A 49-year-old Edinburg man has succumbed to his injuries after being struck by a vehicle as he was riding his bicycle. According to the City of Edinburg, Pete Centeno was struck by a vehicle July 7 about 11:00 p.m. in the 1000 block of East University Drive.

Centeno died two days later at DHR Health Hospital, the city stated.

The city has not released details of how the accident occurred, the type of automobile involved, nor the name of the driver. The city has stated that the incident is under investigation, however, no charges have been filed against the driver, who remained at the scene following the accident.

Texas bicycle accident statistics

Texas consistently ranks as one of the most dangerous places for bicyclists to travel. According to the Texas Department of Transportation (TxDOT), approximately 60 bicyclists are killed in bike accidents in Texas every year. Houston is one of the 10 most dangerous cities for bicyclists in the United States, and within Texas, Travis County had the most bike accidents from 2010 to 2016 (1,985 accidents).

Bicycle accidents can cause serious injuries

Because of the lack of protection surrounding the cyclist, bicycle accidents tend to result in more severe injuries than car accidents. The most common injuries sustained in bicycle accidents include:

• Traumatic brain injuries
• Head or neck injuries
• Spinal cord injuries
• Broken or fractured bones
• Internal organ damage

Who can I sue for my bicycle accident?

If you’ve been involved in a bicycle accident, you can sue anyone who may have caused or contributed to the accident. In most cases, bike accidents are caused by a negligent driver. But, sometimes bike accidents are caused by the town (if the road wasn’t properly maintained) or by the manufacturer of the bike (if the bike was defective).

Bicyclists have the same rights as motorists when it comes to collecting damages for their injuries, which means they can receive compensation for:

• Current and future medical expenses
• Pain and suffering due to injuries
• Emotional trauma
• Lost wages or time at work

Call the J. Gonzalez Law Firm

The J. Gonzalez Law Firm helps individuals who have sustained injuries in accidents recover the full financial compensation they deserve. Sometimes a case that seems simple at first may become more complicated, but we have the expertise and experience the win even the most complex cases. Call us today for a free, no-obligation consultation to find out if we can represent you in your case. Our number is 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2023/07/08/edinburg-cyclist-in-critical-condition-after-being-struck-by-vehicle/

EDINBURG – Two Edinburg men were killed, and six people were injured when two vehicles crashed July 2 near Edinburg, state troopers said in a news release.

The two victims are identified as 41-year-old Domingo Rodriguez, and Mateo Guzman Lopez (age unknown). Both men were Edinburg residents.

According to a DPS news release, Rodriguez was driving south on Kenyon Road at around 7:20 p.m. when he “failed to yield the right-of-way at a stop sign” at the intersection of FM 2812. The report states the vehicle was struck by an eastbound Chevrolet Suburban, killing Rodriguez and his passenger.

The driver of the Suburban and five passengers were taken to a hospital with “non-life-threatening injuries.”

DPS Troopers are still investigating the details of the crash.

Do I still have a claim if the at-fault driver dies?

Claims for compensation are based on whether someone else’s negligence directly resulted in your damages. Therefore, it’s generally not relevant to the claim whether the negligent party lived or died.

Like most other states, Texas is an at-fault state, which means that every driver is required to carry liability insurance in case of an accident. When that person causes a crash, the injured party may then file a claim for compensation with the liable party’s insurance company, which should kick off a process of negotiation to reach a settlement agreement.

When the parties cannot agree on a settlement, a lawsuit may be necessary.

Filing a lawsuit against a deceased driver

In cases when the at-fault driver dies, the lawsuit would then be filed against the decedent’s estate. This is where the issue gets more complicated. The liability insurance company would still defend the case and be the one that pays the damages, so long as there is enough insurance to cover those costs.

If there isn’t enough insurance to cover the costs of damages, the decedent’s estate may need to pay out the difference. To get the estate to pay usually requires a process called probate, where a court recognizes a person’s death and makes payments of the person’s debts.

