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/

WILLACY COUNTY – An Atlanta man was killed after being ejected from his vehicle in a rollover crash in Willacy County on Saturday.

Antonio Perez Jr., 44, died at the scene of the crash due to his injuries, according to a Texas Department of Public Safety news release.

The crash occurred May 11 at around 5:13 p.m. on U.S. Highway 77 south of FM 3168 in Willacy County.

According to a DPS statement, Perez drove his white Ford F-550 off the road and onto an open field once he reached the end of the concrete barriers from the bridge. Perez was not wearing his seat belt, according to DPS, and he was ejected as the truck rolled over.

Troopers are still investigating the crash and said they suspect alcohol “was a contributing factor pending the toxicology report.”

For visitors to our Great State of Texas

If you should ever be injured while you’re on vacation in Texas, the J. Gonzalez Law Firm strongly recommends that you work with an experienced attorney who is local to the area where the crash took place.

Hiring a local Texas attorney makes sense for many reasons.

Car accident cases are often complicated and time-consuming.

Your attorney may need to subpoena records and evidence, depose the defendant, follow up with eyewitnesses, and more.

It is also to your benefit to contact a lawyer sooner rather than later, as critical evidence may be lost forever if your lawyer isn’t able to protect and examine it soon after the crash.

All these things are much easier to handle if the person doing the work is familiar with, and local to, the area.

Additionally, an experienced attorney based where the crash took place will be familiar with local laws, local courts and judges, and potentially even local insurance company attorneys who may be on the defense team.

For all these reasons, working with a Texas attorney can help the process go much more smoothly, and give you a better chance at a great outcome than trying to handle things on your own or with an attorney from out of state.

Call J. Gonzalez

The J. Gonzalez Law Firm has handled many claims for out-of-state crash victims. We have recovered millions of dollars in damages while our clients we able to return home while we handled their case.

Call us today to find out how we can help you get the largest settlement you legally deserve, and you won’t pay any money until we do. Call 1-800-CAR-CRASH today or contact us via this website.

Source: https://myrgv.com/local-news/2024/05/13/44-year-old-atlanta-man-killed-in-willacy-county-rollover-crash/

PHARR – The mother of an eight-year-old boy who was fatally struck while riding his bicycle has shared her grief with the public.

Sonia Hernandez of Pharr spoke with KRGV-TV reporter Sarah Cervera about the death of her son, Caleb Ramirez, which occurred April 26 about 7:30 p.m. outside the family home in the 700 block of East Eller Street.

“He was real silly,” Hernandez said in her interview with Cervera. “He played with everyone. He was the nicest little boy. He had his morals.”

According to Pharr police, Ramirez was riding his bicycle on the street when he was hit by a pickup truck. Hernandez says the incident was recorded by a home surveillance camera.

“The video shows where he looked both ways, no cars and by then there was a truck parked on the curb, so to Caleb there was no danger,” Hernandez said the interview. “As he started peddling, the truck took off, and he ran over my baby.”

Pharr police have not released the name of the driver, but they have said he remained at the scene the accident and that he has cooperated with their investigation. No charges have been filed against him.

Hernandez said in her interview that the community created a makeshift memorial for Caleb, and she urged parents to cherish their time with their children.

“Love your babies. Don’t go a day without saying goodbye or without kissing them to take pictures with them,” Hernandez said.

What is loss of consortium?

In Texas, loss of consortium is a legal tort which holds that someone else’s negligence deprived a plaintiff of the benefits of a relationship due to an injury or death. It most often arises in wrongful death civil lawsuits.

Loss of consortium applies only to the loss of a relationship with a child, parent, or spouse. A sibling cannot seek loss of consortium for the death of another sibling, nor can members of the extended family.

Loss of a Child

In Texas, there is a limitation on a loss of consortium claim involving a child. For example, a woman can claim loss of consortium for an injury to her husband, but she cannot do the same when her child is injured. A parent is not able to recover loss of consortium damages for an injured child. However, if the accident results in the wrongful death of the child, they are able to take legal action.

