J. Gonzalez

Death of tort defendant

If a personal injury defendant dies in a Texas car crash, the plaintiff can still pursue a lawsuit, but they must file the claim against the deceased defendant’s estate. That means the legal action would proceed against the personal representative of the estate instead of the deceased individual directly. This requires a formal substitution of parties in court to replace the defendant with their estate representative.

In Texas, immediate family includes the spouse, children, or parent of the victim.

Key points:

When naming an estate as defendant:

• It is up to the plaintiff ensure the lawsuit names the estate as the defendant
• The plaintiff must also identify and serve the legal documents on the executor or personal representative of the estate.

While the defendant’s death may cause a delay, it usually does not stop the lawsuit from moving forward. Depending on the jurisdiction, there may be specific procedures to follow when substituting the deceased defendant with their estate.

Contact J. Gonzalez

Wrongful death lawsuits can carry legal complexities that are best handled by having the very best personal injury attorney on your side.

J. Gonzalez and his team of expert personal injury lawyers have years of experience of winning even the most-complicated lawsuits imaginable. The have helped recover millions of dollars in settlements for families who were trying to heal following the death of a family loved one. Contact us today via this website, or by calling 1-800-CAR-CRASH.

19-year-old Edcouch man dies in crash

By: Benjamin Treviño

HIDALGO COUNTY – A 19-year-old Edcouch man died February 28 in a two-vehicle crash just outside of Edinburg.

The Texas Department of Public Safety said in a news release that the crash occurred at around 11:54 p.m. at the intersection of Farm-to-Market Road 2812 and Uresti Road.

The DPS news release states that a 2006 Cadillac CTS was traveling east on FM 2812 and “failed to maintain a single lane.” The report states that the Cadillac collided with a GMC Denali heading west on FM 2812.

“The driver of the Cadillac … drove onto the opposite lane of travel and collided with the GMC,” DPS said. “The driver of the GMC was transported to (DHR Health) in Edinburg.”

DPS identified the victim as Steve Lee Castillo, 19, of Edcouch, adding that he died due to his injuries at the scene.

DPS had not completed its investigation of the crash as of this writing.

Source: https://myrgv.com/local-news/2025/03/01/19-year-old-edcouch-man-killed-in-crash-on-fm-2812/

Impact of not wearing seat belts on personal injury cases

The impact of not wearing a seat belt in a car accident can be significant in personal injury cases. It affects liability, the severity of injuries, and the overall outcome of a legal claim.

When a person sustains injuries while not wearing a seat belt, the insurance company or opposing legal counsel may use this as a defense against the personal injury claim. They will argue that the individual’s own negligence in failing to wear a seat belt contributed to the severity of their injuries. It falls under Texas’ comparative negligence doctrine.

Texas judges will assess the degree to which the injured party’s actions (or inactions) contributed to the accident or the resulting injuries. If the judge rules that the individual’s failure to wear a seat belt was a contributing factor, their potential compensation can be reduced proportionately.

Contact J. Gonzalez

Crash victims can still recover damages even if they were not wearing a seatbelt, but it means having a smart personal injury attorney on your side.

J. Gonzalez and his expert team can help you understand the principle of comparative negligence and explain the reasons why you might still have a right to compensation.

You’ll be able to make an informed decision and maximize your chances of a favorable outcome.

Contact us today via this website or by calling 1-800-CAR-CRASH for a free consultation.

La Blanca man ejected, killed in crash

By: Benjamin Treviño

Authorities are investigating a February 28 three-vehicle crash east of Edinburg that left one man dead.

According to a Texas Department of Public Safety news release, the crash happened around 3:29 p.m. on State Highway 107 just east of Farm-to-Market Road 493.

The release states a black 2002 Chevrolet Tahoe was traveling east on 107 when an aqua 1992 Ford Roadster attempted to pass the Tahoe at an “unsafe speed.”

