One man died and another man was critically injured in an October 24 two-vehicle crash east of Edinburg.

According to the Texas Department of Public Safety (DPS), the driver of a Jeep Grand Cherokee was heading east on State Highway 107 when his vehicle collided with a Chevrolet Silverado heading west at the intersection of Sunflower Road. The driver of the Jeep, identified as 50-year-old Daniel Luna, was killed instantly, according to the report.

A male passenger sustained critical injuries, and was airlifted to a local hospital. A second passenger was hospitalized with lesser injuries. Their conditions were not immediately known. The DPS is still looking into what factors led to the deadly crash.

Accident reports are an important part of a personal injury case. Here’s how to request a copy of your report in Texas.

There are several things you need to do in order to ensure that you have the best chance at a successful auto accident personal injury claim. One of the most-overlooked steps is obtaining a copy of your accident report. These reports are heavily relied upon by insurance companies, and can play an important role in your claim.

Because crash reports are typically filled out by the responding officer, and not a trained investigator, they are not always completely accurate. Your attorney may be able to have the original report amended (or at least request a supplemental report) in order to correct the facts, but it’s extremely important that any mistakes or inaccuracies be caught early.

What’s contained in an official police report?

An official Texas police report typically contains the following information:

• Date, time, and location of the accident
• Identifying information for those involved
• Each driver’s insurance provider and policy number
• Known injuries and extent of damage to the vehicle(s) involved
• Witnesses contact information (if applicable)
• Road, weather, and lighting conditions at the scene of the accident
• A visual diagram of the accident
• Laws/codes violated
• The officer’s opinion as to cause and/or fault

When will the report be available?

In Texas, accident reports are typically available within three days to three weeks of the incident, so it’s important to request a copy as soon as possible. If the crash resulted in death or serious injury, it could take more than a month before the investigation is complete.

Obtaining a copy of your accident report

At the time of the accident, the reporting officer should have given you an accident or incident report number. If you don’t have this number, you can still obtain the report from the investigating jurisdiction by using the following information:

• Date and time of the accident
• City, state and location of the accident
• Name of the driver(s) involved in the accident
• Investigating police department

Get a lawyer quickly

A personal injury attorney like those at the J. Gonzalez Law Firm can be especially helpful throughout the claims process. Not only can our attorneys save you considerable time and effort, but they can also explain the report as well as help you dispute and correct inaccurate information. The J. Gonzalez Law Firm will do all these things for you, plus represent you in court if necessary, all on a no-win, no-fee basis. Call us today at 1-800-CAR-CRASH.

SAN CARLOS — Texas Department of Public Safety (DPS) troopers are investigating an October 20 crash that left a motorcyclist dead. The victim, David Garcia Harley of Bastrop, was killed after his motorcycle collided with a pickup truck in San Carlos shortly before 5:30 p.m.

According to a DPS news release, the driver of the truck was making a left turn onto State Highway 107 from 83rd Street when Harley, who was traveling west on Highway 107, collided with the truck.

The 29-year-old motorcyclist was pronounced dead at the scene. Neither the truck driver nor the passenger in the vehicle were injured. No citation had been issued as of this writing, but DPS troopers continue to investigate.

Does not wearing a helmet affect a motorcycle accident injury case In Texas?

It’s not known if the victim in the above story was wearing a helmet or not. But in any case, it’s always a good idea for motorcyclists to wear a helmet when on the road, and not just for the added protection that it provides. It can also affect a personal injury claim.

Comparative negligence in Texas

Texas has a modified comparative-fault vehicle accident system. This applies to all types of accidents, including motorcycle accidents. Under this system, a person can only recover damages if he/she is less than 51 percent at-fault for their injuries.

The circumstances of the accident and details from medical records will play a key role in determining if not wearing a helmet contributed to the injuries. In general, courts are more likely to rule that not wearing a helmet significantly contributed to injuries of the head, neck, or face.

However, the lack of a helmet would not likely be considered a factor in injuries to the legs and hands, and thus not likely to affect a personal injury case. But again, it’s still a good idea to ALWAYS WEAR A HELMET!

