Street argument leaves one woman dead
Posted on Wednesday, July 17th, 2024 at 10:08 pm
The Hidalgo County Sheriff’s Office is conducting a homicide investigation after witnesses reported a man intentionally ran over a woman with his vehicle, leaving the woman dead on a residential street northeast of Edinburg.
According to a sheriff’s office news release, the incident happened July 15 about 4:50 p.m. in the 6300 block of Lorena Street. The release states that multiple people called 911 to report “several individuals fighting on the roadway.” When deputies arrived on the scene, they discovered a 20-year-old woman who had sustained fatal injuries to the head, the report stated. The victim’s name was not disclosed.
Initial witness statements indicate that the victim had been talking with a man on the side of the street, when another man drove up, exited his vehicle, and an argument ensued. The report states that the driver eventually left the scene, but returned and struck both individuals with his vehicle.
The woman was killed, but the man, identified only as a 27-year-old male, sustained only minor injuries, according to the news release.
The sheriff’s office said deputies located and detained the driver of the vehicle, but no further details were immediately available. At this writing, the sheriff’s office was encouraging anyone with information regarding the incident to come forward by calling (956) 383-8114, or by calling the Hidalgo County Crime Stoppers Hotline at (956) 668-TIPS (8477) or through the P3 TIPS app.
Wrongful death lawsuits by families of murder victims
In Texas, immediate family members of murder or manslaughter victims can bring a wrongful death lawsuit, to compensate the survivors for their losses.
Under Texas law, for purposes of a wrongful death lawsuit, immediate family is limited to the spouse, parent, or child of the victim. The executor of the decedent’s estate can also file on behalf of those parties, as stated in Chapter 71 of the Texas Civil Practice and Remedies Code.
Recoverable losses
Recoverable losses can include funeral and burial expenses, loss of consortium (loss of the victim’s love, companionship, comfort, etc.), and in the case of a spouse or registered domestic partner, the loss of sexual relations.
Losses for grief and sorrow are not recoverable at all by murder victims’ families.
Burden of proof
It is not necessary to secure a murder or manslaughter conviction against the defendant in order for families to sue the perpetrator. In fact, criminal charges do not even need to be filed to win a civil case.
Wrongful death lawsuits do not need to be won by the “beyond a reasonable doubt” standard of proof needed in criminal cases. In a civil lawsuit, nine of the 12 jurors simply need to conclude that it was more likely than not “by a preponderance of the evidence” that the defendant was responsible for the victim’s death. This is a much lower burden of proof than in criminal cases.
Contact J. Gonzalez
If you feel you are entitled to file a wrongful death lawsuit against someone for the loss of an immediate family member, the time is now to contact the J. Gonzalez Law Firm. Our wrongful death attorneys handle cases anywhere in Texas.
Most importantly, the J. Gonzalez Law Firm will handle your case with dignity and respect, and you can trust our firm to find answers, get results, and help you rebuild your life. Contact us now via this website, or by calling 1-800-CAR-CRASH.
Source: https://myrgv.com/alerts-mcm/2024/07/14/roadway-fight-leaves-1-dead-in-edinburg-crash/
Failure to wear seat belt suspected in fatal Alamo crash
Posted on Saturday, July 13th, 2024 at 10:00 am
An Alamo man was killed in a July 4 one-vehicle crash, and the Texas Department of Public Safety (DPS) says the victim’s failure to wear a safety belt may have contributed to his death.
According to a DPS news release, the crash occurred around midnight on Interstate Highway 2 near FM 493 in Donna.
The report states 45-year-old Pedro Garcia was driving west on the interstate in a silver 2005 Nissan Armada, when “for unknown reasons, (the driver) veered off the roadway and drove onto the westbound IH-2 Frontage Road, where the Nissan struck a utility pole, and rolled over.”
The release goes on to say that Garcia was ejected during the crash, and suggested he was thrown from the vehicle because he did not have a seat belt on.