While there is no amount of money that can take away the grief of losing a child, the financial award from the claim can help to ease the financial hardship that results from the loss.

Gonzalez can help

If you experienced the loss of companionship due to another’s negligence, you may be eligible to pursue compensation for loss of consortium. The personal injury attorneys at the J. Gonzalez Law Firm are ready to help you explore your options.

Schedule a consultation with the J. Gonzalez legal team today to learn more about the options that might be available in your particular case. Call 1-800-CAR-CRASH to get started right away.

Source: https://www.krgv.com/news/mother-of-child-killed-in-pharr-while-riding-his-bike-speaks-out 

BROWNSVILLE — One person was injured when a police pursuit in Brownsville ended in a crash involving multiple vehicles.

According to the Cameron County Sheriff’s Office, the incident happened May 3, when Border Patrol agents began pursuing a 2018 Volkswagen occupied by a man and a woman. It was not clear what prompted the pursuit.

Cameron County deputies and other police agencies subsequently joined in car chase.

According to the Texas Department of Public Safety, the pursuit ended two blocks away from the Gateway International Bridge when the suspect vehicle crashed into a gray Frontier, struck another vehicle, and crashed into a parked car before coming to a stop.

Authorities say a woman in the Volkswagen was transported to a local hospital with minor injuries and Cameron County County Sheriff Eric Garza added that one person was taken into custody.

Complicated personal injury cases

Complex injury cases involve injuries that may multiple defendants, liability that is not immediately clear. Here are a couple of examples:

A driver is injured by flying debris that falls off a truck ahead of him. There may be a case against the truck driver, the owner of the truck, or the company that loaded the vehicle.

A motorist is hit by a vehicle that is fleeing from police. The fleeing driver might be assumed to be at fault, but he or she could end up in prison and unable to pay any judgment. Police are generally immune from liability, but not if they violated agency safety procedures for high-speed pursuits.

Your personal injury attorney must be prepared for all possible scenarios, but this isn’t something every attorney can do.

Why you need J. Gonzalez on your side

Hiring the wrong personal injury attorney can have serious, permanent consequences. An attorney without enough experience won’t know how to properly plan your case and may make bad early decisions that impact the outcome.

Your personal injury attorney must be someone who can handle the most-complicated cases. The personal injury attorneys at the J. Gonzalez Law Firm have decades of experience handling every type of accident case. They have helped their clients through the most-stressful times of their lives, and they are ready to do the same for you.

You can call the J. Gonzalez Law Firm 24 hours a day, seven days a week at 1-800-CAR-CRASH for a free consultation and you don’t have to pay anything until they win your case!

Source: https://www.valleycentral.com/news/local-news/brownsville-car-chase-ends-in-multi-vehicle-crash-dps-says/

More often than not, Texas judges will require the parties in a personal injury lawsuit to attend mediation before proceeding to a full-blown trial. The parties are not required to reach a mediated settlement, but more than 90% of personal injury disputes are resolved in mediation.

How does mediation work?

Unlike a trial, mediation is an informal meeting involving the plaintiff, the defendant, their respective attorneys, and a neutral mediator. The mediator (usually an attorney or judge) presides over the meeting.

The process begins with each party presenting its version of the case to the mediator, after which the two sides retire to separate rooms.

The mediator will then meet separately with the plaintiff and their attorney to find out what they want in order to settle the case. The mediator takes that information to the defendant and their attorney who will either accept the plaintiff’s terms, or make a counter offer.

The mediator will go back and forth between both rooms in an effort to reach a settlement that both parties will accept. If an agreement is reached, the defendant agrees to compensate the plaintiff according to the terms of the settlement, and the plaintiff agrees to drop the lawsuit and any further claims against the defendant.

Is it mandatory to reach a settlement?

As stated above, neither party is legally required to settle in mediation. If no agreement is reached, the parties return to court, and the judge will set a trial date. Since the mediation process is confidential, none of the discussions are disclosed during the trial.

Who pays for the mediation?

The mediator’s fees are usually divided equally between mediating parties, unless parties agree in writing to a different arrangement. Any unused funds will be applied to any outstanding case fees.

