Donna teen dies after being struck by two vehicles
Posted on Tuesday, October 24th, 2023 at 3:16 pm
EDINBURG — The Texas Department of Public Safety (DPS) is investigating an October 20 auto-pedestrian accident that claimed the life of a Donna teenager.
According to a DPS news release, the incident happened at 8:00 p.m. on FM 1423 just south of Anderson Road. The report states that a white Chevrolet Silverado traveling north on FM 1423 struck a pedestrian who was walking on the road. The pedestrian’s body was then run over by a black GMC pickup which was following the Silverado.
Both drivers stopped at the scene and no charges will be filed against them, according to DPS.
The victim has been identified as 16-year-old Jacob Morales of Donna.
The DPS news release states that Morales was wearing dark clothing, and that the roadway is not well-lit, which may have contributed to the accident.
DPS suggests the following safety tips for pedestrians:
- Follow the rules of the road and obey signs and signals.
- Walk on sidewalks whenever they are available.
- If there is no sidewalk, walk facing traffic as far from traffic as possible.
- Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.
- If a crosswalk or intersection is not available, find a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
- Watch for cars entering or exiting driveways or backing up in parking lots.
- Avoid alcohol and drugs when walking; they impair your abilities and your judgment.
- Wear reflective materials and white or bright colors at night to increase visibility. Avoid dark clothing when possible.
Damages available after the wrongful death of a minor child
Parents and family members of children killed in an accident may be entitled to damages that would not typically be awarded following the death of an adult. Damages that may be available following the wrongful death of a child include:
- Medical Bills
- Funeral and Burial Costs
- Value of Household Services
- Loss of Companionship
- Loss of Gifts and Benefits
- Loss of Financial Support
Calculating damages
Certain direct expenses, such as those for medical bills and a funeral, will be fairly evident. Other damages, including those for lost financial support, can be harder to identify. Because of that, defense attorneys will put up resistance. It’s important that you work with an experienced personal injury lawyer who knows how to identify and value your damages.
The J. Gonzalez Law Firm has valuable relationships with a variety of experts which we use when we need to calculate hard-to-value damages. These experts review the information we gather and determine an appropriate value for a specific harm. Relying on reputable experts allows us to back up our request for damages with hard evidence and support.
There are many more details on this topic, so if you need more information, call us today for a free, no-obligation consultation. Our number is 1-800-CAR-CRASH. You can also set up an appointment via this website.
Source: https://www.valleycentral.com/news/local-news/dps-one-teen-dead-in-auto-ped-accident/
Raymondville toddler injured in dog attack
Posted on Friday, October 20th, 2023 at 3:34 pm
RAYMONDVILLE – Raymondville police are investigating an October 15 dog attack on a two-year-old girl. According to Detective Jason Garcia, the incident happened around 4:20 p.m. in Veteran’s Park.
Garcia said the girl was bitten on her head and upper lip by a dog that was subsequently found restrained in the front yard of a house across the street from the park.
Garcia said the girl “lost a lot of blood,” but was conscious. She was transported to a local hospital and was last reported in stable condition.
The dog was taken into animal control custody, where it would quarantined for a couple of days, according to Garcia, who added that the owner has been cited for having a dangerous dog.
Dog ownership in Texas requires that the owner takes reasonable steps to ensure the animal does not harm other humans. Those steps can include keeping the dog fenced, or humanely tethered to remain on the owner’s property.
Dog bites can result in severe injury, including lacerations to the skin, loss of fingers or toes, and loss of eyesight. Besides the physical scarring, dog attacks can alsi cause emotional trauma and other psychological damage to victims.
Dog bites are covered under Texas personal Injury laws, and when someone suffers injury from a dog bite, they are allowed to seek fair compensation for damage claims. Victims can seek compensation for medical care, emotional trauma and other claims.
Who is liable for damages?
When a dog hurts someone, the owner of the animal is usually the person responsible for compensating victims and/or their family. Criminal charges against the owner are also possible in rare instances.
The dog owner’s liability insurance (usually a homeowners’ or renters’ policy) may cover the injured person’s losses, even if the injury happens off the owner’s property.
