Donna Rollover and Run Leaves One Dead

Posted on Monday, September 16th, 2019 at 10:51 pm    

On the evening of September 12th at approximately 7:30 p.m., a deadly rollover accident occurred near Donna off Mile 11 1/2, east of FM 493. A male driver operating a 2004 tan Grand Marquis was traveling with two other male passengers westbound when he lost control of the vehicle.

Details About the Accident 

The driver managed to survive and fled the scene, leaving behind both of the passengers. One of them was transported to the hospital shortly afterwards, while the other, a 37-year-old man, was pronounced dead at the scene.

Rollover accidents are one of the deadliest types of fatal car accidents there is, and in the case of a death, it can be a very painful and confusing time to process for the surviving family members, both emotionally and in a legal sense.

That is why it is crucial to reach out to the McAllen car accident attorneys of J. Gonzalez Injury Attorneys following a rollover accident caused by negligence in order to ensure that your family gets rightful legal representation and compensation they deserve.

Rollover Accident Statistics You Need to Know

Rollover accidents are arguably one of the most severe – and quite often fatal – types of accidents that happen within the United States,making up for an estimated 35 percent of all fatal car accidents. According to the National Highway Traffic Safety Administration (NHTSA):

  • 85 percent of rollovers tend to be only single-vehicle crashes.
  • 40 percent of rollovers occur due to excessive speeds.
  • 75 percent of rollovers occurred on rural roads with a speed limit of 55 miles per hour or higher. 
  • 90 percent of single-vehicle rollovers happen during routine driving maneuvers (e.g. negotiating a curve), suggesting that rollovers may occur more so because of driver behavior (e.g. inattentiveness, impairment, etc.).

On the other hand, surviving a rollover car accident often leaves behind long-term injuries that can be devastating to the human body and expensive to treat. If you or someone you love fell victim to a rollover crash caused by negligence, you need a reliable car accident attorney to help fight for the compensation you need to properly recover.

Contacting a Trustworthy Car Accident Attorney

Since the nature of rollover accidents varies by the incident itself, it is worth collecting all the possible documentation you can get such as police reports, photographs, medical records, and hospital bills as they will be crucial pieces that will determine how to proceed with your case.

Then, contact our McAllen car accident attorneys at J.Gonzalez Injury Attorneys as soon as you possibly can. Time is of the essence after a rollover accident. In the State of Texas, the statute of limitations is 2 years from the date of the accident, and failure to file a claim during that time is essentially throwing away money you can use to heal.

Nobody should carry an emotional, financial burden due to the fallout of a rollover accident caused by negligence. Contact the J. Gonzalez Injury Attorneys today at any of our McAllen, Brownsville, or Rio Grande City locations for your FREE legal consultation today.

Source: KVEO


What Are Emotional Distress Damages in a Texas Personal Injury Case?

Posted on Thursday, September 12th, 2019 at 1:51 am    

One of the most traumatic experiences one can go through is becoming involved in a catastrophic personal injury accident, be it a car wreck, workplace accident, dog bite, or some other incident. A serious accident can change your emotional and mental wellbeing forever.

Severe emotional distress can suck the joy out of life and make completing day-to-day activities a challenge. However, despite the obstacles you or a loved one may be facing, know that you do have rights and deserve peace.    

The Brownsville lawyers at J.Gonzalez Injury Attorneys are here to further explain what emotional distress means in the legal realm and how you may be able to secure compensation for your traumatic experiences and injuries. 

What Is Emotional Distress?

The term “emotional distress” (also commonly referred to as mental anguish) refers to the mental and emotional damages suffered as the result of a negligent or intentional act caused by another.  

Some examples of emotional distress include but are not limited to the following:

  • Post-Traumatic Stress Disorder (PTSD)
  • Anxiety
  • Depression
  • Frustration
  • Guilt 
  • Bitterness
  • Insomnia
  • Panic Attacks
  • Substance Abuse

Types of Emotional Distress Claims and Compensation in Texas

The State of Texas recognizes two different types of emotional damages: intentional infliction and negligent infliction.

Some examples of intentional infliction of emotional distress include instances of sexual abuse, physical abuse, and death threats. 

Negligent infliction, on the other hand, refers to such instances as emotional distress that comes from a car accident, a slip and fall, or even a workplace explosion of some sort.