Let J. Gonzalez handle your personal injury claims

The motorcycle accident injury team at the J. Gonzalez Law Firm will evaluate your case at no charge. We can help you understand how the circumstances of your case might affect the outcome. Even if you weren’t wearing a helmet during your accident, you might still qualify to recover medical bills, lost wages, pain and suffering, and other damages.

In Texas, you might also be eligible to file a wrongful death lawsuit if your loved one passed away in a fatal motorcycle accident. Let us help you pursue compensation for your losses and expenses. Call us today at 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2022/10/21/motorcyclist-dies-after-crash-in-san-carlos/

Mission police are investigating an October 17 car-motorcycle crash that sent one woman to the hospital.  Police say they received a call about the crash on the I-2 Frontage Road near Stewart Road at about 7:00 a.m.

Preliminary information on the crash is sketchy, revealing only that a Jeep hit a motorcycle driven by a 52-year-old woman. The woman was taken McAllen Medical Center, reportedly for treatment of broken ribs. She was last reported to be under evaluation in the intensive care unit. Her name was not immediately released.

An investigation is ongoing, and officers are said to be reconstructing the crash scene.

What kinds of compensation can I seek following a motorcycle accident?

You can seek the same compensation as any other crash victim. The experienced injury lawyers at the J. Gonzalez Law Firm will help you pursue full compensation for your losses, such as:

• lost income, salary, or other wages
• loss of enjoyment of life—the ability to do things that bring you happiness, fulfillment, or pleasure
• loss of companionship or consortium
• medical expenses from the accident that are not covered by insurance
• physical pain and suffering caused by your injuries

What are the most-common causes of motorcycle accidents?

The most frequent reasons for motorcycle accidents are:

• lane splitting or unsafe lane changes
• left-turn accidents, where a car turns left into the path of a bike
• carelessness or recklessness by other drivers
• distracted driving
• driving under the influence of drugs or alcohol
• sudden stops by other motorists
• roadway conditions, such as potholes, loose gravel, water over the road, missing traffic signs

How can the J. Gonzalez Law Firm help me following a motorcycle accident?

At the J. Gonzalez Law Firm, we bring decades of experience to Texans who are hurt in motorcycle accidents. We know how to effectively prepare claims in different parts of the state, and we know what to expect from judges and juries in various geographic locations. We work extensively with expert witnesses and know how to present evidence that effectively persuades a jury. Call us today at 1-800-CAR-CRASH to begin the process of getting the compensation you deserve.

Source: https://www.krgv.com/news/police-motorcyclist-hospitalized-after-crash-in-mission

A La Villa man died October 15 following a fatal chain-reaction crash north of Elsa, according to the Texas Department of Public Safety.

The initial crash occurred on FM 1925 at around 12:38 a.m. when a blue pickup truck collided with a Chevrolet Silverado at the intersection of Mile 4 West Road, according to a news release.

The blue truck fled the scene, while the Chevrolet Silverado became disabled on the eastbound lane of FM 1925. A few minutes later, a motorcyclist collided with the disabled vehicle, according to the report.

The motorcyclist, identified as 68-year-old Gustavo Vasques Cervantes, was transported to a hospital where he succumbed to his injuries.

DPS troopers are investigating the crash and are seeking any information on the whereabouts of the driver of the blue pickup truck that has damage to its front, the release stated.

Anyone with information on the crash is urged to contact DPS at (965) 565-7600.

What to do if the other driver flees the scene

Hit and run accidents are far too common. Unfortunately, many hit and run drivers are uninsured, unlicensed, or have other reasons for fleeing, such as being intoxicated, or on the run from the police.

It is often difficult to recover damages from a hit and run driver, but a personal injury attorney can help you determine any potential legal options that might be available. Here are a few things you should and shouldn’t do if the other driver flees the scene of 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.

Note the license plate number or vehicle description

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.

Ask potential eyewitnesses

If your injuries allow it, while you are waiting for the police or an ambulance, talk to any potential eyewitnesses. Take down their names, contact details, and anything useful they can remember about what they saw. If you don’t have a notebook or paper and pen, use your cell phone to record what witnesses might have to say using the voice recorder function.

