5 Reasons for Car Accidents and Tips on How to Avoid Them

Posted on Friday, September 16th, 2016 at 8:19 pm    

In 2015, more than 38,000 people died in motor vehicle accidents, and it is estimated that a total of 15,300 accidents occur per day.

Car accidents happen for any number of reasons, from poor driving conditions to mechanical malfunctions. However, it’s still the responsibility of every driver on the road to recognize their duties and the importance of being aware at all times when behind the wheel.

Unfortunately, despite the precautions you may take while driving, accidents can still happen. That’s why J. Gonzalez Injury Attorneys is here to offer you the guidance you need, when you need it most. Our dedicated lawyers work around the clock to offer personal legal representation for car accident victims who need support when dealing with injury or death caused by a negligent driver.

Nonetheless, every driver should work to eliminate risk factors associated with car accidents. By making sure to avoid the following mistakes, we can save ourselves the pain and suffering of having to deal with a severe car wreck.

Distracted driving

With today’s ever growing use of technology, roadways are becoming more and more hazardous. In fact, a State Farm study released in 2012 found that of drivers aged 18 to 29, almost half of them (48%) utilized their cellphones to search the Internet while driving. The use of cellphones while driving has been shown to be as hazardous as drunk driving – even when it involves using a hands-free set. You should avoid this distraction by checking your cellphone before you hit the road and only checking it again once you have pulled over and come to a complete stop. Remember – taking your eyes of the road for only a “second” can lead to a life changing tragedy for you or somebody else.

Focusing on directions and not on the road

Whenever we are driving in an unfamiliar area, it’s quite natural for us to want to focus on road signs, or intently follow the directions of our GPS. This can mean trouble as our attention is elsewhere, instead of on the road ahead and the drivers around us. Rear-end accidents and swerving into busy lanes are often the consequences of following directions too aggressively, rather than paying attention to what is happening on the road. Though smartphones are a great tool for finding your way around a new area, make sure that you aren’t staring at your phone as you drive. Instead pullover to a parking lot and note down important street names and turns to help you get to your destination.

Speeding in the rain

One of the most common reasons for car accidents, speeding in the rain is highly dangerous as precipitation causes the oil that has built up on the road to become slick. With speeding being a contributing factor in 28% of all traffic fatalities in 2014, rain only enhances the likelihood of being involved in a serious accident. Slow down and driver responsibly during bad weather.

Failing to keep your car maintained and tire pressure correct

It is exceedingly vital that you regularly provide maintenance to your car to avoid problems that can lead to crashes. Have your oil changed on the recommended schedule, rotate tires regularly, follow manufacturer maintenance recommendations, and always make sure that your tire pressure is pumped to the specifications provided. Low tire pressure can affect your gas mileage and make it difficult for you to turn away during an emergency situation. By keeping up with car maintenance, you’ll help to retain optimal performance and decrease the likelihood of a mechanical malfunction.

Avoid last second changes of direction

Many drivers will use their turn signal only to realize at the last second that they don’t want to head in that direction after all. An unexpected jerk back into the roadway can cause the driver behind you to rear-end you; especially if they were already close to your vehicle or if they weren’t fully paying attention to your movements. Avoid erratic movements by simply sticking with the turn and then finding your way back around towards your original destination. Yes, this can cause you to lose a couple of minutes, but losing time is ultimately better than causing a major accident that can lead to injury.

Prevent injuries with proper seat adjustments

Thankfully, cars come with options that allow for proper seat adjustments, regardless of the size of the driver. While in the driver’s seat, you should be eight to ten inches away from the steering wheel in order to allow the airbag to deploy correctly in the event of a car accident. Additionally, the seatbelt should be crossed over the middle of your shoulders and chest, and the headrest should be elevated to the extent that it is level with the top of your head. In this position, the headrest will inhibit your head from painfully whipping all the way back in a wreck. Perhaps most importantly, make sure children in the car are secured in an appropriate child safety seat for their age, height, and weight.

If you or loved one is dealing with the unfortunate consequences of an accident, then let the experienced lawyers at J. Gonzalez Injury Attorneys fight for the justice and compensation that you deserve. Our firm represents the entire South Texas community, from Rio Grande City to McAllen and down to Brownsville.

At J. Gonzalez, we know that a horrible accident can be a scary experience, and a lawsuit can seem daunting. But our trustful, diligent, and honest attorneys know how to get you the damages – and peace of mind – you deserve.


By the Numbers: Texas Car Accident Statistics

Posted on Tuesday, September 13th, 2016 at 8:24 pm    

Everything’s bigger in Texas. Unfortunately, that also rings true for the number of car accidents that happen here in the Lone Star State.

The reality is that, regardless of where you live, accidents are bound to happen. Whether it’s out in sunny California, or across the nation in the Empire State, or even as you’re traveling throughout the ever-growing Rio Grande Valley, there’s always the latent risk of being involved in an accident for any number of reasons. However, by being aware of the circumstances under which car accidents happen, as well as the statistics, J. Gonzalez Injury Attorneys hopes to help you avoid getting into one yourself.