After a dog bite incident, it’s important for both the injured person and the animal owner to take steps to protect their legal rights.
The personal injury attorneys at the J. Gonzalez Law Firm are well-versed the laws regarding dog bites, and they can represent you if you ever become a victim of a dog attack.
Call J. Gonzalez today at 1-800-CAR-CRASH to learn more about how you can get the compensation you deserve!
Trike motorcyclist killed in crash near Harlingen
Posted on Thursday, October 19th, 2023 at 5:03 pm
HARLINGEN – One man is dead following a trike, or three-wheeler, motorcycle crash near Harlingen. According to the Texas Department of Public Safety (DPS), the single-vehicle crash happened October 15 at approximately 8:20 a.m. on Business Highway 83 west of Bass Boulevard.
A DPS news release identified the victim as 83-year-old Loyal Clark Temple of La Feria. The release stated that Temple was traveling east on a white, 2006 Honda tri-motorcycle when he veered off the road “for unknown reasons.”
The trike continued on a straight-line path through a parking lot before striking a tree, according to the report. A Justice of the Peace pronounced Temple dead at the scene.
DPS continues to investigate the crash.
Is a trike motorcycle safer than a traditional motorcycle?
The short answer is both “yes” and “no.”
Trikes do seem to provide greater visibility to other drivers on the road. Research shows that automobile drivers are generally looking for other cars and trucks, and tend to “overlook” motorcyclists. Most motorcycle accidents occur when motorists either did not see the motorcyclist, or they did not bother to look, or they looked too quickly.
Three-wheel motorcycles, because of their unique design and bigger footprint on the road, tend to “turn heads,” which results in increased visibility.
Having three wheels instead of only two also make trikes more stable than standard motorcycles. This virtually eliminates the possibility of laying a trike on its side. Laying down a motorcycle is always a possibility and can be caused by a number of factors such as oil slicks, potholes, or having to turn quickly and unexpectedly.
Even so, trikes do not offer the safety features that motorists enjoy in most automobiles. Trike operators are not inside an enclosed metal body frame, and there are no seat belts and airbags. Trikes can also give the operator a false sense of security, which can lead to complacency.
Trikes also handle much differently than a motorcycle, and some motorcycle riders think they can make the transition to a trike without additional training. This simply isn’t the case, and can be another source of an unexpected crash.
J. Gonzalez Experience
J. Gonzalez is an avid motorcyclist of many, many years. First and foremost, he recommends all motor trike and motorcycle riders to wear a helmet, wear safety clothing, and take a course on motor trike (or motorcycle) safety and operation. You would be surprised how much you can learn in a course with professional instructors.
Secondly, if you are involved in a motor trike or motorcycle accident that was not your fault, call the J. Gonzalez Law Firm for the most-professional and experiences legal representation. J. Gonzalez and his team of expert personal injury attorneys will get you the compensation you deserve, and hopefully get you back out on the open road as soon as possible. Call 1-800-CAR-CRASH today!
Washington family awarded millions in herbal supplement lawsuit
Posted on Thursday, October 12th, 2023 at 6:10 pm
According to The Daily News newspaper, a Cowlitz County, Washington jury has awarded $2.5 million to a Castle Rock family following a wrongful death lawsuit. 39-year-old Patrick Coyne, who suffered from back pain, died from ingesting a pain reliever called kratom, which is not regulated by the Food and Drug Administration.
A 12-member jury ruled in August in favor of Sybil Coyne and her late husband’s estate that Wendianne Rook and her Oregon-based company, Society Botanicals, were liable because the Kratom product she sold was not reasonably safe in design, its labeling was negligent, and that those factors led to Patrick’s death, according to court records.
Kratom is a tree native to Southeast Asia and its leaves are packaged in pills, powders or drinks and sold as an all-natural supplement that can relieve pain, anxiety, and opioid withdrawals.
Patrick Coyne — a Portland boat mechanic with a history of back pain — took Rook’s powdered product, “Kratom Divine’s Maeng Da,“ several times a day at both work and home the lawsuit alleged.