There are two forms of compensation an individual can claim in these cases:

  • Economic Compensation: Damages that mainly focus on lost wages, medical bills, and other real financial losses that affected you in the past and may affect you in the future.
  • Noneconomic Compensations: More subjective, often harder to calculate. Focuses on the pain and suffering, and mental anguish the plaintiff is dealing with. There is a fixed cap in Texas on the amount of compensations that can be awarded.

Challenges That Come into Play

One of the biggest challenges lawyers face is trying to prove that a specific incident ONLY caused mental harm. The reason being that mental anguish and emotional distress are subjective in nature and thus require greater evidence to validate. 

However, when an individual suffers physical injury alongside emotional distress, it is much easier to correlate the two. 

It is worth noting, though, that Texas is one of the few states where you don’t necessarily need to endure a  physical injury to file a personal injury claim for mental anguish. The following situations may warrant a claim for emotional distress damages: 

  • If a bystander happens to witness a traumatic event that led them to have emotional distress.
  • Invasion of privacy
  • Defamation
  • Child abduction (for the parent/guardian that endured the mental anguish)

Proving Emotional Distress

While making a claim for emotional distress requires sufficient proof, there is certain documentation that will be vital to supporting your claim and helping you secure the compensation you need to begin the healing process. 

These forms of evidence can include: 

  • Receipts for any prescribed medication for anxiety, depression, etc.
  • Photographs or videos of the physical injuries which led to your emotional distress. 
  • Documenting, via a journal, your day-by-day experiences after your personal injury accident including details about how you feel physically and emotionally. 
  • Doctor’s referral for you to seek a mental evaluation and corresponding care. 

Nobody should be stripped away from living a life free of emotional pain. You do NOT deserve to suffer as a result of some other party’s careless or intentional actions.

The Brownsville personal injury lawyers of J.Gonzalez Injury Attorneys are here to help right the wrongs done against you. Our experienced attorneys will be with you every step of the way and help you secure full and fair compensation for the pain you have endured. 

Contact the J. Gonzalez Injury Attorneys today at (956) 630-6700 for a FREE consultation.


Rainy Weather Should Remind Valley Drivers to Be Safe

Posted on Wednesday, September 4th, 2019 at 11:42 am    

As the hurricane season continues, the first week of September tends to be one of the rainiest weeks for the Rio Grande Valley on an average annual basis. While some may consider it to be a nice change of weather, it is by no means a gleeful switch for drivers. 

While Hurricane Dorian makes its way into Florida, a low-pressure area just west of the Gulf of Mexico has now turned into Tropical Storm Fernand. While predictions have it heading towards Mexico, its effects are still likely to be felt across the Rio Grande Valley.

Rio Grande Valley residents are likely to see heavy rainfall and potential flooding during this first week of September. That means Valley residents are going to need to be extra cautious while traveling throughout the region in the days to come.    

The Rio Grande City car accident attorneys at J.Gonzalez Injury Attorneys urge you to take the following safety measures into consideration if you get caught in heavy rainfall while behind the wheel.

Precautions to Take When Driving in the Rain 

A study conducted by the National Highway Traffic Safety Administration showed that the most dangerous driving condition is when it is raining; rainy weather causes more driving fatalities than driving in the snow. Since rain causes roadways to become wet and slippery, it can be harder for motorists to maintain full control of their vehicle.

It is estimated that 73% of all weather-related car accidents happen on wet pavement and 46% occur when it is raining. Almost 7,000 Americans are killed and nearly 500,000 injured when driving during hazardous weather conditions. 

While these facts are alarming, there are a few steps we can take to better protect ourselves, our passengers, and others on the road:

  • Use windshield wipers and defog your windows. One of the biggest factors of weather-related accidents is limited visibility for drivers. This is why using your windshield wipers and defogger are essential when driving in the rain. These will help to give you a much clearer view of the road. 
  • Drive slowly. Driving slower in rainy weather will give you more time to react to unexpected hazards and dangerous drivers.
  • Stay aware of your surroundings. While you should always be fully focused when behind the wheel, you need to be especially aware of your surroundings while it is raining. Keep an eye other drivers, avoid pools of water which can lead to hydroplaning, and be mindful of the distance between you and the car in front of you.
  • Avoid suddenly braking. One way to easily lose control of your vehicle when it’s raining is to slam on your brakes when traveling at high speeds. Braking too fast over a pool of water can lead to you hydroplaning and hitting the vehicle in front of you or causing any trailing vehicle to rear-end you.