The Roadster struck the rear left back of the Tahoe, veered off the road and hit an unoccupied Ford Expedition parked on the roadside.

The report states driver was not wearing a seatbelt and was thrown from the vehicle and fatally injured.

The victim is identified as 42-year-old Martin Andy Perez Jr. of La Blanca.

Source: https://www.krgv.com/news/man-dies-following-three-vehicle-crash-in-hidalgo-county

J. Gonzalez

When you are injured in a car crash due to someone else’s negligence, you can file a claim for compensation to pay for any injuries and other damages you sustained as a result of the crash. The claim can be made against the individual, their insurance carrier, or any other party that shares the blame. But what can you do if the negligent driver flees the scene?

Difficult but not impossible

It might seem impossible to recover damages when the driver who caused the accident flees the scene of the crash. When this happens it’s usually because the driver is:

• Uninsured
• Unlicensed
• Intoxicated
• Has an outstanding warrant for arrest

Dos and Don’ts after your accident

Do not chase the fleeing driver

There is no point in chasing after the other vehicle, even if you can. It could be dangerous to do so (the other driver may be armed or the chase could end in another crash). It’s much more important to deal with any injuries you have, inform the police, and talk to anyone else who saw what happened.

Remember as many details as possible

If you are at all able to do so, the most important thing you can do is to record the license plate details of the driver who has fled. If that’s not possible, you may be able to at least jot down the color and make of the vehicle and any other distinguishing details, such customized body work.

Inform the police ASAP

A prompt phone call to the police might help them locate the fleeing driver and arrest him or her. It is illegal in every state to leave the scene of an accident without stopping. It is also a crime to leave the scene of an accident if someone has been injured.

Get an attorney’s help

An experienced personal injury attorney can explain potential legal options that might be available, depending on the facts of your case. The attorney might be able to find out if there are any nearby security cameras that might have caught the accident on video.

The attorney might also be able to find witnesses that the police may have overlooked. Don’t give up before you have a consultation first. The J. Gonzalez Law Firm will provide a free legal consultation to discuss the details of your accident. Connect with us today via this website, or by calling 1-800-CAR-CRASH.

Hit and run accidents happen more often than you might think. Below is a report on the most recent case in Edinburg.

Edinburg police seek hit-and-run suspect

By: Benjamin Treviño

EDINBURG – The Edinburg Police Department is asking the public’s help to locate a vehicle involved in a auto-pedestrian hit-and-run that occurred early February 22.

According to a news release, officers arrived in the 5000 block of West State Highway 107 around 3:08 a.m. in reference to a hit-and-run in the area.

At the scene, authorities found a 23-year-old male victim was transported to Mission Hospital where he is expected to recover, according to the release.

Police said they were informed that the suspect vehicle is an older model (2003-2006) Chevrolet Silverado that is either gray or tan in color.

The vehicle, which also had white front left and right quarter panels, fled the scene traveling eastbound on State Highway 107, police said in the release.

Authorities are asking anyone with information about the vehicle’s whereabouts to call the Edinburg Police Department at (956) 289-7700, or submit an anonymous tip by calling the Edinburg Crime Stoppers at (956) 383-8477.

Source: https://myrgv.com/local-news/2025/02/22/edinburg-police-seek-hit-and-run-suspect-one-hospitalized/

J. Gonzalez

Can a one-vehicle crash lead to a wrongful death case?

When two vehicles collide and a person dies, the immediate family members of the victim can bring a wrongful death claim against the driver they believe is to blame for the crash. In most cases, it can easily be determined who was at fault.

However, when a crash doesn’t involve another driver and vehicle, it becomes much harder to establish that someone other than the victim is to blame for their own death. There are certain situations that can potentially justify a wrongful death claim. They include:

Vehicle defects

In certain situations, the vehicle manufacturer can be held liable for an accident if it can be shown that a malfunction in the vehicle caused it. There have been many cases where certain makes and models of cars were found to have defects.