However, if you should suffer through the unfortunate event of an automobile accident, then do not hesitate to contact the J. Gonzalez Injury Attorneys offices to get the legal backing your situation requires.

To begin with, Texas does unfortunately have the highest rate for total fatal car crashes (as per 2010 data), but this is of course due to the state’s high population. In fact, the state falls into the bottom 50% of the nation when in the context of fatal accidents per 100,000 people.

Additional statistical analysis suggests that the deadliest position to be in a car (in Texas) is the passenger seat. As per 2011 information, 34% of all recorded automobile fatalities involved passenger car occupants. Furthermore, pickup truck and SUV occupants had the second highest rate of fatality at 32%. Following these grievous numbers were motorcyclists at 15%, pedestrians at 14%, large truck drivers at 2%, and finally bicyclists at a surprising 1%.

Surprisingly, this same data notes that fatal car crashes occur at a rate of 55% in rural areas and 45% in urban areas like the Rio Grande Valley.

Additional statistics reported to and documented by TxDot in 2015 include:

  • A total of 518,577 car accidents were reported in Texas in 2015.
  • 246,335 people were injured in these accidents with 17,011 suffering serious injuries.
  • 3,531 people were killed in auto accidents.
  • Over 40% of those killed in car crashes in 2015 were reportedly not wearing safety belts.
  • 459 motorcyclists and passengers were involved in a fatal accident in 2015. Over 50% were not wearing helmets.
  • 27% of all fatal accidents involved at least one driver who was under the influence of alcohol.
  • Drunk driving accidents have been shown to occur mostly at night with the highest rate occurring between the hours of 2:00 and 3:00 AM.
  • 1,255 deaths that occurred last year were caused by single-vehicle run-off-the-road accidents.
  • 807 fatalities happened in automobile accidents that took place at intersections.
  • 581 people were killed in head-on collisions.
  • Auto-pedestrian accidents have risen a tragic 12.7% in comparison to the previous year for a total of 550 deaths in 2015.
  • 51 bicyclists suffered fatal injuries in accidents involving motor vehicles.
  • Over 128,000 accidents took place in rural areas causing 1,925 fatalities.
  • Over 390,000 car accidents took place in urban areas causing 1,606 deaths.
  • October was the deadliest month for auto accidents in Texas last year with 356 people dying to fatal injuries.
  • Statistically one car accident occurs every 61 seconds in Texas.
  • One person is injured in a car accident every 2 minutes and 8 seconds.
  • Last year, one person was killed in a car wreck every 2 hours and 29 minutes.
  • Though the number of fatal accidents rose in the U.S. by 7.7% last year, they actually decreased 1% in Texas.
  • The last day without a fatal accident in Texas occurred on November 7th, 2000. That was nearly 16 years ago.

Contact The Only Number That Matters

Though this data paints an abysmal picture of Texas roadways, it’s important to remember that by remaining a vigilant and careful driver, you can help to turn the tide. This means avoiding using your cell phone, whether talking or texting, and driving the speed limit at all times. Also, always make sure to use your safety belt, and be sure to remind your teen drivers about this precaution that can truly save lives. And especially DO NOT drink and drive.

Even if you are the safest driver on the road, our lawyers are J. Gonzalez Injury Attorneys recognize that sometimes accidents can still occur.

When this happens, you need a law firm that will fight for the truth.  A law firm that will fight for you.  J. Gonzalez Injury Attorneys understands the legal ring and can help you get the justice, and compensation, you or your loved one deserves.

Contact us today at 1-800-CAR-CRASH to get the right team on your side.


Causes of 18-Wheeler Crashes: Brake Maintenance Safety

Posted on Wednesday, August 31st, 2016 at 7:13 pm    

When brakes malfunction and a serious accident occurs, a variety of parties may be liable for the ensuing damage.

The federal government has set very strict standards and regulations on the braking systems of 18-wheelers and other commercial vehicles. For instance, semi-trucks must meet specific requirements such as creating a certain braking force based on a percentage of their weight, as well as being able to decelerate at a rate relative to its size.

If these standards are not met, it could be because of poor manufacturing and design on part of the manufacturer. It could also mean the party(ies) responsible for properly maintaining the brakes – the driver or the company that loaded the truck –  are also to blame.

At J. Gonzalez Injury Attorneys, we’ve handled a multitude of 18-wheeler accidents and our lawyers understand that an immediate response, and quick acquisition of evidence, is fundamental to developing a meaningful argument to secure your justice and damages. Our team is available to respond to a trucking accident at any time – day or night – and we’ll make sure to investigate all responsible parties for faulty brakes.