With the Rio Grande Valley set to see plenty of rainy weather this upcoming week, it is best to keep these tips in mind.

Unfortunately, accidents do happen. If you or a loved one are involved in a car accident caused by a negligent motorist driving recklessly in rainy weather, then do NOT hesitate to contact the Rio Grande City car accident lawyers at J.Gonzalez Injury Attorneys. We will not let an irresponsible driver get away with the damages they have caused you. 

If you or a loved one are involved in a car accident while driving in a rainstorm, contact J. Gonzalez Injury Attorneys today at (956) 630-6700.

Image Source: themonitor.com


Smuggling Incident

Posted on Friday, August 30th, 2019 at 12:03 pm    

Two men from Peñitas have formally been charged with 2 counts of murder after a smuggling attempt ended up in a collision that took the lives of 2 San Juan residents back in March.

Details Of the Incident

The individuals responsible for the incident were driving eastbound on U.S. Highway 83 inside a 2004 Ford Expedition that contained five unrestrained individuals. The driver was trying to outrun a state trooper at an alarming speed.

They eventually lost control of the wheel after steering into a grass median and crashed into a 2007 Nissan Sentra, killing the two occupants. The five individuals in the Expedition were ejected from the vehicle, sustaining injuries that sent them to the hospital.

Events of this nature can be one of the most shocking and difficult experiences for the victim’s families, especially as a result of reckless and dangerous driving. 

Fatal Accident Statistics

The Texas Department of Transportation (TxDOT) compiled annual statistics in a report on traffic crashes for the years 2017 and 2018.

In 2017, they found:

  • Texas had the highest rate in traffic deaths with a total of 3,722 cases.
  • 756 deaths were the result of reckless or careless drivers.
  • Hidalgo County ranked 6th within the top 10 counties in Texas for traffic fatalities and accounted for two-thirds of 107 traffic deaths across the entire Rio Grande Valley.

In 2018:

  • The death toll in Texas regarding motor vehicle fatalities totaled 3,639.
  • 43.06 percent of these fatalities were not wearing a seatbelt when the collision occurred.
  • For every 2 hours and 25 min, 1 person was killed in a crash.

Wrongful Death Lawsuits in Texas

Section 71.001 of the Texas Civil Practice and Remedies Code indicates that a wrongful death is the “wrongful act, neglect, carelessness, unskillfulness, or default” of a person taking the life of another.

In order to match the criteria to file a wrongful death claim, the claimant must be a surviving spouse, a son or daughter of the victim that’s at least 18 years old, a parent/guardian, or a legal representative of the victim’s estate. Surviving siblings of the victims are not eligible to file a wrongful death claim.

Under Texas statute of limitations, these individuals who are wanting to file a claim have a two (2) year window to do so starting from the date the victim’s death occurred.

Some of the damages a wrongful death claim can cover include:

  • Lost earning capacity
  • Medical bills
  • Funeral and burial expenses 
  • Emotional pain and mental anguish
  • Loss of companionship, maintenance, services, and support from family or friends.
  • Loss inheritances
  • Punitive damages

Car accident attorneys dedicated to bringing you justice. 

Rest assured that the McAllen car accident attorneys of J.Gonzalez Injury Attorneys are here to provide unmatched legal representation for victims of negligent car accidents seeking the compensation and the justice they deserve. 

If you have lost a loved one in a car accident caused by negligence, you may be eligible to file a wrongful death claim. Contact the J. Gonzalez Injury Attorneys today at any of our McAllen, Brownsville, and Rio Grande City locations for your FREE legal consultation. 

Source: The Monitor


3 Actions You Must Take to Maximize Your Car Accident Claim

Posted on Tuesday, August 20th, 2019 at 12:45 pm    

A car accident caused by negligence can be a painful and confusing experience for victims. Whether it’s a minor fender-bender or a devastating head-on collision, severe injuries inflicted can last a lifetime and come with extensive medical costs. 

On the other hand, filing a claim and receiving the proper amount of compensation from car insurance companies can be a bigger hassle, especially if you’ve never dealt with them before. Oftentimes, the first settlement they may offer you might not be enough to help pay for your vehicle’s damages, much less your injuries.

The McAllen car accident attorneys of J.Gonzalez Injury Attorneys know the struggle that those involved in car accidents face in order to get their lives back on track. As a result, we have made it our life’s work to fight tooth and nail for victims’ rights to the full monetary compensation they deserve, and throughout the years, we have found the following helps them get the most for their claim.

