The Texas Department of Public Safety is searching for the driver of a car that was involved in a deadly rollover wreck Thursday evening that left one man dead.

A news release from DPS stated that a one-vehicle rollover crash occurred at around 7:30 p.m. on Mile 11 ½ east of FM 493 in Donna. A 2004 tan Grand Marquis carrying two male passengers and the driver, also a male, was traveling westbound on Mile 11 ½ when the driver lost control, causing the vehicle to rollover.

DPS reports that a male passenger, identified as Fernando Arellano, 37, a resident of Mexico, was pronounced dead at the scene. The second male passenger was transported to McAllen Medical Center and has since been released.

The driver of the Grand Marquis absconded from the scene of the crash, according to DPS.

Troopers are currently asking the public for any information about the whereabouts of the driver, who is reported to have suffered major head injuries. Information on the driver should be reported to the DPS office in Weslaco at (956) 565-7600.

https://www.themonitor.com/2019/09/10/2-vehicle-car-crash-claims-mission-womans-life/

A Mission woman was killed in a car accident Tuesday afternoon in Cameron County, according to a Texas Department of Public Safety news release.

DPS is investigating a two-vehicle crash that occurred at about 12:34 p.m. on FM 510 west of Casey Road, according to the release.

Casey Road is located in the San Benito area.

The release stated that a gold 2001 Lincoln Navigator with three people inside was traveling west on FM 510 when the driver failed to negotiate a curve and lost control of the vehicle.

The vehicle reportedly veered onto the eastbound lane and crashed head-on with a white 2008 Toyota Corolla, which had two people inside.

The occupants in both vehicles were transported to Valley Baptists Medical Center, where Hermelinda Villegas, 57, a passenger of the Toyota was later pronounced dead.

The others are in stable condition, according to DPS.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering or for the loss of your loved one. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyertoday for a free consultation at 956-501-6565. You will always speak to me directly.

https://www.themonitor.com/2019/08/27/rio-grande-city-man-arrested-fatal-accident/

McAllen police have arrested a 22-year-old Rio Grande City man on charges of intoxication manslaughter after an early morning accident on Sunday left two people dead, including a 2-year-old.

Police said in a press release that the accident happened at about 2:44 a.m. Sunday in the 800 block of North 10th Street, where it intersects with Hackberry Avenue, when a pickup truck driven by David Garcia Jr. hit an SUV.

McAllen residents Patricia Vargas, 2, and Alma Patricia Rodriguez, 52, died in the wreck, which also sent seven people, including the driver, to local hospitals with serious injuries.

Garcia is charged with two counts of intoxication manslaughter and seven counts of intoxication assault.

He was arraigned Sunday and remains jailed on a total of $420,000 in bonds.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering or for the loss of your loved one. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

A construction site supervisor told police that a 24-year-old man died at a McAllen construction site last week after employees of a subcontractor used a forklift in an unsafe manner, according to a police report, 

Mr. Cortez stated the side of the box then fell on (Soriano’s) head as he fell face down on the sidewalk,” responding officer J. Salinas wrote in a report,

Juan Lucio Garcia, the forklift’s operator, told the responding officer that he and several employees rushed to help lift the box off of Soriano, who he could not identify by name, but the man was unresponsive and began to bleed heavily.

“Mr. Cortez (said) he along with others lifted the box off of (Soriano), but there was nothing else they could do,” the police report states.

The officer described Cortez, who lived with Soriano, his friend, in Elsa, as “very distraught.”

Construction site superintendent Jason Fuentes, who works for the Brownstone Group, which is working with the McAllen Housing Authority on the development, told police he was not at the site of the accident when it happened, but rushed to the location when informed.

“Mr. Fuentes stated that using the forklift in that manner was not the property (sic) or safe way to operate it,” the officer wrote in the report. “ !Mcallentx1 Mr. Fuentes stated that same method of operation had been done previously and they had been informed not to do so.”

Fuentes told the officer the employees involved in the accident were employed by a subcontractor, Riverside Masonry, which the site superintendent said is owned by Jerry Garcia.

“I then called Mr. Garcia the first time and there was no answer,” the report states. “I called a second time minutes later and the phone had been turned off.”

Texas Comptroller records show Riverside Masonry is owned by Gerardo Garcia.

