One dead, two critically injured in rollover crash

HIDALGO COUNTY – The Texas Department of Public Safety reports one person died and two others critically injured in a rollover vehicle crash north of Donna. The crash happened December 22 at approximately 7:00 a.m. on Goolie Road north of Eldora Rd.

In a news release, Texas DPS said its preliminary investigation revealed a 2017 gray GMC Acadia occupied by two men and one woman was traveling northbound on Goolie Road at a high rate of speed.

“For unknown reasons,” the release stated, “(the GMC) veered off the roadway towards the east side and rolled over, ejecting two passengers,” the release stated. The Texas DPS statement says the occupants were not wearing safety belts.

The agency said all three people were transported to a local hospital in critical condition, where one person later died of his injuries. DPS identified the victim as 27-year-old Luis Orlando Martinez of Weslaco.

The crash was still under further investigation at this writing.

Will not wearing a seat belt hurt my personal injury case?

The use of a seatbelt is usually irrelevant in a personal injury case. However, this is not to say that an insurance adjuster will not try to use this against you in negotiations. Still, if a case goes to trial, it is unlikely that the evidence of whether or not you were wearing a seatbelt will come into play.

Contributory Negligence

An insurance company’s or defendant’s attorney may attempt to introduce evidence demonstrating the injured plaintiff’s “contributory negligence.” However, negligent actions that merely increase or add to the extent of loss or injury caused by someone else’s negligence do not constitute contributory negligence that precludes a person from recovering from a defendant.

The argument of Failure to Mitigate

Many insurance or defense lawyers will try to argue that the injured person “failed to mitigate” their damages by not wearing a seatbelt. This means you did not make an effort to keep your damages to a minimum (which is usually required – you can’t just sit back and let your damages run amok if you have some control over the costs).

However, when it comes to failing to wear a seatbelt, Texas courts have rejected this argument. A failure to mitigate defense does not allow for conduct that occurred prior to the defendant’s wrongful behavior. The failure to wear a seatbelt occurs prior to the defendant’s wrongful conduct, which causes the accident. In other words, a person cannot prevent damages from occurring. As a result, no seatbelt cases are not eligible for this defense.

Contact J. Gonzalez

The best way to ensure you are not denied the personal injury settlement you legally deserve is to have the best personal injury attorney representing your case. The personal injury attorneys at the J. Gonzalez Law Firm are second to none at representing their clients’ rights when it comes to negotiations with insurance companies as well as in court if that becomes necessary.

If you are searching for the best car accident lawyer in Texas, you owe it to yourself to contact the J. Gonzalez Law Firm to discuss your case. The initial consultation is free, and you pay nothing unless we win your case. Contact us via this website or by calling 1-800-CAR-CRASH today.

Source: https://myrgv.com/featured/2024/12/22/one-dead-two-in-critical-condition-following-donna-crash/