On Sunday, September 30th, a Harlingen man was taken to the city jail by authorities when a woman fell from his vehicle while it was in motion.

Details of the Incident

According to the Harlingen Police Department, the incident occurred on the Westbound lane of Expressway 83 around 6 p.m., near the Bass Boulevard exit.

Authorities said that when they arrived on the scene, they found a 29-year-old woman who had fallen from a moving car for reasons unknown. She sustained injuries and was taken to a local hospital for treatment.

The driver of the vehicle was arrested by police for suspicion of driving while intoxicated.

The investigation into the incident continues.

Driving While Intoxicated Defined

Texas Penal Code Section 49.01 defines intoxication by “not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.”

It also considers having a blood alcohol concentration over 0.08 as driving while intoxicated.

The Texas Department of Transportation (TxDOT) states that violators caught drinking and driving can face a number of punishments depending on the number of convictions they have. These penalties can include:

• A fine up to $10,000
• Jail time from three days to 10 years
• Loss of driver’s license for up to two years
• An annual fee of $1,000, $1,500, or $2,000 for three years to keep your driver’s license

It is important to note again that the severity of the penalties above are determined on how many prior convictions of driving while intoxicated the negligent party has on their record.

The Alarming Statistics

The National Highway Traffic Safety Administration (NHTSA) noted some staggering facts in a 2016 report:

• While drunk driving has decreased by a third over the last three decades, more than 10,000 people still die in drunk driving-related crashes per year.
• Every day in 2016, nearly 29 United States citizens perished in alcohol-impaired car accidents, equaling to about one death every 50 minutes.
• Around 28 percent of motor vehicle fatalities were caused by alcohol-impaired driving in 2016.
• Even more tragically, 1,233 children aged 14 and under were killed in a drunk-driving car accident in 2016.
• The amount of death and damages that occurred in 2010 because of alcohol-impaired vehicle crashes totaled to $44 billion per year.

Staying Safe

You may have heard it a thousand times before but it bears repeating. Before you drink and drive:

1. Find a designated, non-drinking driver.
2. Don’t let your friends drive drunk.
3. Call a cab/Lyft/Uber.
4. If you are holding a celebration or any other type of event at home, ensure that your friends and other guests make arrangements on how to get home. That means:
   1. Getting—or ensuring they have—a designated, non-drinking driver.
   2. Serving non-alcoholic beverages at your party.
   3. Offering them a place to sleep for the night.
   4. Making sure they leave with a sober driver.

Don’t let an evening of fun turn to an evening of tragedy. Make sure you are abiding by the law—and keeping others safe—by avoiding drinking and driving.

Has your life changed forever because of a negligent drunk driver? Reach out to our car accident attorneys today.  

The car accident attorneys at J. Gonzalez Injury Attorneys want to remind you that one bad decision is all it takes to change your life — or someone else’s— forever.

More importantly, if you have fallen victim to a car accident that involved a drunk driver, we want to hear your story. You could qualify for much-needed compensation for your injuries.

Contact us at any of our McAllen, Brownsville, or Rio Grande City locations to set up your free legal consultation today.

Source: ValleyCentral

A school trip to Sea World ended in a bus crash north of Lampasas this past Saturday, September 29th.

Details of the Accident

A school bus carrying 24 girls between the ages 10 and 11 was southbound on Highway 281 headed to San Antonio for an exciting trip to Sea World when the bus driver lost control of the vehicle. The crash was subsequently reported around 3:15 p.m.

Lampasas fire, police, and sheriff’s offices responded to the accident. Several of the young students suffered head injuries and were rushed to local hospitals for treatment.

A spokeswoman for Metroplex Hospital in Killeen commented that six victims had been rushed to the emergency room, but thankfully, none of the injuries were life-threatening.

An investigation was conducted by the Texas Department of Public Safety at the scene, closing the highway down for several hours. Another bus carrying all boys was taken to Lampasas Middle School.