The reports concludes with a warning to all drivers about the danger of not wearing a safety belt while driving.
“According to the National Highway Traffic Safety Administration, wearing a seat belt reduces the risk of dying by 45% for people in the front seat of passenger cars. For those in pickups, seat belts reduce the risk of dying by 60%. Your seat belt is designed to keep you from being thrown into the dashboard, windshield, or even onto the road,” DPS said in the release.
Defective seat belts and personal injury compensation
A recent NHTSA study found that between 1960 and 2012, seat belts saved 329,715 lives. That’s more lives saved than all other vehicle safety technologies combined, including air bags, energy-absorbing steering assemblies, and electronic stability control.
But despite the advances in technology and manufacturing standards, defective seat belts still cause a large number of deaths and injuries every year.
People can be injured by a defective seat belt in two main ways. The strap on a poorly-manufactured seat belt can fray prematurely. A seat belt with defective webbing will not be strong enough to keep from tearing when someone is in an accident.
The most common defect is found in the seat belt latch. A defective latch can lead drivers to believe they are secured in their seat, but they really aren’t. Sometimes a police accident report will state that the accident victim(s) were not buckled in, when in reality they were buckled in, but the defective seat belt failed during the crash impact.
How to prove a seat beat contributed to an injury in a Texas car crash
Determining whether a safety belt is defective is a fact-intensive process. It requires the analysis of trained experts, and you will need to retain one to prove that the safety belt was negligently designed or manufactured to the court.
You need the J. Gonzalez Law Firm on your side. J. Gonzalez knows that seat belt manufacturers will employ a large number of attorneys and crash experts in an effort to defeat claims just like yours. The attorneys at the J. Gonzalez Law Firm have decades of experience representing victims of defectively designed or manufactured seat belts and safety seats.
We are available any time, day or night via this website, or you can set up your initial free consultation regarding your injuries at 1-800-CAR-CRASH.
Source: https://myrgv.com/local-news/2024/07/04/alamo-man-ejected-from-vehicle-killed-overnight-thursday/
DPS investigating pedestrian fatality
Posted on Friday, July 12th, 2024 at 8:01 pm
WESLACO — The Texas Department of Public Safety is investigating an auto-pedestrian fatality north of Elsa. According to a Texas DPS news release, the fatal crash happened June 9 on FM 1925 (Monte Christo Road), west of Engleman Road at 4:34 a.m.
The news release states that a gray Chrysler Town & Country van, occupied only by the driver, was traveling east on FM 1925 west of Engleman Road.
A man crossing FM 1925 from north to south and was hit by the Chrysler, went airborne, landed on the windshield of a pickup truck headed in the same direction, before landing on the pavement of the road.
The victim was identified as 36-year-old Juan Eufracio Lopez Gutierrez of Edcouch. He died from his injuries at the scene, according to the DPS report. The driver of the Chrysler and the occupants of the truck were not injured.
DPS Troopers were still investigating the fatal crash on Engleman Road as of this writing. There was no indication that charges would be filed in the case.
The personal injury attorneys at the J. Gonzalez Law Firm want to help reduce the risk of incidents such as the above fatality on FM 1925. Here are few safety tips that you and your loved ones should follow when walking along a street in the dark.
Carry a light source
A flashlight, headlamp, or a blinking light attached to clothing can greatly help drivers see you from a much greater distance at night. Being aware of your presence allows drivers more time to slow down and be prepared if pedestrian should happen to veer into the street.
Wear bright clothing
Bright colored clothing is another helpful pedestrian indicator for drivers. Black or dark clothing will greatly obscure your presence at night.
Use only designated sidewalks and crosswalks
Pedestrians should never walk along a roadway that has no sidewalk. Neither should pedestrians use the shoulder of a road as a walking path. The shoulder is for vehicles only. Pedestrians should only cross a road at a designated crosswalk. Drivers must give the right of way for pedestrians who are crossing the street in a marked crosswalk.