Gonzalez is prepared to help

Our attorneys are prepared to help you file a claim through probate court so you may recover the compensation you need, even from a deceased driver’s estate. But the first step is to gather the facts of the case.

The J. Gonzalez Law Firm offers a free, no-obligation consultation to determine whether or not you have a possible case. If we agree to represent your case, you pay us nothing unless we win your case. Call us today at 1-800-CAR-CRASH to get the compensation you deserve!

Source: https://myrgv.com/featured/2023/07/02/double-fatality-near-edinburg-under-dps-investigation-as-road-deaths-climb-valleywide/?fbclid=IwAR3YGtNM_MR-Z7eAnER0vZ0_vqoud-9bbFZ4k9OYc-kRSrJ-GYF3KxuZTJ8

EDINBURG — Identification is pending on a man who was killed by a hit-and-run (and possibly drunken) driver.

According to the Texas Department of Public Safety (DPS), the victim was struck by a vehicle at approximately 4:26 a.m. July 2 on FM 907 (Alamo Road) and Wisconsin Road, east of Edinburg.

According to the DPS news release, the driver failed to stop and render aid to the victim who died from his injuries at the scene. The DPS report states that troopers later found the suspected driver at the intersection of Canton Road and FM 907 sitting in a silver GMC Sierra. The vehicle showed front left damage and blood stains, according to the report.

“The initial investigation determined that the suspect vehicle was the GMC Sierra that struck the pedestrian,” DPS said.  “The driver of the GMC showed signs of intoxication and performed a series of standardized field sobriety tests.”

The driver is identified as 40-year-old Pharr resident, Juan Antonio Perez. He has been arrested on charges of intoxication manslaughter and was booked into the Hidalgo County Jail.

The identity of the victim had not been released as of this writing.

What is the average settlement for wrongful death lawsuits in Texas?

Families that have suffered a loss of life related to an accident often ask, “What is the average settlement for a wrongful death claim in Texas?” Asking this question is understandable, because people are forced to make the critical decision of whether or not to pursue a lawsuit related to the loss of a loved one.

Each wrongful death and survivorship lawsuit is different. For this reason, it is impossible to provide an estimate as to what a wrongful death lawsuit is worth in any given situation.

In Texas, one wrongful death case might settle for $100,000, while another wrongful death claim might settle for $100,000,000. Many factors have to be considered.

To calculate compensation, the court will total all the associated economic and non-economic damages, including:

• Medical bills
• Loss of earnings
• Lost benefits of the deceased
• Funeral expenses
• Property damage
• Pain and suffering
• Mental anguish of survivors
• Loss of consortium

At the J. Gonzalez Law Firm, our experienced wrongful death lawyers have secured many settlements for families in lawsuits related to a loss of life.

If you have lost a loved one to an incident involving wrong death and seek information into the range of compensation available to support your family’s future, contact us today. A skilled wrongful death attorney can sit down with your family to discuss all the details and lay out the best avenue to pursue your compensation.

This confidential no-obligation case consultation is free of charge and if we take on your case you owe us nothing unless we achieve the full compensation you deserve. Call us today at 1-800-CAR-CRASH to find out what we can do on your behalf.

Source: https://www.valleycentral.com/news/local-news/dps-man-killed-in-a-hit-and-run-by-drunk-driver/?utm_source=facebook.com&utm_campaign=socialflow&utm_medium=referral&fbclid=IwAR2X020UEMID5a-t8jv4WuqUuUBvriqBTpVgl3NWP7956YClRTc_z4tILxY

The Texas Department of Public Safety (DPS) is investigating a two-vehicle crash that claimed the life of a 61-year-old Mercedes man. According to DPS, the collision happened June 23 at about 9:59 p.m.

