Few details available in fatal crash
Posted on Friday, September 23rd, 2022 at 3:18 pm
DONNA – One person was killed in a September 19 traffic accident in Donna. According to a spokesperson for the Donna Police Department, the accident happened on the eastbound frontage road near the Hutto Road intersection.
The victim is identified only as a 63-year-old Donna woman. No other information is available on the circumstances that led to the crash. The Texas Department of Public Safety is assisting Donna police in the crash investigation.
The importance of police reports in personal injury cases
Car crash victims cannot recover compensation for their injuries unless they are able to prove liability. A police report is one of the key elements used to prove liability.
What is a Police Report?
A police report is prepared by the officer who first arrives on the scene and investigates the circumstances of the crash. The officer’s report will contain as information as he/she is able to gather, including:
- When/where the accident took place
- Parties involved
- Witness contact information
- Statements from the parties involved
- Description of the accident
- Description of the property damage
- Citations issued
- A conclusion as to who was to blame for the accident
The parties involved have a right to obtain a copy of this report from the law enforcement agency shortly after the accident, usually around three days following the crash.
How the police report used in personal injury cases
The at-fault party’s insurance company will request a copy of the police report after learning about the accident. The company’s adjusters will review the document to get an idea of what happened, and who may or may not have been to blame.
The adjusters will conduct their own investigation even if they have a copy of the police report. That adjuster may come to the same conclusion that the police officer did. It is possible for there to be some disagreement with the report, but it’s hard for insurance adjusters to argue with the facts outlined in the police report.
Man dies in Edinburg construction accident
Posted on Thursday, September 22nd, 2022 at 9:53 pm
EDINBURG – Edinburg Police are investigating the death of a 57-year-old man who apparently fell from construction scaffolding Monday morning, September 19.
According to a news release, officers were dispatched to the 1000 block of South 25th Street just after 9:30 a.m. after a caller reported a construction accident. When officers arrived, they found the body of the deceased victim inside the building.
“There is no sign of foul play as it appears this was a construction work related accident where the male appears to have fallen from some scaffolding,” the release stated.
The man’s identity has not been released, and the case is still under investigation.
Texas legal remedies for injured construction workers
In most cases, there are two potential legal remedies for construction workers injured on the job:
Workers’ Compensation
Workers’ compensation is a type of insurance purchased by employers. It is designed to compensate employees injured while working. But, unlike most states, employers in Texas are not required to carry workers’ comp insurance.
If your employer does carry it, your injury will be covered so long as it was sustained in the course and scope of employment.
Filing a third-party lawsuit
If your employer doesn’t carry workers’ comp insurance, you can file a personal injury claim against the employer. A personal injury lawsuit can also be filed if a third party caused your injury.
You should keep in mind that when it comes to workers’ compensation, Texas is a “no-fault” state. This means you can file a workers’ compensation claim and receive benefits without having to prove that your employer did anything wrong.
This isn’t the case when it comes to filing a personal injury lawsuit. To win a personal injury lawsuit, you generally have to prove that the third party was negligent. This means you have to prove:
- The employer or third party owed you a duty of care
- The employer or third party breached that duty of care, and
- The employer or third party’s breach was the legal cause of your injury.
Construction accidents are common, serious, and complex. If you or a loved one has been injured in a construction accident, the J. Gonzalez Law Firm can help you understand whether you have a workers’ comp claim, or a possible personal injury claim. Call us today at 1-800-CAR-CRASH to set up a free, no-obligation consultation.
Man dies after being pinned beneath box trailer
Posted on Thursday, September 15th, 2022 at 5:34 pm
PHARR — Pharr police are investigating the death of a man who became trapped underneath a box trailer. The incident happened September 13 in the 4000 block of North Cage Blvd.
According to a police report, two men had driven the vehicle to the Valley from New Braunfels. They were reportedly working on the truck’s air bag suspension system when one of the bags failed, pinning one of the men between the trailer and one of the truck’s axles.
The victim’s identity was not immediately released, but he was described as a 50-year-old white male.
No further information was available as the Pharr Police Department continued to investigate.