  1. Get Medical Treatment for Injuries

It is common to feel an unusual and uncomfortable soreness around your body as soft-tissue injuries like whiplash and back sprains set in after a car accident. In some cases, you may not feel any noticeable injuries at the time of the accident or shortly after. Whatever outcome you may experience, seeking out medical attention is always in your best interest. 

Check if any injuries were sustained between yourself and any passengers at the time of your accident and receive treatment immediately. After the hospital visit, be sure to follow the doctor’s orders and go through the prescribed medical treatment plan in order to heal properly. Failure to receive medical care after a car accident and/or adhere to a treatment plan could seem like the injuries weren’t serious enough to warrant compensation, significantly undercutting the total amount awarded. 

  1. Gather Relevant Documentation

When maximizing compensation, gathering every relevant document and piece of information as evidence is crucial to strengthening your case. Some of the most important items to have on hand in order to win your claim include: 

  • Photographs of the vehicles’ damages from various angles, where it took place, and what the scene looked like. 
  • Take down the negligent driver’s full legal name, phone number, license plate number, and their insurance information (e.g. company name and the type of policy they own).
  • Medical records showing proof of your injuries sustained, the treatment administered, and any associated costs. This will play a key role when determining the value of your claim.
  • A copy of the police report can provide a lot of information needed including time, place, fault, and damage that occurred to you and your vehicle.
  • Witness testimonials can help your case if they can confirm your side of the story. If you do find one, be sure to write down their contact information.
  1. Recruit an Experienced Attorney

The key to winning a negligent car accident case is to have a trusted, reliable attorney there to guide and protect you through the entire legal process. Insurance claims adjusters will try as hard as they can to undercut or deny your claim, searching for anything you may say or do to help them achieve that. 

Having a knowledgeable attorney negotiate with these entities eliminates that risk. Our experienced car accident lawyers can also help keep your evidence secure and provide you unmatched legal representation and advice designed to win your claim. 

In other words, when a car accident occurs, the best way to get the most compensation for your damages and injuries would be to contact the J. Gonzalez Injury Attorneys.

Contact us today at any of our McAllen, Brownsville, or Rio Grande City locations for your FREE legal consultation.


What You Need to Know About Back-to-School Accidents

Posted on Tuesday, August 20th, 2019 at 11:45 am    

Summer vacation is over and the new school year has begun. Whether it’s your child’s very first day in kindergarten or their last first day of high school, it’s normal for parents to have some sort of concern for their child’s safety, especially for students walking or driving to school.

Unfortunately, accidents can – and do – happen. From distracted teen drivers to negligent drivers speeding through a school zone, there is plenty that can occur. 

Your Brownsville car accident attorneys at J. Gonzalez Injury Attorneys are here to remind you about some of the potential dangers to be aware of and how to avoid them this upcoming school year.

Teenage Drivers

As a parent, it can be nerve-racking letting our teenagers drive themselves to school – especially considering that car crashes are the number one cause for teen deaths. As per the Centers for Disease Control and Prevention:

  • In 2016, there were 2,433 teens between the ages of 16 through 19 who lost their lives in the United States in motor vehicle crashes. 
  • That same year, nearly 292,750 teens were treated in emergency departments for injuries suffered in a car accident.
  • The death rate for male teenage drivers was two times that of female teenage drivers. 
  • In 2017, only 59 percent of high school students reported always using their seat belts when riding as passengers.

Before handing off the keys, it is important to properly educate your teen about the importance of driver safety. Not only should your teen attend – and complete – an official driver’s education course but they also need to be legally allowed behind the wheel.

You should also reinforce certain safe driving techniques including but not limited to:

  • Remind your teen they should always wear their seatbelt, regardless if they are the driver or a passenger. 
  • Have a zero-tolerance rule for drinking/drug use and driving. 
  • Remind your teen to NEVER use their cell phone or participating in any other form of distracted driving when behind the wheel.
  • Reckless driving (i.e. speeding) should be avoided at all costs. 

 No text message, Instagram post, Snapchat message, or phone call is ever too important when your teen is behind the wheel. 

And don’t forget parents…you are the first example they will see. Avoid these behaviors yourself to set a great example of a responsible driver. 

School Transportation Accidents 

Students are 70 times safer getting to school in a school bus over a standard vehicle. While accidents involving a school transportation vehicles are rare, they can occur. 