According to a news release, 61-year-old Benigno Montiel of Mercedes was driving south on Farm Road 491 in a 2008 maroon Ford Mustang. The DPS report states Montiel ran a stop sign at the intersection of U.S. Highway 281, and his vehicle crashed into a semi-truck towing a tanker trailer.

“(The Mustang) drove under the tanker’s undercarriage, and (was) dragged several feet before stopping on the right side of the bar ditch,” DPS said in the release.

The report states Montiel died at the scene due to his injuries. No charges have been filed in connection with the crash.

Summary of Texas’ Comparative Fault Laws

When it comes to Texas personal injury claims and car accidents, fault or liability is a big issue. Generally speaking, the more liable a claimant is, the more trouble he or she will have when trying to get compensation from the other party.

The State of Texas handles the fault issue through a 51 percent modified comparative negligence law. What this means is that a claimant can demand compensation from a defendant as long as that claimant is less than 51 percent at fault for their own injuries and damages.

Once a claimant is 51 percent liable, or greater, the court will block their attempts to file a claim or lawsuit against the other party (or parties). The same applies to families seeking compensation for the death of a relative.

Texas’ modified comparative negligence law also means a claimant’s recovery will be reduced by a percentage equal to their liability.

Example: a truck accident claimant sues a trucking company for $100,000 in damages. But, an investigation finds that the claimant was 40 percent at fault for causing their own injuries. In this situation, the largest settlement offer the claimant could expect would be $60,000. Of course, this presumes the case went to court and the plaintiff succeeded.

Legal representation is important

Because of Texas’ Comparative Negligence Law, evidence is the claimant’s most-effective tool for keeping their level of liability as low as possible. Convincing evidence can even prove (both in and out of court) that a claimant should not be seen as even one percent liable for their accident.

Everything from police reports to medical records can be useful, which is why you need someone like the J. Gonzalez Law Firm on your side to help you collect the vital evidence you need. If you need help collecting and using proof of liability for your claim, call us today at 1-800-CAR-CRASH for a free initial consultation.

Source: https://myrgv.com/local-news/2023/06/24/61-year-old-mercedes-man-killed-after-car-was-dragged-under-tanker/

Rio Grande Valley law enforcement agencies are partnering with the Texas Department of Transportation (TxDOT) to curb drunken drivers during the extended July 4 holiday weekend.

McAllen police are calling their campaign “Impaired Driving Mobilization Independence Day.” The Weslaco Police Department’s program is called the “Faces of Drunk Driving Campaign.” Other Valley law enforcement agencies are running similar programs.

In each case, officers will be increasing enforcement efforts against impaired drivers and other traffic violations. Valley police are advising motorists to plan ahead for a sober ride such as having a designated driver, calling a taxi, a sober friend or family member, using a ride share service, or staying home. All of the campaigns begin June 29 and run through July 9.

Along with police departments in the area, District Attorneys Toribio “Terry” Palacios of Hidalgo County and Luis V. Saenz of Cameron County announced their agencies will be enforcing the “No Refusal Weekend.” This means suspected drunken drivers who refuse a breathalyzer and/or field sobriety test will be arrested and jailed, and a court order will be sought to administer a blood test.

According to official records, 26 percent of 2022 traffic fatalities in the state of Texas involved a drunk driver. “On average, this translates to one person losing their life every 7 hours and 32 minutes, amounting to three lives per day,” Weslaco police said via Facebook. “Disturbingly, despite a 3% decrease in drunk driving-related traffic crashes from the previous year, the number of fatalities increased by 2% in 2022.”

Officials want to remind residents that driving while under the influence can result in death, and “lead to severe and often irreversible physical, emotional and financial consequences” for those involved.

Not only can incidents stemming from driving while intoxicated or driving under the influence cause irreversible damage but it can also be a financial burden, result in legal trouble, hinder job prospects, cause distrust from loved ones and instill a lifetime of regret, Weslaco police warned.