He was found dead, sitting in a recliner in the family’s home on June 27, 2020. A bag of Kratom was found near the body of Patrick Coyne, who left behind three children under the age of around 13, according to the lawsuit. Kratom is legal in Washington state, but some states have laws against possessing or selling the marketed supplement.
Rook declined to comment on the verdict to The Daily News.
Kratom is legal in Texas, however, it is regulated. As long as you’re over 18, you can buy kratom in Texas, and starting on September 1, 2023, all places that sell kratom in Texas will have to meet the state’s regulatory guidelines for consumer safety and knowledge.
Losing a loved one is always painful, but the pain and anguish are only compounded if the death was preventable, and was caused by another person’s carelessness, disregard for safety, or product liability. The bereaved family of a person who dies as a result of another’s negligent or wrongful actions may be entitled to seek justice on behalf of their loved one.
Here are the main steps in wrongful death claims in Texas:
Talk to a lawyer
The complex rules around wrongful death claims require the help of a wrongful death lawyer. Start the process as soon as possible to avoid running up against time limits set forth in the statute of limitations. Under Texas law, the surviving family or the deceased’s estate has two years from the date of the deceased’s death to file a lawsuit.
Get a death certificate
Before you can begin the wrongful death claims process, you must have a death certificate that documents the fact and cause of the deceased’s death. You can obtain one at the county clerk’s office in the county where the victim died or by requesting a certificate online from the Texas Department of State Health Services.
Did the deceased leave a will?
If your family member left a will, it should identify the executor or personal representative of the estate. That designated individual can file a wrongful death claim, survival action, or both on behalf of the deceased and their family. If there’s no will, the courts will name a personal representative of the deceased’s estate.
Investigation of death
Your claim will need to demonstrate the defendant’s negligence in order to recover compensation. Your attorney can help you gather persuasive evidence, such as medical records, accident reports, eyewitness accounts, and photos from the accident scene.
Identify eligible survivors
Only certain family members and the representative of the decedent’s estate are eligible to file wrongful death claims. These individuals must be identified and notified before any wrongful death claim can proceed.
Document the losses
To demand the maximum amount possible through a wrongful death claim, the deceased’s surviving family members and their attorney will need to list all the harm they’ve suffered due to the deceased’s untimely death.
Call J. Gonzalez
Wrongful death lawsuits will never fully compensate families for everything they lost when a loved one has died. However, many families can get a sense of closure by holding whoever caused the accident legally responsible. At the J. Gonzalez Law Firm, our experienced and empathetic attorneys are ready to help you with a wrongful death case. To find out more, you can call our office at 1-800-CAR-CRASH, use our live chat service, or visit our contact page on this website.
Choosing the right Personal Injury Attorney
Posted on Friday, October 6th, 2023 at 3:13 pm
If you’ve suffered an injury due to someone else’s negligence, you are entitled to file a personal injury insurance claim or a lawsuit to recover compensation for your damages. Your livelihood and future quality of life could hang in the balance, so choosing the right personal injury lawyer is one of the most important decisions you will ever have to make.
Here are a few characteristics to look for when you need someone qualified to provide you with the high-quality representation you deserve.
Experience
Look for an attorney who has years of experience handling personal injury cases. The skills, knowledge, and expertise that you need on your side can only come from an attorney who has worked on real-world personal injury cases.
Gonzalez received his law degree from St. Mary’s University School of Law in 2000. Since then he has been immersed in personal injury law, managing multiple cases, supervising staff, understanding clients’ needs, managing a law office, and working with judges, fellow attorneys, and court personnel.
Moreover, Jesse Gonzalez has always been involved in providing support and service to his local community by fighting for those who cannot fight for themselves.
Expert investigator
A great personal injury attorney knows the importance of conducting a thorough and independent accident investigation. J. Gonzalez doesn’t simply use police reports to build his cases. He conducts his own accident investigation to identify and preserve critical evidence to prove the other party caused your injury.
Over the years, he has built a network of specialists to assist his investigations, including accident reconstruction experts, medical professionals, and financial advisers to ensure he uncovers all evidence needed to prove fault, and obtain the maximum compensation allowed by law.
