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

Three people were taken to a hospital after a Valley Metro bus rolled over on a state highway near the Port of Brownsville.

The crash happened Saturday, December 23, on State Highway 48, according to Texas Department of Public Safety Sgt. Maria Hernandez. No other vehicles were involved in the crash, and it was not immediately known what caused the bus driver to lose control of the vehicle. The operator’s name was not released.

None of the three victims were identified, but news reports indicated they were hospitalized for medical evaluation. The Texas Department of Public Safety reported no major injuries.

A DPS investigation was still pending as of this report.

Bus accident advice

If you should ever be involved in a bus accident, the following steps can give you the best chance at healing, and recovering compensation to put your life back on track.

Remain at the scene/render aid

If you are not seriously injured and it is reasonably safe to do so, remain at the scene and help others. You may need to exit the bus if you see smoke or flames, or if it is in a hazardous position. Try to remain calm and help anyone who needs assistance.

Above all, remain calm, and think about your safety, and the safety of others.

Gather evidence

You can take this step while you’re still at the scene. It could have a significant impact on any resulting court case. Take photos of the scene, vehicles involved, and any visible injuries you have sustained. Get other passengers’ contact information and the information of the bus driver, emergency personnel, and others that arrive on the scene.

Get medical treatment

As a bus passenger or an occupant of another vehicle, you could have experienced whiplash or another injury which may not be immediately apparent. Sometimes it can take hours or days for symptoms to arise, and early medical intervention can help you avoid further injury. Once you’ve seen a doctor, be sure to follow his or her treatment plan.

Keep records

Keep all receipts, bills, notes, and other documents related to the bus accident. Keep them organized and safe. This can help your attorney determine the financial damages you suffered because of the collision. There documents should include visits to your doctor, physical therapy sessions, repairs to your vehicle, and any other accident-related costs. If possible, scan them into a computer or take pictures of them with your cell phone.

Contact J. Gonzalez

The J. Gonzalez Law Firm has a proven track record for recovering damages in all kinds of personal injury cases. J. Gonzalez and his team of expert personal injury attorneys can:

• Maintain communication with the insurance company, the bus company, the police, and other parties.
• Conduct an investigation to determine what caused the accident and who should be held liable.
• Determine the full and fair value of your claim, based on current and future medical bills, lost earnings, emotional trauma, property damage, and more.
• Negotiate a fair settlement or take your case to civil court in order to recover the compensation you deserve.

Contact the J. Gonzalez Law Firm today visit this website or by calling 1-800-CAR-CRASH.

Source: https://www.krgv.com/news/dps-three-hospitalized-after-valley-metro-bus-rolls-over-in-brownsville?fbclid=IwAR3Dz0p9VMoRCuGiyiYriubHPXmnid4rLol-4MQv4buwdBRIRzORGRQwHXk

EDINBURG — The Edinburg Police Department is investigating a December 19 car accident that claimed one woman’s life. The accident happened at approximately 8:02 a.m. in the 4900 block of S. Business 281 near Alberta Road.

The accident reportedly involved three vehicles, but no details were provided about how the crash occurred. According to City of Edinburg Spokesperson Roxanna Lerma, one woman sustained serious injuries in the crash.

She was transported to Doctors Hospital at Renaissance, but was later pronounced dead, according to the news release. Her name was not immediately released.

As of this writing, police were still conducting an investigation.

Wrongful death claims

When a person’s death is caused by someone else’s negligence, the result is considered a wrongful death. This includes deaths that result from automobile, truck, and motorcycle accidents. In Texas, a wrongful death lawsuit must be filed within 2 years of the decedent’s death.

Who can initiate a wrongful death claim?

According to Texas law, only close family members can bring a lawsuit. Typically, this includes surviving children (biological and adopted), a spouse, or the victim’s parents. Stepchildren who were never legally adopted, siblings, grandparents, and the victim’s fiancé are not allowed to file a claim under this statute.

Any compensation that is awarded will be divided among all eligible beneficiaries.

Who has priority?

The victim’s surviving spouse and children are generally considered to be the priority recipients. If minor children are the beneficiaries of a wrongful death judgment or settlement, a “guardian ad litem” will be appointed by a court to represent the best interests of the children.

