HIDALGO COUNTY – The Texas Department of Public Safety (DPS) has released the name of a man who was killed March 16 in a two-vehicle crash near Edinburg.
According to DPS Sgt. Maria Hernandez, the victim was 34-year-old Sergio Alejandro Padilla-Luna. Padilla-Luna was killed when his vehicle slammed into the back of another vehicle that had slowed down to make a left turn. Both vehicles were traveling west on FM 1925 when they crashed at the intersection of Tower Road.
The second vehicle, a Dodge Ram Pickup, was occupied by a man, woman, and three children, according to Sgt. Hernandez, but none were transported to a hospital for medical treatment.
Sgt. Hernandez stated that alcohol may have contributed to the crash, but a toxicology report was pending. The crash remained under investigation as of this report.
Toxicology reports and personal injury cases
The admissibility of toxicology reports is a frequent issue in personal injury cases, and the complications involved can raise more problems than they solve.
For example, urine samples can show traces of drugs and alcohol in a person’s system, but those traces can linger from an earlier instance of intoxication that does not correspond with the time of an accident.
If toxicology evidence is deemed admissible in court, which means it has been found to be relevant to the case. As such, it cannot be considered hearsay or prejudicial, and thus it can be used as evidence of drug or alcohol use can be introduced against a defendant in a case.
However, a presumptive positive test result is when a urine test does not present a definitive finding on the status of the substances in a person’s system at the time of the accident. A presumptive positive, therefore, cannot establish a person’s level of impairment when the accident occurred.
These results, in some cases, can be sent off for further testing if that is available or necessary.
Get expert legal advice
If you have been injured in an accident, and you have reason to believe the responsible party was intoxicated when he or she caused your injuries, you need trusted legal counsel to handle your personal injury claim.
The personal injury attorneys at the J. Gonzalez Law Firm have experience in a wide variety of personal injury cases, including ones that involved drug or alcohol abuse by the defendant.
J. Gonzalez attorneys will ensure that reliable and available toxicology reports are presented in your case, and they will put their extensive experience to work for you. Get in touch with J. Gonzalez today via this website, or by calling 1-800-CAR-CRASH.