Sometime later, safety inspector Pablo Reyes Jr. arrived and told police he was not at the location at the time of the accident, according to the report.

“Mr. Reyes (said) he would visit the site about once a month,” the officer wrote in the report. “Mr. Reyes stated the operation of the telehandler was not correct since it did not have a proper man lift cage attachment, and did not meet (Occupational Safety and Hazard Administration) regulations. Mr. Reyes stated he would also be conducting an investigation into the matter as well.”

OSHA records indicate an investigation was initiated the day after the fatal accident and remains open.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering or for the loss of your loved one. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

Adonlis Ramos Soriano, 24, who is from Tabasco, Mexico, died after a wooden box he was in flipped over and off of a forklift, a police report states. He fell out of the wooden box, which landed on the back of his head, according to the report.

At the time, Soriano was cleaning texture off of a portion of wall between the first and second floors at the Las Palomas mixed-income development at 1900 Dove Ave.

The accident occurred at approximately 5:14 p.m. on Aug. 20.

Soriano’s friend, Juan Roberto Cortez Jimenez, who is also from Tabasco, Mexico, was also in the wooden box cleaning texture off the wall about 8 to 10 feet in the air when Soriano reached over the side of the box to hand a scraping tool to a man on the ground.

https://www.themonitor.com/2019/09/01/woman-gets-2-years-2018-drunk-driving-crash-left-weslaco-resident-dead/

A Hargill woman will spend just two years in the Texas Department of Criminal Justice for the March 2018 one-vehicle crash that killed a passenger in her car.

Marita Isabel Moralez, 45, had faced up to 20 years for driving while intoxicated on March 3, 2018, when she drove at an unsafe speed, lost control of her vehicle, causing it to veer off the roadway.

The accident caused 37-year-old Weslaco resident Dee Rodriguez to be ejected from the vehicle.

The crash happened on Highway 88 in Elsa.

Moralez was under the influence of alcohol and a controlled substance at the time of the crash, according to the indictment.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering or for the loss of your loved one. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

https://valleycentral.com/news/local/dps-investigating-fatal-vehicle-crash-near-rio-hondo

RIO HONDO, TX (KGBT) — The Texas Department of Public Safety is investigating a fatal crash that left one woman dead near the city of Rio Hondo.

According to DPS, the crash happened at approximately 9:10 Thursday morning on FM 106 and west of Centerline Road in Cameron County.

According to DPS spokeswoman Maria Montalvo, a semi truck was driving west on FM 106 and the driver of a car driving east veered into the westbound lane hitting the truck.

The passenger of the vehicle, identified as 75-year-old Teresa Arenas Vasquez of San Benito, was pronounced dead at the scene. The driver was taken to the nearest hospital. The driver of the semi truck didn't have any injuries.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

https://www.themonitor.com/2019/08/27/edinburg-man-dies-crash-u-s-77/

An Edinburg resident died Monday in a car crash in Riviera.

The Texas Department of Public Safety said in a press release that the agency is investigating a two-vehicle accident which happened on U.S. Highway 77 at 1 p.m. in Kleberg County.

According to DPS, 57-year-old Fernando Martinez Ochoa, who was driving a 2007 Ford F150, veered from the southbound lane for unknown reasons into the northbound lanes, striking a 2020 Freightliner truck tractor semi-trailer.

“Driver of the Freightliner tried taking evasive action, but the Ford F150 struck the rear axles of the truck tractor,” DPS said in a press release.

A Kleberg County justice of the peace pronounced Ochoa dead at the scen

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

Understanding who has the right-of-way is important to keep drivers and pedestrians safe while being on the road. exist to keep drivers, passengers and pedestrians safe from harm. One common source of confusion concerns the right-of-way, which often becomes a point of contention after a collision.

Who had the right-of-way? Who violated the right-of-way? Who is responsible for the crash?  

The Mcallen Personal Injury Lawyer knows right-of-way accidents happen. And when they do, the consequences can be severe. Contacting a lawyer today is important to help ensure your family gets all it is entitled to.

If you have been hurt in an accident, we want to speak with you. Call 956-501-6565 to speak to a personal injury lawyer today.

WHAT IS RIGHT-OF-WAY?

