Two injured in rollover crash near Sebastian
Posted on Friday, September 6th, 2024 at 7:22 pm
The Texas Department of Public Safety (DPS) reports two people were hospitalized following a September 2 rollover crash near Sebastian.
The crash was also reported by the Willacy County Sheriff’s via a social media post which stated the one-vehicle accident happened around 5:00 p.m. in the northbound lanes of the Highway 77 floodway crossing.
According to DPS, the driver lost control of the vehicle, but it did not state how the driver lost control. The driver and one passenger were hospitalized with non-life threatening injuries, according to a spokesperson.
Additional details of the crash were not immediately available.
Can passengers sue the driver following an accident?
Depending on the facts of how the accident occurred, passengers in a one-vehicle crash can make a claim against the driver for their injuries.
The passenger’s standing will ultimately depend on where fault is assessed. If the driver of the vehicle that the passenger was riding in is found wholly responsible for the accident, the passenger is eligible to make a claim against or sue the driver based on the suffering they’ve endured as a result.
In some cases, the passenger could be found partly or even wholly responsible for causing the crash. An example would be if the passenger pulled on the steering wheel as a prank, and caused the driver to lose control.
Fault in a Texas car accident can sometimes be difficult to determine. After an accident, each party will submit their statements of the events for the police report. To file an insurance claim or injury lawsuit for the accident, the victim must prove the negligent driver was at least 51% responsible for the accident that caused their injuries.
Family members and minimum liability
Additional complications may accompany Texas car accident cases involving passengers who also happen to be family members — especially when dealing with car insurance.
Insurance companies may cite family member exclusion rules, which are intended to prevent spouses, children, and other family members from making claims against the responsible driver’s policy.
In reality, however, such rules are not enforceable in the state of Texas up to the minimum amount of coverage mandated by the State. In fact, the Texas Supreme Court has explicitly ruled that the state’s minimum liability mandates require insurance companies to honor injury claims involving family members, at least until the minimum limit is reached.
Contact J. Gonzalez
Needless to say, making a claim against the driver of a vehicle in which you were riding can be legally tricky business. The J. Gonzalez Law Firm can help you sort through the facts of your particular case to determine if you have standing to bring a case.
That can often be done during an initial consultation, and you won’t be charged anything for such a consultation. Contact J. Gonzalez today via this website, or by calling 1-800-CAR-CRASH.
Source: https://www.krgv.com/news/dps-two-hospitalized-in-rollover-crash-near-sebastian
Rio Hondo teen killed in two-vehicle crash
Posted on Wednesday, September 4th, 2024 at 10:12 pm
The Texas Department of Public Safety is investigating a two-vehicle crash near Rio Hondo that killed an 18-year-old man. The crash happened August 30 at approximately 8:30 p.m. on North Sam Houston Boulevard, north of Wiseman Road.
According to a Texas DPS preliminary investigation, a Dodge Caravan occupied by two people was traveling north on Sam Houston Boulevard, and attempted to make a left turn into the driveway of a residence.
The reported stated that a Toyota Corolla was traveling south above the speed limit when it collided with the Dodge.
The occupants of the Dodge were transported to Valley Baptist Medical Center with non-life threatening injuries. The driver of the Corolla, 18-year-old Jose Juan Mendoza, was also taken to the hospital, where he died from his injuries, according to DPS.
The crash was still under investigation at this writing.
Determining fault in a car accident
Fault in a Texas car accident can sometimes be difficult to determine. There can be cases in which one party failed to yield right of way, but the other party was driving in excess of the speed limit.
After an accident, each party will submit their statements of the events for the police report. To file an insurance claim or injury lawsuit for the accident, the victim must prove the negligent driver was at least 51% responsible for the accident that caused their injuries.
Evidence
Insurance companies use the available evidence to determine fault in an accident. Some potential evidence they can consider include:
- Police report
- Security footage
- Dash cam footage
- Photos and videos of injuries and property damage from the accident
- Witness testimony
Sometimes officers will include their conclusion about fault in the accident in their report, but this is optional, and many officers do not include this information. Officers can also issue a citation(s) at the scene for traffic violations that led to the accident. This can influence the insurance provider’s determination of fault.