Workplace accidents and wrongful death in Texas
In Texas, employers who subscribe to workers’ compensation cannot be sued for a work accident that results in wrongful death. However, there is an exception. When gross negligence results in a fatality, employers are not protected from claims.
Gross negligence in Texas
Gross negligence involves a willful disregard for an employees’ safety or deliberately failing to provide a reasonable level of care to protect employees. Gross negligence can involve failure to properly maintain equipment, or deliberately ignoring safety protocols for the sake of expediency. Other issues can constitute gross negligence as well.
Product liability and wrongful death
All products sold must be safe for consumers to use. When a product is defective, and somebody loses their life because of the defect, a wrongful death lawsuit may be filed against the responsible manufacturing party or parties. Vehicles and automotive parts are frequently involved in defective product lawsuits.
Why you need expert advice
Wrongful death cases can be quite complex, so it’s important to have someone knowledgeable and experienced on your side. The skilled wrongful death lawyers at the J. Gonzalez Law Firm will know whether you have a claim how much it is truly worth.
When you’re grieving over the death of someone you loved, the last thing you should have to worry about is a lawsuit. The J. Gonzalez Law Firm will take care of the legwork, allowing you to grieve and take care of your family.
Source: https://myrgv.com/local-news/2022/09/06/man-dies-after-box-trailer-falls-on-him-in-pharr/
McAllen man pleads not guilty to crash-related criminal charges
Posted on Wednesday, September 14th, 2022 at 8:11 pm
A 23-year-old McAllen man has pleaded not guilty to an indictment charging him in connection with the February 2022 traffic death of an 85-year-old man.
Lou Autry Gomez is charged with manslaughter and injury to the elderly stemming from the Feb. 22 death of Francisco Quijada.
The indictment alleges Gomez was driving at an excessive speed in a shoulder lane of McColl Road when his vehicle caused a chain-reaction accident that ultimately impacted Quijada’s vehicle, causing his death.
A woman and her three children in another vehicle were also injured in the accident, but the charges are unrelated to those injuries.
Gomez was indicted July 26, and his not guilty plea was entered September 12. He has been free on bond since February 25, and is currently awaiting trial.
How is fault determined in a multi-vehicle accident?
Determining fault in a multi-vehicle car accident typically depends on which driver initially acted negligently. The driver who failed to practice his/her duty of care will likely bear responsibility. It might seem obvious who is liable, but not always. Every car accident is unique, and investigators will perform an extensive examination of what happened to arrive at a fair decision to all parties involved.
If you’re not sure how your insurance company determined fault in your multi-vehicle car accident, you can consult an attorney to help assign liability if you decide to file legal action.
Legal help
Multi-vehicle car accidents can cause severe economic damage and medical injuries that are expensive to treat. It’s only fair that you would want just compensation to recover the losses you endured.
If you want a fair financial settlement for your injuries and property damage, hiring a lawyer would be wise. You might not want to rely on an insurance company to determine fault in a multi-vehicle auto accident, because an insurance company will not always have your best interests in mind.
J Gonzalez Law Firm offers free consultations
The personal injury attorneys at the J. Gonzalez Law Firm will fight for the best possible outcome for you. We offer extensive legal knowledge to understand how to handle your claim so that you can receive fair compensation for your losses. We can handle the negotiations with the insurance company, and in many cases, we have obtained larger settlements.
Our personal injury attorneys can help you avoid critical legal errors that could potentially harm your claim, and your rights to recover compensation. Our attorneys at the J. Gonzalez Law Firm regularly work with doctors and specialists and can help you find someone who will properly treat you.
Call us today for your free, no-risk consultation at 1-800-CAR-CRASH.
Two dead in Edinburg crash
Posted on Tuesday, August 23rd, 2022 at 6:44 pm
Edinburg police officers are investigating a crash on I-69 that left two people dead. The crash happened at approximately 5:30 a.m. August 21 in 4000 block of south I-69C, according to a news release.
When officers arrived on the scene, they found that three vehicles appeared to have been involved in the crash. They included a gray Chrysler Crossfire which had rolled over, a Dodge Ram pickup truck with damage to the front driver’s side, and a Peterbilt semi-truck with a car transport trailer attached.
