Double fatality near Edinburg
by Benjamin Treviño | July 7th, 2023 | Blog
EDINBURG – Two Edinburg men were killed, and six people were injured when two vehicles crashed July 2 near Edinburg, state troopers said in a news release.
The two victims are identified as 41-year-old Domingo Rodriguez, and Mateo Guzman Lopez (age unknown). Both men were Edinburg residents.
According to a DPS news release, Rodriguez was driving south on Kenyon Road at around 7:20 p.m. when he “failed to yield the right-of-way at a stop sign” at the intersection of FM 2812. The report states the vehicle was struck by an eastbound Chevrolet Suburban, killing Rodriguez and his passenger.
The driver of the Suburban and five passengers were taken to a hospital with “non-life-threatening injuries.”
DPS Troopers are still investigating the details of the crash.
Do I still have a claim if the at-fault driver dies?
Claims for compensation are based on whether someone else’s negligence directly resulted in your damages. Therefore, it’s generally not relevant to the claim whether the negligent party lived or died.
Like most other states, Texas is an at-fault state, which means that every driver is required to carry liability insurance in case of an accident. When that person causes a crash, the injured party may then file a claim for compensation with the liable party’s insurance company, which should kick off a process of negotiation to reach a settlement agreement.
When the parties cannot agree on a settlement, a lawsuit may be necessary.
Filing a lawsuit against a deceased driver
In cases when the at-fault driver dies, the lawsuit would then be filed against the decedent’s estate. This is where the issue gets more complicated. The liability insurance company would still defend the case and be the one that pays the damages, so long as there is enough insurance to cover those costs.
If there isn’t enough insurance to cover the costs of damages, the decedent’s estate may need to pay out the difference. To get the estate to pay usually requires a process called probate, where a court recognizes a person’s death and makes payments of the person’s debts.
Gonzalez is prepared to help
Our attorneys are prepared to help you file a claim through probate court so you may recover the compensation you need, even from a deceased driver’s estate. But the first step is to gather the facts of the case.
The J. Gonzalez Law Firm offers a free, no-obligation consultation to determine whether or not you have a possible case. If we agree to represent your case, you pay us nothing unless we win your case. Call us today at 1-800-CAR-CRASH to get the compensation you deserve!