As tractor-trailers can require 50% more distance to effectively stop, it’s essential that the brakes, and the trucks themselves, are properly maintained. Unfortunately, truck brakes are only replaced once they are worn down to the nubs or in the event that the driver had a “close call”.  As brake failures are rarely spontaneous events, but rather performance problems stemming from maintenance problems, the parties responsible in an 18-wheeler crash involving faulty equipment can include:

The Driver

The driver of the vehicle is responsible for ensuring the semi-truck has proper brake settings and for driving safely. Additionally, truck drivers have also been known to purposely depower the front brakes and instead rely on the trailer brakes, as well as downshifting, which increases the risk of an accident.

The Company that Loaded the Truck

Because of the trucking industry’s emphasis on speed and “timeliness”, there can be a detrimental loss to protocols, which can ultimately have a negative effect on the vehicle. In the attempt to rush proper procedures, improper loading and overloading can occur, which can cause the brakes to malfunction.

The Party Responsible for Brake Maintenance

Depending on the specific situation, the party responsible for brake maintenance can either be the owner-operator of the truck or the leasing company. This party is responsible for conducting the mandatory inspection, keeping maintenance logs, and complying with federal recalls. Any missteps in these areas can lead to equipment malfunctioning.

The Manufacturer

If the brake malfunction is the result of an error in the manufacturing process, then it becomes a product liability issue. This is usually because the manufacturer did not design the brakes properly or there was a failure to meet federal standards during the process.

As trucking companies operate massive fleets of trucks – sometimes into the thousands – there is a tendency to overlook the necessary maintenance needs of so many vehicles. Also, truck brakes require special parts and skilled laborers to replace them. Considering that brake linings should be replaced every 60,000 – 70,000 miles, this maintenance should easily occur three to four times a year, if properly followed. However, companies may believe that the cost of performing this tasks four times a year to thousands of trucks utilizing a specialized mechanic is too high.

Yet, according to the American Trucking Associations, total trucking industry revenue in 2014 was $700.4 billion, which besides being an unbelievable number, was also the first time the industry had topped $700 billion. With so much income at their disposal, there is no excuse for these companies to dismiss vital maintenance needs that can lead to serious injuries, or even death.

In fact, Texas is one of the most dangerous states in the U.S. for fatal collisions involving tractor-trailers, with 553 fatalities occurring last year. This number does not include the thousands more that were seriously injured.

At J. Gonzalez Injury Attorneys, our competent and experienced truck accident attorneys are dedicated to defending the rights of the injured and ensuring the truckers, companies, and manufacturers are held accountable for their negligence. If you or a loved one has suffered irreversible pain and suffering because of an accident involving an 18-wheeler, then contact our offices today at (956) 630-6700.

Get the quality legal representation you need to fight for your rights. Get J. Gonzalez Injury Attorneys.


18-Wheeler Driver Sentenced to 20 Years for Bus Crash

Posted on Tuesday, August 30th, 2016 at 8:06 pm    

In September 2014, Shannon Ford, now 37, slammed into the back of a school bus in Florida, injuring multiple students. Now, two years later, Ford has plead no contest to four counts of reckless driving with bodily injury. The judge gave Ford 20 years in prison as a result of the seven school students who were injured in this brutal crash.

Sadly, these sorts of events have become commonplace, and with more than 500,000 school buses transporting over 24 million kids between school and home each year (and increasing), the possibilities of a similar event happening are only continuing to grow. Here at J. Gonzalez Injury Attorneys, we truly hope you’ll never have to go through the heartache and stress of dealing with a child, or loved one, involved in a 18-wheeler accident. But if that unfortunate day should ever come, we want you to know that we’re more than willing to fight for the justice you deserve.

No one should ever have to go through what these children and families have experienced. Even though it’s been two years since the incident, the event has continued to haunt the lives of the children and the bus driver; taking a toll on their emotional well being and their future.

On that fateful day, 911 operators had received several calls about a logging truck driving erratically on U.S. Highway 441 near Starke, Florida.

On that same road, bus driver Jennifer Lynn Swanson had just stopped, and was preparing to let a student exit the bus. That was when she intuitively glanced in the rearview mirror only to glimpse an 18-wheeler fast approaching, but not attempting to slow down in any manner. Immediately reacting to the situation, she released the break and punched the gas in an effort to move the bus out of harm’s way. But it was too late. Shannon Ford plowed into the back of the bus, forcing it into a nearby ditch.

At the time, 15 elementary aged students were on the bus. In total, 7 students, along with the bus driver, were injured and taken to various local hospitals. The impact of the accident crushed one student’s leg and caused another to suffer an open skull fracture and traumatic brain injury. One dreamt of becoming a cheerleader at the University of Florida. The other hoped to play football and become a Marine. Now neither one will be able to fulfill their childhood aspirations. Swanson claims that the images of that violent crash are etched into her memory and still cause her to cry when she thinks about the unsuspecting children being savagely tossed around.