What types of damages are available?

Damages in a Texas wrongful death can include the following:

• lost income or other financial support
• the value of lost household services the deceased would have provided
• mental pain and anguish experienced by the survivors
• lost love, companionship, comfort, and society, and
• the value of any lost savings or inheritance.

Exemplary or punitive damages might also be awarded, but only if the death resulted from a “wilful act or omission, or gross negligence.”

Put the J. Gonzalez Law Firm on your side

Wrongful death lawsuits are complex cases, involving difficult legal issues. They often require expert testimony to provide evidence concerning the values of different damages. The experienced personal injury attorneys at the J. Gonzalez Law Firm are experts in Texas law, and they know how to formulate a winning case.

The J. Gonzalez Law Firm works on a contingency basis, which means you only pay if they win the case for you. Your initial consultation is also free. Make contact today via this website, or by calling 1-800-CAR-CRASH.

Source: https://www.valleycentral.com/news/local-news/one-dead-in-edinburg-car-accident/?utm_medium=referral&utm_campaign=socialflow&utm_source=facebook.com&fbclid=IwAR0OS-Qp3RfdtH4Aro83kuUhe_CMUMVarayiBL4YzW5vZXTiTPOjr2eGDxE

MERCEDES – One woman was killed and another was left critically injured in a December 15 car crash in Mercedes. According to the Texas Department of Public Safety (DPS), the crash occurred at about 4:36 p.m. on Interstate 2.

A DPS news release states a Ford Focus collided with a Dodge Ram on the highway, but did not provide details on how the collision occurred. Both victims were in the Ford Focus, according to the report. Vanessa Villarreal Moreno, 41, of Harlingen, is said to have died at the scene of the crash. She was a passenger in the vehicle. The driver, a woman whose name was not released, was transported to Valley Baptist Medical Center in Harlingen, where she was last reported in critical condition.

The driver of the Dodge, an unidentified male, was not transported to a hospital, DPS said in the release.

The investigation into the crash remained ongoing at this writing.

Automobile accident claims for injured passengers

Passengers who are injured in car accidents are entitled to file a personal injury claim even if they were in the same car as the at-fault driver. If the victim is killed, surviving relatives may do so on their behalf.

In a single-vehicle accident, the driver is typically the responsible party. If the driver crashes due to being intoxicated, distracted by a cell phone, or some other negligent act, he or she could possibly be held 100 percent liable for any injuries suffered by passengers.

If one of the passengers distracted the driver, that would lessen the driver’s culpability.

Determination of fault is more complex when more than one vehicle is involved. Some percentage of the negligence that caused the accident could fall on more than one driver. A personal injury attorney would have to establish fault through evidence such as the police accident report and witness statements.

Filing a claim

Texas uses an at-fault personal injury system, which means culpability is measured on a percentage basis. Victims typically begin their claim with the at-fault party’s insurance provider. For crashes involving multiple vehicles, an injured passenger can file a claim on each driver. Compensation from each driver would depend on the degree of negligence and level of involvement in the accident.

In assigning liability, Texas uses the rule of comparative fault, which means the actions of each involved party is considered when determining liability. Each party isassigned a percentage of the total liability based on his or her negligence.

Call J. Gonzalez

If you believe you have a personal injury claim as a passenger, you should discuss your legal options with the personal injury attorneys at the J. Gonzalez Law Firm. J. Gonzalez works on a contingency fee basis, which means you would only have to pay out of any compensation you receive.

Contact one of our experienced attorneys today via this website, or by calling 1-800-CAR-CRASH.

Source: https://myrgv.com/alerts-mcm/2023/12/16/harlingen-woman-dies-at-scene-of-crash-in-mercedes-driver-in-critical-condition/?fbclid=IwAR36eQy3LPASHz1Er-B6f5njQkJKhSRxWejuJZDnigo6wFAOjKyyPDRwxDc

SAN ANTONIO – A San Antonio woman has been charged in connection with a fatal road rage shooting that occurred in the city’s far West Side in late May.