Am I required to have an attorney at mediation?

Plaintiffs are not required to have their attorney present during mediation, but just as it is not a good idea to represent yourself in court, it is not a good idea to represent yourself in mediation either.

That’s why it’s essential to hire a knowledgeable and experienced personal injury attorney like J. Gonzalez to represent your interests. The J. Gonzalez Law Firm has helped thousands of injured victims recover compensation for their injuries, medical bills, lost wages, and other losses both in mediation and in court.

To speak with one of our personal injury lawyers about mediation or any other aspect of your case, you can contact us via this website, or by calling 1-800-CAR-CRASH.

If you’ve been injured due to someone else’s negligence, you have the right to sue the responsible party for damages. In Texas, some types of damages are limited, or capped, but others are not. Here is a basic overview of current Texas law on damage caps.

Economic damages

There are no damage caps on economic damages in Texas. Economic damages include:

• Medical costs
• Lost wages
• Lost earning capacity
• Property damage

Documentation is key to being compensated for these types of damages. Be sure to keep all bills and records related to your losses as proof in your claim or lawsuit. Lost earning capacity is determined by factors such as employment history, skills, age, and education.

Non-economic damages

Non-economic damages are harder to calculate. These intangible damages cover losses such as:

• Pain and suffering
• Anxiety and stress
• Emotional pain
• Loss of companionship or consortium

Loss of companionship damages focus on emotional and psychological losses. Loss of consortium focuses on the loss of the physical aspect of the relationship.

In Texas, there are no damage caps for non-economic damages, except in medical malpractice cases. In a medical malpractice lawsuit, non-economic damages are capped as follows:

· Damages against doctors and other healthcare workers cannot exceed $250,000

· Damages against healthcare facilities cannot exceed $250,000

· Total non-economic damages in a Texas medical malpractice lawsuit are capped at $750,000.

Punitive damages

Punitive damages can be awarded when the defendant’s actions involve gross negligence, malice, or fraud. In Texas, punitive damages are capped at either $200,000 or double the total amount of economic damages plus the amount of non-economic damages up to $750,000 (whichever is greater). Punitive damage caps do not apply if the negligent act of the defendant results in a felony conviction.

Claims against public entities

Government agencies and other public entities in Texas are generally protected from personal injury liability. In the few cases where a government entity has been held accountable, damages were capped at $250,000 for one person and $500,000 for an individual event.

Contact J. Gonzalez

The complexity of Texas personal injury damage caps are just one more reason you need the knowledge and expertise of the J. Gonzalez Law Firm on your side. Our team will explore all your options and clear up any confusion you might have about what types of damages you are entitled to, and whether or not there will be any damage caps involved.

Contact us right now via this website, or call us at 1-800-CAR-CRASH to set up your free, no-obligation consultation. J. Gonzalez is ready to fight for you!

CAMERON COUNTY – An April 18 crash has left four people injured and one driver facing numerous citations. The crash happened at about 7:30 a.m. on State Highway 4, which connects Brownsville to the SpaceX rocket testing facility at Boca Chica Beach known as Starbase.

According to the Texas Department of Public Safety (DPS), the driver of a Jeep traveling east on Highway 4 attempted to pass a Silverado pickup truck in a no-passing zone. The Jeep sideswiped a tractor trailer rig heading west, according to the report, which then caused the 18-wheeler to swerve into the oncoming lane and strike the Silverado pickup.

DPS spokesperson Sgt. Maria Hernandez stated that three people in the Silverado, and the driver of the Jeep were hospitalized with minor injuries. No fatalities were reported. Hernandez added that the driver of the Jeep would be issued three citations: passing in a no-passing zone, not having liability insurance, and having expired automobile registration.

DPS did not release the names of any of the people involved in the crash.

Liability in chain-reaction accidents

Each chain-reaction car accident is unique, but most of them have one thing in common – questions about who is at fault for the initial collision and any subsequent collisions. Unfortunately, this same confusion can also impact a person’s ability to successfully file a personal injury claim against that driver.

Who is at fault?