Pay Attention
Most people refuse to go anywhere without their cell phone. That includes when they go out for a walk, but when you are walking, especially at night, you should practice proper pedestrian safety by keeping your eyes up and focused on what is around you.
Contact J. Gonzalez if you need help with a pedestrian accident
Pedestrian safety is mainly the duty of the pedestrian, but sometimes pedestrians who follow all the rules are still injured by careless drivers. f you believe you were injured due to a driver’s negligence while you were walking at night safely, the J. Gonzalez Law Firm will handle the personal injury claim process while you focus on your recovery.
Contact us today via this website or by calling 1-800-CAR-CRASH.
Man pulled from wreckage in La Feria crash
Posted on Thursday, July 11th, 2024 at 8:36 pm
La Feria firefighters pulled one man from the wreckage of his automobile following a one-vehicle rollover crash on Kansas City Road. The accident happened on the afternoon of July 8.
The Texas Department of Public Safety also responded to the crash. DPS Sgt. Maria Hernandez said the driver sustained non-life-threatening injuries. His identity was not immediately released.
Personal injury cases in one-vehicle rollover crashes in Texas
In order to make a personal injury claim in a single-vehicle accident, another party must be found negligent, or responsible, for the accident. Drivers are usually held responsible when they are involved in one-vehicle accidents, however, there are some exceptions.
For example, there are cases in which poor road maintenance, road debris, or a vehicle defect have been found to have caused the crash.
The J. Gonzalez Law Firm is an expert in Texas personal injury cases and it may be able to help you make claim if you have been hurt in a single-vehicle crash.
If you believe you were hurt because of any of the following reasons:
Vehicle defect
Poorly-maintained road
Falling debris from another vehicle
Reckless driving by another motorist
You should consider reaching out to the J. Gonzalez Law Firm. Our attorneys can review your case, investigate the causes of your accident, and fight to help you get the settlement you deserve under the law.
Under Texas law, you must file a claim within two years of the date of the crash, so time is of the essence. Call the J. Gonzalez Law Firm today at 1-800-CAR-CRASH, or contact us directly via this website. Our attorneys are ready to assist you with the insurance claim process and with seeking damages from any negligent parties.
Source: https://www.valleycentral.com/news/local-news/one-pulled-from-wreckage-in-la-feria-crash/
Driver of 18-wheeler killed when rig crashes into Mission home
Posted on Thursday, July 4th, 2024 at 9:00 am
The driver of an 18-wheeler semi-truck that crashed into a home in Mission June 29 died as a result of injuries he sustained in the accident, according to authorities. Police say 51-year-old Anastacio Martinez Jr. died from traumatic injury from the impact of the crash, and possible asphyxiation. Police added that a toxicology test was not conducted, because alcohol is not believed to have been a factor in the crash.
In the immediate aftermath of the crash, members of the Mission Firefighters Association took to Facebook to issue a statement explaining that the crash occurred in the 2600 block of West Expressway 83 in Mission.
They were asking residents to avoid the area as they continued their efforts to rescue the driver.
Firefighters provided images showing the back of the semi sticking out from the side of a home with a trail of dirt and debris behind it. The trail stretched across the parking lot of a Jr’s Tires and Wheels located next the home.
Art Flores, spokesman for the Mission Police Department, said authorities received the call about the crash at about 9:00 a.m. Saturday.
What happens if a vehicle crashes into your home?
The above accident is just one of the rare commercial accidents involving 18-wheelers that occur in the Rio Grande Valley every year. Even though cars and trucks do not typically crash into buildings, a personal injury case can still arise from such an incident.
People inside the house can sustain injuries as well as people in the vehicle. Fatalities can also occur.
Who is liable when a vehicle crashes into a Texas home?
The party who caused the accident is liable for the damages under Texas tort laws. Texas drivers must have a minimum amount of liability coverage for car accidents. A vehicle striking a home will likely cause significant property damage. The homeowner and other victims are entitled to compensation for damages and even death in these types of crashes.