A woman’s body was found lying on the roadway next to the Crossfire, according to the release. She is believed to have been the driver of the vehicle. The body of a male passenger was found inside the automobile. Bothe were pronounced dead at the scene.
No information was released regarding the drivers of the two other vehicles. However, police say the crash is still under investigation, and toxicology results are pending.
Investigating an accident with the help of a lawyer
The legal basis for an accident claim often requires extensive investigation to understand all the aspects of the incident. This include the injuries, damages owed, and the sequence of events that led to the crash. Hiring a lawyer is the best possible start to an investigation into the matter to provide an insurance carrier, or a lawsuit with the necessary evidence.
Assembling an investigation team
Lawyers often will work with other professionals and expert witnesses to investigate a crash. However, an attorney can initiate an investigation alone, and uncover evidence to support the client. Proof usually exists at the location, such as tire marks on the road, damage to vehicles, and weather and road conditions at the location. The personal injury team can speak to and interview witnesses to gather additional information about the incident. Documentation is key. It’s the primary means of learning new details about the accident, and it can include medical data, police reports, and other detailed paperwork.
Legal help with accident investigations
At the J. Gonzalez Law Firm, we can initiate an investigation while our clients recover from their injuries. Treatment and therapy require time, and a lawyer can handle the accident investigation while the client recovers in order to ensure action is taken before the statute of limitations expires.
Call us today at 1-800-CAR-CRASH. We will get to work right away, while you focus on recovering from your injuries.
Source: https://myrgv.com/featured/2022/08/21/two-dead-in-edinburg-crash-on-i-69-north-and-south-lanes-temporarily-closed/
Two hospitalized following motorcycle-car accident
Posted on Friday, July 15th, 2022 at 11:00 pm
EDINBURG – Two people were injured, one seriously, in a July 14 collision between a motorcycle and an automobile in Edinburg. The crash happened about 9:00 a.m. at the intersection of State Highway 107 (University Drive) and Doolittle Road.
According to official reports, the motorcyclist was traveling on University Drive when his Kawasaki motorcycle collided with a Nissan Rogue which was crossing the highway at Doolittle Road.
The driver of the Nissan Rogue sustained minor injuries, however, the motorcyclist is said to have sustained major injuries. Both were taken to a local hospital for treatment. No other details about the victims was released.
The cause of the accident was not immediately available.
Motorcyclist options following a crash
It goes without saying that motorcyclists do not enjoy the same level of protection as vehicle drivers do. With no cabin surrounding them, motorcyclists are much more likely to suffer serious or catastrophic injuries when they are involved in an accident.
This is just one reason why it is best to have a personal injury attorney on your side who is knowledgeable and experienced in dealing with motorcycle accident cases. By choosing the J. Gonzalez Law Firm, you can significantly improve your chances of getting the full and fair compensation you deserve.
What kind of compensation can injured motorcyclists receive?
If the automobile driver is at fault, the motorcyclist has a right to seek compensation. This can include:
- Past, present, and future medical expenses related to the crash
- Pain and suffering
- Compensation for emotional distress
- Loss of income due to injuries
- Diminished future earning capacity
- Repair or replacement costs for the damaged motorcycle
Be aware that many drivers and their insurance companies will try to blame the motorcyclist for accidents, claiming they broke the law, or were driving recklessly.
At the J. Gonzalez Law Firm, we have all our clients’ backs, and will not allow them to be taken advantage of. Our team of dedicated Texas motorcycle accident attorneys will fight for every bit of compensation they deserve following a serious crash.
Let us handle the investigation and negotiation while you focus on your recovery and getting back on your bike. Call us today at 1-800-CAR-CRASH!
Source: https://www.krgv.com/news/two-hospitalized-after-crash-in-edinburg
Police arrest driver involved in fatal car crash
Posted on Wednesday, July 13th, 2022 at 10:00 am
LA JOYA – La Joya Police have arrested the driver of a vehicle involved in a fatal car crash that resulted from a police pursuit.