School Bus Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), a school bus accident is defined as a crash where a vehicle used as a school bus is directly or indirectly involved – regardless of the body type. This definition extends to incidents where children are entering and exiting a bus.

According to the American School Bus Council:

• Approximately 480,000 school buses chauffeur some 25 million children to school every day.
• Every school bus eliminates around 36 cars off of the road.

The NHTSA conducted eye-opening research where they found that:

• Between 2007 and 2016, approximately 1,282 people of all ages died in a school transportation-related accident, averaging to about 128 deaths per year.
• Between 2007 and 2016, 281 school-aged children perished in a school transportation-related accident:
  • 58 were occupants of a school transportation vehicle like a school bus.
  • 116 were occupants of a passenger vehicle.
  • 98 were pedestrians.
  • 8 were pedal cyclists.
  • 1 was a non-occupant.
• 45 percent of fatal school transportation-related accidents involved impacts to the front-end of the school bus.

While these statistics are tragic, the truth is that school bus accidents are quite rare, signaling that school bus travel is the safest form of transportation for children, according to the NHTSA.

Have you, your child, or a loved been involved in a school bus accident? Reach out to the J. Gonzalez Injury Attorneys today.

As parents, we trust the safety of our children to other adults throughout the school year. But sometimes accidents may happen.

Trust in the experienced personal injury attorneys at J. Gonzalez Injury Attorneys to fight for the compensation you and your children need to recuperate.

Contact us at any of our McAllen, Brownsville, or Rio Grande City locations to set up your free legal consultation today.

Source: ValleyCentral

On Tuesday, September 25, at approximately 10:20 p.m., a fatal accident occurred in Weslaco on Farm-to-Market Road near Mile 11 Road.

Reports from the investigation reveal that a motorcyclist fell off of his bike, a 2006 Suzuki Colt, while heading south on the innermost lane of F.M. 1015 near Rosa Street.

The motorcyclist was then struck by a 2005 Dodge pickup after falling off of his bike. Unfortunately, the biker did not survive the nighttime accident. The victim, from San Benito, was just 29 years old.

Motorcycle Accident Statistics

While the frequency of motorcycle accidents is not as high as traditional passenger vehicles, the nature of the vehicle makes motorcyclists much more vulnerable to injury and susceptible to death in the event of a collision.

These rates are even higher for motorcyclists that do not wear vital protective gear such as helmets.

The National Highway Traffic Safety Administration (NHTSA) fact sheet for motorcycle accident statistics for the year of 2016 revealed:

• Motorcyclists deaths occur at a rate 28 times higher than fatalities in traditional passenger vehicle accidents.
• In 2016, 5,286 motorcyclists were killed on U.S. highways.
• Of the motorcyclists involved in fatal accidents that year, 27 percent of motorcyclists were on the road without a valid motorcycle license.
• Out of all motorcyclists that were killed in single-vehicle accident in 2016, 37 percent had alcohol in their system.
• NHTSA estimates that 1,859 motorcyclists survived accidents because of helmets, while 802 deaths could have been prevented if motorcyclists had worn their helmets.

Additionally, 2016 data from the Insurance Institute for Highway Safety Highway Loss showed that safety helmets are 37 percent effective in preventing deaths in motorcycle accidents and 67 percent effective in eliminating the chance of a brain injury.

Tips to Prevent Motorcycle Accidents

1. Wear the appropriate attire.

Make sure to suit up in long sleeves, pants, closed toe shoes/ boots, and even gloves. Proper attire while driving will give you added protection.

2. Increase visibility.

As a motorcyclist, you are at a disadvantage for driving a smaller vehicle. It is important to wear bright colors or reflective pieces, especially at night, to increase visibility.

3. Safety helmet check.

Wearing a helmet can save your life. It can also prevent severe or life-changing brain injuries. You should ALWAYS wear a helmet on every ride, no matter the distance.

4. Undivided attention to the road.

Do not, under any circumstance, ride under the influence. Also, avoid taking your hands off the steering handles while driving. You put your life and the lives of others on the line when you participate in distracted driving.