Therefore, it is crucial to identify all parties who contributed to the cause of the crash. Each party responsible for the crash could be liable for paying the damages.
Seeking compensation
Victims can receive personal and economic damages from any party responsible for the crash. The defendant might be the driver, the company (when commercial vehicles are involved), or even a brak manufacturer if the braking system is determined to have been faulty.
Economic damages can include:
· Property damage to your home and personal property
· Lost wages
· Out-of-pocket expenses
· Medical expenses and bills
· Diminished earning capacity
Non-economic damages can include emotional distress, loss of quality of life, permanent impairments, pain, and suffering. In addition, if a family member died, your family could be entitled to damages under Texas wrongful death laws.
If the defendant’s car insurance policy does not cover the damages caused by the wreck, the victim’s homeowner’s insurance policy might cover the damage under a hazard insurance clause. Have an attorney review your policy to determine if it covers losses, such as a car hitting your home.
The J. Gonzalez Law Firm can help
Filing a personal injury claim against the driver and other at-fault parties can get you the money you need to repair your home, pay your bills, and get back to your ordinary routines.
Multiple parties could be involved in your case, including multiple insurance companies. Each of the parties will try to shift blame to avoid liability. Having the J. Gonzalez Law Firm handle your case from the beginning can avoid mistakes that could hurt your case.
Remember, there are time limits for filing claims (usually two years). If you do not file a lawsuit before the statute of limitations expires, you lose the right to pursue a claim in court.
For more information, contact the J. Gonzalez Law Firm via this website, or by calling 1-800-CAR-CRASH. The initial consultation is free, and you pay nothing unless J. Gonzalez gets you the compensation you deserve.
Source: https://myrgv.com/local-news/2024/06/29/driver-of-18-wheeler-crashes-into-mission-home-dies/
Vigilance is vital to road safety, TSTC CDL trainers say
Posted on Wednesday, July 3rd, 2024 at 9:55 pm
Special report to the J. Gonzalez Law Firm
MARSHALL — Commercial accidents involving 18-wheelers are a universal concern for motorists in the Rio Grande Valley and across Texas. That’s why Texas State Technical College’s Professional Driving Academies work hard to instill safe driving habits in their student drivers.
Wayne Bradley is a commercial driver’s license (CDL) trainer at TSTC’s Professional Driving Academy at the Marshall campus. His job is to help reduce 18-wheeler accidents in the Rio Grande Valley and elsewhere in Texas.
“When they come to a CDL program, we’re taking an existing driver and we’re upgrading them to a professional driving operator so that they can operate a vehicle safely, and retraining them to help get rid of bad habits,” he said.
Bradley said noncommercial drivers should be careful about merging into the space between a semitruck and the vehicle ahead of it.
“Say the semitruck is 72 feet long. At 60 miles an hour, he has to leave six seconds or more between him and the driver ahead,” Bradley said. “If he hits the brakes, he’s lucky if he stops in a football field or two.”
Bradley Hayes, a TSTC program team lead, said noncommercial drivers should exercise caution when tempted to speed up and pass commercial vehicles that are changing lanes.
“They (commercial vehicles) need twice as much time and ability to change lanes,” he said. “If you’re that far behind that you’re not blocking them from moving over, slow down and give them room.”
Hayes said he was aware of many fatal accidents during his 25 years of working in diesel mechanics.
“Generally if someone tangles with a commercial vehicle, they’re going to lose, and often they lose everything,” Hayes said.
Hayes said diesel companies are incorporating more technology to increase safety with such features as dashcams and crash avoidance.
TSTC CDL student David Denham knows the importance of staying calm, cool and collected behind the wheel.
“If every truck in the United States shut down for one day, it would take three to five months to get everything going again,” he said.
The Professional Driving Academy is offered through TSTC’s Workforce Training and Continuing Education department at the Abilene, Brownwood, Fort Bend County, Harlingen, Marshall and Sweetwater campuses.