As per the National Highway Traffic Safety Administration, between 2007 to 2016:

  • There was an average of 128 deaths per year (1,282 total) that were linked to school transportation accidents.
  • 281 school-age children lost their lives to school transportation-related accidents during this time frame. 
  • 58 were occupants of a school vehicle, 116 were occupants of another vehicle, 98 were pedestrians, and 8 were pedalcyclists (bike riders)
  • 35% of pedestrians killed in school transportation-related crashes ranged from the ages of 8-13.

While accidents can happen, there are safety measures that parents, teenage drivers, and young pedestrians can take to reduce the risk of becoming involved in one.  

Back-to-School Safety Tips

Drivers sharing the road with pedestrians should:

  • NEVER block the crosswalk as it forces pedestrians to go around your car and puts them at risk of having to walk into oncoming traffic.
  • Always stop the vehicle before your front bumper reaches the crosswalk line. Even if the school zone does not have a crosswalk, the driver is still responsible for yielding to pedestrians.
  • Always stop when the crosswalk lights are blinking, as well as when the crossing guard is holding up the stop sign.
  • Never attempt to overtake another vehicle that is stopped for pedestrians. 
  • Always watch out for distracted pedestrians in school zones but avoid honking at them.

When sharing the road with school transportation vehicles: 

  • All 50 states have made it illegal to pass a school bus from any direction when it has stopped to load or unload children.
  • All traffic must stop when yellow or red lights are flashing, as well as when the stop arm is out.
  • Stop as far as 15-20 feet back in order to allow child pedestrians to safely enter and exit the bus.
  • Always be aware of all of your surroundings, no matter what.

Walkers and bike riders should follow these safety rules:

  • Always walk on the sidewalk, and if one is unavailable, walk on a street facing the traffic.
  • Never cross the street before looking both ways for oncoming traffic. 
  • Make eye contact with drivers to ensure they see you before crossing the street, intersection, or crosswalk. 
  • Bike riders should always wear a properly fitted helmet. 
  • Stay alert and avoid distracted walking/bike riding. 

Making sure you and your children take these safety measures into consideration is one of the best ways to protect yourselves this upcoming school year. But even then, accidents happen. 

If you or your child has been involved in an accident caused by a negligent driver, do NOT hesitate to contact the Brownsville car accident lawyers of J. Gonzalez Injury Attorneys. 

We will bring the negligent party to justice and get you proper compensation to help heal you and your child’s physical and emotional wounds.

Contact the J. Gonzalez Injury Attorneys today at (956) 630-6700.

You only pay when we win!


Driving in the Rain Is Dangerous Business: 3 Helpful Tips to Keep You Safe

Posted on Wednesday, June 26th, 2019 at 11:53 am    

Driving in severe weather can significantly increase your risk of getting involved in a dangerous situation. Driving during a downpour demands your complete attention, although, it is generally in your best interest to avoid driving altogether during a thunderstorm. 

We’ve already seen a few storms during June and are likely to see a few more before summer is up. Your team at J. Gonzalez Injury Attorneys would like to remind you of the importance of being extra safe when behind the wheel during heavy rainfall. 

Please consider the following information. 

Recent Flooding in the Rio Grande Valley 

The National Weather Service in Brownsville stated that more than 12.2 inches of rain fell on Monday, June 24th. The rain caused major flooding along the Hidalgo-Cameron counties line, especially in Harlingen, Mercedes, Weslaco, Monte Alto, and the delta area. Also, several roads closed across the Rio Grande Valley due to the severe flooding.

This just two weeks after strong storms moved through the Valley causing flooding in areas such as La Feria.  

AEP Texas reported that in addition to flooding and wind damage, the storm had also knocked out power to as many as 37,000 customers early Tuesday morning. Due to all the flooding and power outages, shelters across the RGV opened up for families. 

Earlier this month, Hidalgo County Commissioner for Precinct One, David Fuentes, traveled to Washington, D.C. along with other local RGV leaders from throughout the region to secure funding for infrastructure and projects, such as a new drainage system, which would help relieve flooding in the area.   

Thus far, a disaster recovery bill of $46 million has been given to Hidalgo, Cameron, and Jim Wells County, but local leaders are fighting to obtain more for a region that represents at least 1.5 million people. 

Tips for Staying Safe When Driving in the Rain 

Driving in heavy rain can be difficult due to decreased visibility and dangerous road conditions. Hydroplaning can easily occur when a vehicle is traveling too fast in heavy rain conditions; hydroplaning occurs when a vehicle’s tires travel on a thin layer of water rather than grip the surface of the road. This has the potential to make steering and braking difficult and could even lead to you losing control of your car.