Comparative negligence
Texas operates under a comparative negligence law. In plain terms, this means that one party can be found to be 100% at fault, or each party might share a percentage of the fault.
A party must be less than 50% responsible for a crash in order to seek damages, and any award will be commensurate with the percentage of liability.
Call J. Gonzalez
Remember, insurance companies will always look for any possible reason to reduce your claim. That’s why you should contact the J. Gonzalez Law Firm as soon as possible after an accident.
Never speak to the insurance adjuster or an insurance company until you have an experienced personal injury attorney on your side who can speak for you. It could mean the difference between being denied a claim or getting the maximum amount of compensation that you are legally entitled to.
Contact J. Gonzalez today via this website, or by calling 1-800-CAR-CRASH.
Source: https://www.krgv.com/news/18-year-old-rio-hondo-resident-killed-in-two-vehicle-crash
Is my personal injury case “frivolous?”
Posted on Thursday, August 29th, 2024 at 7:37 pm
There are a lot of misconceptions among the public about personal injury lawsuits. Many people view these cases as frivolous or petty. They believe crash victims and their attorneys are simply out to make some fast money.
But the truth is that the vast majority of personal injury lawsuits are not frivolous. Most lawyers are ethical professionals who work within a legal framework. Attorneys also know they can face severe penalties for violating the law. Cases without merit are often rejected during the initial consultation
Why do personal injury cases get a bad rap?
One reason people have negative views on tort cases is that judgments involving large sums of money are generally the only ones that get media coverage. Large settlements involving millions of dollars feed into the false notion that personal injury cases are designed to make a person rich.
The reality is that most settlements do not involve millions of dollars and their sole purpose is to help injured people pay off medical bills and other debts that they have genuinely incurred due to the injury.
The role of the personal injury attorney
The role of any attorney is to zealously represent their clients. It is not the attorney’s job to file a lawsuit that has no basis in fact. If a case is not supported by the law, or if an attorney learns that the client is just trying to harass the other party, it is the attorney’s moral and legal duty not to take the case.
There is little incentive for an attorney to file frivolous lawsuits. There is no opportunity to win a settlement in an unsupported case, and they simply aren’t worth the risk of being fined or even losing their license for filing frivolous lawsuits.
The J. Gonzalez pledge
J. Gonzalez and his team of professional personal injury attorneys are committed to providing their clients with vigorous but ethical representation. The J. Gonzalez Law Firm will never violate state laws against barratry (what most people call “ambulance chasing”).
Don’t let negative perceptions about personal injury lawsuits cause doubts about the validity of your case. We will take the time to go over the specific details or your situation. If we feel your case has merit, you can rest assured you will get the best legal representation found anywhere in Texas.
It won’t cost you anything to get a consultation from the J. Gonzalez Law Firm. We only get compensation when we win a settlement on our client’s behalf. Call us today if you have questions about your case at 1-800-CAR-CRASH, our reach out to us via this website.
Plane crash reported at Weslaco airport
Posted on Monday, August 26th, 2024 at 8:00 am
A single-engine aircraft struck a sign as the pilot attempted to land at Weslaco’s Mid-Valley Airport, according to a report from KRGV News. The news station reported that the accident happened August 20 at about 2:00 p.m.
No serious injuries occurred, according to the news station’s report, which cited Weslaco Fire Chief Anthony Lopez. The chief stated that the pilot told him his plane was pushed off its approach by a gust of wind, causing the aircraft to strike a sign.
The unidentified pilot was the only person inside the plane, according to KRGV, adding that he was not seriously injured in the incident. The FAA had been called in to investigate as of this report.
Airplane accidents and personal injury
Personal injury cases involving an aircraft are handled just like any other personal injury case. The plaintiff must prove that someone else’s negligence was the cause of a crash and any resulting injuries or deaths.