Stuck accelerators, broken wheels, and faulty fuel systems are just a few examples of defects that have caused crashes.

Road conditions

Poorly maintained roads can sometimes cause single-vehicle accidents. Bad lighting, weeds, and missing signage can contribute to these accidents. If this is the case, a wrongful death lawsuit could be filed against the government entity responsible for building, repairing, and maintaining the road.

Third-party negligence

Some one-vehicle accidents can be caused by the reckless driving of another motorist who then drives away when the victim’s car crashes. However, unless there is a camera in the area, liability in this case could be difficult – but not impossible – to prove. A thorough investigation that produces compelling evidence would be needed to assign blame.

Contact J. Gonzalez

While it can be challenging to show liability in a single-vehicle accident, it is important that you speak to the J. Gonzalez Law Firm before you give up. Our expert personal injury and wrongful death attorneys will give your case their personal attention and they might have some options for you. Contact us via this website, or by calling 1-800-CAR-CRASH.

In the meantime, the story below shows that the circumstances of one-car crashes are not always immediately clear.

Woman dies when truck plunges into Harlingen canal

By: Benjamin Treviño

HARLINGEN – Police in Harlingen are investigating the death of a woman whose body found in the cab a submerged pickup truck.

Police responded to the 2200 block of Multi National St. around 9:20 p.m. on February 21 after residents reported a crash in the area.

According to a news release, officers found a pickup truck flipped upside down in a roadside canal. They subsequently found a female victim inside the truck. The woman’s identity was being withheld at this writing, pending notification of next of kin.

According to the news release, police theorize the driver was traveling in the 2600 block of North Expressway 77, when she lost control of the truck, left the highway, and her vehicle ended up in the canal at Multi National St.

The investigation was continuing at this writing.

Source: https://myrgv.com/local-news/2025/02/22/woman-found-dead-inside-truck-that-crashed-into-harlingen-canal/

J. Gonzalez

Determining fault in a crash involving multiple vehicles is complex. Multiple parties may have contributed to the accident through negligence, requiring careful analysis of evidence like police reports, witness statements, and vehicle damage.

It requires a careful investigation to determine each party’s percentage of fault, which means you need the best possible legal representation on your side to ensure your rights are protected and that you get the maximum compensation you are legally entitled to .

Comparative negligence

Texas is a comparative negligence state, meaning that each driver’s degree of fault is considered when assigning liability. An injured party may still recover damages even if they are partially at fault. However, it much be less than 50% at fault.

Legal considerations

If multiple drivers are found at fault, an injured party may need to file claims against several insurance companies to seek full compensation. Due to the complexity of multi-vehicle accident cases, consulting with a personal injury attorney is crucial to navigate the legal process and ensure proper representation.

The personal injury attorneys at the J. Gonzalez Law Firm are experts at handling complex cases which can arise through no fault of the victim. Call 1-800-CAR-CRASH to set up a free no obligation consultation. In the meantime the story below is an example of a multiple vehicle crash with multiple unanswered questions.

Three-vehicle crash in San Benito leaves Brownsville man dead

By: Benjamin Treviño

CAMERON COUNTY – The Texas Department of Public Safety (DPS) is investigating a February 13 crash that left one man dead.

DPS said in a news release that troopers responded at about 8 p.m. to a crash that occurred on Farm-to-Market Road 732 south of Pennsylvania Avenue near San Benito.

The DPS preliminary investigation revealed that a Chevrolet Colorado truck and a Dodge Ram were traveling north on FM 732 and a Dodge Charger was traveling south on the same road.

The Charger, occupied by a sole driver, veered onto the northbound lanes and crashed into both trucks, DPS said.

The driver and passenger of the Ram were transported to Valley Baptist Medical Center in Harlingen, but the sole driver of the Chevrolet Colorado, 47-year-old Tomas Vasquez of Brownsville, died at the scene.

