BROWNSVILLE — The Texas Department of Public Safety (DPS) reports a Brownsville man was killed in a motorcycle crash on January 29.

A DPS news release said the accident happened around 12:22 a.m. on FM 1732 east of New Carmen Avenue in Brownsville. A preliminary investigation revealed a black/gray 2024 Suzuki motorcycle, operated by a male rider, was traveling east on FM 1732 when it veered off the roadway and struck a utility pole.

The rider, identified as 39-year-old Juan Pablo Oropeza Bellavia, died from his injuries at the scene.

What is the average settlement in a motorcycle accident?

Many people wonder how much compensation they’re likely to get after a motorcycle accident, but because every accident is different, it’s impossible to arrive at an “average” settlement amount. Even if there were possible, it wouldn’t be useful for determining how much a particular person might receive. A Biker who suffered a broken arm and was able to continue working is more likely to have a smaller settlement that one who suffered a traumatic brain injury and had to stop working for months. It all depends on the circumstances.

According to a report for the organization Jury Verdict Research, the median motorcycle injury verdict between 1999 and 2006 was $73,700. The average award for the same period was $561,065. These figures do little more than indicate the wide range of awards.

Contact the J. Gonzalez Law Firm

The personal injury attorneys at the J. Gonzalez Law Firm will take the time to investigate the facts of your case and gather supporting evidence. We will review police reports, speak to witnesses, and examine the accident scene. We will also help you collect medical documentation to prove your injuries and treatment as well as help estimate the bills and costs you’ll have going forward.

When you’re still reeling from an accident it can be hard to focus on all that you need to know to fight for fair compensation. J. Gonzalez can take that burden off your shoulders. Contact us through this website, or by calling 1-800-CAR-CRASH to find out if we can help you get the compensation you legally deserve.

Source: https://www.valleycentral.com/news/local-news/brownsville-man-dies-in-motorcycle-accident/

A car crashed into an Austin hospital emergency room February 13, leaving the driver dead and 11 people inside the hospital injured. Police say the crash happened about 5:30 p.m. at St. David’s North Austin Medical Center.

Surveillance videos showed the car crashing through the emergency room’s glass doorway striking some patients inside as others ran off in panic.

The driver, 57-year-old Michelle Holloway, was extricated from the crashed vehicle, and was given CPR, but she died at the scene, according to Thayer Smith of the Austin Fire Department.

Four victims were transported to other hospitals, including an adult and a child who were in critical condition. One patient was admitted to St. David’s North Austin Medical Center, where the crash occurred. Officials did not give details on their conditions.

Austin-Travis County EMS reported that the remaining six crash victims did not have life-threatening injuries.

Two days after the crash, investigators had still not determined what caused Holloway to crash into the building.

Safety barriers and building crashes

According to the Storefront Safety Council (SSC), at least 60 cars crash into storefronts, restaurants, and other buildings every day in the United States. SSC also says more than 4,000 people are injured and 500 people are killed each year from storefront car crashes.

While many buildings have safety barriers in front of them to prevent these types of crashes, regulations on the barriers are virtually nonexistent. On top of that, there are no federal requirements for stores to have protective barriers in front of their buildings.

28% of building crashes are caused by driver error, with another 28% caused by vehicle malfunctions. Speeding was another factor in these crashes, according to the NTSB.

Modern safety barriers can help prevent car crashes from happening and may protect innocent bystanders from being injured or killed, but it’s important to note that just because a building has no crash barriers in front of it, that doesn’t mean the owner is negligent or liable when a car crashes into it and injures someone. Every case has its own factual circumstances.

Get expert legal advice

If you or someone you know has been injured by an automobile crashing into a building, call the J. Gonzalez law firm. Our team of personal injury attorneys can investigate the facts of your case to determine the best course of action FOR YOU. The initial consultation is free, so call us today at 1-800-CAR-CRASH.