Talk to a personal injury attorney

If the hit and run driver is never found, it may be hard to recover any damages unless you have insurance of your own to cover what happened to you. It is still a good idea to contact the J. Gonzalez Law Firm as soon as you can. We will provide a free initial consultation in which you can discuss what happened. Call us today at 1-800-CAR-CRASH.

Source: https://www.krgv.com/news/la-villa-man-killed-in-overnight-crash-dps-seeking-driver-accused-of-fleeing-the-scene

SAN ANTONIO – A woman is hospitalized after she was ejected from her vehicle during a crash on San Antonio’s far north side.

According to the San Antonio Police Department, the crash happened just before 4:00 a.m. October 13 on Highway 281 near Summit Church Road. A department news release states the woman was driving north on Highway 281 when, for an unknown reason, she lost control of her vehicle, and rolled into a median.

The woman, who was not immediately identified, was thrown from the vehicle, police said. She was taken by EMS to University Hospital, where she was expected to recover.

No other vehicles were involved, police said.

Seat belts and personal injury cases

It’s not known if the woman in the above story was wearing her seat belt or not, but the incident begs the question: Does it hurt your personal injury case if you weren’t wearing a seat belt?

The law

Under Texas law, it’s mandatory that you wear your seat belt when you’re driving or riding in a vehicle on a public road. For most of us, wearing a seat belt has become a habit, but sometimes we forget, and once in a while we might momentarily unbuckle to adjust our clothing, or reach for something.

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

Impact on personal injury claim

Not wearing your seat belt can indeed 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. It is still their responsibility to compensate you for your injuries if they were the one who caused the crash.

That being said, the judge in your case might lower your compensation, depending on the circumstances. For instance, if you’re seeking $1,000,000 in compensation to cover your losses, the judge may reduce that award to $500,000 if he rules you were partially at fault for your own injuries by failing to wear your 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 this will 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.

Source: https://www.ksat.com/news/local/2022/10/13/driver-ejected-from-vehicle-in-far-north-side-crash-san-antonio-police-say/

MCALLEN – The McAllen Police Department is investigating a fatal auto-pedestrian crash that claimed the life of a 48-year-old man.

According to a news release, the incident happened at approximately 9:16 p.m. October 12 in the 200 block of west Expressway 83. Police identified the victim as Russell Heath Cortez, whose last known address was in McAllen.

The news release offered few details on how the incident happened, stating only that, “The pedestrian was struck by a vehicle and is deceased. The driver of the vehicle remained at the scene.”

More details might emerge later, as the cause of the crash remains under investigation.

Nighttime pedestrian safety tips

The J. Gonzalez Law Firm believes it’s essential for everyone to understand the rules of pedestrian safety. It’s especially important at night, because walking on sidewalks and crossing streets when it’s dark can present a unique set of challenges.

Here’s a look at some of the most effective ways to protect yourself while walking outdoors after the sun goes down.

Avoid walking in poorly-lit areas by restricting your walk to well-lit areas with bright streetlamps as much as possible. Do not take shortcuts through dark alleys and side streets.

Wear bright clothing that drivers will be able to see. Reflectors on your shoes or clothing can be extra helpful to stand out at night.

Carry a flashlight or some other light source with you. Cell phone flashlights are ok in a pinch, but a flashlight with more lumens would be more effective for lighting the path in front of you.

Walk on sidewalks whenever possible. City ordinances often require pedestrians to use sidewalks if they are available. If there is no sidewalk, walk on the shoulder as far away from the roadway as possible.

Most local laws state that you should walk on the left, facing traffic, if you somehow find yourself on a road with no sidewalk and no shoulder.

Don’t scroll on your cell phone as you walk. A pedestrian staring at their phone can easily step off the sidewalk, veer outside a crosswalk, or find themselves stepping into oncoming traffic.

Obey all traffic signals unless a police officer is directing traffic and instructs you to do otherwise.

If possible, walk with a group of people, or at least one other person. Walking with someone else makes you more visible to drivers, and can also help protect you from danger and crime.

Always assume that motorists cannot see you, and wait an extra few seconds to make sure the driver will stop before you proceed into an intersection. Those few extra seconds could save your life.