5. Extra caution at intersections.

A common cause of accidents involves left turns and intersections. Be extra cautious when navigating these turns.

6. Check the weather app.

Bad weather poses more danger to motorcyclists who travel without the exterior protection of a vehicle. Avoid riding in storms and check the weather app for the most appropriate times to ride out.

7. Safety courses and license.

You should not ride without a valid motorcycle license. Also, if it has been a while, try attending a refresher safety course on how to safely ride your bike on the highway.

8. Share the road.

This one applies to both motorcyclists and drivers of other vehicles. Other vehicles should keep an open eye for bikers as they are more vulnerable on the roads because of the smaller size of their vehicle.

The physical and emotional effects of being involved in a motorcycle accident are immense and hard to recover from. No individual should suffer alone. Find comfort in knowing that then J. Gonzalez Injury Attorneys are ready to assist you.

If you or a loved one has been injured or died in a motorcycle accident caused by the negligence of another, contact J. Gonzalez Injury Attorneys to fight for the compensation your situation warrants.

A Mission man lost his life over the weekend in a crash that happened north of Alton.

Details of the Accident

According to the Texas Department of Public Safety, the car accident occurred on 8 Mile Line and FM 2993 north of Alton just after 9:45 p.m., on September 23rd, when a Dodge Stratus—with three passengers—struck a cow that had wandered on to the road.

The vehicle struck the animal with enough force to cause one of the passengers – a 32-year-old man – to perish at the scene. The driver was taken to Mission Regional Hospital for treatment.

Authorities are continuing their investigation into the accident.

Vehicle-Animal Collision Statistics

Farmers Insurance, in their Fall 2017 digest, noted some important facts regarding vehicle-animal collisions:

• Deer collisions are estimated to cause more than $1.1 billion in vehicle damage annually.
• 64% of Americans incorrectly believe that swerving or trying to stop before hitting an animal is the best way to protect themselves.
• The three months of September, October, and November have the highest rates of animal collisions (34%).
• In Texas, during these three months, 27% of accidents are caused by a collision with an animal.

According to the Insurance Institute for Highway Safety (IIHS) and Insurance Council of Texas:

• More than 5,000 vehicle/animal crashes occur annually on Texas highways.
• An average of 17 people are killed in these types of crashes.
• Crashes with deer occur most frequently in rural areas.

Texas Stock Laws

Livestock are not permitted to roam unattended along a state or federal highway. However, livestock laws can vary from county to county:

• Open Range County – In an open range county, property owners must construct and maintain fences to keep livestock off of their property. However, they wouldn’t have to enclose their own livestock. Lastly, livestock are not allowed to roam without supervision along state or federal highways.
• Closed Range County – With stock laws enabled in a county, it is a closed range county. Here, livestock owners must fence in their livestock, and if one of their livestock is struck by a car, depending on the circumstances, they may be held liable for damages.

If you are a landowner in a closed range county, you have a higher obligation to make sure that your livestock do not trespass on to highways. That means patching up holes in your fence and ensuring that the structure is in top shape to keep your livestock in. Failing to do so can make you liable should one of your livestock get loose and cause a car accident.

An experienced personal injury lawyer—like the ones at J. Gonzalez Injury Attorneys—must be able to prove that the owner knowingly allowed his cattle to roam freely on an interstate or state highway. This is a form of negligence that could fault the cattle owner for damages.

Types of Injuries Sustained

These types of car accidents tend to be catastrophic. Cows generally weigh over 1,000 pounds and deers can way into the hundreds. Colliding into one at a high speed can cause:

• Broken or fractured bones
• Severed limbs
• Internal organ damage
• Paralysis including paraplegia or quadriplegia
• Head or brain injury or trauma
• Death

It is also worth noting that these traumatic experiences do not just generate physical injury but could affect survivors mentally and emotionally as well.

Have you or someone you loved been recently involved in a car accident? Contact J. Gonzalez Injury Attorneys today.