Most tellingly, Ford has a lengthy history of traffic violations including five driving violations since 2007: two for driving with a suspended license, two for speeding, and one for operating a vehicle in an unsafe condition. On top of that, Ford also had numerous arrests including grand theft, domestic battery, burglary, theft, trespassing, and shoplifting.

Though he blamed the trucking company that owned the 18-wheeler for not properly maintaining the truck, evidence collected indicated that Ford was driving recklessly as he was distracted by his wife, who was also in the vehicle, and who was found naked when emergency responders reached the crash site.

An FHP trooper did testify that eight of the truck’s ten brakes were defective, making it a safety hazard to other drivers. This testimony could make the truck’s owners liable for the accident as well.

The Federal Motor Carrier Safety Act has attempted to make trucking companies responsible for the maintenance of their vehicles, driver training, drug testing, and compliance with safety standards. However, there has been some changes in safety regulations, maintenance requirements, and the use of multiple vendors to spread liability amongst different companies and insurers in the event of an accident.

Regardless of the circumstances though, our experienced 18-wheeler and truck accident attorneys know how to deal with the responsible party – whether it’s a big corporation or negligent individual – J. Gonzalez Injury Attorneys won’t back down. We can help you identify all potential sources of liability and fight for your compensation.

We understand that when your or a loved one (especially a child) is involved in a accident with a massive commercial vehicle, your primary focus should undoubtedly be on getting healthy.  But while you are regaining your strength and recovering, let J. Gonzalez Injury Attorneys fight you legal battles. Give us a call at (956) 630-6700 to get the right team on your side.


Driver and Company Records as Evidence in a 18-Wheeler Lawsuit

Posted on Thursday, August 25th, 2016 at 9:11 pm    

We all feel a little nervous when that behemoth of an 18-wheeler comes barreling down the expressway.  We’ve all seen these juggernauts in the news for causing some sort of major, and tragic, accident.

Because commercial trucks consistently weigh up to 80,000 pounds, their involvement in any sort of accident often tend to be serious, and frequently result in life-threatening injuries.  In fact, there were over 34,00 Commercial Motor Vehicle crashes for 2015 in the state of Texas with thousands of injuries and hundreds of fatalities occurring as a result.  If you or your loved ones have been negatively affected by a 18-wheeler accident, then it’s vital that you immediately contact a competent and experienced legal representative, like J. Gonzalez Injury Attorneys, to begin the process of procuring you the justice and judgment you deserve.

In a previous installment, we provided readers with a few tips on how to successfully prepare for your 18-wheeler lawsuit should your situation require arbitration.

Now we’ll be offering you some additional advice on how to utilize driver and company records as evidence in an 18-wheeler lawsuit.

Employee Records

So to begin, just as our employers maintain records about our work history and job performance, so do the companies who employ commercial truck drivers.  These records should contain evaluation reviews, any instances of write-ups as a result of breaking company policies, driving records, and any history of tickets for speeding or other traffic violations.  Employer records are a critical element in an 18-wheeler accident investigation and can provide substantial evidence to prove that the driver was in the wrong.  By reviewing employee records, your lawyer can help you to get a better understanding of the individual responsible for the accident.  Alongside the previously mentioned information, employee records can also show:

  • Drug/alcohol test results.
  • Whether they had been reprimanded or terminated elsewhere.
  • History of prior accidents.
  • Complaints received from other drivers on the road.

If any noticeable issues can be found in these files, then it can be concluded that the trucking company already knew they had employed a dangerous driver, and thus bear responsibility as well.

Employer Records

Furthermore, the employer’s records should be examined as well.  Trucking companies will likely combat you on this particular subject, but with the support of a legal team like J. Gonzalez Injury Attorneys, we’ll be able to help you obtain these documents.

Routinely, commercial trucking companies will provide handbooks and training manual to their new employees (drivers) so as to provide them with up-to-date company policies and expectancies.  Often times, these companies will also require employees to take additional training courses and sign a form proving they attended the class, or at the very least, that they thoroughly read through the training guides and have accepted the responsibilities written therein.

As these courses will traditionally cover everything about the particular job, as well as the safety requirements, being able to obtain this documentation can help to reveal a plethora of information including:

  • The type of training the driver received.
  • If they were properly utilizing the training taught to them during the time of the accident.
  • When the driver received safety training.
  • If the safety training was sufficient to address the issue at hand.

Looking at the training manuals given to the employee can help you lawyer to decide whether or not sufficient training and tools were given to the employee to conduct their work in a safe manner.  The reality is that employers essentially send off their drivers hoping that they driver will be responsible, but sadly, there is no guarantee.

Another great tool that can be utilized for these investigations is the Safety and Fitness Electronic Records System (SAFER), which is maintained by the U.S. Department of Transportation.  This particular database can provide valuable information, especially about a company who has a history of unsafe practices, and includes data about crash information, safety ratings, and the company’s safety record.

Truck Records

Alongside state and federal laws that require Commercial Motor Vehicles inspection, truck companies should also be keeping record of maintenance on their trucks.  Regular maintenance and repair should also be handled appropriately to prevent equipment failure that can lead to accidents.  If this is occurring on a consistent basis, then the companies should have records of the efforts.