Proving fault in a motor vehicle accident is far more complicated than pointing a finger at a particular driver. To determine fault in a personal injury case of any kind, one needs to prove that a person’s actions or negligence were at least partially to blame for the accident occurring.

The basic rule of thumb is that the driver who caused the initial collision that led to all subsequent crashes is generally the at-fault party. However, “rule of thumb” is just a social turn of phrase, not a legal term. Determining liability is going to hang on the facts behind each particular accident.

Will you need an attorney?

You will absolutely need legal representation. Insurance claims and legal proceedings are highly complicated. Insurance companies and court defendants are going to have attorneys on their side, so it only makes sense that you should have the best attorneys you can find on your side.

Call J. Gonzalez

If you or a loved one are injured in a multi-car collision, the team of personal injury attorneys at the J. Gonzalez Law Firm is here to help. We have experience handling complex cases where determining a guilty party may be more complicated than usual. Our attorneys are dedicated to helping our clients to ensure the best possible outcome.

Call us today at 1-800-CAR-CRASH to get started on building the strongest case possible in your favor.

Source: https://www.krgv.com/news/dps-driver-facing-citations-following-three-vehicle-crash-near-spacex-boca-chica-facility 

A 23-year-old Mission man was arrested April 16 in connection with a fatal road rage confrontation that occurred earlier this month. Briaham Alexis Pena is charged with murder for the road rage shooting death of Jose Cruz Jr.

The deadly encounter happened about 8:57 p.m., April 8, in the 2500 block of W. Expressway 83. When officers arrived on the scene, they reported finding the Cruz inside his truck with eight gunshot wounds, including one in the head. Further investigation revealed the victim’s truck had eight bullet holes on the passenger’s side door and two bullet holes on the driver side window.

Cruz was transported to McAllen Medical Center where he succumbed to his wounds.

A subsequent investigation identified Peña as the suspect in the fatal shooting, but he had fled to Mexico in the aftermath of the confrontation. According to police Peña surrendered himself at the international bridge in Rio Grande City on Sunday, April 14. During interviews with investigators, Peña suggested Cruz initiated the incident.

Peña has since been arraigned on a murder charge and remains behind bars in the Hidalgo County Adult Detention Center under a $2 million bond.

J. Gonzalez Law Firm safety tips

The J. Gonzalez Law Firm wants you to be safe should you ever have the misfortune of encountering an angry driver on the road. We recommend you take the following actions to avoid or minimize the conflict.

Let it go

Road rage encounters often involve one person who is in a hurry. We advise you to just get out of their way and allow the driver to pass and move on. Consider pulling over for a moment to calm down before you continue driving — residual anxiety can still affect your driving even if the incident is over.

Don’t make eye contact

Angry drivers may want to intimidate you, or could actively encourage conflict by staying next to your vehicle. Ignore them and focus on the road. Aggressive drivers will often move on when ignored.

Contact police

If an angry driver refuses to stop harassing you, contact the police to report any dangerous behavior, but only when it’s safe to do so. Be prepared to provide any identifying information, including a description of the offending vehicle, its license plate number, as well as your location and direction of travel.

Don’t go home or find a safe place to stop

Aggressive drivers will sometimes to continue to follow you, so you do not want to allow such a person to find out where you live. Instead, you should drive to a busy public site with witnesses or, better yet, a police station. Keep your windows up and the car doors locked.

What to do if a road rage driver injures you

The first thing you should do is seek medical attention for your injuries. Second, you’ll want to contact police to file a report. It’s understandable to be rattled, but as best you can, you should note the driver’s appearance, their car, and their license plate number so you can report them once the incident is over.

Finally, contact the J. Gonzalez Law Firm. If you are injured by a road rage driver, you are entitled to compensation for your physical and emotional injuries. Oure team of expert personal injury attorneys have recovered millions of dollars in damages for people who have been injured by the neglect or hostility of others. Call us today for a free consultation about the specifics of your case. Call 1-800-CAR-CRASH now!

Source: https://myrgv.com/local-news/2024/04/18/10-shots-fired-in-fatal-mission-road-rage-murder