Crash survivors and the immediate family of deceased victims may bring a lawsuit against any party they believe may have been to blame for the crash. The plaintiffs, of course, must be able to prove their case in a civil court.
Possible defendants
Plane crashes can occur for many different reasons, including:
- Pilot error
- Pilot intoxication
- Defective manufacturing of the aircraft
- Defective parts or electronic components, and more
Depending on the type of aircraft involved and the circumstances of the crash, the incident will be investigated by the National Transportation Safety Board or the Federal Aviation Agency, and possibly even the Federal Bureau of Investigation.
Legal representation
Because of the complexities of plane crashes and the different agencies that may be involved in the investigation, it’s important that you retain a superior personal injury or wrongful death attorney to represent you. You want to be confident that you have someone on your side who can meet the challenges of an airplane crash investigation.
The team of attorneys at the J. Gonzalez Law Firm can give you that confidence. J. Gonzalez has ties to experts who can conduct their own investigation on your behalf if that’s what’s needed to get to the bottom of the crash.
Contact J. Gonzalez today via this website or by calling 1-800-CAR-CRASH to learn more about how we can represent you in your Texas plane crash case.
Woman struck by vehicle while jogging
Posted on Friday, August 23rd, 2024 at 7:06 pm
A jogger was struck by a vehicle in the early morning hours of August 22, according to a report from KRGV News.
The television news station reported that the auto-pedestrian accident happened near the intersection of Bentsen Road and Pecan Boulevard in west McAllen.
KRGV quoted McAllen Police Sgt. John Saenz, who said the woman was jogging in the area when she was struck by the vehicle.
Saenz said the victim was taken to a local hospital with non-life threatening injuries. The driver stayed at the scene to comply with officers, according to the report.
No other details were immediately available.
Take precautions when jogging
The J. Gonzalez Law Firm wants everyone to be as safe as possible while jogging or walking near public roads. Drivers may have trouble seeing you, so it’s imperative to act defensively. Always be on the lookout for drivers in front of and behind you, and make yourself as highly visible as possible.
- Wearing bright clothing or a reflective safety vest
- Follow traffic laws
- Run in daylight
- Whenever possible, run in parks or neighborhood streets
- Don’t use headphones or earbuds
Common causes of auto-pedestrian accidents
Distracted driving is the leading cause of jogger-vehicular accidents in Texas. This includes drivers who are distracted by passengers, adjusting audio devices, and texting while driving.
The second most-common cause is driving while intoxicated. Drunken drivers who strike a pedestrian can face criminal charges, and they can be held liable for a pedestrian’s injuries in civil court.
Additionally, legal vendors of alcohol can be held liable under the Texas Dram Shop Act, if the vendor sold alcohol to a minor under the age of 18 or if they sold alcohol to a customer of any age who was already clearly intoxicated enough to pose an obvious threat to their own safety or the safety of others.
In either case, a plaintiff must prove that the driver’s intoxication was a cause of the accident.
Call J. Gonzalez if you have questions
If you are a victim of an auto-pedestrian accident and you believe the driver was negligent, the J. Gonzalez Law Firm would like to hear from you. Remember, even if you were partly to blame, you still might be entitled to compensation.
The personal injury attorneys at the J. Gonzalez Law Firm will aggressively defend your right to be compensated for your injuries. If you’ve lost an immediate family member due to an auto-pedestrian accident, our legal team can also assist you if there are grounds for a wrongful death lawsuit.
Contact us immediately via this website, or by calling 1-800-CAR-CRASH.
Source: https://www.krgv.com/news/female-runner-struck-by-vehicle-in-mcallen
Calculating compensation for pain and suffering in Texas
Posted on Tuesday, August 20th, 2024 at 4:44 pm
A personal injury lawsuit can recover monetary compensation for personal and property damages sustained because of someone else’s negligence. The types of damages can include medical bills, damage to property, lost income, and pain and suffering. Pain and suffering are subjective experiences that are difficult to calculate since there is no receipt or bill for this type of loss. Instead, a different method is used in Texas to determine its value.