The Rio Grande Valley is sprawling with rich farm and ranch land from Roma all the way to Port Isabel. Because of this, the risks of a livestock automobile collision are high.

If you or a loved one has been injured due to this type of accident, let the experienced car accident attorneys at J. Gonzalez Injury Attorneys help you seek out the compensation you need to recover.

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

Source: KRGV and ValleyCentral

According to the Texas Department of Public Safety, a fatal car accident occurred this past weekend in Palmview that left one man dead.

Details of the Incident

Late Sunday evening, on September 23, on La Homa Road south of 6 Mile Road, a man was found with grievous injuries on the southbound lane. Authorities state that the person had been struck by an unknown vehicle.

The man, who has been identified and is from Guatemala, was airlifted to Valley Baptist Medical Center in Harlingen. Sadly, the individual lost his life on Monday.

Police are still searching for a vehicle that matches the paint chips found at the scene. Investigators believe that the vehicle is possibly of a purple hue.

A Growing Trend

Data provided by the American Automobile Association (AAA) shows that the number of hit-and-run crashes between 2006 through 2015 averaged to approximately 618,000 per year in the United States.

The report also cited that:

• 2015 saw the most fatalities occurring from hit-and-run crashes during this time frame with 1,819 deaths.
• In 2015, the number of fatalities from a hit-and-run accounted for 5.1 percent of all fatal traffic accidents.

Texas law demands that if you have been involved in a car accident, you must stop and render aid at the scene of the accident. Failure to do so can result in a serious criminal charge that can include a hefty fine, long prison sentence, or both.

Keeping You and Those You Love Safe

At J. Gonzalez Injury Attorneys, our main aim is to keep the public safe. When accidents happen, however, our tough and experienced McAllen car accident attorneys will fight tooth and nail to get you the compensation you deserve.

Here are a few things you can do to keep you and your family safe from encountering a hit-and-run car accident:

1. Stick with the basics. Always look both ways before crossing the street. That means looking left, then right, then left one more time before you walk across. Don’t forget to hold your children’s hand and teach them how to stay safe if they ever have to cross a road without your supervision.
2. Stay vigilant. Beware of garages, driveways, and parking lots. Cars reverse out of and pull into these areas all the time, and depending on the design, they may not be able to see a pedestrian.
3. Wear bright colors. If you must go out on foot at night, wear something bright. The last thing you want to do is to blend in with the environment. Bright colors that reflect light include white and yellow.
4. Stay off of the road. If you must travel on foot, stay on the sidewalks and cross only at crosswalks. This is where drivers expect pedestrians to be. If there aren’t any, walk on the edge of the road against traffic so that you can see any oncoming cars that may not be able to see you.

Have you or someone you love fallen victim to a hit-and-run or pedestrian-auto accident? Our car accident attorneys want to hear your story.

The experienced car accident attorneys at J. Gonzalez Injury Attorneys have the skills necessary to serve you justice from a hit-and-run or auto-pedestrian accident, earning you a compensation worthy of your time, pain, and suffering.

Contact us at any of our McAllen, Brownsville, or Rio Grande City locations to set up your free legal consultation today.

Source: ValleyCentral

A high-speed chase in the Upper Valley on August 30th sent one suspected human smuggler and three undocumented immigrants to a local hospital.

Details of the Incident

According to authorities, a traffic stop in La Joya at around 4 p.m., turned into a vehicle pursuit when the driver failed to come to a stop and instead attempted to speed away.

After a brief pursuit, the vehicle, driven by a suspected human smuggler with three undocumented immigrants, ended up rolling over into a ditch on Alma Street near Expressway 83 in Peñitas.

Luckily, no one was seriously injured in the car accident. All subjects were taken to a local hospital for treatment. The driver of the vehicle was arrested and is facing charges for evading arrest and human smuggling.

The car accident remains under investigation by authorities.

