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.

 

Source: https://www.krgv.com/news/el-paso-woman-whose-husband-died-by-hot-tub-electrocution-at-mexican-beach-resort-files-wrongful-death-suit


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


Harlingen crash leaves one victim

Posted on Wednesday, June 12th, 2024 at 9:35 pm    

The Texas Department of Public Safety is investigating a two-vehicle crash that left one driver dead. The accident happened June 9 at approximately 9:40 p.m. at the intersection of FM 1479 and FM 800.

According to DPS spokesperson Sgt. Maria Hernandez, a preliminary investigation indicates that a Toyota RAV4 was traveling west on FM 800 and a Ford F-150 Lariat was traveling north on FM 1479, approaching FM 800.

Hernandez said the driver of the Toyota failed to yield the right of way at a stop sign at the intersection and collided with the Ford.

The driver of the Toyota died at the scene from his injuries. Their identity has not been released, and the condition of the driver of the Ford was not known as of this writing.

 

Running a stop sign is a recognized negligence per se argument

Most people recognize that running a stop sign is an act of negligence, but Texas courts go a step further. They say it’s not just run-of-the-mill negligence, it’s actually negligence per se.

What exactly is “negligence per se?” A negligence per se allegation holds that the act done by the defendant violated a law, causing harm to someone in the process.

This means if a victim has been injured by someone who ran a stop sign, the victim can file a negligence per se car accident lawsuit against the driver, and will most likely win and gain compensation for their injuries.

Call the J. Gonzalez Law Firm

Even though a jury charge under a negligence per se argument asks a much simpler question and is much easier to win, the defendant’s attorney will still fight to sway the jury against you. That’s why you need the best personal injury attorney on your side to make sure that doesn’t happen.

The J. Gonzalez Law Firm knows all about negligence per se arguments, and we’re familiar with almost every scenario you can think of. So, don’t attempt to handle your negligence per se case on your own. We’re ready to help, if you’re ready to talk, call 1-800-CAR-CRASH.

 

Source: https://www.krgv.com/news/one-person-dead-after-a-two-vehicle-crash-in-harlingen


Brownsville man killed attempting to cross road

Posted on Wednesday, June 5th, 2024 at 2:59 pm    

CAMERON COUNTY – A Brownsville man was killed in a Cameron County auto-pedestrian accident. The incident happened June 2 at approximately 2:30 a.m.

According to the Texas Department of Public Safety (DPS), 31-year-old Gabriel Arenas Ibarra was attempting to cross Farm Road 802 near Vermillion Avenue when he was struck by a Toyota Tacoma traveling west on the roadway.

The driver of the Toyota, who wasn’t identified, stopped to render aid and called 9-1-1. According to DPS, Ibarra died at the scene due to his injuries.

DPS was still investigating the crash as of this writing.

 

Can a pedestrian and a driver both be at fault?

Texas is a modified comparative-negligence state. In simple terms that means fault can be apportioned according to the degree to which each party contributed to the accident. Under this rule, an injured party can still recover compensation from other at-fault parties if the injured party is less than 51 percent at fault.

Scenarios that could place fault on both parties

One example of shared fault would be a case in which the pedestrian violated their duty of care by jaywalking and the motorist violated theirs by driving 35 mph in a 25 mph zone.

The pedestrian’s attorney would try to show that the driver could have seen the pedestrian in time if they had not broken the speed limit. The driver’s attorney, however, would argue that the pedestrian crossed so suddenly that a collision would have been unavoidable regardless of their speed.

A judge, jury, or arbitrator would have to determine each party’s percentage of fault.

Contact the J. Gonzalez Law Firm

Even if you had a role in causing an accident, you might still be able to recover compensation. At the J. Gonzalez Law Firm, our dedicated personal injury attorneys understand what is at stake, and what you as an injured party are going through. The J. Gonzalez team can investigate your accident, uncover valuable evidence, and use it to build a strong case on your behalf.

We offer an initial consultation at no cost or obligation to you. You only pay when we obtain a settlement in your favor. Contact us right now via this website, or by calling 1-800-CAR-CRASH.