Source: https://www.krgv.com/news/1-person-killed-and-10-injured-when-vehicle-crashes-into-emergency-room-in-austin?fbclid=IwAR3LfiTEj8WkomTDk8IN8d8KTFlkas0t22jecj6hcCSYKnMEToFjvdIslNY

HIDALGO COUNTY — A 57-year-old Weslaco woman is dead after running a stop sign January 25, and crashing into another vehicle. The crash happened at 12:45 p.m.

According to a DPS news release, Josefina Herrera Castillo was driving a brown 2005 Chrysler Town & Country van westward on Chuparosa Street. The report states that Castillo failed to heed a stop sign the intersection of FM 1015 and her vehicle hit a black 2014 GMC Sierra traveling north on FM 1015.

Castillo died at the scene. Her unidentified male passenger was taken to South Texas Health System McAllen where he was listed in critical condition as of this report. The unidentified driver of the other vehicle was transported to Valley Baptist Medical Center in Harlingen for injuries that were described as “not life-threatening.”

The DPS investigation was ongoing as of this writing.

Passenger injuries

Passengers can suffer severe injuries in a collision. According to the Texas Department of Transportation (TxDOT), more than 600 passengers sustained fatal injuries in car accidents in 2020. Passenger injuries can vary depending on where they are seated, and the severity of the crash.

If you were a passenger in a car accident, you should not assume your injuries are minor. You should see a doctor immediately after the accident even if you feel okay. Some injuries can worsen over time.

If you are taken to an emergency room for initial treatment, you are urged to follow up with your primary care physician. You may require ongoing treatment, and the sooner you begin your treatment plan, the better.

The last thing you want is to give an insurance adjuster a reason to undervalue or deny your claim. If you forgo treatment, they might even try to claim that you contributed to your injuries.

Texas lawsuit deadline

Texas law generally allows you two years from the date of the accident to file a personal injury lawsuit. The same timeline applies if you are filing a wrongful death lawsuit. If you do not file your lawsuit in time, the court could dismiss your case. You could lose your last chance to hold a party liable for your losses.

Discuss your case with J. Gonzalez

The personal injury attorneys at the J. Gonzalez Law Firm can help you understand and weigh all your options if you suffered injuries as a passenger in a car accident. We can investigate your case and fight for the full award you deserve. Even if the driver is killed in the crash, you may be able to pursue a claim against the deceased person’s estate.

The expert team at J. Gonzalez Law Firm will investigate your accident, and gather the evidence you’ll need. We can begin with an insurance claim, and settlement negotiations, and if necessary, we will take your case to court.

Contact us today via this website, or by calling 1-800-CAR-CRASH. The initial consultation is free, and you won’t pay anything unless we recover the damages you legally deserve.

Source: https://www.valleycentral.com/news/dps-1-killed-2-hospitalized-in-two-vehicle-crash-near-weslaco/?utm_source=facebook.com&utm_medium=referral&utm_campaign=socialflow&fbclid=IwAR1t06ZyWYW23B738cZlJ0Vw9wWDRjI8rjuv-md0sAegxupp4FUHLsyH_1A

Officials are urging residents in the Starr County town of La Gloria to avoid drinking well water after a tanker truck crashed and spilled a substantial amount of diesel fuel. The truck’s driver was killed in the one-vehicle accident.

According to the Texas Department of Public Safety, a fuel truck driven by 36-year-old Juan Carlos Mendoza Jr. of Donna was traveling west on FM 1017 when it disregarded a stop sign at the road’s T-intersection with FM 755.

DPS Sgt. Maria Hernandez said the vehicle proceeded through the intersection, struck a fence and a tree, which prevented the truck from hitting an occupied home. Mendoza, however, died at the scene from his injuries, according to Hernandez. The crash happened about midnight on the morning of January 24.

The Texas Department of Transportation has stated that the fuel truck’s tank spilled nearly 4,000 gallons of diesel, and a hazmat crew was dispatched to the scene. La Gloria is located about 31 miles north of Rio Grande City.

The fuel spill prompted the Starr County Emergency Management Office to issue a well water warning to residents living in the area. The emergency notice urged residents not to consume water from their “natural resources” until further notice. The warning was still in effect as of this writing.

