EDINBURG – An Edinburg man is dead following an August 20 traffic accident on the I-69 highway. According to the Edinburg Police Department, the accident happened about 9:00 p.m. on the highway frontage road near Rogers Road.

When officers arrived on the scene of the crash, they found that a beige Chrysler minivan had struck the rear side of an 18-wheeler that was traveling north on Frontage Road, a news release stated.

The report states that the minivan was heavily damaged, and that the driver had to be transported to Doctors Hospital at Renaissance where he subsequently died of his injuries. The victim has been identified as 25-year-old Edinburg resident, Daniel Laureano.

Police say the driver of the 18-wheeler (whose name was not released) was not injured in the crash and that he cooperated with the police investigation. The case remained under investigation as of this writing, and it was not immediately known how the minivan came to collide with the back of the big rig trailer.

Is the trailing driver always at fault in a rear-end collision?

Most people assume that rear-end traffic accidents are always the fault of the driver who rear-ended the vehicle in front of them, but this is not always true. It is possible for the driver who was in front to be at fault for the accident.

These are just a few examples of how a front driver could be blamed for a rear-end collision:

• Slowing down and signaling to make a turn, but not executing the turn
• Stopping suddenly because of a distraction
• Driving while intoxicated and performing an erratic maneuver
• Having broken or defective brake lights that fail to warn trailing drivers the vehicle is braking
• Stopping in the middle of the road because of mechanical failure without using hazard lights
• Performing a so-called “brake check” (tapping brakes) due to road rage

When to contact an experienced attorney following a rear-end crash

The causes of rear-end accidents can be disputed, but it takes an experienced car accident attorney to gather the proper evidence to actually prove who was at fault. Because liability in rear-end crashes can be complicated, you want the right car accident lawyer on the case as soon as possible.

But always get the medical attention you need first! Documenting your injuries is critical to building a justifiable personal injury claim. Once you do that, you should contact the J. Gonzalez Law Firm. We will most likely be able to represent you in your rear-end accident case if:

• You believe the other driver was to blame
• You suffered injuries that required medical care and/or time away from work
• You suffered any other losses due to the crash
• Your child suffered injuries in the rear-end accident
• You lost a close family member, such as a spouse, parent, or child, in the accident

Never try to fight with insurance companies on your own. You might inadvertently say something they can use to reduce or deny your payment. Instead, contact the J. Gonzalez Law Firm for the legal help you need. Call 1-800-CAR-CRASH TODAY!

Source:

https://www.valleycentral.com/news/local-news/pd-one-hospitalized-with-major-injuries-after-crash-with-18-wheeler-in-edinburg/?utm_source=facebook.com&utm_campaign=socialflow&utm_medium=referral&fbclid=IwAR2U0uwl6xQJTljytbbHHcWG3kOX1Bl2E-f4u00cyvU7YfMITcSF932Vvmw

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HIDALGO COUNTY – The Texas Department of Public Safety (DPS) continues its investigation of an August 13 crash near Palmview that left one man dead. According to a DPS news release, the crash happened north of Palmview on La Homa Road at about 6:00 a.m.

The DPS preliminary investigation indicates that a gray 2012 Dodge Durango and a white 2014 Chevrolet Malibu were both traveling south on La Homa Road. The Malibu sedan was trailing the Dodge SUV, according to the report.

“The driver of the Chevrolet failed to control speed and struck the Dodge from behind, veered off the roadway, and struck a light pole,” the news release read.

“The driver of the Dodge was transported to a local hospital with non-life-threatening injuries. The passenger of the Chevrolet was also transported to a local hospital with major injuries,” the statement added.

The deceased driver of the Chevrolet Malibu has been identified as 24-year-old Andres Dias-Diaz of Mission. The other driver was not identified in the initial report, which states that DPS troopers are continuing their investigation into the crash.

Failure to control speed and the issue of negligence

There is a difference between “speeding” and “failure to control speed.” In their simplest terms, “speeding” is an criminal offense for driving in excess of the posted speed limit, while “failure to control speed” is an offense in which the driver was unable to slow down or stop in time to avoid causing a collision.