Pain and suffering explained
Pain and suffering are damages that can be pursued in a personal injury lawsuit for the long-term effects that an accident and injury have on a victim’s life. Damages that fall under pain and suffering are usually confined to two types of damages: physical and mental pain.
Physical pain and suffering
Physical pain and suffering can be temporary or chronic. When they become chronic, the discomfort and reduced mobility can last for years following an accident or for the rest of the victims’ lives. Thus, it can be difficult or impossible to perform tasks at work or engage in favorite activities and hobbies.
Mental pain and suffering
Chronic pain can lead to psychological complications after an injury accident. These complications can include:
- Depression
- Anxiety
- Fear
- Mood swings
- Lack of energy
- Sleep problems, and more.
Each of these complications can make it difficult to cope with daily life. In general, the more severe the injury, the greater the pain and suffering award will be.
The multiplier method
In Texas, the multiplier method is the most-common technique used to calculate pain and suffering damages. The multiplier method calculates all your injury-related economic damages, such as medical bills, damage to property, and lost wages. That amount is then multiplied by a certain rate between 1.5 and 5, depending upon the severity of your injuries.
For instance, if economic damages total $10,000 and a judge or jury decides to use a multiplier of 2, the amount of pain and suffering damages would be $20,000. With the $10,000 in economic damages, the total compensation would be $30,000.
Contact J. Gonzalez today
Don’t navigate your personal injury compensation alone. The opposing party, usually an insurance provider, will try to get you to settle out of court for much less than you deserve. The experienced personal injury lawyers at the J. Gonzalez Law Firm are here to fight for your rights and help you obtain the compensation you deserve. You can reach us via this website, or by calling 1-800-CAR-CRASH.
No injuries reported in car-train collision
Posted on Friday, August 16th, 2024 at 7:06 pm
MISSION — Two women escaped injury in an August 12 car-train collision in Mission. The crash happened at about 5:56 p.m. at the intersection of Shary Road and US Business Highway 83, according to the Mission police and fire departments.
Police told ValleyCentral that two women were traveling in a SUV when it “experienced mechanical issues” and stalled on the railroad tracks.
The two women were able to exit the vehicle before the train collided with it, according to the report. The intersection was briefly closed as authorities cleared the accident site.
Medical examinations following auto accidents
The J. Gonzalez law Firm advises medical examinations for anyone who is involved in a crash. The reason is that many crash victims can be injured without even knowing it. Here are just a few of the injuries that might not be apparent in the immediate aftermath of an accident:
· Whiplash
· Internal bleeding
· Spinal injury
The effects of these injuries can be easily overlooked when symptoms are not immediately present, so it’s best to have a doctor conduct an examination.
Consequences
Injuries can worsen over time. Delaying treatment can increase the time it takes to recover and it could lead to long-term effects that might have been avoided had the injury been treated in its early stages. This can affect a person’s quality of life over an extended period of time.
Injuries must be documented after a crash in order to receive compensation. An insurance company might refuse a claim when a victim waits until symptoms appear. It is easier to verify that a victim’s injuries were due to a specific accident if they are documented right away.
Contact J. Gonzalez when you are involved in a Texas car accident
Injuries after a car crash can be life-changing, but the victim’s response time can make a huge difference in the amount of compensation that is awarded.
The experienced personal injury attorneys at the J. Gonzalez Law Firm can provide a comprehensive evaluation of your case, even if you refused an initial medical exam. You can reach out to us via this website, or you can schedule an appointment by calling 1-800-CAR-CRASH.
Source: https://www.valleycentral.com/news/local-news/mission-fd-on-the-scene-of-train-collision/
Man killed in auto-pedestrian crash in La Feria
Posted on Friday, August 9th, 2024 at 6:47 pm
LA FERIA — La Feria police have identified a man who was killed in an August 1 auto-pedestrian accident, according to a report by ValleyCentral.
The incident occurred at the intersection of Expressway 83 and FM 733 near Kansas City Road.