Mediator and litigator
Not every personal injury case goes to court. Sometimes it’s best to negotiate a settlement rather than filing a lawsuit or going to trial. J. Gonzalez is a skilled mediator, as well as a successful trial attorney, and he knows when to settle and when to fight. This gives you the best chance of maximizing your recovery in a personal injury case.
A good communicator
A crucial element of the attorney-client relationship is the ability to communicate and listen. Your personal injury attorney should be great at both.
J. Gonzalez does not want to do all the talking. He is an attorney with good listening skills, he observes, and he listens without interrupting. His goal is to gain a deeper insight into the circumstances and complexities of your accident in order to build the strongest case and obtain the highest-possible compensation.
Contact J. Gonzalez today
Gonzalez has been fighting for the rights of injured victims in Texas since 2000. He is ready to listen to your concerns about your crash, and he’s prepared to utilize the vast resources of his law firm, while providing the highly-personalized care you deserve.
Call today at 1-800-CAR-CRASH for your free, no-obligation initial consultation.
How do insurance adjusters gather information to make their settlement offer?
Posted on Wednesday, October 4th, 2023 at 2:39 pm
The first person an insurance company will want to talk to about your claim is you. Therefore, an insurance adjuster will likely contact you very quickly to try to collect information from you about your claim. They will likely ask for a description of your damages, as well as what happened during your accident.
The key thing to remember when you’re contacted by an adjuster is that he or she works for the insurance company. Therefore, the adjuster is interested in helping the company, not you.
The adjuster might even go so far as to misrepresent certain things about your right to settlement, and may ask for facts they do not have a legal right to have. They will do this just to find a reason to lower their offer.
Adjusters might also ask if they can record their conversations with you. Don’t give them that permission. You have no obligation to allow them to record your statements, as they may attempt to use them against you in the future if you do allow them to record you.
Finding the worth of your settlement and moving through the settlement process can be complicated. That’s why you need a reputable personal injury attorney on your side.
The J. Gonzalez Law Firm has years of experience fighting against insurance companies to get the justice our clients deserve. Contact us for a free consultation today at 1-800-CAR-CRASH.
Crash near San Benito leaves two dead
Posted on Monday, October 2nd, 2023 at 2:01 pm
The Texas Department of Public Safety (DPS) is investigating a September 26 three-vehicle crash that claimed the lives of two people. The accident happened about 5:00 p.m. at the intersection of FM 803 and FM 510 about eight miles east of San Benito.
According to a DPS news release, a 2013 Dodge Ram 1500 was traveling south on FM 803 at a high rate of speed and the driver ran a stop sign at the intersection of FM 510. The report states that the truck struck two vehicles at the intersection – a 2004 Toyota Corolla, and a 2022 Hyundai Kona.
Two women inside the Toyota were killed in the collision. They are identified as 97-year-old Mauricia Cruz-Rodriguez, and 62-year-old Blanca Mauricia Zamorano. Both of the victims were from Los Fresnos, according to DPS.
The truck’s driver and the driver of the Hyundai were not identified in the DPS news release, nor did it state whether or not they were injured.
DPS continues its investigation into the crash.
Running a stop sign is a recognized negligence per se argument
Most people recognize that running a stop sign is an act of negligence, but Texas courts go a step further. They say it’s not just run-of-the-mill negligence, it’s actually negligence per se.
What exactly is “negligence per se?” A negligence per se allegation holds that the act done by the defendant violated a law, causing harm to someone in the process.
This means if a victim has been injured by someone who ran a stop sign, the victim can file a negligence per se car accident lawsuit against the driver, and will most likely win and gain compensation for their injuries.
Call J. Gonzalez
Even though a jury charge under a negligence per se argument asks a much simpler question and is much easier to win, the defendant’s attorney will still fight to sway the jury against you. That’s why you need the best personal injury attorney on your side to make sure that doesn’t happen.
The J. Gonzalez Law Firm knows all about negligence per se arguments, and we’re familiar with almost every scenario you can think of. So, don’t attempt to handle your negligence per se case on your own. We’re ready to help, if you’re ready to talk, call 1-800-CAR-CRASH.