In addition to driving over the speed limit, the Texas Transportation Code states that a vehicle operator may not drive at a speed “greater than is reasonable and prudent.” This means a driver can be given a ticket even if he or she is driving under the speed limit. Some common examples include:

• Driving too fast on a wet road
• Driving too fast when it’s foggy
• Following another vehicle too closely

Case-by-case basis

Each case is fact-specific. Proving the negligence argument against another driver is not premised solely on whether the driver was speeding (although that is certainly an example of negligence).  A driver can also be found to be negligent if it can be shown that he or she was driving too fast for the conditions of the road at the moment.

Expert legal representation is key

There are many ways to prove that the defendant driver was driving too quickly for the conditions: eyewitness testimony, ECM data (called the “black box” for cars), length of skid marks, and more. The personal injury lawyer’s job is to prove that the other driver’s speed was the proximate cause of your injuries, and that it was a breach of duty to behave as a reasonably-prudent driver.

The J. Gonzalez Law Firm has handled countless car wreck personal injury cases. We’ve been able to prove that our clients were the true victim, even where the defendant’s expensive trial lawyers argued otherwise. We’re here to do the same for you.

If you feel you have been injured due to a negligent driver, contact the J. Gonzalez Law Firm today at 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2023/08/14/mission-man-killed-in-sunday-morning-speed-related-crash/

One man was injured in an August 13 boating accident at South Padre Island Sunday morning, but he is expected to make a full recovery.

According to the Texas Parks and Wildlife Department (TPWD), the captain of a charter fishing boat made a sharp turn and hit the throttle, causing a passenger to be thrown overboard. The passenger’s leg was subsequently struck by the skeg of the boat’s motor, causing a deep cut.

The passenger was transported to a local hospital and treated for the laceration. TPWD has ruled the incident was as an accident.

Legal help for Texas boating accidents

Texas is a big state with a lot of navigable rivers and lakes. There are also a lot of saltwater bays, and the Gulf of Mexico. So it comes as no surprise that many Texans enjoy boating and fishing almost year-round. Unfortunately, a fun time out on the water can turn dangerous or deadly, especially when negligence is involved.

Some boating incidents are the result of inattentiveness by the boat’s pilot. Other causes of accidents include:

• Boating while intoxicated or under the influence (BWI/BUI)
• Improper maintenance of the boat
• Defective product malfunction

1. Gonzalez Law Firm

At the J. Gonzalez Law Firm, our team of personal injury lawyers have years of experience representing victims of personal injuries resulting from a wide range of accidents. That includes boating accidents.

Boating accidents are rarely random acts. Most often, they are caused by captains who act in a reckless manner, or who operate boats that do not meet Texas’s stringent safety requirements. Manufacturing defects can also lead unwanted boating accidents.

If you are looking to collect damages for the injuries you have suffered or need assistance negotiating with your insurance adjuster, contact the J. Gonzalez Law Firm at 1-800-CAR-CRASH. The consultation is free and you won’t owe a penny unless we negotiate a just settlement or court decision in your favor.

Source: https://www.krgv.com/news/man-injured-in-boating-accident-at-south-padre-island-expected-to-recover

A man was taken to the hospital after being struck by a vehicle outside a Stripes store, according to the Mission Police Department.

Police Chief Cesar Torres says the victim was walking into the store at Shary Road and Business 83, when the driver of a pickup accelerated, lost control of his vehicle, and struck a metal barrier, a handicapped parking sign, and then the victim.

Torres did not release the names of the driver or the victim, but said the victim sustained a head injury and was transported to a local hospital. His condition was not immediately disclosed, and no charges had been filed as of this report.

Head injuries and personal injury representation

Head injuries are a common result of car accidents. These injuries may be external or internal, and they can range from a minor concussion from which the injured person will make a full recovery to permanent injuries involving brain damage.

The symptoms and the effects of head injuries can present themselves immediately or take hours or even days to develop. That is why anyone who sustains a head injury in an accident should seek medical attention and should be supervised for several days so that prompt medical care can be sought should symptoms begin to manifest.

Consequences of head and brain injuries

Consequences of brain injury can range from physical, to emotional, to behavioral, to cognitive problems. A common result of brain injuries are concussions and comas. Concussions may be mild to severe, involving a range of effects, including nausea, vomiting, dizziness, headache, blurred vision, slurred speech, loss of balance or coordination, fatigue, confusion, and more.