Police Vehicle Pursuits and Car Accident Statistics

The Bureau of Justice Statistics (BJS) collected data regarding police vehicle pursuits and drafted a report that highlighted their findings:

• An estimated 68,000 vehicle pursuits occurred in 2012.
• An average of 355 persons were killed in vehicle pursuit-related car accidents annually between 1996 and 2015. That is an average of one person dying every day because of this type of accident.

The Federal Bureau of Investigation (FBI) also shed a little light regarding the dangers of vehicle pursuits, concluding that:

• Approximately 1 percent of United States law enforcement perished in the line of duty as a result of vehicle pursuits.
• Bystanders or other innocent third parties made up 42 percent of persons killed as a result of vehicle pursuits.
• About 1 out of 100 high-speed pursuits ended in a fatality.

Staying Safe

Police officers have protocols that they must follow in order to ensure not only their own safety, but the safety of the general public. Generally speaking, whenever you see an emergency vehicle with its lights on, you should:

• Pull over to the right side of the road if you are on a two-way road.
• If on a one-way road, pull over to whichever side is nearest to your vehicle.
• Proceed through an intersection if you are already committed to the turn, otherwise, wait for the emergency vehicle to pass by.
• Come to a stop.
• Remain at a stop until all emergency vehicles have passed by.
• You don’t have to come to a stop if your vehicle is separated from the emergency vehicle by a median or barrier.
• If you are in the left lane and wanting to pull over to the right side, signal and proceed when it is safe.

Have you or someone you love been endangered and suffered a car accident because of a vehicle pursuit? Call on an expert car accident attorney you can trust in. Call on an a committed legal team who can get you the compensation you deserve. Call the J. Gonzalez Injury Attorneys.

Vehicle pursuits can be dangerous for everyone on the road. If someone is evading police and traveling at high speeds, there lies a great risk of harming others.

If you have been injured because of a car accident resulting from a vehicle pursuit, seek the aid of an expert car accident attorney like the ones at J. Gonzalez Injury Attorneys.

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

Image and Information pulled from ValleyCentral.

Authorities in Edinburg are looking for a driver responsible for a hit-and-run that occurred Monday night.

Details of the Incident

On the night of Monday, August 27, a woman was struck by a black four-door Nissan Altima on University Drive. Fortunately, the victim of the hit-and-run only suffered minor injuries.

The search continues for the driver responsible. In Texas, a hit-and-run can be considered a third-degree felony.

Hit-And-Runs and Texas Law

In order to ensure that everyone traveling on Texas’ roads is provided aid and safety when they need it most, legislators have passed a number of laws that are designed to keep those involved in car accidents at (or near) the scene of the incident.

In particular, § 550.021 requires that everyone involved in a car accident that resulted in the injury or death of another party is responsible for:

• Stopping the vehicle at the scene of the accident—or as near as possible— without obstructing traffic as much as possible.
• Staying at the scene of the accident until further instruction from authorities.
• Returning to the scene of the accident if you didn’t initially stop.

In cases where damage was caused to a vehicle, § 550.022 requires drivers involved to:

• Stop at, or nearby, the location where the accident took place, taking caution to not impede traffic.
• Remain there until instructed otherwise or other requirements have been met.

Failure to stop immediately after a car accident carries with it penalties such as:

• In car accidents that involve serious injury or death, a felony of the third-degree may be applicable. Under § 12.34, imprisonment from two and up to 10 years with a fine up to $10,000, is a real possibility.
• In other cases where a hit-and-run driver fails to stop after harming another driver, they can expect a prison sentence up to five years, or a county jail sentence up to one year and/or a fine that doesn’t exceed $5,000.
• For those who fail to stop after damaging property— like a parked car, for instance — that doesn’t exceed $200 in damage, a Class C misdemeanor is applicable, resulting in a fine up to $500. For damages greater than $200, a Class B misdemeanor may be applicable, meaning a hit-and-run driver may be fined no more than $2,000 and/or serve a jail sentence up to 180 days.

