant

If a personal injury defendant dies in a Texas car crash, the plaintiff can still pursue a lawsuit, but they must file the claim against the deceased defendant’s estate. That means the legal action would proceed against the personal representative of the estate instead of the deceased individual directly. This requires a formal substitution of parties in court to replace the defendant with their estate representative.

In Texas, immediate family includes the spouse, children, or parent of the victim.

Key points:

When naming an estate as defendant:

· It is up to the plaintiff ensure the lawsuit names the estate as the defendant

· The plaintiff must also identify and serve the legal documents on the executor or personal representative of the estate.

While the defendant’s death may cause a delay, it usually does not stop the lawsuit from moving forward. Depending on the jurisdiction, there may be specific procedures to follow when substituting the deceased defendant with their estate.

Contact J. Gonzalez

Wrongful death lawsuits can carry legal complexities that are best handled by having the very best personal injury attorney on your side.

J. Gonzalez and his team of expert personal injury lawyers have years of experience of winning even the most-complicated lawsuits imaginable. The have helped recover millions of dollars in settlements for families who were trying to heal following the death of a family loved one. Contact us today via this website, or by calling 1-800-CAR-CRASH.

Source: https://www.krgv.com/news/dps-border-patrol-employee-killed-in-two-vehicle-crash-in-hidalgo-county