“(One) in 4 traffic deaths on Texas roads is caused by drunk drivers, about 38% of the total traffic fatalities during the Fourth of July holiday reporting period in Texas involve drivers under the influence of alcohol,” the Cameron County DA’s office said in a news release.

District Attorneys Gocha Allen Ramirez of Starr County and Annette Hinojosa of Willacy County as well as police officers in those counties are also participating in the stepped up enforcement.

J. Gonzalez Law Firm supports campaigns against drunken driving

The J. Gonzalez Law Firm supports our men and women in blue and we agree that the effort to curb drunken driving is everyone’s responsibility. Our staff wants everyone to have a safe and patriotic Fourth of July weekend, but if you’re going to consume alcohol please call a designated driver, a taxi, a sober friend or family member. Just don’t get behind the wheel!

If you should happen to be injured by a drunken driver, call us at 1-800-CAR-CRASH for the best legal representation possible!

Source: https://myrgv.com/local-news/2023/06/24/valley-law-enforcement-agencies-launch-campaigns-targeting-drunk-driving/ 

PORT ISABEL — The Texas Department of Public Safety (DPS) is investigating a fatal one-vehicle crash. The accident happened June 25 around 3:11 a.m. just south of Port Isabel.

According to a DPS news release, 18-year-old Damian Martinez of Brownsville died after he was ejected from a 2008 Mercedes Benz. Martinez was driving eastward on State Highway 48 when he approached a curve and, “went over the shoulder and through a grassy area,” the release stated.

DPS says the vehicle rolled over multiple times, and Martinez, who was not wearing a seat belt, was ejected from the automobile. He was pronounced dead at the scene.

An unidentified passenger was taken to Valley Regional Medical Center in Brownsville, but his condition was not immediately known.

DPS believe alcohol may have been a factor in the crash, but the agency is waiting for autopsy results.

The crash is under an ongoing investigation.

Seat belts and personal injury cases

Under Texas law, it’s mandatory for drivers and all passengers wear a seat belt when driving or riding in a vehicle on a public road. Wearing a seat belt has become a habit for most of us most of the time, but sometimes we forget, and once in a while we might momentarily unbuckle to adjust our clothing, or reach for something.

If you’re involved in an accident when you aren’t wearing a seat belt, you can be given a ticket even after a crash. More importantly, you could suffer much more significant injuries because of it.

Impact on personal injury claim

Not wearing a seat belt can have a negative effect on your personal injury claim, especially if the injuries could have been avoided by wearing one.

That doesn’t mean that you can’t file a personal injury claim if the accident happened because of someone else’s negligence. Regardless of whether you were wearing a seat belt or not, you wouldn’t have gotten hurt if the other person’s vehicle hadn’t hit yours. So, it is still the liable party’s responsibility to compensate you for your injuries if they were the one who caused the crash.

If the victim was not wearing a seat belt at the time of the crash, the judge in the case can choose to lower the compensation, depending on the circumstances. For instance, if a victim is seeking $1,000,000 in compensation to cover their losses, the judge may reduce that award to $500,000 if he/she rules the victim was partially at fault for their own injuries by failing to wear a seat belt.

Legal advice

Every case is different when it comes to the use of seat belts. In some cases, wearing a belt wouldn’t have changed the outcome at all. In others, it would have made a significant difference. The personal injury attorneys at the J. Gonzalez Law Firm can review the circumstances of your case, and let you know if it could hurt your personal injury claim. If we take on your case, we will still fight to get you as much compensation as possible to cover your losses. Call us today for a free, no-obligation consultation at 1-800-CAR-CRASH.

SAN ANTONIO – San Antonio police report a teenager is in critical condition after being hit by a car on the city’s south side. According to a SAPD news release, the incident happened June 22 about 10 p.m. in the 6300 block of South Flores Street.

The news release states that the boy had run out onto the street, and was walking westward when he was hit by a black 2010 Ford Focus traveling south. Police said the nearest marked crosswalk was roughly 200 feet away.