If there is a lack of maintenance records, then this can help to demonstrate that there was a lack of adequate care and repair.  Naturally, all automobiles require maintenance on a fairly consistent basis, and a deficit of this nature can show that this may have played a part in causing the accident, which will help to build your case.

We understand that after a brutal accident with a massive commercial vehicle, the last thing you may have is energy to fight. Your primary focus should undoubtedly be on getting back to your healthy-self.  But while you are regaining your strength and recovering let J. Gonzalez Injury Attorneys fight your legal battles.  Together we can win the compensation your pain merits.

Call us at (956) 630-6700.


Back-to-School Safety

Posted on Tuesday, August 9th, 2016 at 8:05 pm    

In a couple of weeks, the streets will once again be flooded with students, cars, pedestrians, bike riders, and first time drivers.  Getting everybody safely to school (and work) and home again is the responsibility of every driver on the road.

But with a large population of teens and college-aged students having access to a car, the reality is that you must be even more diligent while driving during the school year.

Before hitting the road, or handing those keys over to your teenager or college student, you should know some facts.  Auto accidents are the leading cause for teenagers 15 to 20 and statistics have shown that young adults are much more likely to engage in drunk driving, fatigued driving, and distracted driving, which includes using their cellphone to talk or send text messages.

At J. Gonzalez Injury Attorneys, we know that you’re extra attentive when it comes to school zones and dropping off your kids, but sometimes accidents happen.  That’s why the personal injury lawyers at J. Gonzalez Injury Attorneys are here to help you in case of an emergency.

Watch for pedestrians.

Students of all ages, from elementary up to college, tend to focus their attention on friends, talking, and using their cellphones.  This means their eyes are on everything else except the road.  That’s why as a driver, you must be exceedingly cautious around pedestrians, especially children and teenagers, who can act erratically and dash on to the road in an attempt to cross the street.  Be vigilant while driving in school zones or around colleges and universities, because even older students can forget the need for safety while crossing streets with heavy traffic.

Drive safely around school buses.

More than 25 million children ride school buses each day.  This is in fact the largest form of mass transportation in the United States.  Because children gather around bus stops before school, where they talk and horseplay, drivers must be wary of unpredictable behavior or actions at these sites.  Also, children tend to walk in front of the bus when dropped off after school.  This means drivers cannot see the children until they are on the road, which has led to one too many tragedies.

Thus, drivers need to follow the laws when traveling behind school buses.  All 50 states have made it illegal to pass any school bus that has stopped.  Yet time and time again, we hear about accidents that occur because motorists failed to pay heed to school bus warnings.  Look out for those flashing lights and the busses’ stop signs.

Don’t rush.

We know that the morning time can be hectic for any family.  With drop offs at multiple sites, and the usual morning rush traffic, it’s easy to get frustrated and make a mistake.  But when you’re behind the wheel remember – that mistake can be fatal.

Never honk the horn, rev the engine, “peel out”, or yell out the window in an attempt to make children hurry.  Intimidating a child into action may cause them to make an unpredictable move on to the street, which can lead to injury or death.  If you find yourself rushing every morning, then reconsider your wake up time to ensure that your safety, and the safety of others, is not jeopardized.

Pay attention at school crossings and crosswalks.

Marked school zones tend to be placed between stoplights, which flash and warn motorists to be alert.  It is essential you pay heed to these warnings and yield to all pedestrians.  These lights are not an option and all drivers must follow the rules to protect the safety of school children.

Also, when nearing a stoplight or stop sign, make sure to not pass into the crosswalk lines.  By blocking a crosswalk, you force children and other pedestrians to step out further into the street, which can lead to safety issues.

Sharing the road.

It’s essential to remember that cars are not the only ones on the road.  Cyclists also share the road and need to be taken into consideration while driving.

Though bicyclists must obey the same regulations and laws as traditional motorists, the reality is that both parties tend to bend the rules at time.  Unfortunately, this means that you as a driver must be exceedingly observant when driving near schools, parks, or residential areas.

Not only can bicyclists be difficult to see, especially at night, those riding bikes are apt to make unexpected movements at crosswalks, roadways, and sidewalks.  Motorists must also consider that even a “tap” from a car can cause serious injury to a bicyclist because of the sheer difference in size and weight.

So be exceedingly cautious, especially when turning, and check all mirrors before making a move.

Be Prepared

Accidents occur, but you want to be as diligent a driver as possible in order to keep children, pedestrians, and other motorists safe.

Also, because teens make up the largest percentage of distracted drivers, with 56% admitting to talking on cell phones while driving and 13% admitting to texting while behind the wheel, you’ll want to have a lengthy discussion to your teen-driver about safety.