If you are involved in an 18-wheeler accident in the Rio Grande Valley or anywhere else in Texas, you need the expert representation that only the J. Gonzalez Law Firm can provide. Our team of experienced personal injury attorneys will ensure you get every penny of the compensation you are legally entitled
to. Call the J. Gonzalez Law Firm at 1-800-CAR-CRASH. Your initial consultation is free and you pay nothing until we win your case!
Source: https://myrgv.com/local-news/2024/06/30/vigilance-is-vital-to-road-safety-tstc-cdl-trainers-say/
Dog attack in Monte Alto leaves elderly woman dead
Posted on Tuesday, June 25th, 2024 at 3:58 pm
MONTE ALTO — An elderly Monte Alto woman died after being attacked by two of her own dogs.
According to the Hidalgo County Sheriff’s Office, the attack happened June 21 about 6:00 p.m. in the woman’s back yard in the 22000 block of Jesus Flores Road.
The sheriff’s office news release says deputies arrived at the residence and found an 85-year-old woman lying on the ground, bleeding from her neck, and the left side of her head. The woman, whose name was not released, was transported to a hospital where she died as a result of her wounds.
HCSO Investigators interviewed the victim’s brother, and according to the news release, the man told them that his sister had gone outside to feed the dogs, and then he heard her screaming. The man told deputies that he went outside, and saw the dogs attacking his sister. He said when he attempted to get the dogs away from her the dogs tried to attack him. He shot and killed one of the dogs with a shotgun and the other dog ran away, according to the news release.
Animal Control officials subsequently caught the second dog involved in the incident.
The investigation was still ongoing as of this report.
The above incident appears to have involved the woman’s own dogs. In cases where a person is attacked by someone else’s dog, the victim has a right to file a personal injury claim against the dog’s owner. If a person is killed by someone else’s dog, an immediate family member can sue the owner for wrongful death.
In a Texas dog bite claim, the injured person must typically prove two things. One, that the owner knew that their dog has acted aggressively or has bitten someone in the past, or that the dog’s owner failed to use reasonable care to control the dog or prevent the bite.
The negligence rule also applies to other types of injuries caused by dogs. For example, if a large dog jumps on a person and causes an injury, the injured person may bring a claim for damages against the dog’s owner. Again, the injured person will have to show either that the dog’s owner knew the dog was aggressive or that the owner failed to use reasonable care to prevent the dog from harming others.
Although Texas’s “negligence” rule applies to most dog bites, Texas courts will apply a “strict liability” rule in cases in which the dog is known to be “vicious, dangerous, or mischievous.” Strict liability in this context means that if the injury was caused by a “dangerous dog,” the injured person does not have to demonstrate that the owner also failed to use reasonable care to restrain or control the dog. The injured person will be able to recover damages simply by demonstrating that the dog was known to be dangerous.
In dog bite cases that cause severe injury, the dog’s owner may face criminal charges as well as civil liability. The Texas Health and Safety Code states that a dog’s owner can be charged with a felony if:
• the owner “with criminal negligence” fails to secure the dog, and the dog attacks someone, unprovoked, at a location away from the owner’s real or personal property, or
• the owner knows the dog is a “dangerous dog” and the dog attacks someone, unprovoked, outside its own secure enclosure, and
• either of these situations causes serious bodily injury or death.
Contact J. Gonzalez
If you’re bitten by someone’s dog (or other pet) it’s important that you get medical attention, contact the police, and call a personal injury attorney who can explain your options regarding a lawsuit. The J. Gonzalez Law Firm offers a free initial consultation, and you don’t have to pay anything unless J. Gonzalez obtains the highest-possible compensation that you’re entitled to. Call today at 1-800-CAR-CRASH.