Accidents will still happen

Even when you’re as cautious as possible, you can still find yourself the victim of an auto-pedestrian accident due to driver negligence. If that should ever be the case, we urge you to call the J. Gonzalez Law Firm for expert representation. Our experienced personal injury attorneys will fight to ensure you get the maximum compensation you legally deserve. Call us today at 1-800-CAR-CRASH.

Source: https://myrgv.com/local-news/2022/10/13/mcallen-police-investigating-fatal-auto-pedestrian-crash/?fbclid=IwAR140danpRfADyNk0HQmelX6Fhnonjso4LnzuTGwxrXs5zkmPHj4e5u0Sdk

ALAMO – Alamo police have released limited information on an October 7 auto-pedestrian accident which left one woman dead. The incident happened on Alamo Road near the intersection of Expressway 83.

Alamo police say the woman was struck by an automobile as she was trying to cross Alamo Road. However, the time of the accident is not known.

The victim, whose name has not been released, was taken to a nearby hospital where she was pronounced dead. Her identity has not been released, pending notification of her relatives, but police say she was 50-years-old.

Police say the driver remained at the scene and was not expected to be charged with any wrongdoing.

Fault in Texas pedestrian accidents

What happens if you’re injured in an auto- pedestrian accident? Can you automatically sue the driver for your injuries?

Auto-pedestrian accidents are not always the fault of the driver. To receive compensation for your injuries, you have to show that someone else caused the accident that led to your injuries. In most cases, this means you have to show that someone else was negligent.

Pedestrians can often have the right of way on a public street, such as when they are crossing in a designated crosswalk. And motor vehicle drivers are required to exercise due care to avoid colliding with a pedestrian on a roadway. If a driver fails to exercise due care (by, for example, texting while driving) and collides with a pedestrian, the driver is probably negligent.

However, in some cases, the accident can be the pedestrian’s fault, particularly if the person is jaywalking. In other cases, it might partially be the driver’s fault, and partially the pedestrian’s fault.

Texas follows the theory of modified comparative fault. This means that a plaintiff’s damages are reduced by their percentage of fault. What’s more, if the plaintiff was more than 50% at fault, they’re prohibited from recovering any damages.

In order to sort out your situation, it’s best to consult an attorney such as the personal injury lawyers at the J. Gonzalez Law Firm. They have years of experience in these matters, and they can offer advice you can trust. You won’t have to pay a dime for it unless they successfully settle your claim. Call today at 1-800-CAR-CRASH to discuss the details of your situation.

Source: https://www.krgv.com/news/woman-pronounced-dead-following-auto-pedestrian-collision-alamo-police-chief-says

ALAMO — Alamo Police say a motorcyclist was killed in an accident in the early morning hours of October 3. According to Alamo Police Chief Richard Ozuna, the accident occurred around 2:15 a.m. at the intersection of Highway 83 and South Border Road.

The unidentified 50-year-old male motorcyclist reportedly approached the intersection at a high rate of speed, disregarded a stop sign, and crashed into a median. He was pronounced dead at the scene. Identification of the victim was being withheld pending notification of the next of kin.

Police added that the rider was not wearing a helmet.

What is the Texas helmet law?

Anyone under the age of 21 is required, by law, to wear a helmet while piloting a motorcycle in Texas. However, under Senate Bill 1967, a police officer may not stop a motorcyclist simply on suspicion of not following the helmet law. The law is subject to constant change, but wearing a helmet for safety reasons is always encouraged.

Most motorcycle riders (over the age of 21) qualify for the Texas helmet exemption because the motorcycle safety course is required to get a motorcycle license in the state of Texas. One qualifies for helmet exemption if they are 21 or older and can provide proof of having completed a motorcycle operator training and safety course. The rider also has the option to provide proof of adequate health insurance coverage of at least $10,000.

Should you wear a helmet?

The answer is yes even if you are not always legally required to. It is your decision, but motorcycle helmets do save lives and prevent injuries. Without a helmet, you risk sustaining much worse brain and head injuries in the event of an accident.

Wearing a helmet can also strengthen your case in the event of a lawsuit. If you or a loved one has been injured in a motorcycle accident due to the reckless or negligent behavior of another party, contact the personal injury lawyers at the J. Gonzalez Law Firm. We can help you and your family make things right. Call us today at 1-800-CAR-CRASH.