Victims with more severe brain injuries may experience a resulting loss of short-term or long-term memory, problems concentrating or directing attention, muscle weakness, speech problems, emotional disorders, cognitive disabilities, personality changes, social ineptness, agitation, restlessness, loss of motor skills, listlessness, and more. In the worst injury cases, the victim may never recover consciousness or may be rendered helpless, immobile, and totally dependent on others for every personal need.

How a personal injury attorney can help

Because of the catastrophic effects that a head injury can cause, victims and their families may need extensive medical resources long into the future. This will often be combined with the injured person’s inability to work and resulting loss of earnings, the distress, pain, and suffering of the victim and his or her family, as well as other out-of-pocket expenses incurred throughout the days or months following such an injury.

At the J. Gonzalez Law Firm, we are well attuned to the difficulties faced by injury victims and their families. We are prepared to handle all of the legal details necessary to present an effective injury claim to the insurance company which will result in maximum benefits.

If a proposed out-of-court settlement is not commensurate with the injuries, the J. Gonzalez Law Firm will aggressively litigate on behalf of the victim in court. We have achieved many favorable case results in this field, including millions of dollars in recovery compensation for our clients.

Call us today at 1-800-CAR-CRASH for a free, no-obligation consultation.

Source: https://www.krgv.com/news/man-sustains-head-injury-after-being-struck-by-vehicle-outside-stripes-store-in-mission

A 10-year-old Edinburg girl who was injured in a July 24 drunk driving crash that killed three of her family members has succumbed to her injuries.

Shailey Rachel Martinez died at 1:00 a.m. July 28, according to a press release issued by the Edinburg Police Department.

Three of her family members were killed at the scene of the accident, including 50-year-old Luz Aurora Casado, 68-year-old Maria Guadalupe Zavala Casado, and her granddaughter, 2-year-old San Juan resident Ellieana Santoy.

Martinez was Luz Aurora Casado’s niece.

Police identified the suspected drunken driver as 46-year-old Shen Li Jiang of Edinburg, who remained in critical condition at the time of this writing. Jiang had been facing three counts of intoxication manslaughter, but is likely facing a fourth count should he recover from his injuries.

Amending a personal injury complaint

Plaintiffs in personal injury cases want to ensure they have all the facts to prove the causes of actions that they want the defendant to be found liable for. However, if the plaintiff discovers new facts after filing the complaint, the plaintiff may be allowed to amend the complaint in order to prevent the cause of action from being dismissed.

Generally, a court may, in furtherance of justice, allow a party in a lawsuit to amend any pleading or proceeding. It is judicial policy to resolve all disputes between the parties on their merits. This is why a court may allow amendment of the pleadings to put all such disputes at issue at the time of trial.

To amend a complaint, a plaintiff may need to make a motion to permit an amendment to a pleading. A motion usually involves a court hearing so that each side may have due process on to argue whether or not the court should let the plaintiff go forth with the amendment. For the defendant, there may be some prejudice or inconvenience involved when a complaint is amended. For the plaintiff, if a plaintiff is not allowed to amend a complaint, the plaintiff may not be able to properly present a case.

An amended complaint relates back to the filing of the original complaint so long as both pleadings (1) rest on the same general set of facts, (2) involve the same injury, and (3) refer to the same instrumentality. This means the defendant may not defend based on a statute of limitations expiring.

Contact J. Gonzalez

If a plaintiff leaves something out of an amended complaint, he/she cannot go back and add it unless the defendant agrees to or the court permits the plaintiff to file a second amended complaint. Also, if the plaintiff leaves something out and the case reaches the trial stage, the plaintiff cannot ask for something that wasn’t in the complaint at the trial. It must be in the amended complaint or the original complaint if the plaintiff never amended the original complaint.

It is best to leave these tasks in the hands of an experienced Texas personal injury lawyer who can properly write and file your amendment/s. The personal injury attorneys at the J. Gonzalez Law Firm are experts in complex cases and are ready to represent you. Call today for a free consultation at 1-800- CAR-CRASH.