Source: https://www.valleycentral.com/news/local-news/dog-attack-in-monte-alto-leaves-woman-dead/
U.S. Coast Guard investigating fatal boat collision
Posted on Wednesday, June 19th, 2024 at 2:11 pm
The U.S. Coast Guard is investigating a boating accident that left one man dead. The accident happened about 11:30 a.m. June 11 in the Laguna Madre near the Arroyo Colorado.
According to the U.S. Coast Guard, two fisherman launched their vessel from Adolph Thomae Jr. County Park in Arroyo City, and proceeded out to the Laguna Madre. The boat’s motor then had a mechanical failure, according to the report, leaving the craft unable to move.
A barge subsequently struck the boat, pulling it underwater. One of the men on board drowned. The other was rescued. Their identities were not immediately released. The U.S. Coast Guard stated that neither man was wearing a life jacket.
What to do when a loved one dies in a boating accident
You will need legal representation if an immediate family member is killed in a boating accident, because many factors will determine who, if anyone, was at fault.
There may have been dangerous or faulty equipment on the boat. The vessel may have lacked the required safety equipment such as life jackets. In Texas, it is illegal to operate any water vessel without the required safety equipment, and the requirements will vary based on the size of the boat.
The boat’s operator may have engaged in negligent or reckless conduct that caused the accident. The operator of another vessel that collided with the victim’s boat may have been at fault as well due to one of the above reasons.
Contact J. Gonzalez
At the J. Gonzalez Law Firm, our expert team of boat accident attorneys will help you understand your rights and they will fight on your behalf for a fair recovery. As your legal representative, we will conduct a thorough boat accident investigation to determine who was responsible. Following our investigation, we will build a case to find justice for a loved one’s life that was taken because of someone else’s negligence.
Damages from a wrongful death lawsuit could help pay for funeral costs, lost income, and pain and suffering. To schedule a free initial consultation, contact us via this website, or call 1-800-CAR-CRASH. The J. Gonzalez Law Firm will never charge you for attorney fees unless we successfully resolve your case.
Source: https://www.krgv.com/news/u-s-coast-guard-investigating-deadly-cameron-county-boat-accident
El Paso woman files wrongful death lawsuit over husband’s death in Mexico
Posted on Tuesday, June 18th, 2024 at 4:57 pm
EL PASO — An El Paso woman has filed a wrongful death lawsuit against the US operators of a Mexican resort hotel. The suit was filed after the woman and her husband were electrocuted in a hot tub during a vacation in Puerto Peñasco, Mexico.
Attorneys for Lizzette Zambrano filed the wrongful death lawsuit June 14, alleging negligence in the June 11 death of her husband, Jorge Guillen. Zambrano survived the electrocution, and was flown to an Arizona hospital for treatment. She was released June 14.
Zambrano, Guillen, and other family members were vacationing at the Sonoran Sea Resort in Puerto Peñasco, Mexico, a beach town on the Gulf of California near the Arizona border.
The lawsuit states that Guillen dipped his foot in the resort’s hot tub and the shock caused him to tumble into the water. The continuous electric current trapped him underwater, and Zambrano jumped in to rescue her drowning husband, according to the lawsuit.
A guest managed to drag Zambrano out of the water, but efforts to retrieve Guillen with poles and various metal tools only unleashed electric shocks on more and more people, the lawsuit said.
Ten minutes passed before hotel workers responded and were able to pull Guillen from the bottom of the hot tub, but by then it was too late.
“There is no reason this should have happened,” said Tej Paranjpe, a Houston attorney representing Zambrano. “Hotels and resorts have a duty to ensure guest safety. At no point did resort staff think to engage an emergency shut-off, not to mention warn guests of a faulty, dangerous amenity.”
Zambrano is seeking $1 million in damages from the U.S.-based resort operators from her hometown of El Paso. The lawsuit names Casago, LLC., Casago International, LLC., and High Desert Travel, LLC. as defendants. It was filed in El Paso state district court.
The Arizona-based defendants did not respond to an Associated Press request for comment on the suit.