It was not clear from the report whether the driver of the Charger was injured in the crash. No other details were immediately available.

Source: https://myrgv.com/local-news/2025/02/14/brownsville-man-dead-after-three-vehicle-crash-in-san-benito/

J. Gonzalez Law Firm

Auto-pedestrian accidents are among the most devastating accidents in terms of the severity of injuries that can result. People walking or riding a bicycle are simply outmatched in a collision with a vehicle, even a small vehicle. The following are some of the most-common auto-pedestrian accident injuries.

Concussions / 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

Auto Pedestrian crash victims need a personal injury expert on their side

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. Continue reading below for an example of a recent auto-pedestrian accident that turned fatal.

Man dead in Pharr auto-pedestrian crash

By: Benjamin Treviño

PHARR — Authorities in Pharr are investigating a fatal auto-pedestrian accident on the Interstate 2 expressway. The accident occurred February 21 at mid-afternoon.

According to a news release from the Pharr Police Department, a man was attempting to cross the interstate on foot when he was struck by a vehicle.

He was pronounced dead at the scene. His identity was not immediately released.

Police say the driver of the vehicle stopped his car after the impact and remained at the scene to cooperate with the investigation. No other details were immediately available.

Source: https://www.valleycentral.com/news/local-news/man-dead-in-auto-ped-crash-after-attempting-to-cross-intestate/?utm_campaign=socialflow&utm_source=facebook.com&utm_medium=referral&fbclid=IwY2xjawIlwtlleHRuA2FlbQIxMQABHb2JQV5hQi10KaXcZWbz0uOR7q1LcShxdnz9MTJkKvwPbGFN1qpt1GPYdg_aem_eZChd9AP-6eZ_P7EHOtTXw

What can a family do if someone causes a wrongful death but can’t be found?

If someone causes a wrongful death but cannot be found, the victim’s family may still be able to file a wrongful death lawsuit. However, their chances of recovering damages are significantly reduced.

The reason is due to the difficulty in proving the responsible party’s negligence. There is also the issue of serving the defendant with legal documents. Here are some key points to consider if you find yourself in this situation:

Limited recovery options

The hard truth is that a family’s chances of recovering any money for the wrongful death of a loved one is impossible if the person responsible for death is not found. A standard wrongful death lawsuit begins with serving the defendant with legal documents, and that cannot be done if the defendant is unknown.

Investigating potential liable parties

The family may need to investigate if any other parties could be held liable, such as employers, property owners, or other individuals who may have contributed to the circumstances leading to the death.

Insurance claim

If the at-fault party is known, but has gone into hiding, the family may be able to file a claim with the defendant’s insurance company (assuming they had coverage). The family can then attempt to recover damages, but it will depend on the terms of the at-fault party’s policy.

Statute of limitations

In Texas, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. However, the limitation can be extended (or tolled) if the at-fault party deliberately goes into hiding. To successfully argue for tolling, the plaintiff must demonstrate that they made reasonable efforts to locate the defendant.

Consult a wrongful death attorney

At the J. Gonzalez Law Firm, we can assess your situation, explore potential legal avenues, and advise on the best course of action based on the specific details of the case and applicable laws. Beforehand, you should collect as much evidence as possible about the incident, including police reports, witness statements, and medical records. These can be crucial even if the responsible party cannot be found.

In some circumstances the J. Gonzalez Law Firm may be able to file a so-called “John Doe Lawsuit,” allowing the family to proceed with the case even without knowing the exact identity of the responsible party.

Contact J. Gonzalez today to discuss your options. We’re available via this website or at 1-800-CAR-CRASH.

Police search for driver in fatal hit-and-run

The Texas Department of Public Safety is searching for a driver who fled the scene after fatally striking a 15-year-old boy who was riding his bicycle.

According to a DPS news release, the incident happened about 3:00 a.m. on Farm-to-Market Road 1846 near County Road 278. The report states that the teen victim was riding his bicycle north on FM 1846, when an unknown vehicle traveling in the same direction struck the bicyclist from behind.