To avoid hydroplaning, or becoming involved in an accident during a storm, consider the following tips: 

1. Unless absolutely necessary, avoid driving.

This one tip can truly save your life. There is NO need to go out during a heavy downpour unless it is for an emergency. If you’re considering driving simply to run a quick errand, it is in your own best interest not to do so.

2. Slow down and avoid rushing to your destination. 

Slow down to avoid hydroplaning. Also, one of the most dangerous times to drive can be soon after it begins to rain. The rain can cause oils on the roadway to rise to the surface and can make the streets slick. Wait for a while after the rain begins, rather than rushing to your destination.

When it’s raining, drive slower than you generally would and begin breaking earlier to avoid slipping and rear-ending another vehicle. 

3. Use your headlights to see everything clearly.

Turning on your headlights can help you to see more clearly and helps other vehicles see you. 

4. Give other vehicles enough space.

Add extra seconds of following time in the rain, which gives you, and the cars behind you, more time to react to the traffic.

Many rain-related accidents are completely preventable, but it is necessary to drive properly and safely when facing such conditions. 

Unfortunately, there are many negligent drivers who put others at risk with their driving behaviors. 

If you or a loved should be involved in a car accident during bad weather conditions, do not hesitate to contact the Brownsville car accident lawyers of J. Gonzalez Injury Attorneys at (956) 630-6700. 

We will fight hard and fast to get you the compensation you deserve.

image source: www.themonitor.com


Stay Free From Drunk Driving This 4th of July

Posted on Monday, June 24th, 2019 at 7:00 pm    

The 4th of July celebrates our right to life, liberty, and the pursuit of happiness. Of course, for many in the Rio Grande Valley, the pursuit of happiness often entails celebrating with alcohol. Unfortunately, while this day is filled with friends, family, food, and fireworks, it is also one of the deadliest holidays due to drunk drivers. 

Your McAllen drunk driving accident lawyers at J. Gonzalez Injury Attorneys would like to remind all those living in the Rio Grande Valley and South Texas to be extra vigilant this upcoming 4th of July and to remain free from drunk driving. 

Your life could depend on it.   

Statistics Regarding 4th of July Drunk Driving Accidents

Freedom comes with responsibilities and it is our duty as drivers to follow the laws of Texas in order to keep ourselves, our loved ones, and others safe on the road. When we fail to remain sober and get behind the wheel, our actions can have serious consequences: 

  • According to the National Highway Traffic Safety Administration (NHTSA), 146 people lost their lives on the 4th of July in 2015.
  • Nearly two-thirds of those who lost their lives had a blood alcohol concentration (BAC) of .15 or higher – that is twice the legal limit.
  • As per the United States Department of Transportation, 237 Americans lost their lives in alcohol-impaired crashes on the 4th of July in 2017. This was a 23 percent increase from 2016, which saw 192 fatalities.
  • 79 percent of the alcohol-impaired fatalities of 2017 occurred during the hours of 6 p.m. and 5:59 a.m.

Make the right decisions this 4th of July. If you are going to be drinking: 

  • Have a designated driver who can take you home.
  • Use a car-sharing service such as Lyft or Uber. 
  • Call a taxi or use public transportation. 
  • Plan at staying at the house where you are drinking. 
  • Take the keys away from any friend who is drunk. 

Drunk Driving Laws in Texas

The Texas Department of Transportation states that someone is hurt or killed every 20 minutes in an accident involving alcohol. EVERY 20 MINUTES someone loses a loved one. Someone’s life changes forever.

In Texas: 

  • A person who is legally intoxicated can be arrested and charged with Driving While Intoxicated (DWI) if their blood or breath alcohol concentration is at .08 or higher.  
  • It is illegal for anyone under 21 to have any trace of alcohol in his/her system. 
  • Commercial drivers may not have more than a .04 BAC.

Individuals who have suffered a personal injury as the result of a drunk driving accident should know that the drunk driver is NOT necessarily the sole responsible party for the accident. In Texas, Dram Shop Liability laws can help you to hold liquor-serving establishments partially liable for their role in the accident. 

