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

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/

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?

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 — 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 – 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

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/

MCALLEN — A May 8 crash in McAllen left one man dead and caused a power outage.

According to McAllen police, the one-vehicle crash happened around 3:00 a.m. in the 4100 block of north Bicentennial Boulevard. They say the victim was driving south on Bicentennial when his vehicle left the street for unknown reason. The vehicle collided with a cinder block wall, a parked vehicle, before coming to a stop when it struck a light pole, according to police.

The victim, identified as 21-year-old Dominik Alvarado of Hidalgo, was pronounced dead at the scene. Police added that a 21-year-old passenger was injured and transported to an area hospital.

The crash also caused a temporary power outage to about 1,000 AEP customers in the area.

Personal injury cases when at-fault driver dies

Fault in the above accident has not been established. Generally speaking, claims for compensation come down to whether someone else’s negligence directly resulted in your damages. In most states, including those with no-fault insurance systems, the at-fault party’s death does not affect a claim for compensation.

Filing a claim against a deceased at-fault driver

If the decedent’s insurance company fails to meet a compensation claim despite having sufficient evidence to prove liability, the victim may have to file a lawsuit against the deceased driver’s estate. This can complicate matters, but the liability insurance company would still defend the case and be responsible for paying the victim’s damages (as long as there is adequate insurance coverage).

Deceased driver’s family

Injury victims sometimes hesitate to file a claim or a lawsuit against an estate, especially if they know or are related to the at-fault driver’s family. However, it’s essential to understand the focus is on insurance company throughout the process, even if a lawsuit is filed It is not with the deceased driver’s family or loved ones.

J. Gonzalez is ready to help

The personal injury attorneys at the J. Gonzalez Law Firm are ready to guide you through the legal process of pursuing the compensation you need, even if the at-fault driver died in the crash.

The consultation is free, and J. Gonzalez works on a contingency fee basis, which means there are no fees unless we win your case. Call us today at 1-800-CAR-CRASH, or contact us via this website.

Source: https://www.valleycentral.com/news/local-news/single-car-accident-in-mcallen-kills-man-causes-power-outage/

HARLINGEN — The Harlingen School District has issued a new release stating one of its school buses was involved in a May 16 traffic accident.

According to the district’s transportation department, the school bus was on its way to pick up students when was hit by a red pickup truck at approximately 7:45 a.m. at the intersection of F Street and Tyler Avenue.

The school district stated that the driver of the truck disregarded a red light, causing the accident. The Harlingen Police Department had not independently verified the accident as of this writing.

Meantime, a district employee emphasized that there were no students on the bus at the time of the accident and that the bus driver was not injured.

“He [school bus driver] was on the second run, so he was on the way to pick up some other students,” said Luciano Rubio with the Harlingen CISD Transportation Department.

Harlingen CISD did not provide identification on either of the two drivers involved in the crash.

Personal injury lawsuits involving school buses

Texas school districts have sovereign immunity protecting them from most personal injury lawsuits. However, school bus accidents are not covered by this immunity.

As noted in the above news story, school districts are not always at fault when a bus accident occurs. Therefore it is important to sue the correct party or parties. Personal injury cases will proceed differently, depending on who caused the crash.

Suing the other driver

If your child was injured in a crash that was caused by a motorist other than the bus driver, then, you would sue that motorist. If the school bus driver were to be injured in such a case, he or she could also sue the other driver.

Suing the other driver’s employer

If the school bus was hit by a commercial vehicle, victims can generally sue that driver’s employer. This is common in cases where the accident is caused by a delivery truck, a van, or a commercial passenger vehicle.

Suing the bus driver or school district

If the bus driver caused the accident by negligence victims can sue him or her individually, but they likely won’t have the money to pay multiple or perhaps even one claim. Since the school district hired the bus driver, the school district might also be held responsible for the driver’s mistakes or negligence.

Contact J. Gonzalez

Because of the many complexities of school bus accidents, it’s important to have a lawyer who has experience handling difficult cases. The personal injury attorneys at the J. Gonzalez Law Firm are just the kind of team you want fighting for you.