Source: https://myrgv.com/local-news/2023/07/28/10-year-old-girl-hospitalized-in-edinburg-crash-dies/

A 39-year-old Belton, Texas man died July 26 after a police chase that ended with him crashing into the south embankment of a canal, according to a press release from the Texas Department of Public Safety.

The man was identified as Bruce Theodore Garcia.

According to the Alton Police Department, the vehicle chase started about 9:00 p.m. when one of its officers tried to make a traffic stop on Los Ebanos Rd, but the driver refused to stop and attempted to flee.

“The driver of the Pontiac evaded (by) traveling through a cul-de-sac, and crashed into a canal on Los Ebanos Road south of Mile 4 Road,” the release said.

The Pontiac, driven by Garcia, rolled onto its left and top after crashing into the south embankment of the canal, the document goes on to say.

Garcia died at the scene, and DPS troopers continue to investigate.

Who can be held responsible for a crash after a police chase?

In most Texas cases, the party at fault is the one who had a duty of care to the person injured and who is later determined to have violated that duty. With this in mind, the parties who are typically found liable for causing police chase accidents are:

The suspect                                                              

All drivers owe a duty of care to other road users, and the dangerous driving behavior of a chase can be seen as a breach of that duty. The suspect can be sued in court if he or she collided with another car, or if the suspect’s actions caused injuries or property damage. If a victim suffers emotional distress as well as physical injuries, the suspect may be liable for the cost of mental and emotional recovery.

Police officers and departments

It is difficult to sue law enforcement officers and/or their agency for injury compensation, it’s not impossible. Texas and some individual cities have specific pursuit procedures so as not to place anyone’s life or property at undue risk. If those procedures are not followed, and a person is injured or property is damaged, the police agency can be sued for damages.

Even the offenders themselves can file suits against police officers or the police department after an injury.

Depending on the circumstances, the municipalities where the police departments are located can be held liable for crash injuries if there weren’t safeguards in place to prevent the behavior or if the crash resulted from a failure to adequately train police officers in pursuit procedures.

Contact the J. Gonzalez Law Firm

Lawsuits resulting from police pursuits tend to be legally complex and difficult to navigate. That’s why you need the knowledge and expertise of the personal injury attorneys at the J. Gonzalez Law Firm. Time and again our firm has risen to the challenges of the most difficult cases, and it all begins with a free, no-risk consultation.

Get the ball rolling today by calling 1-800-CAR-CRASH, or by chatting with one of our representatives on this website.

Source: https://myrgv.com/local-news/2023/07/27/man-chased-by-alton-police-dies-after-crashing-into-canal-embankment/

EDINBURG — A July 24 crash in Edinburg has claimed the lives of three family members. The collision, according to Edinburg Police, was caused by a drunken driver.

“It all comes down to what we believe, that we suspect, that an impaired driver made a decision to get behind the wheel of a vehicle and drive a 4,000 pound bullet into oncoming traffic that caused injuries to this family,” Police Chief Jaime Ayala said at a news conference following the crash.

The accident occurred about 9:14 p.m. in the 2200 block of South Jackson Road. The preliminary investigation indicates the driver of a black pickup truck veered into the oncoming lane and collided head-on with a minivan occupied by the three victims.

The victims have been identified as 50-year-old Luz Aurora Casado, Casado’s 68-year-old mother, Maria Guadalupe Zavala Casado, and Casado’s two-year-old daughter, Ellieana Santoy. A fourth family member, 10-year-old Shailey Rachel Martinez, was listed in critical condition at this writing.

Police identified the suspected drunken driver as 46-year-old Shen Li Jiang of Edinburg, who was also in critical condition at the time of this writing. Chief Ayala said Jiang would be charged with three counts of intoxication manslaughter and possibly a fourth charge of intoxication assault should he recover from his injuries.

“The Edinburg Police Department is providing support and assistance to the affected families during this difficult time,” authorities further stated in a news release. “Investigators are continuing to process the scene to gather all relevant evidence and piece together the events leading up to the collision.”

Non-economic damages in Texas

The above accident, according to police, has devastated the lives of surviving family members. It demonstrates why personal injury claims are designed to recover more than just medical bills and loss of income.

Non-economic damages are more difficult to calculate than economic damages. These types of damages include compensation for the physical, mental, and emotional pain that result from car accidents.