Water contamination lawsuits

A water contamination lawsuit begins with an investigation. What contaminants are involved? When did they enter the water supply? What effect have they had on you?

The next step is to identify the liable parties. Plaintiffs may be able to sue a retail business, a trucking company, or any government agencies responsible for overseeing such entities.

In order to achieve the above steps, plaintiffs will need the expertise of a qualified law firm who can then build a case on their behalf.

Financial recovery

Plaintiffs must initiate a case within two years of when an injury occurred, according to Texas law. Plaintiffs could get financial recovery in different ways:

· Accept a settlement offer from the liable party’s insurance company

· Negotiate a settlement from the liable party’s insurance company

· Take the liable party to court and persuading a jury to award financial recovery

Contact J. Gonzalez

The J. Gonzalez Law Firm is dedicated to making Texas a safer place for everyone, by standing up for Texans who have been wronged by a personal injury. If you are considering filing a water contamination

lawsuit, we want to listen to your story. For a free case evaluation, contact our office today via this website, or by calling 1-800-CAR-CRASH. We are anxious to let you know what our attorneys can do for you.

Source: https://www.krgv.com/news/starr-county-residents-urged-to-avoid-drinking-water-after-semitrailer-crash-spills-diesel

WILLACY COUNTY – A 61-year-old Mission man died January 23 in a single-vehicle semi crash in Willacy County.

The Texas Department of Public Safety stated via news release that the crash happened at 5:22 a.m. on U.S. 77 north of FM 1017.

The driver of the SAIA Motor Freight Line truck, Alejandro Del Bosque Jr., was traveling south when he lost control of his rig for unknown reasons, and the vehicle plummeted from the overpass.

Del Bosque died at the scene. DPS was investigating the cause of the crash as of this writing.

Who is liable for a single-vehicle accident?

Many people assume that a single-vehicle accident is always the fault of the driver. While that may be the case in many one-vehicle crashes, it is only an assumption, as there could be other people, or entities, that may have caused or contributed to the accident.

Another driver could be found liable if their reckless actions or traffic law violation caused another vehicle to crash.

A trucking company could be held liable if unsecured cargo falls from one of its trucks and either hits another vehicle or causes another driver to lose control and crash. It could also be held liable if the vehicle the victim was driving was faulty in some way.

A government agency could be blamed for an accident if it failed to correct a hazardous condition, such as replacing a missing warning sign.

It’s also possible that no one was at fault, such as in accidents that occur as a result of hitting a deer, and accidents caused by bad weather.

Proving any of the above scenarios can be difficult, especially cases in which the crash victim dies, and there were no witnesses to the crash.

J. Gonzalez is your best ally

Because there are so many factors at play in dealing with a single-vehicle accident, we recommend you contact the J. Gonzalez Law Firm. Our team of professional personal injury attorneys can help investigate the accident, navigate the insurance claim, or file a lawsuit in court if it becomes necessary.

Family members whose loved has died in a one-vehicle accident can contact us via this website, or by calling 1-800-CAR-CRASH. The consultation is free, and you pay no money unless J. Gonzalez gets you the compensation you deserve.

Source: https://myrgv.com/local-news/2024/01/23/mission-man-killed-after-losing-control-of-semi-falls-from-overpass-in-willacy-county/#google_vignette

A Mission man died in the hospital January 13 after being struck by a vehicle while he was riding his motorcycle in Palmview the night before.

The victim is identified as 24 year old Isaiah Angelo Torres of Mission. According to the Texas Department of Public Safety (DPS), Torres was riding his black Yamaha motorcycle north on La Homa Road at around 10:22 p.m. January 12 when a red Chevrolet Cruze crashed into the bike.

Torres was approaching the Chevy in the left lane at the time. The Chevy, which was occupied by a male driver and passenger, was also heading northbound on the center turning lane of La Homa Road and was nearing West Mile 4 Road when it tried to make an “unsafe” right turn onto a private drive east of La Homa.