About Dram Shop Liability

Dram shop liability makes it illegal for establishments to sell alcohol to an individual who is already – and obviously – drunk. If you have suffered injuries as a result of drunk driving crashing into you, our experienced and dependable team at J. Gonzalez Injury Attorneys can utilize draw shop liability laws to your benefit by: 

  • Proving the establishment sold alcohol to an individual who was already intoxicated. 
  • Establishing that the selling of alcoholic beverages contributed to the accident.
  • Proving the establishment was more than 50 percent responsible for your injuries.

Involved in an accident caused by a drunk driver? You do not have to deal with your pain alone. J. Gonzalez Injury Attorneys are here for you.

Unfortunately, even if you are being responsible, a reckless driver can cause you to suffer. Hold them accountable for their actions. If you or a loved one have been injured as a result of a drunk driving accident, J. Gonzalez Injury Attorneys can help you to file a personal injury lawsuit, and recover compensation for:

  • Medical bills and ongoing medical care
  • Pain and suffering, as well as mental anguish
  • Diminished earning capacity because of injuries
  • Loss of past and future wages
  • Additional punitive damages

Contact us today at 956-630-6700 to learn more about your legal options.


100 Deadliest Days of Summer

Posted on Monday, June 10th, 2019 at 10:04 pm    

Summer is a time for relaxation and fun. However, should your destination require travel, you should not be so quick to act carefree when behind the wheel. In fact, you should be much more attentive when driving for the next few months considering that we are facing the 100 Deadliest Days of Summer.

During this time, drivers face a higher risk of fatal crashes. Teenagers are especially vulnerable during this period. However, there are certain steps parents and teens can take to lessen the risk of becoming involved in a serious car accident this summer.

Since our teens are still learning to perfect their driving skills, it is important that we encourage safe driving habits to reduce the number of roadway accidents and fatalities. If you or a loved one is involved in a car accident this summer, contact the McAllen attorneys of J. Gonzalez Injury Attorneys to learn about your legal options.

What Are The 100 Deadliest Days Of Summer?

The 100 Deadliest Days of Summer is the timeframe between Memorial Day to Labor Day during which car accidents rates increase, especially those involving teenaged drivers. According to AAA, over the last five years, an average of 1,022 people have died during this time period in a crash involving a teen driver.

It is estimated that an average of 260 teenagers are killed on U.S. roads during each month of the summer. This is a 26 percent rate increase in comparison to other months of the year. Although many factors can contribute to these accidents, one, in particular, has been devastating: distracted driving.

Well over half of all teenage car accidents are the result of distracted driving. Given that teens are new to driving and lack the experience to always make the best decision when behind the wheel, anything that distracts them from their responsibilities as a driver can lead to a serious – or deadly – car accident.

The presence of too many passengers accounts for nearly 15 percent of teenage car wrecks, as opposed to 12 percent caused by phone-related distractions. Additionally, reports from 2015 estimate that out of every 100,000 U.S. persons that are below adult age, 1.2 die in car crashes with intoxicated drivers.  

These statistics highlight the importance of emphasizing safe driving habits.

Protecting Your Teen Drivers This Summer

Teenagers should be reminded of the consequences that can arise from engaging in dangerous driving. This encompasses all that is considered distracted driving, driving under the influence, getting in the car when they know it is not safe, and other improper behaviors.

Such actions can result in a ruined record, cause parents’ insurance premiums to increase, and in the worst cases, can lead to catastrophic injuries or even death.

The AAA encourages parents to take the following measures:

  1. Do not permit teenage consumption of alcohol.
  2. Set a good example of driving sober.
  3. Remind your teen to refrain from using their cellphone while driving.
  4. Encourage them to call you when they are in a dangerous situation.
  5. Remind them to always use their seatbelt.
  6. Talk with your teen about abstaining from dangerous driving behaviors such as speeding.  

If you or a loved one are involved in a car accident this summer, do not hesitate to call the trustworthy McAllen attorneys of J. Gonzalez Injury Attorneys. Call us at (956) 630-6700 to seek justice and recovery.


The Dangers of Driving in the Rio Grande Valley

Posted on Wednesday, May 22nd, 2019 at 10:53 pm    

What You Need to Know About Car Accident Claims

  • If you have suffered injuries as the result of a car accident, you may be able to recover damages through a personal injury claim.
  • In the state of Texas, you have two (2) years from the date of your accident to file a personal injury lawsuit related to your car accident.
  • Texas is a ‘modified comparative fault’ state. That means that the amount of compensation you recover will depend on the percent you are responsible for the accident. For instance, if you are found to be 20 percent responsible, you will only be able to secure 80 percent of damages owed to you.
  • J. Gonzalez Injury Attorneys provide the best legal support in the Rio Grande Valley and beyond.