Remind them to:

  • Keep their eyes on the road at all times as interacting with passengers is the number one reason for crashes.
  • Never look at or text on their cellphone as this is the second highest reason for crashes.
  • Never search for items, attempt to groom, or stare at something in the vehicle while driving.

Regardless of how careful you and your child may be while driving, the sad truth is that far too many motorists drive recklessly. Somebody else’s negligence may cause tragic injury to you or a loved one.

When this happens, you need a law firm that will fight for the truth.  A law firm that will fight for you.  J. Gonzalez Injury Attorneys understands the legal ring and can help you get the justice, and compensation, you or your loved one deserves.


Learn to Stop When Playing ‘Pokémon Go’

Posted on Monday, July 25th, 2016 at 7:29 pm    

Texting and driving is already a serious issue, but with the recent ‘Pokémon Go’ craze, drivers have to be even more vigilant.

The smartphone game – which has been downloaded an estimated 75 million times – is based off the 90’s card game and hand-held Nintendo games.  The augmented reality game encourages people to find and collect over 150 Pokémon characters spread throughout a given city.

Unfortunately, this has led to a slew of accidents as a result of individuals playing the game while driving.  As the app requires players to essentially stare at the screen to track down the fictional creatures, those who are engaged with the game while operating a vehicle are truly endangering the lives of other drivers and pedestrians.

In fact, several incidents that have already occurred include:

  • On July 12th, a 28-year old driver in Auburn, New York crashed into a tree while playing the popular app. He was distracted because of the game and ran his vehicle off the road head-on into the tree.  Though his injuries weren’t serious – a few cuts caused by the shattered glass – the car was totaled and could have truly led to serious trauma or even death.
  • A 37-year old man was injured in Bangor, Maine, on July 24th after a ‘Pokémon Go’ road rage incident.
  • On July 20th, a driver slammed into a parked police car in Baltimore while distracted by ‘Pokémon Go’. Luckily, there were no police in the patrol car and nobody was injured by the at-fault driver.
  • In Pennsylvania, a 15-year old girl walked onto a high-traffic road and suffered injuries to her collarbone and foot as well as receiving several cuts and bruises. She had only been playing the game for 30 minutes before the accident happened.
  • Two police officers were injured in Canada when a distracted driver backed into their cruiser. Prior to the incident the car had already failed to signal a turn.  The officers were treated at the hospital for minor injuries and the driver walked away with only two $30 tickets.
  • At Central Park, a “rare” Pokémon was released and hundreds of players stampeded into the vicinity. Drivers and pedestrians rushed to the site with one individual leaving his car on and parked in the middle of the road. Though no accidents occurred the situation could have quickly escalated and led to grave injuries.

Because of all of the deplorable incidents that are happening nationwide (worldwide considering the release of the app in numerous nations), J. Gonzalez Injury Attorneys would like to offer a number of tips to ensure your safety and the safety of those around you.

  • Do not drive while utilizing the game. You CANNOT safely do both.
  • Be diligent while driving to avoid unfocused pedestrians and drivers, who inappropriately, may be playing the game.
  • If walking through your neighborhood pay attention to oncoming traffic.
  • Play in pairs or groups to have multiple eyes focused on safety.
  • DO NOT trespass onto private property.
  • If you are traveling to an unfamiliar area let others know where you will be.

Accidents can happen in the blink of an eye, but cause lifelong damage or even death.  At J. Gonzalez Injury Attorneys we understand that games are entertaining and meant to be a form of relaxation.  Yet, the reality is that it is vital you remain aware at all times for you and the safety of others.

If you or a loved one has been hurt as a result of a car accident, then give J. Gonzalez Injury Attorneys a call.  Our personal injury lawyers have the dedication and intelligence to help victims of negligence to receive the reparation their pain is owed.  Reach us here to get the legal assistance you deserve.


Be Aware: The Dangers of 18 Wheelers

Posted on Wednesday, July 13th, 2016 at 7:13 pm    

“In 2014, 3,660 people died in crashes involving commercial trucks. 16% of those deaths were truck occupants, 68% were passenger vehicle occupants, and 15% were pedestrians, bicyclists, or motorcyclists.”

Every day thousands of commercial trucks drive along highways and rural roads all across the United States, transporting an enormous amount of goods and materials for large corporations; at times even carrying hazardous material.  Naturally, because of the sheer size of an 18-wheeler, accidents involving commercial trucks can be much more disastrous than those between two regularly sized vehicles.  In fact, a fully loaded commercial truck can weigh 25 times as much as a traditionally sized vehicle.

With this in mind, drivers sharing the road with these large trucks should be aware at all times of their surroundings, and the actions of the other drivers.  If you or a loved one has been involved in an accident with a commercial truck, you may be entitled to compensation for your injuries. J. Gonzalez Injury Attorneys is dedicated to assisting victims of commercial truck collisions and helping them achieve justice for their injuries.

