DPS: Los Fresnos man dies in one-vehicle crash
by Benjamin Treviño | December 22nd, 2022 | Auto Accident, Fatal Crash
The Texas Department of Public Safety (DPS) reports a 68-year-old driver died after his car plunged into an empty canal in Los Fresnos. The victim is identified as Los Fresnos resident Alfredo Escalante.
According to a news release, the incident happened December 19 on FM 1575 at about 10:24 a.m. The report states that Escalante was driving south when, for unknown reasons, he lost control of his vehicle and it plunged into the dry waterway.
The release added that Escalante was not wearing his seat belt, and that he struck the windshield upon impact. The cause of the crash remains under investigation, DPS said.
How failure to wear a seat belt could impact your accident claim
In Texas, every driver and every passenger in a vehicle must wear a seat belt. Furthermore, children under eight years of age must be placed in an appropriate child safety seat, or booster seat.
Not only is it necessary to comply with Texas motor vehicle laws, but failure to wear a seat belt could also impact the ability to recover compensation after the accident.
In Texas, drivers who are hurt in a car accident have the right to file an insurance claim or lawsuit against the motorist responsible for the collision. Through a car accident claim, you could recover compensation for medical expenses, property damage, pain and suffering, and many other losses.
However, if you were not wearing a seat belt at the time of the accident, you could encounter challenges to your claim. The insurance company will likely contend that you are partially liable for your injuries, because you didn’t comply with Texas seat belt laws. The at-fault driver’s attorney could ask the court to reduce your award during a lawsuit, citing Texas’ comparative negligence rules.
Do I need an attorney for my case?
Yes. You need an attorney who can advocate for your interests and fight for your right to the maximum compensation allowed under the law. Contact the personal injury attorneys at the J. Gonzalez Law Firm if you believe you were hurt due to someone else’s negligence. Our consultation is free, and if we take your case, you pay nothing unless and until we win your case. So call today at 1-800-CAR CRASH.
