LA FERIA — La Feria police have identified a man who was killed in an August 1 auto-pedestrian accident, according to a report by ValleyCentral.
The incident occurred at the intersection of Expressway 83 and FM 733 near Kansas City Road.
La Feria Police Department Investigator Ramon Tello told ValleyCentral that the driver who hit the man on the expressway called 911, stopped, and rendered aid.
The victim was identified as 60-year-old, Mercedes resident Gregorio Gonzalez.
La Feria Police Chief Cesar Diaz told ValleyCentral that the man was on the fast lane of the expressway when he was hit. Police added that Gonzalez was walking home at the time of the crash.
The crash was ruled an accident. A toxicology report has been ordered, according to the news outlet.
Auto-pedestrian victims may be entitled to compensation for a car accident in Texas even when the victim is found to be partly at fault. The same applies to immediate family members in cases where the victim is killed.
Texas Comparative Negligence
Texas follows a specific type of comparative negligence doctrine known as the modified comparative fault 51% Bar Rule. It is also known as proportionate responsibility. Under this law:
- Pedestrians who are partly to blame for causing an auto-pedestrian accident can recover damages as long as they’re 50% or less at fault for the accident.
- If crash victims are 51% or more at fault, they won’t be able to recover compensation under Texas law.
- When a partially at-fault victim is awarded compensation, the compensation is typically reduced by the same amount as their percentage of fault.
Protect your rights
It’s important to remember that initial fault determinations aren’t always correct. Police, insurance companies, and others can make mistakes. Incorrect conclusions can occur when certain evidence isn’t available, such as the results of a blood/alcohol test. Vehicle maintenance records and commercial driver’s license credentials can also be delayed and these can be key pieces of evidence when determining percentage of fault.
It’s only prudent that victims retain a qualified personal injury attorney who will make sure the investigation into the accident is thorough and conclusive. Don’t rely on someone else’s word on a fault determination. Opposing parties such as an insurance company will be trying to place as much of the blame on the victim as they possibly can in order to save themselves money.
The J. Gonzalez Law Firm has decades of experience protecting the rights of crash victims, so they know how to push back against wrongful fault determinations. J. Gonzalez and his team can preserve the value of your claim, and they will fight for you until you recover a full and fair compensation. Contact us today via this website, or by calling 1-800-CAR-CRASH to see if we can go to work for you.
Source: https://www.valleycentral.com/news/local-news/man-killed-in-auto-pedestrian-crash-in-la-feria/