23-year-old Alexis Pino Hernandez is facing two counts of murder, three counts of smuggling of persons causing serious bodily injury or death, and two counts of evading arrest, among other charges.
According to the probable cause affidavit, police tried to conduct a traffic stop June 29 on Farm-to-Market Road 2221, but Hernandez refused to pull over and a chase ensued. According to the document, the chase ended north of 8 Mile Line Road, when Hernandez lost control of the vehicle, and it rolled over.
At least three occupants of the vehicle were ejected, according to the report, including the two victims – Gabriel Salas Sifuentes, and Jose Ismael Campos Rodriguez.
Hidalgo County jail records indicate Hernandez remains jailed under a total of $2.75 million in bonds, as the case remains under investigation.
Misdemeanors to felony charges in personal injury cases
Misdemeanors to felony charges can be brought, depending on the seriousness and specific circumstances of the charge in a personal injury case. Misdemeanors are generally defined as crimes which may be punishable by up to a year of jail time, and felonies bring more substantial fines and penalties.
Legal advice is crucial
Retaining a qualified attorney ensures you have the best representation for filing a claim in misdemeanor and felony personal injury cases. Both types of crimes can result in jail time, fines, job loss, and a criminal record for those convicted. However, you want a lawyer that seeks the best outcome for you and your family when filing such a complicated claim.
Examples of misdemeanors and felony charges include:
- Assault that results in bodily injury, to murder or homicide
- DUI or DWI that results in manslaughter, homicide, personal injury
- Burglary that results in a grand theft charge with or without injury
- Domestic violence with assault and/or battery, personal injury
- Use of a weapon with related personal injury or death
- Personal attacks which may rise to level of kidnapping and/or sexual assault
- A crime which escalates to involving personal injury, harm, death
Time limits affect compensation
Personal injury time limits affect your legal ability to not only file a claim, but also to receive compensation for the injuries you have received. In Texas, the time limit to file a personal injury case is two years from the date of the incident. If you try to file a claim after the time limit, the court can refuse to hear your case, resulting in your loss of rights related to any possible compensation. Retaining a qualified personal injury lawyer early prevents delay in filing your claim, and potential loss of receiving an award.
Misdemeanors to felony personal injury attorneys
Call the J. Gonzalez Law Firm should you be faced with a personal injury or the death of a family member resulting from a misdemeanor to felony charge. Our highly-qualified team of personal injury attorneys will protect your rights, and bring maximum compensation for your personal injury. Call today at 1-800-CAR-CRASH.
Image Source: (Delcia Lopez | [email protected])
Teen driver killed in crash near Alamo
Posted on Thursday, July 7th, 2022 at 8:00 am
A 17-year-old girl was killed June 2 in a one-vehicle crash near Alamo, according to the Texas Department of Public Safety (DPS). The driver has been identified as Jasmine Lorrane Heredia of Edinburg.
A preliminary investigation indicates Heredia was driving north on Tower Road when she lost control of her 1999 Ford Expedition north of Wisconsin Road around 3:36 a.m. Her vehicle struck a utility pole, according to DPS investigators.
The cause of the crash remains under investigation, however, preliminary reports indicate excessive speed may have been a factor in the accident.
Speed kills
Excessive speed is a central factor in traffic deaths. According to the National Highway Traffic Safety Administration, excessive speed was a factor in a quarter of all fatal crashes in 2018. As speed limits and speeds increase, so do fatalities. Researchers from the Insurance Institute for Highway Safety (IIHS) found that a 5 mph increase in the maximum speed limit was associated with an 8% increase in the fatality rate on interstates and freeways, and a 3% increase in fatalities on other roads.
Vehicle speed at the time of impact is directly correlated to whether a person will live or die. A person hit by a car traveling at 35 miles per hour is five times more likely to die than a person hit by a car traveling at 20 miles per hour. The risk of death at every speed is higher for older pedestrians and pedestrians hit by trucks and other large vehicles.
High speed crashes are more likely to occur than crashes at lower speeds and, when they do occur, they’re more likely to be deadly.