The driver left the scene without rendering aid to Schwartz, who died from his injuries at the scene.

DPS has identified the bicyclist as 15 year old Kayden Schwartz of Harlingen.

“The suspect vehicle is possibly between a 2023-2025 Ford F-250 or a larger Ford pick-up model, which is unknown in color with chrome trimming and front right damage,” DPS said in the release.

DPS officials urge those who know the whereabouts of the suspect vehicle and driver to call their office at (956) 565-7600.

Source: https://myrgv.com/alerts-vms/2025/02/09/driver-sought-in-bicyclists-hit-and-run-death-in-san-benito/

HIDALGO COUNTY – The Texas Department of Public Safety says a motorcyclist who was killed in a February 6 crash that was not wearing a helmet.

The crash occurred around 7:52 p.m. on Farm-to-Market Road 2220 north of Nopal Street.

According to a DPS news release, a motorcycle operated by a male driver was traveling north on FM 2220, and a Toyota Rav 4 (also occupied by one male driver) was traveling south on the same street.

The DPS report adds that the motorcyclist “failed to drive in a single lane, veering left onto the northbound lane of travel, and collided with the Toyota.”

The motorcyclist, identified as 31-year-old Sergio Cuellar Torres, was taken to DHR Health where he died due to his injuries. Torres, a McAllen resident, was “found without protective gear or a helmet” according to the DPS statement.

The driver of the Toyota has yet to be identified and his condition remained unclear as of this writing.

Can motorcyclists still sue for injuries sustained while not wearing a helmet?

Yes, bikers can still sue for damages if they were injured in a motorcycle crash while not wearing a helmet.

However, any compensation achieved through a negotiated or adjudicated settlement may be reduced due to the concept of comparative negligence, which the state of Texas follows. Comparative negligence means the court will assign a percentage of fault to all parties involved in the accident, including the injured party.

The victim’s lawyers will argue the absence of a helmet was not a factor in their client’s injuries, while the defendant’s representatives will argue that the injuries were worsened by not wearing a helmet, potentially reducing the amount the victim can recover.

Consult the J. Gonzalez Law Firm

Crash victims who weren’t wearing a helmet might still have a case for compensation if they’ve been injured in a motorcycle accident and weren’t wearing a helmet.

Keep in mind that these claims are complex, and having an experienced personal injury attorney is essential. The personal injury attorneys at the J. Gonzalez Law Firm have decades of experience successfully representing victims of motorcycle accidents who weren’t wearing a helmet.

If you or a loved one has been injured in a motorcycle accident, contact The J. Gonzalez Law Firm at for a free consultation. We’ll help you understand your legal options and fight for the compensation you deserve.

Source: https://myrgv.com/local-news/2025/02/07/mcallen-motorcyclist-killed-in-crash-not-wearing-helmet/

Elsa police are investigating an auto-pedestrian accident that injured a woman, according to a police department news release. The statement says the accident occurred January 28 at around 6:18 p.m. at the intersection of FM 88 and 4th Street.

According to the report, officers discovered 34-year-old Liliana Reyes had been struck by a 2021 Chevrolet pickup truck that was driven by 18-year-old Dellan Bermudez. Reyes was walking westbound across FM 88 when she was struck.

Reyes was taken to DHR Health in Edinburg, where she was listed in serious but stable condition as of this report. Bermudez remained at the scene and was cooperating with police, the statement concluded.

Auto-pedestrian injuries

For obvious reasons, victims of auto-pedestrian accidents can suffer more-severe injuries than victims of crashes involving two vehicles. These injuries can include:

• Bone fractures
• Traumatic brain injuries (TBIs)
• Spinal cord injuries
•  Internal injuries
• Soft tissue injuries

If you’re recovering from any one of these injuries, you could be facing a mountain of medical bills for which you’ll need compensation. In order to get that compensation, you’ll need the best legal representation possible, which is why we urge you to call the J. Gonzalez Law Firm. Here, you’ll find the best personal injury attorneys working anywhere in Texas.