The victim, whose name was withheld due to his age, was taken by ambulance to University Hospital. At last report, he was listed in critical condition.

SAPD states in its news release that the driver of the sedan did stop to render aid, and that no charges are expected to be filed. However, the investigation is ongoing, police said.

Personal injury claims for minors

Personal injury claims for minors differ from adult claims simply because minors are not legally able to sign contracts. When the need for a personal injury claim on behalf of a minor arises, the parties would file what’s called a “friendly suit.”

The parties in a friendly suit are the person accused of causing injury to the minor (usually represented by the insurance company) and the representatives of the minor (usually the parents). These lawsuits are required because a judge must approve personal injury settlements involving minors.

Judicial approval is needed because there are situations in which the interests of the parents do not align with the interests of the minor. The court handles this by appointing a “guardian ad litem.” This is a legal term for an attorney who is appointed to act in the best interests of and for the sole benefit of the minor who was injured.

Patience and expert legal advice are essential

As you might expect, personal injury claims on behalf of minors are often time-consuming and tedious. Investigations must be conducted. The child’s injuries must be thoroughly documented. A “prove-up hearing” must be conducted. The guardian ad litem and the judge must decide if they are in favor or against the proposed settlement.

Furthermore, a decision has to be made whether the settlement will be invested in an annuity or placed in a registry of the court until the minor becomes an adult.

All of this takes time and expertise to navigate, and the J. Gonzalez Law Firm is the team you want on your side to get you through it. We have the patience, knowledge and skills needed to ensure your child’s interests are kept front and center.

If you would like more information on personal injury claims involving minors, please contact us for a free, no-obligation consultation today at 1-800-CAR-CRASH.

Source: https://www.ksat.com/news/local/2023/06/23/16-year-old-boy-hit-by-car-on-south-side-sapd-says/

SAN ANTONIO – A woman in her 30s lost control while driving and crashed into a home, according to San Antonio police. The crash happened June 19  at around 6:20 p.m. in the 200 block of Oak Knoll Drive.

According to a news release, the woman, whose name was not immediately released, lost control of her car at a curve, and went through one home’s yard before going through another’s fence and into a second home, leaving a hole in that house.

The woman was reported to have only minor injuries, including seat belt bruising and a bump on the head. She was given a sobriety test at the scene but was not deemed intoxicated, police said.

SAPD said the home and car had significant damage, and the first homes’ water and gas lines were plugged as a safety precaution.

If you are injured by a car crashing in your house

In this scenario, a personal injury claim would be handled in much the same way as if you were a pedestrian and you were hit by a car. The at-fault party would be responsible for paying your medical bills, so it’s essential that you have a medical professional evaluate your injuries and assign a treatment regimen to recover fully from the injuries you just suffered.

The at-fault party would also be liable for the damages caused to your house. Suing for this type of damage can be time-sensitive and requires you to provide corroboration before being adequately compensated for your financial loss. As you might expect, corroborating your side of the story is not the simplest thing in the world to do.

You should consider contacting a personal injury law firm on a contingency fee basis and the law firm can help conduct a thorough investigation of all the damages to your person and to your property.

The J. Gonzalez Law Firm is ready to hear your side of the story, and if we decide to take your case, you won’t owe us a dime unless we successfully the maximum settlement or judgement you deserve. Call us today at 1-800-CAR-CRASH to find out how we can work for you!

Source: https://www.ksat.com/news/local/2023/06/20/sapd-driver-loses-control-crashes-into-northwest-side-home/

KENDALL COUNTY – Five people were killed in a June 19 crash northwest of San Antonio, officials said. According to the Kendall County Sheriff’s Office, the collision happened about 7:30 a.m. in the 900 block of Highway 87 North.

The Texas Department of Public Safety (DPS) is leading the investigation into the crash, and according to a preliminary report, a white vehicle with four men inside was traveling northbound on Highway 87, and one man was driving his black vehicle southbound.