Right-of-way is the legal right of a pedestrian or vehicle to proceed before others in a particular situation or place. Whoever has the right-of-way is the one who is legally allowed to proceed. All others vehicles or pedestrians must yield to that person.

Right of way allows for orderly movement of vehicles and pedestrians. When the right of way is not followed, it can cause congestion or accidents.

The following are general right to way principles

• Pedestrians– Pedestrians have the right of way over vehicles  at intersections, crosswalks, in parking lots, and near areas with heavy foot traffic.
• Emergency Vehicles –  When their lights and sirens are activated. emergency vehicles like ambulances, fire trucks, and police cars have the right-of-way. If you hear a siren, pull over to the side of the road and let the emergency vehicle pass.
• Trains – Trains have the right-of-way. This is simple commonsense. Trains are big machines and they cannot stop quickly. If you see a train or hear a train horn, stop. Do not cross the tracks.
• School Buses– When the lights are flashing on a school bus, STOP. The school bus has priority. Give the bus plenty of room to unload the children and wait for the lights to stop flashin. Passing is not permitted in this situation because students getting off the bus can cross the street in any direction.

HOW CAN THE MCALLEN PERSONAL INJURY LAWYER HELP ME?

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

Construction work is dangerous.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

As reported in The Monitor:

https://www.themonitor.com/2019/08/20/man-dies-mcallen-construction-site/

The McAllen Police Department confirmed a man died Tuesday afternoon in an accident at a construction site.

Lt. Joel A. Morales Jr. said the death happened at 5:14 p.m.in the 1900 block of Dove.

No other information on the accident or the victim is immediately available as police continue to investigate the accident.

Arnold Padilla, executive director of the McAllen Housing Authority, said the victim’s family are in his prayers.

“Our thoughts, prayers and condolences go out to the family,” Padilla said.

Padilla couldn’t say much in the way of details as the tragedy was still being investigated Tuesday night.

He said authorities will work to assure this never happens again.

The accident happened at a multi-family, mixed income development that encompasses 120 units.

Padilla said the area where the accident occurred has been secured by police, but said work will continue because there is a timeline and funding mechanism involved.

However, in the next few days that work will be slower.

Padilla said staff at the site witnessed the accident, which impacted those who work at the construction site.

Rear end collisions are very common. There are about 1.7 million rear-end collisions on U.S. roadways each year. The National Highway Traffic Safety Administration which found that 87 percent of rear-end collisions happened because the driver simply wasn’t paying attention to the road. The NTSB said that cell phones and other non-driving related systems in cars contributed to that distraction. According to the National Highway Transportation Safety Administration, rear-end crashes are the most frequently occurring type of collision, accounting for approximately 29 percent of all crashes and resulting in a substantial number of injuries and fatalities each year. Rear-end collisions in which the lead vehicle is stopped or moving very slowly prior to the crash account for the majority of these crashes. Read end collisions are one of the leading causes of whiplash injuries.

Put simply, whiplash from rear end car accidents means the ligaments and tendons in the neck are sprained during a whiplash injury because they have been overstretched. Even though the neck has not been broken, it may sometimes take several months for everything to heal. According to Mayo Clinic, “whiplash is a neck injury due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip. Whiplash most often occurs during a rear-end auto accident, but the injury can also result from a sports accident, physical abuse or other trauma.”

Common signs of whiplash include:

• Pain
• Muscle spasms
• Decreased range of motion
• Headache
• Stiff neck
• Fatigue
• Anxiety
• Memory disturbances

Treatment of whiplash can include the following:

• Rest. Rest may be helpful during the first 24 hours after injury, but too much bed rest may delay recovery.
• Heat or cold. Either heat or cold applied to the neck for 15 minutes up to six times a day can help you feel better.
• Over-the-counter pain medications. Over-the-counter pain relievers, such as acetaminophen (Tylenol, others) and ibuprofen (Advil, Motrin IB, others), often can control mild to moderate whiplash pain.
• Prescription medications. People with more-severe pain may benefit from treatment with certain antidepressant drugs that have been shown to relieve nerve pain.
• Muscle relaxants. Short-term use of these drugs may be recommended to loosen tight muscles and soothe pain. The medicine also can make you feel sleepy. It may be used to help restore normal sleep if pain prevents you from getting a good night's rest.
• Injections. An injection of lidocaine (Xylocaine) — a numbing medicine — into painful muscle areas may be used to decrease pain so that you can do physical therapy.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