Meantime, Mexican prosecutors in Sonora state reported that investigators were looking into “the origin of the electrical failure” and would conduct field visits in the coming days.
Foreign country wrongful death Lawsuits
Jurisdiction is key when contemplating a wrongful death lawsuit for a death that occurred in a foreign country. Most often a plaintiff is required to bring the lawsuit in the country where the wrongful death happened.
In an overseas lawsuit, you will need the advice of a knowledgeable attorney who is familiar with the other country’s civil laws regarding liability, caps on damages (if any), and its statute of limitations. For example, the Texas wrongful death statute of limitations is two years from the date the cause of action arises. However, that may not be the case in the country where you need to file suit.
In some cases, a plaintiff does not have to file a wrongful death lawsuit in the country where the death occurred. For instance, a resort in Mexico might be owned and/or operated by a company from the United States. This would give the plaintiff the option to sue in the United States or Mexico.
Also, some travelers sign up with U.S.-based companies that provide overseas tours. A plaintiff would be able to sue this type of company in the United States if it contributed to the wrongful death.
Then there is the matter of foreign subsidiaries of American companies. In some cases the American parent company could be held liable for the actions of one of its subsidiaries. Keep in mind that the liability of an American company for the actions of its foreign subsidiaries is an intrinsically fact-based inquiry.
Call J. Gonzalez
Plaintiffs looking to file a wrongful death lawsuit for a death that happened in another country need to consult an attorney who is familiar with the host country’s laws and any applicable international agreements.
The veteran torts attorneys at the J. Gonzalez Law Firm are experienced in handling even the most complicated wrongful death suits, including international cases. J. Gonzalez and his team of personal injury attorneys understand how devastating and overwhelming it is to lose a loved one due to someone else’s negligence during overseas travel.
The J. Gonzalez Law Firm can help you understand your rights and pursue the compensation you deserve. Contact us today via this website, or by calling 1-800-CAR-CRASH.
Donna man killed in auto-pedestrian accident
Posted on Thursday, June 13th, 2024 at 3:33 pm
Alamo police say a 60-year-old Donna man was killed when he was struck a vehicle. According to a police department news release, the accident happened June 10 in the 1300 block of west Frontage Road 83 at around 3:47 a.m.
The victim is identified as Alfredo Villalpando of Donna. The police report says Villalpando was struck by a Ford F-150 and that he was pronounced dead at the scene. The driver remained at the scene, according police, and was not expected to face charges.
Tort claims when the other driver is not cited
A traffic citation can serve as evidence that another driver’s negligence caused your accident, or an accident that caused the death of a loved one. However, it is not the only evidence that can show fault.
You can still pursue a personal injury claim for yourself or a wrongful death claim if an immediate family member is killed even if the defendant was not cited after the accident.
Police investigating crashes sometimes miss critical evidence, and in cases where there are conflicting accounts of what happened, and a citation might not be issued. The police report may indicate whether any other factors, including possible traffic violations, may have contributed to the accident.
It might include an at-fault driver’s statement admitting he or she caused the accident. Another example would be if one the at-fault driver’s passengers admitted that the driver was speeding or recklessly operating their motor vehicle.
Contact J. Gonzalez Law Firm
The personal injury and wrongful death experts at the J. Gonzalez Law Firm can look for evidence that supports your claim, including, but not limited to:
- The position of the vehicles at the time of the accident
- Traffic conditions at the time of the accident
- The position of the vehicles after the accident
- Damage to the vehicles after the accident
- Damage to other property
- The weather and time of day
- Skid marks
- Witness statements
- Photographs
- Impairment due to alcohol or drugs
If you have been injured in a car accident, you may be entitled to compensation even if the other driver was not issued a citation. Call J. Gonzalez today at 1-800-CAR-CRASH or contact us via this website. Your initial consultation is free and we charge no attorney’s fee unless we win your case.
Source: https://www.krgv.com/news/donna-resident-killed-in-auto-pedestrian-accident