Woman arrested for DWI following crash with child in car
by Benjamin Treviño | July 22nd, 2022 | Auto Accident, Blog, Recent News
BROWNSVILLE — Brownsville police arrested a woman on multiple charges, following a July 16 traffic accident. Yvette Michelle Hernandez, 42, is charged with one count of driving while intoxicated (3 or more), and child endangerment.
According to a news release from the Brownsville Police Department, an officer witnessed a white Volvo strike a white Jeep at a traffic light near the 1900 block of Central Blvd. The officer approached the Volvo, and saw Hernandez in the driver’s seat, and a 9-year-old child in the backseat, according to the report.
Hernandez was reportedly displaying “signs of intoxication,” the release stated.
Hernandez is said to have refused to submit breath or blood test at the scene. However, a blood search warrant was later granted as Cameroun County is a no-refusal county. Her blood-alcohol level was not released.
Hernandez was arraigned on July 17 and issued bonds totaling $25,000.
Can a child bring a personal injury lawsuit in Texas?
The short answer is yes. However, since minors cannot bring a lawsuit on their own, they must be appointed a guardian ad litem, or “next of friend” to do so on their behalf.
Who can be a guardian ad litem?
A person who brings a lawsuit on behalf of a minor child is usually related to that child, but it doesn’t have to be a parent. Grandparents, aunts, uncles, and even adult siblings may also effectively bring a lawsuit on behalf of the child. The public policy for having a relative bring the lawsuit is based upon the presumption that the relative will have the best interest of the minor child at heart.
Where does the money go?
If the lawsuit is successful, any legal compensation, or money award, through a judgment or settlement, becomes the property of the minor child. The money is placed in the care of the registry of the court, which can hold the funds in an interest-bearing account until the minor child turns 18. The adult child can then take receipt of the money.
Another option is to set up an annuity or a higher-interest bearing account through a private financial institution. This process is usually the more beneficial for the child as the money grows at a higher rate, especially with large amounts of money. The annuity and its payments can be set up so that the minor child gets some money when they turn 18, but not all of it. Ultimately, the court must approve the arrangement.
Call for a free consultation
Having an experienced attorney who understands the law is crucial to protecting the interests of children. The J Gonzalez Law Firm can help you decide what course of action is best if you want to look out for the welfare of a minor relative. Call us today for a free consultation at 1-800-CAR-CRASH.