According to DPS, the white vehicle passed in a no-passing zone and collided head-on with the black vehicle near the center of the highway.

DPS has identified the victims as:

Nelson Rivera-Aguilar, 32

Orlando Machorro-Ramos, 16

Jose Gonzalez-Galvez, 30

Kevin Portillo, 28

Nathan Malosh, 32

The complete facts in the accident outlined above are still not known, but the incident does raise an important question.

Can I file a car accident case if the at-fault driver also died in the crash?

The answer is yes, but the process will likely be more complicated if the defendant in your case has died. The same is true whether the defendant died in the crash or after the crash but before the case is settled.

An experienced car accident attorney like J. Gonzalez can guide you through the legal process and ensure your rights stay protected, so you get a fair settlement for your claim.

Settlement through an insurance policy

The deceased driver’s insurance policy may compensate you for any injuries you suffered from the accident. In cases where the defendant’s insurance policy doesn’t cover all the expenses, then your own insurance policy may provide additional compensation under uninsured motorist coverage. Each insurance company and policy may vary by state, and how much coverage was purchased prior to the accident by both parties.

Recovering damages from an estate

An injured party can also file a claim against the estate of the deceased. However, there are specific (and often complicated) steps that will need to be followed.

Probate court will handle all assets of the deceased defendant and any outstanding debts owed by them. The court will settle any debts such as lawsuits and work to get the case settled. If there is a current claim against a person’s estate and they pass during the claim’s process, the estate has to legally notify you of their death. There is a set timeline to file a claim with the probate court.

Contact the J. Gonzalez Law Firm

The J. Gonzalez Law Firm will make sure your case is filed within the necessary timeframe, and will meet all the other legal requirements. If the claim is against the deceased defendant’s estate, J. Gonzalez and his experienced personal injury attorneys will ensure all probate regulations and deadlines are met.

Don’t wait until it is too late. Contact the J. Gonzalez Law Firm for a free consultation. We will provide the best possible representation for your case from the beginning until the end. To set up a confidential appointment, contact us via this website or by calling 1-800-CAR-CRASH.

Source: https://www.kens5.com/article/news/local/fatal-accident-in-comfort-officials-say-texas-fatality-accident-crash/273-11602847-8b54-468b-9f6a-919b820438c8

McAllen police report a three-vehicle accident with no major injuries. The crash happened June 17 near Pecan Boulevard and McColl Road.

Media reports indicate all three drivers were taken to a hospital for evaluation, but were soon released after no major injuries were found.

Even minor accidents can cause injury

Many car accident injuries are a result of the body being tossed around and/or from the body reacting to the sudden motion. People involved in crashes should know that even a small fender bender can leave the body injured. Don’t make matters worse by telling yourself an accident was too small to leave you hurt. Always be sure to get a medical evaluation.

Symptoms can appear days after an accident

You know how you can feel sore days following a hard workout? Car accident victims experience similar sensations. You can feel fine right after an accident and then wake up a day or two later in moderate to severe pain.

To help prevent this, it’s important to see a doctor for a medical evaluation immediately following a car accident. A chiropractor can also listen to what happened in an accident and provide preventative care.

It’s harder to prove that your injury was caused by a crash if you wait

If you don’t get a medical evaluation right away, symptoms of an injury can appear days or weeks after your accident. However, if you wait that long to seek treatment, it will be harder to link the injury to the accident. So, to ensure the injury came from your accident and to have proof that says this, you need to seek medical treatment right away.

Call J. Gonzalez

If you have an injury that you suspect was caused by an accident, call the J. Gonzalez Law Firm. The consultation is free and we’ll be able to advise you whether your injury requires legal representation to compensate you for your losses. To find out more, call 1-800-CAR-CRASH.

Source: https://www.krgv.com/news/three-vehicle-accident-sends-all-occupants-to-hospital