 

Source:https://myrgv.com/local-news/2024/06/02/brownsville-man-dies-after-attempting-to-cross-non-designated-highway-area/


Teen killed in Pharr crash

Posted on Friday, May 31st, 2024 at 12:00 pm    

Pharr police report an 18-year-old woman died in a crash on U.S. Highway 281. The crash happened May 23 at about 9:30 p.m. in the southbound lanes of U.S. Highway 281 near 4800 N. Cage Blvd.

According to the Pharr Police Department, the vehicle the woman was driving collided with a stalled vehicle on the right shoulder of the highway. The stalled vehicle was displaying hazard lights, according to police.

No other injuries were reported. The identity of the victims being withheld pending notification of next of kin, police added.

 

Does age affect wrongful death cases?

Typically, the victim’s age can affect a wrongful death case. A family that loses a child as a result of another person’s negligence might get a settlement worth millions of dollars. If the person who died was a senior citizen, the settlement could be far less.

The largest settlements typically involve healthy and successful middle-aged people with numerous dependents. However, a competent wrongful death attorney should always take into account the victim’s potential earning capacity, health, and social status. The number of dependents the victim had will also be relevant to the case.

Middle-aged people typically earn more than those in all other age groups. However, there are exceptions. They’re also more likely to have dependent children than younger or older adults are. Many middle-aged people are still very healthy.

If a wealthy and successful 40-year-old mother of five dies in an accident, her family might get a settlement of millions of dollars. However, if the mother had been 35 or 50 years old, it probably would not have a big effect on the outcome of the case. The victim’s age might be an important consideration, but other factors are usually more critical.

Talk to J. Gonzalez

Skilled wrongful death attorneys like J. Gonzalez and members of his personal injury team will always pay attention to every variable. They are ready to listen to the details of your case and the initial consultation is always free.

If the J. Gonzalez Law Firm takes on your case, you pay nothing until you receive the highest wrongful death settlement possible. Contact J. Gonzalez right now via this website, or by calling 1-800-CAR-CRASH.

 

Source: https://www.krgv.com/news/pharr-police-teen-girl-killed-following-multi-vehicle-crash?


Train hits truck in San Benito

Posted on Wednesday, May 29th, 2024 at 3:03 pm    

SAN BENITO – One person was evaluated for injuries after a truck was struck by a train in San Benito on Thursday, May 23. According to officials, the accident occurred on Rowson and Crocket Streets.

San Benito Police Chief Mario Perea told ValleyCentral that the safety crossing guards came down, signaling a train was coming. However, a truck went around the safety arms and a second truck attempted to do the same. The second truck was struck by the train.

According to Perea’s statement, the driver was able to walk away and was being checked by EMS on scene for injuries. Police asked the public to avoid the areas of Crockett Street, Sam Houston and Diaz Street as officers investigated the incident, and worked to clear the roadway.

San Benito police indicated the driver of the second truck would be cited in connection with the collision.

 

When a train hits a vehicle at a railroad crossing, most people assume the driver of the car is to blame. While this thinking is true most of the time, there are some collisions between trains and cars where the railroad operator also bears some liability.

Liability is determined through exhaustive investigation, which considers all factors, including the condition of the crossing, whether the train engineer tried to brake, and whether the train’s horn was used as required by law.

Train engineer’s duty of care

Train engineers are required to apply the brakes as soon as he/she suspects a crash might occur. Since trains cannot stop quickly, the idea is to add a few crucial seconds that might allow the motorist to get off the tracks and out of danger.

Many states, including Texas, require that trains honk their horns to warn motorists of an approaching train, even if there are crossing barriers. As with the duty to brake, honking the horn can provide an additional warning for motorists who may not be aware of an approaching train.

The owners of the train have a duty to ensure their engineers are drug and alcohol free. The liability issues for railroads in the event that an engineer is impaired or distracted are obvious. Of course, just like the train’s right-of-way, such issues, even if proven, do not automatically mean that an injured victim is going to be able to recover compensation for their injuries. Investigators still have to determine if the engineer’s distracted or intoxicated state contributed to the accident. Although the mere presence of a drunk engineer is usually enough to get the railroads to offer some settlement to avoid finding out how a jury will react to such information.