“The driver of the Chevrolet then turned into the left lane and collided with the Yamaha,” DPS said in the release.

The Chevy’s occupants were transported to Rio Grande Regional Hospital in McAllen with non-life-threatening injuries while Torres was airlifted to DHR Health in Edinburg for surgery.

He had been in critical but stable condition until Saturday, when he was pronounced dead at the hospital, according to DPS.

Troopers said they are continuing their investigation.

Do I have a legal claim if the at-fault driver is not cited?

A traffic citation can be strong evidence that the other driver’s negligence caused your accident, but it is not the only evidence that can show fault. Injured parties can still pursue a personal injury claim to cover the cost of damages even if the other driver was not cited after the accident.

A traffic ticket is just one example of direct evidence of fault. Other forms of direct evidence include the at-fault driver’s statement admitting he or she caused the accident, or one of the at-fault driver’s passengers admitting that the driver was speeding or recklessly operating their motor vehicle.

If there is no direct evidence of fault in your particular case, an astute personal injury attorney may be able to find circumstantial evidence to show negligence or recklessness. Examples of this include:

• The position of the vehicles at the time of the accident
• Traffic conditions
• Damage patterns on the vehicles
• Damage to other property
• Weather and time of day
• Skid marks
• Witness statements
• Photographs
• Impairment due to alcohol or drugs

Contact J. Gonzalez

The personal injury attorneys at the J. Gonzalez Law Firm are experts at poring through traffic accident evidence. Quite often they are able to find and consolidate small pieces of circumstantial evidence to build a solid case against the at-fault driver.

If you have been injured in a car accident, you may be entitled to compensation even if the other driver was not issued a citation in the crash. For more information about whether you have a personal injury claim, contact the J. Gonzalez Law Firm today via this website, or by calling 1-800-CAR-CRASH.

Your initial consultation is free, and we don’t charge attorney’s fee unless we win your case!

Source: https://myrgv.com/local-news/2024/01/14/mission-motorcyclist-24-dies-in-hospital-after-being-struck-by-car/

LOS FRESNOS — A man who was riding his bicycle is in critical condition after being hit by a car January 10 in Los Fresnos.

According to a Los Fresnos Police Department news release, the man was riding north on FM 803 when he was struck by an SUV shortly before 6:00 p.m. The collision happened in front of the Los Fresnos United 9^th and 10^th Grade Campus, according to police.

The statement indicated that the driver of the SUV did stop to render aid. The cyclist was transported to a local hospital, and at last report he was in critical condition. The names of the victim and the driver had not been released as of this writing.

The investigation was still ongoing at the time of this report.

Auto-Bicycle accident liability

Under Texas law, bicyclists are expected to follow most of the same rules of the road as automobile drivers do. Additionally, there are regulations specifically applied to cyclists. Under these rules, cyclists must:

• ride in designated bike lanes or on the far right-hand side of the road
• use hand signals to announce turns and stops
• use only bicycles with the required lights and reflectors when riding at night
• obey local ordinances governing bicycles on sidewalks
• not carry another person while cycling

Cyclists can still qualify for compensation even if partly to blame

Texas has a modified comparative negligence law in personal injury cases. That means a cyclist must be less than 51 percent responsible for the collision in order to be eligible for compensation. Any award or judgment will reflect the rider’s percentage of culpability.

Get legal advice

Establishing liability in these cases is often complex, which is why you should contact the personal injury lawyers at the J. Gonzalez Law Firm. They have years of experience handling bicycle personal injury cases, so they know if qualify for compensation and what it will take to win your case.

Remember, cyclists have a legal right to pursue available compensation even if they are partly to blame for an accident, and regardless of any criminal charges brought against the driver. Seeking recoverable compensation is a separate, civil action. Texas statutes allow you two years from the date of the accident to file a personal injury lawsuit.

So call the J. Gonzalez Law Firm today at 1-800-CAR CRASH, or set up an appointment via this website.

