McAllen man dies in fatal auto-pedestrian crash
by Benjamin Treviño | May 23rd, 2024 | Auto Padestrian, Blog, Pedestrian Accident
A 54-year-old man is dead after being hit by a car early morning hours of May 22 in McAllen. Lt. Joel Morales said Wednesday afternoon that the auto-pedestrian crash happened at approximately 5:32 a.m. in the 500 block of N. 29th Street.
The victim is identified as McAllen resident Juan Carlos Garcia.
Lt. Morales stated that one person is in custody in connection with the incident, but the person’s identity was not immediately released. No charges had been filed as of this writing.
Your legal options if a loved one is killed in an auto-pedestrian accident
If a loved one is killed in an auto-pedestrian accident, immediate family members can seek compensation for a wrongful death claim. Immediate family members include the spouse, a parent, a child of the victim, or by the executor of the decedent’s estate on behalf of one or more of those parties.
Legal options include negotiating a settlement with the at-fault party out of court, or by filing a lawsuit in state district court.
A negotiated settlement starts by contacting the at-fault party’s insurance company. Plaintiffs will submit evidence and documents to establish fault and liability, as well as the value of damages. Evidence can include:
- Police accident reports
- Bills for funeral expenses and other costs
- Hospital and medical records
- Eyewitness testimony
- Photographic or video evidence of the accident or scene
- Expert witnesses, such as medical experts or accident reconstruction experts
If the parties are unable to reach a settlement, the plaintiff(s) have the option to file a lawsuit to pursue recovery in court. As stated above, the plaintiffs will need to provide evidence of liability and fault, as well as evidence of their economic and social losses. Social losses can include:
- Pain and suffering prior to death
- Mental and emotional distress
- Loss of Companionship
- Loss of Consortium
A judge or jury will render a judgment and the amount of damages the plaintiffs can recover.
Call the J. Gonzalez Law Firm
If your loved one has died in a pedestrian accident, the J. Gonzalez Law Firm may be able to help you file a claim to seek recovery. While nothing can replace your loved one, a settlement may allow you to focus on grieving instead of worrying about your financial situation. Contact us today at 1-800-CAR-CRASH.
Source: https://myrgv.com/local-news/2024/05/22/mcallen-man-dies-in-fatal-auto-pedestrian-crash/