Understandably, because of the “heavyweight” structure of these trucks, they can be quite intimidating to other drivers on the road, especially inexperienced ones. The operation of 18-wheelers can be a bit intricate, and many truck companies tend to expect unreasonably quick delivery of shipments.  Nor do companies consider the pressures they bestow on the drivers to meet their demands.

Unfortunately, the driver’s physical well-being, the number of hours they’ve slept, and even the weather, all tend to be background noise in comparison to the importance of the shipment’s delivery.  Truck drivers must – despite consequences to attention span, reaction time, or fatigue – put the shipment before their own safety.  Sadly, accidents caused by tired truck drivers are very common.

Also, considering that these commercial vehicles do not have the same maneuverability in traffic as ordinary automobiles, it’s no wonder that they are involved in various forms of accidents that traditional vehicles are not susceptible to.  The drivers of 18-wheelers must deal with numerous blind spots because of their large size and may unknowingly drive into occupied lanes.  That’s why it is exceedingly important to be on full alert whenever you are driving alongside these commercial vehicles.  Remember, just because you are driving safely and responsibly does not necessarily mean the other drive is doing the same, and the data speaks for itself.

The National Highway Transportation Safety Administration claims that in recent years, accidents involving commercial vehicles have cost the American public approximately $83 billion.  Furthermore, between 2002 and 2011 there were over 45,000 deaths due to accidents involving large trucks, and more than a million injuries occurred in these incidents. In 2013 alone, Texas reported 359 deaths in collisions involving large trailers, with hundreds of other people requiring medical attention due to severe injuries.

To determine who the responsible party is in a commercial truck collision, it is vital to carefully investigate and consider all individuals and companies who may be at fault, as well as the various factors that may have led to the accident.  Realistically, the driver of the 18-wheeler is not always to blame.  The J. Gonzalez Injury Attorneys takes into consideration a myriad of possibilities and thoroughly analyzes all factors including: the owner of the truck, the company or individual who was leasing the vehicle, the truck manufacturer, the company or individual responsible for the shipment, road conditions, and other such variables.  By intensively investigating all these various aspects, J. Gonzalez can help you discover the party at fault and get you the justice you deserve.

Remember, if you have been involved in a commercial truck collision, it is especially crucial that you obtain information and details about the collision immediately.  Victims should obtain the police report as quickly as possible, as this form provides critical information, such as the identity of the truck driver, the company for which they work for, and other such relevant details about the accident.  All medical documents, professional diagnoses, and medical bills are also important when seeking compensation for injuries.

We understand that after a brutal accident with a massive commercial vehicle, the last thing you may have energy to do is fight. Your primary focus should undoubtedly be on getting back to your healthy-self.  But while you are regaining your strength and recovering, let J. Gonzalez Injury Attorneys fight you legal battles.  Together we can win the compensation your pain merits.


Filing Taxes After a Personal Injury Settlement: What You Should Know

Posted on Wednesday, June 1st, 2016 at 6:08 am    

There’s a certain time of year that seems to get under people’s skin. In addition to the hectic holiday season and the sweltering summer, there’s a particular period of time that has the potential to make you more stressed and anxious than ever—yes, we’re talking about tax season.

At the J. Gonzalez Injury Attorneys, we too suffer from tax season dread. Whether you have numerous 1099 forms or several rental properties, gathering all your paperwork and attempting to navigate your way through your taxes can be an extremely trying and frustrating time. While broad tax-related matters aren’t necessarily our specialty, when it comes to filing personal injury settlements, we have the inside scoop.

We are the perfect source to rely on to get some of your most hard-hitting questions about personal injury settlements answered.

After navigating through the trials and tribulations of filing a personal injury lawsuit, working with your lawyer, and eventually receiving your settlement, there’s no doubt that all you’ll want is for your life to go back to normal. The team behind the J. Gonzalez Injury Attorneys understands this more than anyone. This tax season, skip the worry and dread and read on for five things you should know about filing with a personal injury settlement.

Personal injury compensation is not taxable.

This is one of the most important facts to understand before you begin to stress over your taxes or seek the aid of a tax professional: the proceeds received from most personal injury cases are not taxable under federal or state law.

It does not matter when or whether the case was filed in a court of law. Essentially, the proceeds generated from personal injury settlements are tax-free. This means that neither the IRS nor the federal and state government can tax you on any funds you received as a result of injuries or health complications you suffered. The reason for this is that in the eyes of the law, the compensation you receive in a settled personal injury case is meant to replace the following: lost wages, medical bills, emotional stress, pain and suffering, and loss of consortium.

Loopholes

Of course, despite the previous point, it’s important to know that when it comes to filing your personal injury settlement, there are exceptions to the general rule.

First, let’s look at punitive damages:
The easiest way to understand this facet of a personal injury case is to understand its definition. Punitive damages are meant to punish—they are not directly tied to a tangible injury. Their primary purpose is not to compensate for a specific loss—although you are the party who will receive the damages—but to serve as a form of legal punishment for the actions of the defendant. Although punitive damages are rarely part of a personal injury settlement, they are generally taxable and must be included in your tax return.