Talk to J. Gonzalez

The above scenarios are just a few of the circumstances that require investigation in the aftermath of a car-train collision. An inexperienced law firm might take on such cases, but they lack the resources or the expertise to properly investigate an accident between a train and a car.

The attorneys at the J. Gonzalez Law Firm have the knowledge and expertise for getting to the truth and maximizing their victims’ compensation.

If someone you love has been injured or killed in a train accident, call 1-800-CAR-CRASH for a free, no-obligation consultation right away.

 

Source: https://www.valleycentral.com/news/local-news/train-strikes-truck-in-san-benito-traffic-delays-expected/


Pharr PD: One seriously injured in multi-vehicle crash

Posted on Tuesday, May 28th, 2024 at 7:07 pm    

PHARR — Pharr police responded to a multi-vehicle accident Thursday night, May 23. The accident occurred about 9:30 p.m. in the southbound lanes of U.S. 281 near Nolana Loop.

One person was transported to the hospital with serious injuries, according to police. An investigation into the crash was ongoing as of this writing. No further details were provided.

 

Gathering medical evidence

When it comes to personal injury cases, documentation is key. Documentation provides an objective account of injuries, treatments, and progress. Documentation is crucial evidence that can support a personal injury case. Without documentation, it becomes difficult to prove the extent of a person’s injuries and the impact on their life.

Types of medical evidence

Medical records – These are documents that provide a detailed account of a person’s medical history, diagnoses, treatments, and recovery progress. They are typically prepared and maintained by healthcare professionals, including doctors, nurses, and other medical staff. These records serve as a factual representation of a person’s injuries and the medical treatment they have undergone.

Diagnostic test results – X-rays, MRIs, and CT scans are among the most common types of diagnostic tests used to assess accident injuries. These tests provide valuable evidence that can significantly impact the outcome of a personal injury claim.

Expert medical opinions – The opinions doctors and other medical professionals are crucial in providing objective evidence and professional analysis to support a claim and demonstrate the extent of the victim’s injuries. Expert opinions help support a personal injury claim by providing valuable insights and expertise.

How J. Gonzalez can help

The top-rated personal injury attorneys at the J. Gonzalez Law Firm know that comprehensive medical evidence is the foundation of a strong case. They have years of experience working closely with medical professionals, such as doctors, specialists, and therapists, to obtain detailed reports of victims’ injuries, treatments, and prognosis. This includes medical records, diagnostic tests, surgical reports, and expert opinions.

Call us today to discuss the details of your personal injury claim and how we can help you get the settlement you legally deserve. You can contact us via this website, or by calling 1-800-CAR-CRASH.

 

Source: https://www.krgv.com/news/pharr-police-teen-girl-killed-following-multi-vehicle-crash?


San Antonio construction workers seriously injured

Posted on Friday, May 24th, 2024 at 1:28 pm    

SAN ANTONIO – Two construction workers were seriously injured May 10 when the cherry picker bucket they were in was knocked to the ground.

According to San Antonio Police, the men were part of a road crew working along the 1604 access road and I-10 on the city’s northwest side. Police say at about 1:00 a.m. the men were lifting two metal beams into place, and were trying to attach them to some concrete pillars. A chain holding one of the beams reportedly broke, and the beam fell into the cherry picker, knocking it to the ground and pinning the workers inside.

The workers had to be rescued by firefighters, authorities said, and then they were rushed to a local hospital in serious condition.

A Texas Department of Transportation representative provided a statement to news media:

“On May 10, 2024, at approximately 1 a.m., there was an incident at the Loop 1604 & I-10 interchange work site. An initial review of the incident indicates that contractors were removing a temporary beam when it fell and struck an aerial-lift with two workers inside. The temporary beam is used during formwork and is different from the large steel beams that permanently support the flyover ramp. An emergency safety meeting was conducted this morning to discuss the incident and review safety protocols. Safety is TxDOT’s top priority, and a full investigation will be conducted.”

