KENDALL COUNTY – Five people were killed in a June 19 crash northwest of San Antonio, officials said. According to the Kendall County Sheriff’s Office, the collision happened about 7:30 a.m. in the 900 block of Highway 87 North.
The Texas Department of Public Safety (DPS) is leading the investigation into the crash, and according to a preliminary report, a white vehicle with four men inside was traveling northbound on Highway 87, and one man was driving his black vehicle southbound.
According to DPS, the white vehicle passed in a no-passing zone and collided head-on with the black vehicle near the center of the highway.
DPS has identified the victims as:
Nelson Rivera-Aguilar, 32
Orlando Machorro-Ramos, 16
Jose Gonzalez-Galvez, 30
Kevin Portillo, 28
Nathan Malosh, 32
The complete facts in the accident outlined above are still not known, but the incident does raise an important question.
Can I file a car accident case if the at-fault driver also died in the crash?
The answer is yes, but the process will likely be more complicated if the defendant in your case has died. The same is true whether the defendant died in the crash or after the crash but before the case is settled.
An experienced car accident attorney like J. Gonzalez can guide you through the legal process and ensure your rights stay protected, so you get a fair settlement for your claim.
Settlement through an insurance policy
The deceased driver’s insurance policy may compensate you for any injuries you suffered from the accident. In cases where the defendant’s insurance policy doesn’t cover all the expenses, then your own insurance policy may provide additional compensation under uninsured motorist coverage. Each insurance company and policy may vary by state, and how much coverage was purchased prior to the accident by both parties.
Recovering damages from an estate
An injured party can also file a claim against the estate of the deceased. However, there are specific (and often complicated) steps that will need to be followed.
Probate court will handle all assets of the deceased defendant and any outstanding debts owed by them. The court will settle any debts such as lawsuits and work to get the case settled. If there is a current claim against a person’s estate and they pass during the claim’s process, the estate has to legally notify you of their death. There is a set timeline to file a claim with the probate court.
Contact the J. Gonzalez Law Firm
The J. Gonzalez Law Firm will make sure your case is filed within the necessary timeframe, and will meet all the other legal requirements. If the claim is against the deceased defendant’s estate, J. Gonzalez and his experienced personal injury attorneys will ensure all probate regulations and deadlines are met.
Don’t wait until it is too late. Contact the J. Gonzalez Law Firm for a free consultation. We will provide the best possible representation for your case from the beginning until the end. To set up a confidential appointment, contact us via this website or by calling 1-800-CAR-CRASH.