23-year-old Kasey Garcia is charged with manslaughter in the May 21 shooting death of 26-year-old Vanessa Martinez outside a gas station near NW Loop 410 and Highway 151.

The incident occurred around 9:40 p.m., according to police. When officers arrived on the scene, they found Martinez on the ground by the gas pumps with an apparent gunshot wound.

A police spokesperson said two vehicles belonging to the women had been involved in a crash at another location. Garcia reportedly told officers she followed Martinez to get her license plate number.

When Garcia pulled up behind Martinez, police said Garcia told them Martinez exited her vehicle, went over to Garcia’s car, opened the door and started to assault her.

SAPD said Garcia was still sitting in her car when she fired at Martinez, striking her in the chest.

Martinez retreated to her vehicle and was on the ground until emergency crews arrived. She was taken by ambulance to a University Hospital, where she later died.

SAPD said Garcia was taken into custody that night. Her trial was still pending as of this writing.

Can you sue someone for a road rage incident?

Victims of road rage accidents can sue the responsible driver for their injuries and damages. If the victim dies, the person’s surviving family members can sue on their behalf.

What is road rage?

Road rage is a term used to describe aggressive and dangerous behaviors exhibited by drivers on the road. It typically involves actions such as tailgating, speeding, erratic driving maneuvers, physical altercations and other aggressive acts.

Texas road rage law

In Texas, road rage is not a stand-alone criminal offense. The state uses existing traffic laws and criminal statutes to prosecute accused violators.

Holding aggressive drivers accountable

If you were injured or a loved one was killed in a road rage accident caused by an aggressive driver, you have the right to seek compensation for your damages. To support your claim for damages, you’ll need to provide evidence of the at-fault driver’s aggressive and erratic actions. This can include eyewitness testimony, video footage of the incident, and the police report.

Get help from J. Gonzalez

Navigating the aftermath of a road rage accident can be challenging. The at-fault driver’s insurance company might deny coverage if they determine that the driver’s actions were intentional misconduct. Pursuing a direct lawsuit against the aggressive driver is an option, but this route is viable only if the at-fault driver possesses sufficient financial resources to cover losses.

To navigate this process, it’s important to seek advice from an expert, such as those that can be found at the J. Gonzalez Law Firm. Our dedicated legal team can thoroughly investigate your case and relentlessly pursue accountability from the at-fault driver for your injuries and damages. To learn more about your legal rights, and options after a road rage accident anywhere in Texas, contact us today for a free consultation at 1-800-CAR-CRASH.

Source: https://www.ksat.com/news/local/2023/12/15/woman-indicted-in-connection-with-road-rage-shooting-on-far-west-side/

Two teens who were killed in a November 26 ATV accident were recent graduates of Edinburg North High School, according to the district’s Public Information Officer, Lisa Ayala.

The victims are identified as 18-year-old Jaidy Alcalá and 17-year-old Leila Elizabeth Arias. The teens were riding on an ATV Razor that ended up on its side and partially submerged in a canal with two to three feet of water in it, according to the Hidalgo County Sheriff’s Office.

Authorities say they received a call about 6:50 p.m. regarding the accident which happened near Edinburg Lake in the 6400 block of Rio Grande Care.

The caller stated two girls arrived at his home with apparent injuries, asked for help and were taken to the hospital by the caller’s wife.

When deputies arrived, they pulled Alcalá and Arias out of the water, began life-saving measures and then transported them to a hospital where they were pronounced dead.

“Investigators spoke with the two surviving females, and it was revealed that the driver of the ATV lost control of the vehicle and drove into a canal near Edinburg Lake,” the initial news release said. It was not clear who was driving the ATV when it crashed.

Edinburg North High School acknowledged the two recent graduates on their Facebook page memorializing them and sending their families and friends their condolences.

“The Edinburg Consolidated Independent School District along with Edinburg North High School extends their deepest condolences to the families and friends of two recent graduates Leila Arias and Jaidy Alcalá,” Ayala said.” Grief counselors are available at the campus for students and staff.”

Alcalá and Arias were both involved in softball and powerlifting, and graduated in May 2023.

Who is responsible for an ATV accident?