Texas roads can be dangerous. The fact is that the state’s population is exploding. Texas is the second most populated state in our nation. And as the population increases, the number of vehicles on the roads increases. To be sure, police officers and Highway Patrol Troopers are doing everything they can to keep the roads safe. But sometimes, accidents happen. And 2018 was no exception. According to the Texas Department of Public Safety, based on reportable crashes in 2018:

• § 1 person was killed every 2 hours 25 minutes
• § 1 person was injured every 2 minutes 7 seconds
• § 1 reportable crash occurred every 58 seconds. 

The good news is though, Texas experienced a decrease in the number of motor vehicle traffic fatalities. The 2018 death toll of 3,639 was a decrease of 2.36% from the 3,727 deaths recorded in 2017.

But while the number of deaths in car accident decreased, the number of deaths for people on bicycles skyrocketed. Bicycle fatalities totaled 72 in 2018. This is a 26.32% increase from 2017. Clearly, we must do better to alert drivers about sharing the road with bicyclist.

In addition to the increase in bicycle deaths, distracted accidents increases across the state in Texas. In 2018, there were 398 people killed in crashes involving distracted driving. This is a 12% decrease from 2017.

In 2018, there were a total of 14,314 car accidents in Hidalgo County. 51 people died in car accidents in Hidalgo County. And a total of 2,089 had serious injuries as a result of these accidents.

Accidents happen. That is a fact of life. When they do, the law provides a way for you to recoup your damages for lost earnings, damage to vehicle, medical bills, as well as compensation for pain and suffering. If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

Pedestrian accidents are on the rise. As the population increases, more vehicles are on the road. Add to that, people are becoming more health conscious. Walking and outdoor activity is being promoted as major remedy to public health epidemics. This means more vehicles and cars are occupying the same space.

Accidents between pedestrians and cars are devastating. The car always wins. When pedestrians are struck by a vehicle, the results are be life threatening, and life altering. If the accident was the not the fault of the pedestrian, the injured party or their family is allowed to file a personal injury lawsuit against the person who caused the accident. This lawsuit is meant to allow the injured person to recover money needed for medical bills, missed work, rehabilitation, pain and suffering, and additional damages in the case of a fatality.

To be sure, walking and exercising outside is fantastic for you. Some of the benefits of walking include:

• ● Health: The Centers for Disease Control and Prevention notes that “walking is a great way to get the physical activity needed to obtain health benefits.”  Along with the important benefit of social engagement, walking can reduce the risk of obesity, heart disease, diabetes, and stroke.
• ● Transportation: The 2009 National Household Travel Survey found that 28 percent of trips are less than one mile in length, and 40 percent are less than two miles in length, representing 15- 30 minute walks. Moving from a vehicle to the sidewalk can help reduce congestion.
• ● Economic: AAA estimated in 2016 that the cost of operating a car for one year is approximately $8,558,4 while walking is free.
• ● Environmental: According to the U.S. Environmental Protection Agency, motor vehicles are responsible for more than one-half of nitrogen oxide and toxic air pollutant emissions, and one-half of smog-forming volatile organic compounds.  Walking, on the other hand, does not negatively impact the environment.
• ● Transit: Walking is intrinsically linked with public transit, which provides a vital alternative to travel by private automobile. Many transit users do not drive cars, including children, older adults, people with disabilities, and the economically disadvantaged. Safe access to transit, including appropriate design and placement of bus stops, is important.

But with this activity comes a risk. The number of pedestrian fatalities in the United States (U.S.) increased 25 percent from 2010 to 2015, while at the same time, total traffic deaths increased by about six (6) percent. Pedestrians now account for the largest proportion of traffic fatalities recorded in the past 25 years. The Governor’s Highway Safety Association estimates the number of pedestrians killed in 2016 increased by 11 percent compared with 2015. This was the largest annual increase in both the number and percentage of pedestrian fatalities in the 40 years that national records have been kept, with the second largest increase occurring in 2015. In addition, pedestrian deaths as a percent of total motor vehicle crash deaths have increased steadily, from 11 percent in 2006 to 15 percent in 2015.