Auto-pedestrian accident leaves one man dead
Posted on Wednesday, September 27th, 2023 at 3:29 pm
WESLACO — The Texas Department of Public Safety (DPS) is investigating a fatal auto-pedestrian collision that occurred September 23. The crash happened shortly after 8:30 a.m. on Mile 4 West Road north of Mile 11 North.
According to a preliminary DPS investigation, a man was walking north on Mile 4 West with his bicycle at his side when he was hit by a black pick-up truck. The driver of the pick-up truck did not stop, and instead fled the area, DPS said in a news release. The victim, identified as 43-year-old Rames Gonzalez, Jr. of Weslaco, was pronounced dead at the scene.
Anyone with information regarding the vehicle of interest is asked to contact the Weslaco DPS Office at (956) 565-7600.
Most-common injuries in auto-pedestrian accidents
Severe trauma is common in pedestrian accidents. Those on a bike or walking don’t have the protective metal shell and airbag of a passenger vehicle or commercial truck and often sustain life-threatening injuries. The following are some of the most common pedestrian accident injuries.
Concussions or brain Injuries
A traumatic brain injury (TBI) is any damage to the tissue of the brain. Head injuries are among the most common in a pedestrian collision, as the victim’s head may strike the vehicle, the ground, or both. The force of blunt trauma to the head causes the brain to hit the inside of the skull, causing bleeding, swelling, and bruising.
Neck, back, and spine injuries
Whiplash is a term for the violent back-and-forth motion of your neck from the collision impact. It overstretches the muscles and ligaments in your neck and can make moving the neck and shoulders difficult and painful.
A slipped or herniated disc is spinal damage. Your vertebrae are separated by small discs – fluid sacs that can become slipped out of place in a wreck. Or the disc’s outer layer can tear, allowing the sensitive inner portion of the disc to protrude and touch the spinal cord. This can cause difficulty walking and chronic pain.
Loss of limbs or use of limbs
Involuntary amputation can occur if the victim’s hand, foot, arm, or leg is damaged to the point where reconstructive surgery cannot save it. In some cases, the driver may have run the car over the victim’s limbs, causing an amputation at the scene.
Amputation victims face months of painful physical therapy to adjust to a prosthesis and regain their physical abilities. Some people may not be able to pursue the career they had before the accident because of the amputation damage and may have to look at alternative means to support themselves.
Other common pedestrian injuries include:
- Fractured or broken bones
- Crushing injuries
- Skin injuries
Pedestrian accident injuries can permanently change your life
Just one of the common pedestrian accident injuries is enough to change a person’s life or result in a long recovery time and steep medical bills. However, most bike or pedestrian accident victims can recover damages with the help of the right personal injury attorney.
The J. Gonzalez Law Firm has helped countless auto-pedestrian accident victims get the monetary compensation they deserve because of the negligence of some drivers. We can do the same for you. Call us today for a free, no-obligation consultation at 1-800-CAR-CRASH to find out more.
Source: https://www.valleycentral.com/news/local-news/dps-one-man-dead-in-auto-ped-accident/
Hidalgo County patrol unit involved in chain reaction crash
Posted on Monday, September 25th, 2023 at 2:57 pm
EDINBURG — The Edinburg Police Department is investigating a chain reaction crash that involved a truck, a motorcycle, and a Hidalgo County patrol unit.
According to information from Edinburg police and the Hidalgo County Sheriff’s Office, the crash happened September 21 at the intersection of FM 1925 (Monte Christo Road) and McColl Road.
Authorities say the three-vehicle accident started when a truck hit a motorcycle, causing the motorcycle to crash into the patrol unit. The motorcyclist was taken to a local hospital for treatment. The patient’s condition was not immediately known.
The Edinburg Police Department, which is investigating the accident, has not released the names of the drivers involved in the crash.
Motorcycle crashes and TBI
Traumatic brain injury, or TBI, is a common injury that results from motorcycle accidents. If you suffer a TBI in a motorcycle crash, you might present the following temporary or permanent symptoms:
- Memory loss
- Erratic behavior and emotions
- Loss of taste, smell, and/or vision
- Speech impediments
- Decreased motor functioning
- Anxiety or depression
In addition to the above symptoms, a TBI can cause numerous complications. Patients might experience seizures, including ongoing seizures in a condition known as post-traumatic epilepsy.