La Feria Police Department Investigator Ramon Tello told ValleyCentral that the driver who hit the man on the expressway called 911, stopped, and rendered aid.
The victim was identified as 60-year-old, Mercedes resident Gregorio Gonzalez.
La Feria Police Chief Cesar Diaz told ValleyCentral that the man was on the fast lane of the expressway when he was hit. Police added that Gonzalez was walking home at the time of the crash.
The crash was ruled an accident. A toxicology report has been ordered, according to the news outlet.
Auto-pedestrian victims may be entitled to compensation for a car accident in Texas even when the victim is found to be partly at fault. The same applies to immediate family members in cases where the victim is killed.
Texas Comparative Negligence
Texas follows a specific type of comparative negligence doctrine known as the modified comparative fault 51% Bar Rule. It is also known as proportionate responsibility. Under this law:
- Pedestrians who are partly to blame for causing an auto-pedestrian accident can recover damages as long as they’re 50% or less at fault for the accident.
- If crash victims are 51% or more at fault, they won’t be able to recover compensation under Texas law.
- When a partially at-fault victim is awarded compensation, the compensation is typically reduced by the same amount as their percentage of fault.
Protect your rights
It’s important to remember that initial fault determinations aren’t always correct. Police, insurance companies, and others can make mistakes. Incorrect conclusions can occur when certain evidence isn’t available, such as the results of a blood/alcohol test. Vehicle maintenance records and commercial driver’s license credentials can also be delayed and these can be key pieces of evidence when determining percentage of fault.
It’s only prudent that victims retain a qualified personal injury attorney who will make sure the investigation into the accident is thorough and conclusive. Don’t rely on someone else’s word on a fault determination. Opposing parties such as an insurance company will be trying to place as much of the blame on the victim as they possibly can in order to save themselves money.
The J. Gonzalez Law Firm has decades of experience protecting the rights of crash victims, so they know how to push back against wrongful fault determinations. J. Gonzalez and his team can preserve the value of your claim, and they will fight for you until you recover a full and fair compensation. Contact us today via this website, or by calling 1-800-CAR-CRASH to see if we can go to work for you.
Source: https://www.valleycentral.com/news/local-news/man-killed-in-auto-pedestrian-crash-in-la-feria/
Three-vehicle crash leaves two hospitalized
Posted on Friday, August 9th, 2024 at 4:22 pm
MISSION — The Mission Police Department was investigating a three-vehicle crash that left two people hospitalized on August 5, according to a report by Valley Central.
At 12:38 p.m. authorities responded to the 2000 block of Westbound Frontage Road about a crash, Mission PD told ValleyCentral.
The report states that a preliminary investigation revealed a maroon Jeep was being driven at a high rate of speed and crashed into the back of a BMW, causing it to spin. Art Flores with Mission PD told the news outlet that the Jeep rolled over during the accident.
The BMW, meanwhile, crashed into the driver side of a white Odyssey van.
The driver of the Odyssey did not sustain any major injuries and was not transported to a hospital, the report stated, while adding that both the driver and passenger of the BMW were taken to the hospital and reported to be in stable condition.
The crash was still under investigation at this writing.
Chain reaction accidents and personal injury
Each chain reaction car accident is unique, but most of them have a couple of questions in common – Who was at fault for the initial collision? And does that fault apply to any subsequent collisions? The answers will impact a person’s ability to successfully file a personal injury claim against the at-fault driver or drivers.
What is “fault?”
Proving fault in a motor vehicle accident is far more complicated than pointing a finger at a particular driver. To determine fault in a personal injury case of any kind, one needs to prove that a person’s actions or negligence were at least partially to blame for the accident occurring.
The basic rule of thumb is that the first driver who caused the first collision that led to all subsequent crashes is generally the at-fault party. However, “rule of thumb” is a turn of phrase, not a legal term with any force of law. Determining liability is going to hang on the facts behind each particular accident.
For example, if two drivers are driving recklessly while street racing, they could both be held at fault if they collide and one or both of their vehicles strikes your vehicle. Chain reaction accidents can get very complicated.