Plenty of Car Accidents & Plenty of Lawyers in the RGV, But Only One J. Gonzalez

As you travel along Expressway 83, Interstate 69C, and other major roadways all throughout the Rio Grande Valley – from Brownsville to Roma and everywhere in between – you are likely to see plenty of billboards for personal injury lawyers and law firms.

There’s a reason for this.

Unfortunately, plenty of serious, and even deadly, car accidents take place all over the region. When coupled with the fact that we live so close to the border, which adds an abundance of 18-wheelers, it can be downright frightening traveling in the RGV.

According to the Texas Department of Transportation:

  • In 2017 there were:
    • 7,015 total crashes in Cameron County
    • 14,334 total crashes in Hidalgo County
    • 660 total crashes in Starr County
    • 187 total crashes in Willacy County
  • Of these crashes:
    • 944 crashes involved speeding drivers
    • There were 737 commercial motor vehicle involved crashes
    • There were 1,974 distracted driver crashes
    • There were 1,156 DUI crashes
    • There were 57 fatal crashes
    • There were 10,374 possible injuries

If these numbers weren’t shocking enough, Texas Monthly reported in 2017, “On a per-mile basis, the deadliest stretch of highway in Texas is the 1.49 miles of I-69C in Edinburg, between FM 2812 and Monte Cristo Road, just north of the University of Texas Rio Grande Valley campus.”

TxDOT also notes that the most common causes of car accidents include:  

  • Driver failing to control their speed
  • Distracted driving
  • Driver failing to stay in a single lane
  • Driver changing lanes without safely noting others on the road
  • Driver failing to yield when turning left

Suffice to say that there are many reasons why you can find so many billboards of personal injury attorneys on major thoroughfares in the Rio Grande Valley.  

You Need to Act in a Timely Manner

The Texas statute of limitations for filing a personal injury claim, which includes injuries suffered in a car accident, is two (2) years from the date of the car accident. As the process to successfully file a claim can be a bit complex and time-consuming, it is important to seek guidance from the experienced team at J. Gonzalez Injury Attorneys as soon as possible.

It is important to note that if you fail to file a claim within this two-year time limit, then you are basically forfeiting your rights to secure the justice and financial recovery you need to begin piecing your life back together.

Additionally, should you lose a loved one as the result of a car accident caused by a negligent party, you have two (2) years from when the decedent was first injured to file a wrongful death claim.

How Your Car Accident Settlement is Calculated

In the state of Texas, your car accident lawsuit can be affected by the modified comparative law. This law means that the amount of compensation you are able to secure can be reduced by the percentage you are responsible for the accident.

For instance, if it is determined that you contributed 30 percent to the accident, then you are only eligible to recover 70 percent of available compensation.

Texas also follows the “51 percent bar” rule. If it is determined that you are more than 50 percent responsible for the accident, your claim will be denied entirely.

This is why it is so important to secure the support of an experienced lawyer like those at J. Gonzalez Injury Attorneys. Because there is no real formula for determining who is at fault, you’ll want an experienced attorney who will be able to adequately defend your claim and limit your liability.

Our team will make sure that the true responsible party is held liable to the highest degree possible.

Compensation For Your Injury

Understandably, those who have suffered from a personal injury as the result of a car accident will want to know how much compensation they may be awarded. While there is no exact formula that will dictate exactly how much you will receive, there are certain factors that will affect this amount, including physical, mental, emotional, and financial damages.

Gonzalez Injury Attorneys will fight to help secure compensation for but not limited to:

  • Medical expenses (past and present)
  • Emotion distress
  • Mental anguish
  • Pain and suffering
  • Physical impairment
  • Property damages
  • Disfigurement
  • Loss of earnings
  • Loss of quality of life
  • Loss of consortium
  • Punitive damages
  • Wrongful death damages

Need an Experienced Personal Injury Attorney?

Our experienced Rio Grande Valley car accident attorneys are ready to help you get your life back in order. The J. Gonzalez Injury Attorneys take pride in offering each of our clients the knowledge, passion, and efficiency needed to uphold their rights.

If you or someone you loved has been involved in a car accident, contact us right now at (956) 630-6700 for a consultation.

You don’t pay unless we win!

image source: www.themonitor.com

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