TBI can also cause hydrocephalus, in which the brain develops a buildup of cerebrospinal fluid. This can put additional pressure on the brain, and cause further damage.
High fever can also occur as the patient’s body tries to fight off pathogens or when damage to the brain’s structure occurs.
A deep wound to the head can also leave a patient susceptible to infections. Bacteria might enter the tissue inside the skull and cause an infection to develop.
Cost of TBI
According to researchers at Northwestern University, TBI patients can face a lifetime of expenses ranging from $85,000 up to many millions of dollars, depending on the injury’s severity. The costs can include emergency treatment and hospitalization, surgery, ongoing treatment, rehabilitation, and long-term care. On top of that, there is the risk of long-term or even permanent unemployment.
Suffering TBI from a motorcycle accident caused by someone else can be life-altering. You should consult an experienced personal injury lawyer to have a better chance of recovering the compensation you deserve. The J. Gonzalez Law Firm has many years of experience helping TBI patients, and we’re ready to work for you. Call us today at 1-800-CAR-CRASH for a free, no-obligation consultation.
Source: https://www.valleycentral.com/news/local-news/hidalgo-county-patrol-unit-involved-in-car-accident/
Anniversary of Alton school bus accident
Posted on Friday, September 22nd, 2023 at 9:08 pm
ALTON – September 21, 2023 marked the 34th anniversary of the Alton school bus accident. The 1989 tragedy which claimed the lives of 21 children still carries the grim distinction of being the worst bus accident in Texas history.
The crash happened about 7:30 a.m. at the intersection of Farm to Market Road 676 (Mile 5 Road) and Bryan Road. The bus was transporting 81 junior high and high school students to their schools when it was struck by a soft drink delivery truck which had run a stop sign at the intersection.
The impact sent the school bus into an open caliche pit which had accumulated about 10 feet of rainwater. Investigators determined the bus filled with water within 30 to 60 seconds as it poured in through openings in side windows, the front boarding door, and the windshield which had become dislodged. Many of the students did not have an air pocket which would have given them time to determine how to escape.
21 of the 81 school children on board either drowned inside the bus, or died later in a hospital of drowning-related asphyxia. A total of 66 people were injured, including 61 children on the bus, the soft drink truck driver and a coworker passenger, and three rescue workers.
Legal legacy
The driver of the delivery truck was charged with 21 counts of homicide by negligence, but a jury acquitted him on all counts in 1993.
State legislators passed a law in 1991 requiring guardrails around any open pits near roadways. The law, enforced by the Texas Railroad Commission, required companies and/or landowners to erect barriers around any open pits, or face fines of $10,000.
School bus safety has improved too. Buses now have added warning lights for greater visibility, and they have additional roof and side exits, larger windows, and rear exit doors that open regardless of the effects of gravity.
Personal injury legacy
At least five people, including four attorneys, were charged with barratry in the immediate aftermath of the crash. Barratry is the legal term for the illegal solicitation of clients by so called “ambulance-chasing” attorneys.
There were many stories of lawyers trying to sign up clients at funeral homes. Others were accused of sending letters of condolence to bereaved parents, along with a business card and a contract for them to sign.
The bottling company that owned the delivery truck made the first settlement with a victim’s family within a year of the crash. It paid a total of $133 million in settlements, and it gave each family $4.5 million per deceased victim. The bus manufacturer also paid a total of $23 million in settlements.
The J. Gonzalez Law Firm pledge
The J. Gonzalez Law Firm will never take advantage of grieving families in the wake of a tragic accident by illegally soliciting survivors as clients. In fact, we are actively engaged in a public awareness campaign urging citizens to report attorneys or the representatives who violate Texas barratry laws.
School bus accident cases are among the most complex of personal injury cases, with many potential issues to navigate. We pledge to provide all our clients with the most thorough, most-effective, and most vigorous representation possible.
If you decide to hire us as your legal representative in any personal injury case, we will treat you with the utmost in professionalism and empathy. To learn more about what we can offer in your time of need, call us toll free at 1-800-CAR-CRASH.