WESLACO — A September 29 traffic accident has left one man dead and another facing intoxication manslaughter charges.

According to Weslaco police, the crash happened at 11:26 p.m. in the 1300 block of S. International Blvd. A preliminary investigation indicates a red Ford Focus was exiting a restaurant parking lot when it was struck by a white Ford F150 Raptor.

The 47-year-old driver of the Focus was killed. His identity has not been released.

Police arrested the driver of truck, saying he “displayed signs of being intoxicated, and failed a standardized field sobriety test.” He is identified as 25-year-old Clayton Wayne Neuhaus.

According to police, Neuhaus was arraigned on a charge of Intoxication Manslaughter September 30, and received a bond amount of $75,000.

The case remains under investigation and those with information are asked to contact the Weslaco Crime Stoppers at (956) 968-TIPS (8477).

Duty of care in drunken driving accidents

All Texas drivers have a duty to exercise reasonable care whenever they get behind the wheel. Reasonable care is generally defined as the degree of caution that an ordinary and prudent person would exercise in the same circumstances. Driving while intoxicated and causing an accident breaches this duty.

Injury, damages, and losses

In pursuing damages, the accident victim must show evidence that they have sustained injuries, damages, or losses. This can include physical injury, pain and suffering, emotional distress, physical impairment, disfigurement, medical bills, lost wages and income, and more.

Causation

The drunk driving accident victim must also establish a direct link between the defendant’s negligent conduct and the damages being sought. This is called causation and is apart from establishing that the defendant was impaired by drugs or alcohol or otherwise engaged in wrongful conduct at the time of the accident. Furthermore, the defendant’s actions must be proven to be a cause of the claimed injuries, losses, and damages. This can sometimes be difficult, and require the testimony of experts.

Contact the J. Gonzalez Law Firm today

The personal injury attorneys at the J. Gonzalez Law Firm remind you that every drunken driving accident case is fact-specific. Each case requires a close evaluation by an attorney with years of experience handling these types of lawsuits, and drunken driving accident cases are one of our specialties. Set up a free consultation with one of our lawyers today by calling us at 1-800-CAR-CRASH.

RAYMONDVILLE – A Raymondville woman escaped injury in a September 25 crash, but she was killed moments later when she was struck by another vehicle after exiting her car.

According to a Texas Department of Public Safety (DPS) news release, 29-year-old Keila Nayely Oviedo was driving north on US 77 when her car struck an overpass guard rail, causing the vehicle to spin out of control. Oviedo’s car came to a stop in the middle of the roadway.

The news release states that Oviedo exited her vehicle, and was fatally struck by another northbound vehicle. The driver of the second vehicle also exited to check on Oviedo, and had to jump out of the way to avoid getting struck by another vehicle, the news release stated.

That person was transported to a local hospital, but the person’s identity and the extent of his/her injuries was not immediately known.

A DPS investigation of the crash continues.

1. Gonzalez Law Firm post-accident safety advice

You probably don’t expect to be involved in a car accident when you set out to drive. So when a crash does occur, the sudden jolt can cause you to forget that you still need to maintain safety in the wake of the impact. Here are a few post-crash safety tips from the J. Gonzalez Law Firm:

• If your car is inoperable, remain in your vehicle with your seatbelt on.
• Turn on your vehicle’s hazard lights.
• If the car is still running, and if it’s physically possible, drive your car off the road to a safe place.
• Once you’re off the road, turn off the ignition to guard against fire.
• At night, leave your vehicle’s lights on, or set out traffic flares if possible.
• Check the safety of passengers, and provide assistance to anyone with an injury.
• Never move an injured person. This can cause additional injury, and should be avoided unless the person’s safety is at risk.
• Remain at the scene of the accident, and alert authorities as soon as possible.

The J. Gonzalez Law Firm reminds you that your safety and the safety of your passengers is always the top priority. Once that is taken care of, you can go about the business of documenting the crash, exchanging information with the other driver, and contemplating an insurance claim, or a personal injury lawsuit.

When you’re ready to discuss those latter options, we’re here for you. Call the J. Gonzalez Law Firm at 1-800-CAR-CRASH.

Source: https://www.krgv.com/news/dps-raymondville-woman-dies-after-one-vehicle-crash