Now, let’s talk about interest.
Most states have court-enforced rules that add interest to the verdict for the length of time the case has been pending. Generally, your case will begin accruing interest starting from the first day it was filed until your receive your compensation. All interest you receive from your court case is taxable and must be reported to the IRS.

What about suing for mental distress or anguish?
While personal injury cases deal with a wide range of damages, when it comes to filing against another party for any other sufferings besides the physical, tax matters shift. When there is no relationship between the emotional and the physical suffering, your settlement would not be tax-free. However, if you sustained any form of emotional distress during your ordeal that is directly linked to a physical condition, then your settlement would not be taxed by the IRS. Although such stipulations may be confusing to digest, it’s important to chat with both your lawyer and your trusted tax professional before you find yourself lost in a sea of tax forms.

Lastly, let’s target loss of wages/income.
If the compensation you receive in your personal injury settlement is solely meant to make up for a loss of income you suffered, it is taxable and must appear on your tax return. As settlements like this are similar to defamation suits, the IRS does expect you to file them.

If you received your settlement from your personal injury case this tax year, we understand your grief. At the J. Gonzalez Injury Attorneys, it is our mission to help your sort through all that coincides with filing a personal injury suit—taxes included. As there are exceptions to almost every legal and tax-related rule, we encourage you to give us a call (contact info) and let us help you keep your head high this tax season!


Initiating a Wrongful Death Suit: The Basics

Posted on Thursday, May 26th, 2016 at 6:00 pm    

While some of us are lucky enough to say that we have yet to lose someone we truly love, the truth is that countless individuals deal with such losses every second of the every day. When someone who played a major role in your life is gone, picking up the pieces can drain take all the strength you have left. For most, they will eventually find closure and hold the memory of those they lost dear.

However, for those who lost a loved one due to the negligence of others, matters are quite different. At the J. Gonzalez Injury Attorneys, in addition to our extensive knowledge of personal injury lawsuits, we also have expertise in a variety of different cases, including wrongful death. If someone you loved dearly was killed due to the carelessness of another party, we can help you and your family get the justice your deserve today.

As wrongful death suits cover everything from construction accidents to car collisions, it’s important to know the facts if you suspect your loved one was a victim. While we know that your life will never be the same without that person, we have made it our mission to empower you and instill you with confidence within you if you lost a loved one to wrongful death.

In order to understand this type of lawsuit strategically, it’s important to know the ins and outs of initiating a wrongful death case:

The statute of limitations in all states gives you at least one year to file a wrongful death suit.

As stated previously, when you lose someone you care about, filing a wrongful death lawsuit is probably the last thing on your mind. However, as the law gives you one year to do so, it’s important to act fast and speak with your lawyer today if you suspect wrongful death played a role in the loss of your loved one.

Acting quickly will assure that the details of your loved one’s death are fresh in your mind so that you may help them attain the justice they were deprived of.

The Process

While the particular course of action you take will differ according to your situation, follow these guidelines for some insight on what you should do if you suspect wrongful death was a factor in the loss of your loved one:

  1. Determine whether or not your loved one was pursuing a personal injury case against the defendant (the party you believe is responsible) before he or she died.

–       There are survivor statutes that allow you to pick up the suit on behalf of your loved one.

–       This personal injury case will be separate from any wrongful death suit you are filing, but it is likely the two will be wrapped up into one trial or settlement.

–       Discovering lingering personal injury claims is key.

If your loved one died in a work- related incident, searching for any records of lost personal injury cases is vital so that you and your family may receive the aid and closure you need to move forward.

  1. Most importantly, determine if you are permitted by law to file a wrongful death suit

This is contingent on the following:

–       Your relationship to the victim<

–       Your state of residence

–       The decedent’s will

If there is no will:

–       You must be an adult

–       You must be directly related to the victim (spouse, child, etc.)

*Sometimes the person who files a wrongful death suit is not the same person who will benefit from the awarded money. There are clear laws regarding who can legally be a beneficiary. If you have any questions about this subject, consult with your lawyer today!

Know the basics about estates

When you lose a loved one, their possessions, property, money and other assets so forth are collectively referred to as an ‘estate.’ In a wrongful death lawsuit, there is a possibility that the damages collected will not be awarded to a beneficiary, but to an estate (which can include multiple people in some circumstances).

Proceeding

If you have determined whether or not your loved one was in the midst of filing a personal injury suit and you have the right to file a wrongful death suit, it’s time to meet with a lawyer and file. It will then be your task to prove that another party committed a mistake that lead to the death of your loved one.

Between funeral expenses, medical bills and the terrible horrible grief losing a loved one causes, now is not the time to face filing a wrongful death lawsuit alone. If you suspect your loved one died as the result of another party’s negligence, call the J. Gonzalez Injury Attorneys at 1800-car-crash and allow us to be your ally during this difficult process today.

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