The liability for an ATV accident will depend on the facts specific to each case, but here are some possible liability scenarios:

Operator negligence: If the accident occurred because the operator was driving recklessly or in violation of the law, then the operator might be liable.

Manufacturer defects: If the accident was caused by faulty brakes, steering or other defect, then the manufacturer or distributor of the ATV might be liable for the accident.

Property owner liability: If the accident occurs on private property and the property owner failed to properly warn of hazards or maintain the property, then the property owner might be held liable.

Negligence of another party: If the accident was caused by the negligence of another party, such as a driver of another vehicle or a pedestrian, then that party could possibly be liable for the accident.

What types of insurance might apply to an ATV accident?                                                                 

Here are some types of insurance policies that could possibly provide coverage for ATV accidents:

• Homeowners insurance
• ATV insurance
• Auto insurance

It is important to review all insurance policies carefully to understand what types of coverage are included and what types of exclusions may apply. If you are involved in an ATV accident, it is important to report the accident to your insurance company as soon as possible. However do not accept any settlement offers without consulting an attorney.

How J. Gonzalez can help.

ATV accidents can be rather complex, but the J. Gonzalez Law Firm is dedicated to providing you with expert legal representation to ensure you receive the compensation you deserve. Our personal injury experts will thoroughly investigate your accident, and identify all the possible liable parties. We will evaluate the full extent of your damages, including medical expenses, lost wages, and pain and suffering, and we will egotiate with insurance companies on your behalf. If necessary, we will fight for your rights in court.

Call J. Gonzalez today at 1-800-CAR-CRASH, or contact us through this website for a free consultation.

Source: https://myrgv.com/local-news/2023/11/28/atv-crash-victims-were-recent-edinburg-north-high-school-graduates/

HARLINGEN — Police in Harlingen say an investigation is underway after a man was struck and killed by an SUV.

As reported by Valley Central: At 4:23 a.m. Saturday, officers responded to the 1500 block of N. Ed Carey Drive in reference to auto-pedestrian crash, a news release from the Harlingen Police Department stated.

When officers arrived, they found a man lying on the roadway next to a white SUV. The officers began providing medical attention to the man, who was identified as 22-year-old Marcus Jose Vigil.

Officers learned that the white SUV was travelling north on Ed Carey Drive when it allegedly struck the man in the roadway. Police added that the driver of the SUV stopped immediately and a bystander called emergency services to the scene.

Vigil was transported to a local hospital where he died from his injuries.

The case is being investigated by the Harlingen Highway Enforcement Unit.

Do pedestrians always have the right of way in Texas?

In a word, the answer is no. A pedestrian who is jaywalking or doing something else illegal on a Texas roadway can be considered negligent. In some cases, a pedestrian can even be held responsible for causing a car accident.

Jaywalking is against the law in Texas, and occurs when a pedestrian crosses a roadway where regulations do not permit doing so. Pedestrians must yield to all vehicles when crossing a street without using a crosswalk.

However, there are many situations in which the pedestrian does have the right of way. These include instances in which the person is using a crosswalk, or crossing at an intersection when the ‘walk’ signal is displayed, or when the pedestrian is lawfully on the sidewalk. Children who are boarding or getting off a school bus always have the right of way.

If the motorist is negligent, and hits a pedestrian, the pedestrian might well have good cause for seeking financial compensation for his or her injuries. Drivers can be deemed to be negligent if they are found to have been speeding, drinking and driving, texting while driving, or simply not paying attention.

How can pedestrians protect themselves from vehicles?

If you are jogging or walking near a roadway, you can take the following steps to keep yourself safe:

• Wear bright or reflective clothing, especially at night

• Look left, right, and left again before crossing at intersections

• Avoid crossing the street between parked vehicles

• Check for traffic before stepping off a bus

• When crossing at an intersection, try making eye contact with the driver.

Call the J. Gonzalez Law Firm

The consequences of auto-pedestrian accidents are often devastating. If you’ve been injured by a driver who wasn’t behaving responsibly behind the wheel, you should seriously consider speaking with a lawyer.

The injury attorneys at J. Gonzalez Law Firm have years of experience handling personal injury cases in this area. Call us today for your free consultation at 1-800-CAR CRASH.