Will you need representation?
You will absolutely need legal representation, and your best choice for personal injury representation is the J. Gonzalez Law Firm. Insurance companies and court defendants are going to have attorneys on their side, so it only makes sense that you should have the best attorneys you can find on your side. The experienced team of personal injury attorneys at the J. Gonzalez Law Firm will ensure that your rights are not trampled on by the other side’s lawyers.
If you or a loved one are injured in a multi-car collision, the team of personal injury attorneys at the J. Gonzalez Law Firm are here to help. We have experience handling complex cases where determining a guilty party may be more complicated than usual. Our attorneys are dedicated to helping our clients to ensure the best possible outcome.
Call us today at 1-800-CAR-CRASH to get started on building the strongest case possible in your favor.
Source: https://www.valleycentral.com/news/local-news/pd-3-vehicle-crash-left-two-hospitalized/
Fiery fatal car crash claims one life
Posted on Friday, August 2nd, 2024 at 9:11 pm
A fiery crash east of Edinburg claimed the life of an elderly man whose body, according to Texas DPS investigators, was left “burned beyond recognition.”
According to a DPS news release, the crash happened July 29 at about 5:43 p.m. on Depot Road, north of Mile 17 1⁄2 Road.
DPS said its preliminary investigation revealed a maroon Ford F-150 that was occupied by one male driver was traveling northbound on Depot Road, while a red Toyota FJ Cruiser occupied by one female driver was traveling southbound on the same road.
“For unknown reasons, the driver of the Ford veered onto the southbound lane of Depot Road and collided with the Toyota,” the release stated. The DPS report also stated that the truck burst into flames with the driver pinned inside.
DPS later identified the victim as 79-year-old Jose Luis Loredo of McAllen. Loredo died at the scene, but it was not immediately clear whether he was killed by the impact of the collision or by the ensuing fire.
Meanwhile, the driver of the Toyota was transported to Doctors Hospital at Renaissance in Edinburg with non-life threatening injuries, according to DPS.
DPS was still investigating the fatal crash as of this writing.
Vehicle fire frequency
The U.S. Fire Administration estimates that fewer than one percent of car fires are due to design flaws. Safety laws have nearly eliminated manufacturing defects in automobiles and their component parts. However, defective vehicles and defective vehicle parts can still slip by on rare occasions, and they can remain hidden until there’s a catastrophic accident.
Sources of vehicle fires
Some of the most common types of vehicle defects that can lead to fires include, but are not limited to:
· Defective airbag detonators
· Defects in a vehicle’s gas tank or fuel-delivery system
· Electrical system defects
· Faulty batteries or components
· Leaky hoses that drip or spray flammable liquids like engine oil, power steering fluid, or brake fluid
Common consequences of vehicle fires
In addition to burns, other vehicle fire injuries can include:
· Eye injuries from smoke or flames
· Lung damage from breathing toxic fumes
· Wrongful death
Who is liable for a vehicle fire caused by a defect?
The step in determining liability is to establish how the fire started. If the cause is determined to be a vehicle defect, liability could fall with the designer, the manufacturer, or even the dealership that sold the vehicle. Further investigation would be needed.
If the fire was caused by a defective part, liability might fall on the company that assembled the part. If the part was not defective, but it was installed improperly, then the assembly plant might shoulder the blame.
J. Gonzalez can help build your case
If you were injured in a vehicle fire or if an immediate family member was killed in a vehicle fire, you will likely be unsure if you have a personal injury or wrongful death claim. You will need professional help to determine if you were victimized by some sort of vehicle defect.
The personal injury lawyers at the J. Gonzalez Law Firm can sit down with you free of charge to answer your questions and provide the legal guidance you need to make informed decisions about the direction of your case.
The J. Gonzalez Law Firm operates on a contingency basis, meaning if we take your case, you will not have to pay anything unless we win the legal settlement you deserve.
Contact us today via this website, or by calling 1-800-CAR-CRASH. Let us explain how we can help you move forward confidence.