Texas state law states that crash victims can recover non-economic damages for:

• Pain and suffering
• Emotional pain
• Anxiety and stress
• Loss of companionship
• Loss of ability to have sexual relations (consortium)
• General inconvenience

Victims need the best legal representation possible

Non-economic damages are extremely subjective in nature. The jury will have to rely on its belief about what these damages are worth in dollar terms. There are currently no caps on pain and suffering in Texas (except in medical malpractice cases).

A personal injury attorney from the J. Gonzalez Law Firm can be your best asset on your road to emotional recovery. Our expertise and experience in calculating non-economic damages provide the best chance at securing the maximum compensation for your losses.

The J. Gonzalez Law Firm will work closely with you to investigate the accident, gather evidence, and calculate the full extent of your damages. Most of all, you’ll be treated with compassion and dignity in the aftermath of a traumatic event.

No one wants to go through the emotional pain of a devastating car accident, but if it happens, you want the best representation possible to get the compensation you need and deserve. Contact the J. Gonzalez Law Firm today to discuss your case at 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2023/07/25/drunk-driver-blamed-for-edinburg-crash-killing-three-generations-of-a-local-family/

STAFF REPORT

BROWNSVILLE — A woman and two children were transported to a local hospital following a crash with an 18-wheeler. This, according to a news release issued by the Brownsville Police Department.

Police received a call July 20 of a major accident at 9:03 a.m. at the 6900 block of Padre Island Hwy where an 18-wheeler crashed into a vehicle, the news release stated.

One woman and two children were transported to a local hospital with non-life-threatening injuries, police said.

No other details of the accident were provided.

Personal injury claims on behalf of minor children

Texas defines a “minor” in various ways. According to Texas Family Code, a minor is someone under the age of 17. A minor according to the Texas Criminal Code is someone under the age of 18. A minor can also be “emancipated” under the law, if they are 17 years old, and managing their own finances, or if they are 16 years old, and living apart from their parents and managing their own finances.

Minors are unable to file lawsuits without the assistance of a parent or guardian. However, if a minor is injured because of another person’s negligence, they can (though their parents or guardian) file a claim for compensation.

Minors are entitled to recover losses for their injury, disability, pain and suffering, future loss of income (when they become an adult), disfigurement, and anything else that an adult can recover. Even if the minor is working, the income legally belongs to the parent, so past lost income incurred while the injured person was a minor is a claim that legally belongs to the parent.

What can the parents recover?

Parents can seek to recover medical bills, lost wages, and other “bills” that were incurred on behalf of the injured minor while they were a minor. Once the injured person is no longer a minor, all bills incurred after that date are the responsibility of the injured person.

How long do the parents have to sue?

In Texas, parents have two years from the date of injury to sue or settle their case for their injured minor’s bills, lost income, etc.

Get legal advice quickly

The laws governing minor injury can be complicated. If your minor child was injured due to the negligence of another, you should contact the J. Gonzalez law Firm immediately.

It will cost you nothing to discuss your case with one of our experienced and professional personal injury attorneys. Please contact our office at 1-800-CAR-CRASH to find out what you need to do to protect your rights and your child’s rights.

Source: https://www.valleycentral.com/news/local-news/bpd-woman-2-children-hospitalized-after-crash-with-18-wheeler/

EDCOUCH — An 87-year-old woman has died of injuries she sustained in a two-vehicle crash in Edcouch, according to police.

The incident occurred July 18 on Highway 107, west of Mile 2.

Edcouch PD said in a news release that two other women and a five-year-old boy were also injured in the crash, and were taken to a local hospital. Their condition or the nature of their injuries were not immediately known.

Police have not released the names of anyone involved in the crash. Investigators were said to be taking statements from witnesses and those who were taken to the hospital.

No other information was available.

Senior driving quick facts

Even though people older than 70 drive far less frequently than other age groups, they still account for a large proportion of fatal car accidents, according to the National Highway Traffic Safety Administration.

Furthermore, according to the Insurance Institute for Highway Safety Highway Loss Data Institute, per 100,000 people, people over 70 were responsible for 4,192 deaths in the year 2014. 27 percent of multiple-vehicle intersection crashes were caused by the 70-74 age group in 2014, according to the same organization.