Source: https://www.valleycentral.com/news/local-news/police-man-struck-killed-by-suv-in-harlingen/?utm_campaign=socialflow&utm_medium=referral&utm_source=facebook.com&fbclid=IwAR1VW6K1xCTjFVniXU5yhFyj07w5-F3dEDKv09RAdjkRlIsg_DjgeMU1Cqw

LICKING COUNTY, OHIO – Police say three people were killed, and at least others were injured in a fiery crash involving a bus carrying band students in Ohio. The deadly incident took place on Interstate 70, about 26 miles east of Columbus near the State Route 310 interchange in Licking County.

According to authorities, a semi-truck is believed to have rear-ended the bus at around 8:50 a.m.

It is unclear if any of the deceased victims are students, and the cause of the collision was not immediately known. There were 57 people traveling on the bus, an official said, and a total of five vehicles were involved in the collision.

The bus was carrying students and chaperons from Tuscarawas Valley High School, located in northeast Ohio. They were headed to an Ohio School Boards Association conference in Columbus, according to a Facebook post written by Derek Varansky of the Tuscarawas Valley School District.

“I have devastating and heartbreaking news to report,” Varansky wrote before adding that there were multiple serious injuries. The injured were being treated at seven area hospitals.

“Right now, our focus is on getting in touch with our Tusky Valley families who had loved ones on the bus and providing support to our entire school community. Our Trojan family is strong, and it will take that strength and love to get [through] these coming challenging days.”

The American Red Cross of Central and Southern Ohio said it fulfilled a request for more blood from one hospital in the area, sending 30 units to a hospital in the Mount Carmel Health System, Marita Salkowski, regional communications director said.

A center was set up at a United Methodist Church in Etna for bus passengers not in need of medical attention to go to and contact loved ones, she added.

Numerous emergency responders were at the scene, and Ohio Department of Transportation cameras from the area showed smoke coming from the crash site.

The highway was closed in both directions and numerous traffic delays were reported as of this writing.  Police said the location will remain closed and will be an “active scene” while investigators analyze the area.

What are the limits of liability waivers for field trips?

When public school and university students go on a field trip, they (or the parents of minor children) are usually asked to sign one of two common types of waivers:

General consent waiver – This is a blanket waiver in which the parties waive their right to take legal action against in case of harm. In signing the form, the student or parent acknowledges the risks, and swears that the party is participating voluntarily. Courts in many states frown upon this type of liability waiver, as they believe schools are asking people to forfeit important rights, while the schools avoid liability for preventable accidents and injuries.

Informed consent waiver – This type of liability waiver also attempts to limit a school’s liability, however, informed consent waivers cannot shield the school from liability for injuries to the traveling party that occur because of negligence of the staff.

It is important to know that liability waivers only go so far in protecting school districts. If one can prove that a school employee, supervisor, bus driver, etc. caused or contributed to the party’s injuries on a field trip, there may still be grounds for a claim.

When is school negligence a factor in field trip injuries?

Schools have a duty to their students, and that includes a duty to warn and inform. The school may have been negligent if it failed to provide a safe facility, proper safety equipment, proper instructions and supervision, or proper medical care after an accident occurred. The school has a duty to notify parents or guardians if a minor is injured on a field trip, or in school. When failure to notify the parents results in furtherance of the injuries, the school can be held liable.

To establish that the school was negligent, you must show:

• The school owed a duty of care to the injured student
• The school breached that duty of care
• The breach of duty caused the student’s accident
• The accident resulted in harm

Can a third party be liable for field trip injuries?

In some cases, third parties can be held liable. For example, for unsafe conditions on the premises or road where an accident took place. If a third party was negligent and that negligence caused injuries, there may have a claim for compensation against the third party.

Contact the J. Gonzalez Law Firm

The personal injury attorneys at J. Gonzalez Law Firm are specialists in injury and wrongful death lawsuits. We are known for our commitment to our clients, and for fighting for the compensation they deserve. Contact us today at 1-800-CAR CRASH.

Source: https://www.foxnews.com/us/three-dead-15-injured-in-crash-involving-bus-carrying-band-students