 

Recovering damages for construction accidents in Texas

The path to recovering compensation for workplace accidents in Texas can vary, depending on who the liable party is. Also, in Texas, Workers’ Compensation insurance is optional, meaning employers and employees can opt-out of coverage.

Workers who have chosen not to opt out of an employer’s workers’ comp plan may have no other option than to file a Workers’ Compensation claim after a Texas construction site accident in Texas, and that can leave the employee with an insufficient settlement.

Independent contractors and employees who choose to opt-out of coverage are not bound to filing Workers’ Compensation claims. Pedestrians and other passersby injured in a construction site accident also have no need to follow any Workers’ Compensation restrictions.

However, if an employer has opted to purchase Workers’ Compensation, and an employee is a covered employee, he or she may be forced to file a Workers’ Compensation claim.

J. Gonzalez still has options

The personal injury attorneys at the J. Gonzalez Law Firm might be able to help you take advantage of certain exceptions in workers’ comp rules that could allow you to file a lawsuit instead.

Filing a lawsuit can help you recover sufficient compensation after a construction site accident. Generally speaking, employees who are not covered by Workers’ Compensation insurance retain the

right to sue a negligent employer for damages after a construction site accident in Texas. Victims may also be able to file a product liability claim against a negligent manufacturer. Both injured passersby and workers may sue a negligent construction worker for damages after an accident in Texas.

Call J. Gonzalez today for a free case evaluation about your construction site accident at 1-800-CAR-CRASH. You can also schedule an appointment via this website.

Source: https://www.kens5.com/article/news/local/two-construction-workers-seriously-injured-cherry-picker-bucket-falls-ground-1604-and-i-10-san-antonio/273-87e74bbd-7919-4e7e-881f-7e365dc3aa9a


McAllen man dies in fatal auto-pedestrian crash

Posted on Thursday, May 23rd, 2024 at 6:10 pm    

A 54-year-old man is dead after being hit by a car early morning hours of May 22 in McAllen. Lt. Joel Morales said Wednesday afternoon that the auto-pedestrian crash happened at approximately 5:32 a.m. in the 500 block of N. 29th Street.

The victim is identified as McAllen resident Juan Carlos Garcia.

Lt. Morales stated that one person is in custody in connection with the incident, but the person’s identity was not immediately released. No charges had been filed as of this writing.

 

Your legal options if a loved one is killed in an auto-pedestrian accident

If a loved one is killed in an auto-pedestrian accident, immediate family members can seek compensation for a wrongful death claim. Immediate family members include the spouse, a parent, a child of the victim, or by the executor of the decedent’s estate on behalf of one or more of those parties.

Legal options include negotiating a settlement with the at-fault party out of court, or by filing a lawsuit in state district court.

A negotiated settlement starts by contacting the at-fault party’s insurance company. Plaintiffs will submit evidence and documents to establish fault and liability, as well as the value of damages. Evidence can include:

  • Police accident reports
  • Bills for funeral expenses and other costs
  • Hospital and medical records
  • Eyewitness testimony
  • Photographic or video evidence of the accident or scene
  • Expert witnesses, such as medical experts or accident reconstruction experts

If the parties are unable to reach a settlement, the plaintiff(s) have the option to file a lawsuit to pursue recovery in court. As stated above, the plaintiffs will need to provide evidence of liability and fault, as well as evidence of their economic and social losses. Social losses can include:

  • Pain and suffering prior to death
  • Mental and emotional distress
  • Loss of Companionship
  • Loss of Consortium

A judge or jury will render a judgment and the amount of damages the plaintiffs can recover.

Call the J. Gonzalez Law Firm

If your loved one has died in a pedestrian accident, the J. Gonzalez Law Firm may be able to help you file a claim to seek recovery. While nothing can replace your loved one, a settlement may allow you to focus on grieving instead of worrying about your financial situation. Contact us today at 1-800-CAR-CRASH.

 

Source: https://myrgv.com/local-news/2024/05/22/mcallen-man-dies-in-fatal-auto-pedestrian-crash/

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