Restrictions

If a person’s continued fitness to drive is in doubt, Texas licensing agencies may require renewal applicants to undergo physical or mental examinations or retake the standard licensing tests (vision, written, and road). After reviewing a person’s fitness to drive, the Texas Department of Public Safety (DPS) may allow the person to retain the license or refuse to renew it

Typical restrictions can include:

• prohibited nighttime driving
• requiring additional vehicle mirrors
• restricting driving to specified places, and
• limiting the distance an older person can drive

Contact J. Gonzalez

If you’ve been injured in an accident by a negligent driver (regardless of their age) contact the car accident experts at the J. Gonzalez Law Firm. We have help you get the compensation you deserve and need in order to get your life back to normal. To schedule a free consultation, call 1-800-CAR-CRASH.

Source: https://www.valleycentral.com/news/local-news/pd-87-year-old-woman-dead-in-two-vehicle-crash/

Valley Morning Star Staff Report

SAN BENITO — Family and friends remember Abigail Tellez-Vargas and Manuel Vargas-Regalado as San Benito High School sweethearts who worked together to build the American dream in California.

Earlier this week, they were among six people killed when their business jet crashed in the rolling hills of Riverside, Calif.

The couple left behind five children.

High school sweethearts

In 2008, City Commissioner Pete Galvan was among the couple’s class when they graduated from San Benito High School.

“They were high school sweethearts,” he said in an interview. “Manny and Abigail were the epitome of high school sweethearts that inspired the rest of our class. They were the inspirational couple here in San Benito whose success and inspiration we cherished. They stayed together through high school, starting their professional careers and building their success. Over social media, they became that power couple we all looked up to.”

American dream

At San Benito High School, Mayra Flores’ sister was also part of the couple’s graduating class.

“It’s so sad,” Flores, the former Republican District 34 congresswoman running to recapture the post a year after making Texas history as the first Mexican-born woman to win a congressional seat and the first Republican in more than 150 years to represent District 34, said in an interview. “They came from San Benito, moving to California, kept hustling and achieved the American dream. They left behind five beautiful children.”

On July 10, Flores’ Facebook post described the couple as “an inspiration to us all.”

“My deepest heartfelt condolences to the Téllez and Vargas family and the four other people on that plane,” she posted. “My thoughts and prayers are with you all. Manny and Abby were San Benito High School sweethearts living the American dream with their five beautiful children. They were truly an inspiration to us all. My heart hurts for their children. Please keep them in your prayers. Hug your loved ones — say I love you. Tomorrow is never promised. Rest in peace, Abigail and Manny.”

Investigation

The Federal Aviation Administration and the National Transportation Safety Board are investigating the Cessna C550’s July 8 pre-dawn crash near French Valley Airport in the Murrieta Hills.

About an hour after leaving Harry Reid International Airport in Las Vegas at about 3:15 a.m., the business jet was trying to land in heavy fog when it crashed about 500 feet short of the single-runway, bursting into flames during its second approach to the airport in Murrieta.

Riese Lenders, 25, of Rancho Palos Verdes, who had received his commercial pilot’s certificate in April, was piloting the plane along with Vargas-Regalado, 32, the co-pilot, at the time of the crash, Michael Morris, the plane’s owner, said.

Morris said he had received a call from Vargas-Regalado, manager and lead pilot of his flight company, who told him he had wanted to take a few people to Las Vegas in one of the planes.

Tellez-Vargas, 33, was a real estate agent from Murrieta when she died along with her husband. The other victims were Ibrahem Razick, 46, of Temecula; Alma Razick, 51, of Temecula; and Lindsey Gleiche, 31, of Huntington Beach.

J. Gonzalez Law Firm extends its condolences

On behalf of J. Gonzalez and the entire staff of the J. Gonzalez Law Firm, we extend our deepest condolences to the families and friends of Abigail Tellez-Vargas and Manuel Vargas-Regalado. As evidenced by the outpouring of affection from across the San Benito area, Abigail and Manuel served as inspirations and role models for many in the community.

It is our sincerest hope that their legacies will provide a beacon of inspiration in the San Benito community for generations to come.

Source: https://myrgv.com/publications/valley-morning-star/2023/07/11/friends-mourn-san-benito-power-couple-who-died-in-plane-crash/