Get the legal advice you need
If a negligent driver ever injures you, or someone you love, here’s what to do. Talk to the qualified, experienced personal injury lawyers at the J. Gonzalez Law Firm before you consider signing any documents. The consultation is free, and you don’t pay a dime unless you win.
The J. Gonzalez Law Firm is already handling many other cases where the negligent driver was speeding and we are fighting to recover our clients’ damages. Call us today at 1-800-CAR CRASH.
Two dead following police chase north of Palmview
Posted on Monday, July 4th, 2022 at 7:00 am
At least two people are dead and two others injured following a June 29 police chase north of Palmview. According to authorities, the chase started about 7:50 a.m. when La Joya police tried to pull over a green Ford Expedition traveling near Farm-to-Market Road 2221. The driver refused to stop, and a chase ensued, according to La Joya Police Sgt. Manuel Casas.
The chase ended when the driver lost control, and the vehicle rolled over on a caliche road near Abram Road.
One man in the vehicle, who police have not identified, was ejected and died from his injuries. A woman and two other men traveling in the vehicle were injured. They were transported to area hospitals, but one of the victims, a 31-year-old man from Mexico, later died of his injuries, according to the Texas Department of Public Safety (DPS).
Investigators believe the woman was the driver, but the official report has not been finalized. DPS will be handling the crash investigation, while La Joya police will be handling the criminal investigation.
If you have suffered serious injuries from a police chase accident, you might be able to pursue legal action. However, in order to receive compensation for your injuries and losses, you must prove liability in the police chase accident.
Whomever is found liable, whether it is the police, or the suspect involved in the chase, they must pay compensation for any expenses you incurred as a result of the accident. These damages can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of a limb
- Other accident-related expenses
If a loved one died during the police chase, you also could file a wrongful death lawsuit on their behalf and recover compensation for:
- Medical costs
- Decedent’s lost wages and benefits
- Funeral, burial costs
- Loss of companionship, loss of consortium
If you are considering your legal options, the personal injury attorneys at the J. Gonzalez Law Firm can help you navigate the process. Our team of experts can also inform you of any developments in your case. They can also ensure your lawsuit is filed by the statute of limitations deadline, which is two years in Texas, according to Texas Civil Practice and Remedies Code § 16.003.
Call us today at 1-800-CAR-CRASH for a free, no-obligation consultation.
Two hospitalized in Queen Isabella Causeway crash
Posted on Thursday, June 30th, 2022 at 9:00 am
SOUTH PADRE ISLAND — A two-vehicle accident on the Queen Isabella Causeway left two drivers hospitalized, and caused a temporary traffic jam.
The accident happened June 26 with Texas Department of Public Safety and the South Padre Island Fire and Police Departments responding. The names of the two injured drivers were not released, but both were transported to the hospital with unknown injuries.
The cause of the accident remains under investigation.
Bridge driving safety tips
Bridges like the Queen Isabella Causeway have little to no shoulder for disabled vehicles to pull over. Therefore, it’s important for all drivers to remain attentive, and watch for stalled or crashed vehicles ahead of you.
Proceed with caution
Don’t tailgate or exceed the speed limit when crossing a bridge. These irresponsible actions endanger people and claim motorists’ lives every year.
Avoid distractions
You should never text and drive. In fact, distracted driving is a leading cause of car accidents on bridges and even normal roadways. Before you cross a bridge, stop fiddling with your dashboard controls, and don’t adjust your radio, AC/heat, and other settings.
Chronic car problems
A causeway or other long water crossing is not the place for your car to break down. If you drive an older car, and have frequent mechanical problems, avoid using the causeway. If you must drive across the causeway, do a quick multi-point vehicle inspection. Check your:
- Engine cooling system
- Brakes
- Headlights
- Taillights
Delay your travel plans until your car is fully functional or arrange to borrow a vehicle to safely travel over a causeway bridge.
Post-accident legal advice
If someone’s negligence has led to your injury or the death of a loved one, the personal injury attorneys at the J. Gonzalez Law Firm want to help you. We are here to help victims find the quickest route to financial recovery. Helping you get back on your feet is our mission. Call us today at 1-800-CAR CRASH.