What You Can Do If You Have Been In a Hit-And-Run Car Accident

There are certainly legal challenges that come with being involved in a hit-and-run accident, but one of the most important steps that you can do is to try to remember as many details of the incident as possible. Ask yourself:

• Did you see or can you remember what the license plate number was?
• What kind of condition was the hit-and-run driver’s car in?
• Were you able to interact at all with the driver? What condition were they in?
• What color was the car that caused the accident?
• Was it a newer model or older?
• Did the car have anything noticeable about it, such as a bumper sticker or color that made it stand out?
• Was the car speeding? (Police may be able to check stoplights that have a camera.)
• Were there any nearby stores or businesses that have video cameras?

Finding answers to these questions can help pinpoint who is responsible for your hit-and-run car accident. It is in your own best interest to answer these questions and write down notes as soon after the accident as possible. Your memory of events may change or become foggier with time so get this information down immediately.

It is also important for your investigation to share any of this information with the police and your car accident attorney.

You will also want to get in contact with your insurance company to file a claim. Even if you don’t have any information regarding the other driver, it may be possible that you have underinsured coverage which can potentially cover some damage or medical expenses.

According to the American Automobile Association Study, Hit-And-Runs Have Increased in the United States at an Average of 7.2 Percent Per Year Since 2009. Don’t Become Another Silent Statistic.

Just because you’ve fallen victim to a hit-and-run doesn’t mean all hope for some sort of relief is out of reach. You are due compensation for your traumatic experience.

At J. Gonzalez Injury Attorneys, it is our duty to ensure that you get the justice you deserve. If you’ve been involved in a hit-and-run, enlist the aid of our expert car accident attorneys to ease your worries. We’ll fight to get the compensation you need to get you back up on your feet.

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

Image and information pulled from krgv.com.

Last Monday, a woman was involved in an accident involving a police car.

Details of the Incident

A 64-year-old woman was hospitalized last Monday night—August 20, 2018—after being struck by a police vehicle in Harlingen around 9:30 p.m.

The accident occurred on the 700 block of North 1st street, and local officials state that the woman, who was traveling westbound, darted into the street where she was struck by the driver’s side mirror of a police vehicle traveling south.

Emergency response arrived and aided the victim before transporting her to the Valley Baptist Center for non-life-threatening injuries.

Harlingen officials, along with highway enforcement officers, are continuing to investigate the issue as it is uncertain who exactly is at fault.

Determining Fault in a Pedestrian/Vehicle Accident

It isn’t always easy determining who is at fault when it involves a pedestrian. Normally, it is left up to the Law of Negligence.

In the state of Texas, negligence is usually defined as the failure to provide safety and sufficient care that is expected of someone to minimize the risk of injury or harm to another. In other words, if you fail to act in a manner meant to protect not only yourself but those around you, you are acting in negligence.

As far as negligence is concerned regarding pedestrians, some prime examples authorities would have to review include:

1. If the pedestrian was jaywalking
2. If the pedestrian was crossing the crosswalk when he or she wasn’t signaled to do so by an Accessible Pedestrian Signal (APS).
3. If the pedestrian is entering a street or highway while intoxicated.
4. If the pedestrian is walking along the highway, causeway, or bridge where access is prohibited to pedestrians.

Pedestrians aren’t solely the source of negligence in an accident, however. Drivers can be, and often are, the negligent party. Some examples of negligence that drivers can commit are:

1. Distracted driving (e.g. using a cellphone to talk or text while driving, eating or drinking while driving, changing the music, programming a GPS).
2. Making a rolling stop (i.e. not making a full stop).
3. Speeding
4. Running a red light
5. Drunk Driving

It is also important to note that both parties can show signs of negligence. If a driver was texting while driving and managed to hit a pedestrian who ignored an APS that didn’t give the “Okay” to cross a crosswalk, both parties would be at fault.

Have You or Someone You Love Been Involved in a Pedestrian Accident? Our Car Accident Attorneys Want to Hear From You.

The J. Gonzalez Injury Attorneys team has years of experience fighting to obtain the due compensation owed to their clients. We’ve got what it takes to deliver justice to you or your loved one, granting you peace of mind and making your period of recovery easier to shoulder.