They’re ready to listen to the circumstances of your case and it won’t cost you anything unless we recover a settlement on your behalf. Call now for a free consultation at 1-800-CAR-CRASH.

Source: https://www.valleycentral.com/news/local-news/harlingen-cisd-vehicle-runs-red-lights-hits-school-bus/

PHARR — Pharr police have released new details on the April 26 death of an eight year old boy who died when he was hit by a vehicle while riding his bicycle. The details are found in an investigation report compiled by the Texas Department of Transportation.

The report states that at 7:30 p.m., April 26, Pharr police officers responded to the 700 block of E. Eller Street where a truck leaving an apartment complex fatally struck 8-year-old Caleb Ramirez.

The report further states that the truck involved in the crash was a black GMC Sierra pickup driven by a 17-year-old male, and accompanied by an 18-year-old male. It adds that the driver of the GMC truck was given a citation for a charge of “no driver’s license.”

A section of the report titled “Investigator’s narrative opinion of what happened,” states the truck was travelling eastbound on 701 E. Eller Street as it was exiting the driveway. According to the report, the driver stated he was driving 25-30 miles per hour and did not see the bike in front of him and was unable to brake in time.

The report states that Ramirez was attempting to cross the street on a bicycle from the driveway of his home, and did not yield the right of way to the truck. The investigator’s narrative concludes by stating that the truck struck the bicycle with the front bumper of the vehicle.

Ramirez’s time of death was listed as 8:09 p.m.

Texas Parental Responsibility Law

When a minor child is responsible for someone else’s property damage or personal injury, the juvenile justice system takes a different approach to liability than in cases involving adults. Generally speaking, the courts assign liability to the child’s parents.

Many parents don’t know that the courts can hold them legally responsible for the actions and behavior of their minor child. Texas, and almost every other state, has enacted a version of parental responsibility laws.

Texas Family Code, Chapter 41

Chapter 41 describes parental liability for the conduct of a child, but only deals with property damage, not personal injury. Texas’ parental responsibility laws do not cover personal injury liability. The statute assigns liability to any parent or “other person who has the duty of control and reasonable discipline” of a minor – meaning that legal guardians may be held responsible for the actions of a minor child. The courts will hold a parent liable for property damage a child causes in two situations:

The courts can attribute a child’s negligent conduct to a negligent failure on the part of a parent or guardian when the child is between the ages of 10 and 18, and if they committed the act willfully and maliciously.

The Family Code places a limit on damages available for recovery according to the willful and malicious conduct of a child. The cap is to actual damages, not to exceed $25,000, plus attorney’s fees and court costs. The $25,000 or actual damage cap is per occurrence, meaning that two separate acts of property damage may have caps of $25,000 each. For example, if a minor child willfully and maliciously causes property damage in two different rooms of a hotel, the damage limits will apply to each room separately.

Texas Family Code does not cover property damage that results from accidental actions or behaviors. The courts will not assign fault for a child’s accident to his or her parents. For a defendant to bring a claim against a minor child for property damage, he or she needs to prove that the child’s negligence or willful and malicious intent caused the damage, not simply an accident.

Parental liability beyond statute

The Texas Family Code does not have the only word on parental responsibility. The statutes in Chapter 41 do not list every negligent action that courts might assign to parents. Civil liability may extend to parents under the principles of common law in certain situations. It is possible for an injured party to bring a personal injury claim against parents for damages a child caused on the grounds of parental negligence.

A party may be able to sue a minor’s parents for negligence or breach of duty if he or she can prove that the parents knew of a child’s propensity for the harmful behavior before it occurred and failed to do anything to prevent an injury or property damage.

Call J. Gonzalez

If you have been injured by the negligent actions of a minor child, and you believe the parents might bear some responsibility for it, call J. Gonzalez. A successful claim or lawsuit depends on having the right personal injury attorney on your side.

Contact the J. Gonzalez Law Firm to discuss your case via this website, or by calling our toll-free number at 1-800-CAR-CRASH.

Source: https://www.valleycentral.com/news/local-news/crash-report-reveals-new-details-in-death-of-8-year-old-riding-bicycle/