Source: https://www.valleycentral.com/news/local-news/bicyclist-in-critical-condition-hit-by-car-in-front-of-los-fresnos-united/?utm_campaign=socialflow&utm_source=facebook.com&utm_medium=referral&fbclid=IwAR2C1ZNYbx2jGp1FRNEecviwdtmPqCdZ5X-ZSih7dLlIBMKnJlfV3MsC9hc

HIDALGO COUNTY – A truck driver was crushed to death while picking up a load of gravel near La Joya in western Hidalgo County, officials say. Deputies with the Hidalgo County Sheriff’s Office responded to a call about a workplace accident at a gravel pit outside the town of La Joya at about 5 a.m. Tuesday, Jan. 2.

According to a sheriff’s office news release, when deputies arrived at the pit, they found the driver dead inside the cab of a big rig, which was crushed, the sheriff’s office said. La Joya Fire Chief Leroy Salinas told KGRV that the driver was stopped near the pit when the vehicle fell into it with the driver still inside the cab.

The weight of the gravel may have been too heavy for the trailer, Salinas said, calling the death a “freak accident.”

A justice of the peace has ordered an autopsy, the sheriff’s office said. An investigation is underway and the sheriff’s office has asked federal workplace safety officials to assist.

Workplace wrongful death claims in Texas different from other states

Most states require employers to have workers’ compensation, but in Texas, many large employers do not legally carry it. Consequently, if your employer has no Texas Workers’ Compensation Coverage or their own Occupation Injury Plan, the employer can still be sued if they are negligent in causing the injury or death.  If they do carry Texas Workers’ Compensation, they are generally protected from a lawsuit even if they are negligent.

However, there is an exception:

If an employee is killed by the gross negligence of their employer then their spouse and children can sue and collect punitive damages.  This is because the Texas Constitution specifically allows such lawsuits.

Gross negligence is more than just negligence.  To win this type of lawsuit your lawyer must prove by “clear and convincing evidence” that:

(A) the employer was aware of an “extreme degree of risk and magnitude of the potential harm to others,” and

(B) the employer nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others.

Surviving family members should always remember that, besides the employer, they could still have a claim against any third-parties who were not their employer and were negligent in causing their injury.

Contact J. Gonzalez

If you want to file wrongful death claims in employment in Texas on behalf of your family member, you should speak to the J. Gonzalez Law Firm as soon as possible. Wrongful death cases can be quite complex, and it’s important to have someone knowledgeable and experienced on your side.

Our personal injury attorneys will know how much your claim is truly worth. We will assess several aspects of your case, such as funeral costs, medical expenses and loss of source of earnings, before coming up with an accurate figure.

The J. Gonzalez Law Firm can also help you save a lot of stress during this difficult time. When you’re grieving over the death of someone you loved, the last thing you should have to worry about is a lawsuit. Contact us today via this website, or by calling 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2024/01/02/truck-driver-killed-in-gravel-loading-accident-near-la-joya/

McALLEN — McAllen police report two men died in a December 29 car crash. According to a news release, the single-vehicle crash happened at 2:05 a.m. at the intersection of Pecan Ave. and 12^th St.

The police report states that 22-year-old Daniel Guadalupe Saenz of McAllen was driving west on Pecan when he apparently lost control of his vehicle at 12^th and crashed into a utility pole.

Saenz and a passenger identified as 40-year-old Nathan Gower Schwarz of Pharr were transported to a local hospital where they died from their injuries.

At last report, the cause of the accident was still under investigation.

When a defendant dies before a personal injury case is resolved

When a defendant dies before a personal injury lawsuit is filed, the next proper defendant would be the estate of the deceased. This applies whether the person died during the accident, or subsequent to and unrelated to the wreck.

If a Probate action in the dead person’s estate is already pending, then the plaintiff has the choice of intervening in that probate action, or filing a separate civil action along with a suggestion of death and a motion for scire facias.

A scire facias is a judicial writ requiring a person to appear in court and argue why a judgment against them shouldn’t be annulled, vacated, or executed.