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

Image and information pulled from foxrio2.com and krgv.com.

A family trip to Lansing, Michigan, came to a tragic conclusion when their SUV slammed into an elementary school this past weekend.

Details of the Accident

According to local authorities in Lansing, an SUV carrying family members crashed into an elementary school late into the evening over the weekend, ultimately killing three out of the five that were riding: two adults, 43 and 36, and one 11-year-old girl.

The two surviving family members, children ages 5 and 10, are in stable condition at the local hospital. The family, originally from Weslaco, had moved to the area as migrant workers.

According to KRGV, the Lansing Public Information Officer stated that alcohol did play a role in the incident.

Driving While Intoxicated Statistics

While it is uncertain if the driver of the vehicle was intoxicated, according to authorities, alcohol did play a factor in the crash.

To illustrate the severity of drunk driving, the Center of Disease Control and Prevention created a fact sheet highlighting drunk driving statistics pulled from studies between 2003 to 2012. The information gathered was alarming:

• During that time frame, 13,138 individuals lost their lives in crashes involving a drunk driver in the state of Texas.
• About one out of three traffic deaths in the United States can be attributed to drunk driving.
• In 2012, the majority of deaths per 100,000 people belonged to the 21 to 34 year old age group.

The Consequences

Texas law states that having a blood—or breath—alcohol concentration (BAC) of 0.08 percent is considering drunk driving. Your blood alcohol concentration depends on your gender, body weight, the number of drinks you had, and how much you had to eat.

However, it is worth noting that even if you have a BAC under 0.08, an officer can still arrest you for driving while intoxicated if it is evident that your mental and physical faculties were impaired from using drugs or alcohol, erratic driving, slurred speech, or a lack of coordination.

According to the Texas Department of Transportation, consequences for driving while intoxicated are as follows:

1. The First Offense
   • A first offense can fine you up to $2,000.
   • You could spend between three to 180 days in jail.
   • You can lose your driver’s license for up to a year.
   • You can be charged an annual fee of $1,000 to $2,000 for a total of three years to keep your license.
2. The Second Offense
   • A second offense can cost you a fine up to $4,000.
   • You may be looking at one month to a year in jail.
   • You could lose your license for up to two years.
   • You may have to pay annual fees ranging at $1,000, $1,500, or $2,000 for three years to keep your driver’s license.
3. The Third Offense
   • A $10,000 fine awaits those that have been charged with drunk driving for a third time.
   • You may spend 2 years to 10 years total in prison, not jail.
   • You may lose your license for up to two years.
   • You will have an annual fee ranging from $1,000, $1,500, or $2,000 for three years to keep your driver’s license.

It is also worth noting that if you are driving while intoxicated with a child in the vehicle, you can be charged with child endangerment if he or she is under 15 years of age, on top of:

• A fine up to $10,000.
• Jail time of up to two years in a state jail.
• Loss of your driver’s license for 180 days.

How to Avoid Drunk Driving

It isn’t a crime to go out and have a good time with your friends or family, but only if you do so responsibly. That means doing everything in your power to ensure the safety of others when you’ve decided to have a drink.

In order to ensure the safety of yourself and others:

1. Appoint a sober designated driver.
2. Call a cab.
3. Call a sober friend/family member to pick you up if you’ve had too much.
4. Sleep over at a friend’s house or the place you were at, if possible.
5. Call a driving service like Lyft.
6. Simply put, don’t drink and drive. Have a soda or water instead, and be the designated driver for your friends.

Have You or Someone You Love Fallen Victim to a Drunk Driving Car Accident? Our Car Accident Attorneys Want to Hear From You.

You shouldn’t have to suffer for someone else’s poor decisions. If you have fallen victim and sustained injuries—or lost someone—in a car accident because the other driver was intoxicated, the car accident attorneys of J. Gonzalez Injury Attorneys want to help you get the compensation you rightfully deserve.

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

Information and image pulled from krgv.com and valleycentral.com.