What happens when you call?

First, you’ll speak with a real person. Our compassionate team is available to take your call 24 hours a day, 7 days a week, 365 days a year. Our intake specialist will take down your preliminary information and have you speaking with one of our personal injury attorneys within a matter of minutes.

Advice from a knowledgeable personal injury lawyer

The attorney will take the time to listen carefully and gather more in-depth information about your case. This initial attorney consultation is absolutely free, and if it’s determined that you are being denied the compensation you deserve, we’ll begin working on your case right away.

Call J. Gonzalez today

As a client, our full team of resources will fight for you every step of the way. Our goal is to give you hope and peace of mind – we take pride in our results, and will relentlessly pursue every option to ensure the best outcome for you. Contact us via this website, or by calling 1-800-CAR CRASH.

Source: https://www.krgv.com/news/woman-hospitalized-following-auto-pedestrian-accident-in-elsa?

SAN ANTONIO — The family of a New Braunfels man who was run over by his own truck has filed a wrongful death lawsuit against Ford Motor Company.

According to KHOU-TV of Houston, Roy “Mack” Irwin was killed June 18, 2024 in a New Braunfels subdivision. Ring camera footage shows Irwin parking his 2023 Ford F-250 and exiting the vehicle. The video shows the truck moving back and forth before rolling forward.

Irwin is seen in the video chasing after the truck, and grabbing the steering wheel.

“As he tried to get back into the truck he was run over,” said family attorney Jeff Wigington. “He ultimately died from the injuries that he sustained. He didn’t have to die.”

Wigington told the television station that there have been numerous documented complaints, primarily from consumer groups, regarding transmission-type issues with Ford F-250s. The National Highway Traffic Safety Administration has recorded a number of such complaints going back five years, although there’ve been no recalls for the 2023 model, the station reported.

“The determination of the specific cause of those movements will have to be done throughout the course of this litigation, through testing that’s ultimately completed,” Wigington said.

San Antonio television station KENS 5 reported that it reached out to Ford for a statement in response to the lawsuit but a Ford representative said the company doesn’t comment on pending litigation.

Suing a car maker for an accident

According to Texas law, companies that manufacture products (including vehicles) must ensure their products are reasonably safe and function as intended. Under product liability laws, car manufacturers can be held liable if it is proven that it produced an unsafe product that caused an injury or death.

Liability

Before a vehicle or parts manufacturer can be held legally liable for a death or injury, the victim or their family must prove the following:

· The vehicle or part was demonstrably defective.

· The manufacturer’s negligence caused the defect.

· The defect caused the crash.

· The plaintiff suffered losses in the crash. (This can include medical expenses, lost income, property damage, and in the case of wrongful death, losses resulting from the death of an immediate family member.)

The J. Gonzalez Law Firm can help

This most challenging aspect of a product liability case is proving the defective part or vehicle was the cause of the crash. As a defense, companies usually try to show that the driver or some circumstance was actually to blame for the crash.

That’s why you need a lawyer who has the expertise to gather the compelling evidence to prove the existence of a defect, and demonstrate the defect caused your crash. You will find such an attorney at the J. Gonzalez Law Firm. We can represent you anywhere in the state of Texas.

Contact us today to schedule your free case evaluation. You can do that via this website, or by calling 1-800-CAR-CRASH. The J. Gonzalez Law Firm operates on a contingency fee basis. You only pay legal fees if we recover compensation for you.

Source: https://www.khou.com/article/news/local/texas/san-antonio-texas-new-braunfels-ford-motor-company-lawsuit-family-sues-negligence-man-run-over-killed-truck/273-9f0c5943-9cc3-47b3-be9f-3d47577ce331