According to Texas Rule of Civil Procedure 153: “Where the defendant shall die, upon the suggestion of death being entered of record in open court, or upon petition of the plaintiff, the clerk shall issue a scire facias for the administrator or executor or heir requiring him to appear and defend the suit and upon the return of such service, the suit shall proceed against such administrator or executor or heir.”

Once a suggestion of death is entered the Court is obligated to issue a scire facias to make the administrator or executor of the defendant’s estate answer and defend the lawsuit.

Depending upon which probate court the probate action is pending in, the Plaintiff’s lawyer may choose to intervene therein. If so, then the case proceeds forward in that court just as any other civil personal injury trial. If there is no probate pending, the plaintiff’s lawyer may choose to bring forced probate of the case or they may proceed with a separate civil action and file a motion for scire facias substitution.

Get expert legal representation

Identifying the proper party is critical to your case. Failure to identify, sue, and serve the proper party in a timely manner can result in the case being dismissed and forever barred. A qualified personal injury attorney should always be consulted before taking legal actions of any sort. The J. Gonzalez Law Firm has successful experience with highly-complicated personal injury lawsuits. Call us today at 1-800-CAR-CRASH If you would like a free consultation. You can also contact us via this website.

Source: https://www.valleycentral.com/news/local-news/2-dead-in-early-morning-mcallen-car-accident/?utm_source=facebook.com&utm_medium=referral&utm_campaign=socialflow&fbclid=IwAR1GhWeFIXVDqXgcMxJo2CSIeIzrvtP0FXvt7b93ncjaJt2NrQrqxh3mSCs

HIDALGO COUNTY – A 37-year-old Donna man who allegedly caused a fatal crash while fleeing police has pleaded not guilty to charges contained in a six-count indictment.

Jose Guadalupe Padilla, who was indicted on October 31, 2023, is charged with:

• Murder
• Evading arrest causing serious bodily injury
• Evading arrest or detention causing death
• Intoxication manslaughter with a vehicle
• Intoxication assault with a vehicle causing serious bodily injury, and
• Driving while intoxicated.

Padilla was arraigned on Monday, December 25.

The charges stem from an August 21, 2023 crash at the intersection of Victoria Road and U.S. Business 83 that killed Erick Alberto Juarez and injured Martha Valencia. Padilla was allegedly fleeing from police after a Weslaco resident reported that Padilla was knocking on his window “holding an unknown object in his hand.”

Padilla remains incarcerated in the Hidalgo County Adult Detention Center pending trial.

Personal injury cases connected to criminal cases

If a defendant is arrested on a criminal charge related to a crash in which you were hurt, you may wonder how that might impact a corresponding injury case. In this situation, you will definitely want to work with an experienced personal injury attorney who can explain the complexities of your case.

Can I bring a civil case If there’s a criminal case?

A pending criminal case does not prevent a victim from bringing a personal injury case. The civil and criminal proceedings can proceed independently.

Criminal cases usually resolve sooner than the civil personal injury case, and if the defendant makes statements in the criminal matter, you can possible use the testimony to your advantage in the civil case.

The criminal suspect might not be the only liable party

In the above-mentioned news story, it might initially appear that the defendant bears all the blame for the fatal accident, but other parties might be at fault as well.

Police officers might be partly to blame if they violated department policy on vehicle pursuits. If traffic lights or signage were not present or malfunctioned, the governing road authority might share blame. If the brakes on the victim’s vehicle did not function properly, the manufacturer might also face liability. In short, there are many things to be considered.

Call the J. Gonzalez Law Firm

If you’re hurt in a personal injury accident that also involves a criminal matter, it’s important not to assume that a criminal matter will successfully resolve the case. An experienced personal injury attorney like the ones at the J. Gonzalez Law Firm can help you evaluate your case to determine how a criminal matter might impact your personal injury claim.

You can get started by contacting us today via this website, or by calling 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2023/12/14/donna-man-who-caused-fatal-crash-during-pursuit-indicted-arraigned/?fbclid=IwAR2CgtPbq5hyy7fFhbN2Yi4HFR5tzSV73SQn7L7VkUNQLQS3EzUCt3_7QGs#google_vignette