Two bicyclists were struck outside of the Harlingen city limits early Sunday morning, killing one and injuring the other.

Details of the Accident

According to the Department of Public Safety, a Ford F-250 was traveling east on FM 106 when the driver struck two bicyclists traveling on the same road.

The accident occurred around 7:30 in the morning, just east of FM 509, beyond Harlingen’s city limits. Both bicyclists were taken to Valley Baptist Medical Center, where one woman was treated for non-life-threatening injuries.

Unfortunately, the other bicyclist involved in the accident perished later at the hospital.

The crash is currently under investigation.

Accident Statistics Involving Pedal Cyclists

A study conducted by the National Highway Traffic Safety Administration (NHTSA) highlighted this growing problem back in 2015. According to that study:

• Approximately 818 pedal cyclists—people that ride pedal cycles like bicycles as opposed to motorcycles—died in fatal motor vehicle accidents in the United States, which was a 12.2 percent increase from 729 the pedal cyclists that perished in 2014.
• It was reported that an estimated 45,000 others were injured in these same types of accidents in 2015, which was a 10 percent decrease from an estimated 50,000 injured in 2014.
• In terms of total motor vehicle accidents, cycling collisions accounted for 2.3 percent.
• A total of 70 percent of pedal cyclists who perished in motor vehicle crashes in 2015 perished in urban areas.
• Gathered from a 10 year period (2006 to 2015), the average age of pedal cyclists that perished in a motor vehicle crash was between 41 to 45 years of age.

Staying Safe While Out Bicycling on the Road

The best way to decrease your risk of a cycling collision, according to the NHTSA, is to:

• Get Geared Out – This means getting a bicycle helmet that is properly fitted. Wear a neon vest or other bright colored clothing during the day or night. Wear reflective tape or markings that reflect light.
• Don’t Ride at Night – Visibility is low at night, making it more dangerous for pedal cyclists. If you must ride at night, wear the reflective gear listed above, and make sure your front and rear reflectors are in good shape (white lights in the front, red reflectors in the back).
• Make Sure Your Bicycle is in Good Shape – Ensure that your tires are properly inflated, and check your brakes for functionality as well. Make sure your bike is properly fitted as well, leaving about 2 inches between you and the top tube. The bike seat should be level from front to back. It would be optimal for the seat to be elevated so much that you have a slight bend in your knee when fully extended while pedaling. Finally, the handlebar should be level with your bike seat and you should have at least one hand on it at all times.

When you’re bicycling on the road, be sure to:

1. Go With the Flow – Ride your bicycle on the right side of the road with traffic.
2. Obey Traffic Laws – As a cyclist, you should follow the same rules as a traditional driver. They were implemented for everyone’s safety.
3. Yield – If there happens to be no stop or yield signs, and you are coming from a smaller road like a driveway or sidewalk, slow down and look both ways before merging into the road. Let’s also not forget that crosswalks should be stopped at as normal, allowing pedestrians to cross safely.
4. Stay Alert – Watch for road hazards, potholes, parked cars, cracks, railroad tracks, storm grates, anything that could cause you to lose control of your bicycle. Avoid using headphones as you need to be able to hear traffic.
5. Be Predictable – Having a recognizable riding pattern helps other drivers accurately predict where you are traveling, which in turn reduces the risks of accidents. Signal your intentions when appropriate, and ride in a straight line as much as possible. Don’t weave in and out of traffic, as that is hazardous to everyone on the road.

Have You or Another Bicyclist You Love Been Involved in a Car Accident While Out Riding? Contact Our McAllen Personal Injury Attorneys For Information Regarding Your Rights.

Cycling collisions with cars, trucks, or even roadway hazard can cause serious injury and death. As a bicyclist, your safety should be paramount.

Know your rights. Contact the personal injury attorneys at J. Gonzalez Injury Attorneys to start your claim today. Reach out to any of our locations in McAllen, Brownsville, or Rio Grande City for your free legal consultation today.

Information and image pulled from ValleyCentral.