Four states (California, Florida, Texas, and New York) accounted for 42 percent of all pedestrian death.

The Texas Transportation Code explains who has the right of way cross walks and various other areas when crossing roads or using sidewalks. Basically, pedestrians have the right of way at crosswalks with lights when the light says “Walk”, or when there is no light at the intersection. However, Sec. 552.008 is entitled  “DRIVERS TO EXERCISE DUE CARE” and states: “Notwithstanding another provision of this chapter, the operator of a vehicle shall:(1)  exercise due care to avoid colliding with a pedestrian on a roadway;(2)  give warning by sounding the horn when necessary;  and (3)  exercise proper precaution on observing a child or an obviously confused or incapacitated person on a roadway.” This imposes a general duty on drivers to exercise diligence in driving and avoid accidents with pedestrians.

However, despite the car driver’s duty to be careful,  pedestrians have their own set of obligations. Pedestrians must yield the right of way to vehicles any time they are attempting to cross anywhere other than a marked crosswalk or unmarked crosswalk located at an intersection

Hiring a personal injury lawyer is different in terms of how the lawyer gets paid. I have been told by many clients they believed they could not afford a personal injury attorney to represent them after being injured in an accident. They believed they would have to pay attorney fees upfront and incur more debt. Even as they worry about the cost of medical bills, the cost of repairing the car, and the loss of wages.

This is where a “contingency fee contract” comes in to play. A contingency fee means that payment to the lawyer is contingent on the outcome of your case. In other words, if you receive money, the lawyer receives a portion of that money. If you receive no money, the lawyer receives no money.  The personal injury lawyer will be paid based on  percentage of you damages as awarded by a settlement, a judge, or a jury.

EXAMPLE OF CONTINGENT FEES

Calculating the amount of the contingent fee begins with what percentage the contract says the lawyer gets. For instance, if you enter into a contingent fee contract where the lawyer receives 33% of any monies collected for you injuries, then you simple plug that number into the equation.  Let’s look at an example: assume you are injured in a car accident. Based on your injures, property damage, loss of wages, and pain and suffering, the insurance company settles your case for $100,000.00.  Because the contract says the attorney receives 33%, you deduct 33% from the $100,000.00. That means $33,000.00 for the plaintiff’s lawyer and $77,000.00 for the injured party.

However, if the case does not settle and goes to trial, the percentage may increase and there may be a provision in the contact that allows for the attorney to recoup his or her costs. For instance, it is very common for experts to be hired for a case. The plaintiff lawyer will be responsible for fronting all funds to those experts. If you are unsuccessful in your case, you owe the lawyer nothing for the experts. That is the cost of doing business and the lawyer eats those fees. If you are successful at trial however, the contact can allow the expert fees to be recouped in addition to the attorney’s fees. This is because the attorney is assuming the financial risk of paying the experts, filing fees, court costs, deposition costs, etc.

If You Don’t Receive Money, Neither Does the Lawyer

Typically, if the client receives no compensation from the case, the lawyer receives no compensation either. Any fees for experts, filing fees, court costs, deposition costs, etc. are simply absorbed by the plaintiff attorney.

The McAllen Personal Injury Lawyer works on contingent fees. You pay nothing unless I receive money for you. I front all costs associated with the case. Nothing comes out of your pocket. This way you do not incur the additional burden of attorneys fees and court costs while you are recovering from your injury.

If you or a loved one have been injured in an auto accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. You will always speak to me directly.

The law requires that accidents be reported under certain circumstances. Texas Transportation Code Sec. 550.026. IMMEDIATE REPORT OF ACCIDENT, states: “The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident…”

In addition to the requirement that certain car accidents be reported to police, your insurance company will require that all accidents be documented. However, every policy is different, so make sure to read the fine print. When in doubt, contact your insurance agent to get guidance.

My advice is when accidents happen, contact the police. Make a police report. The report will help to establish who is at fault, who rolled the stop sign, or failed to brake, or failed to control. The police report will also document the names of any passengers in the vehicle, along with the names of witnesses who may be crucial to your case. Finally, it will provide the names of the respective insurance companies for each of the vehicles involved. In other words, doing the police report will give you attorney a leg up in evaluating your case.

Also, after a car accident, it is common for your adrenaline to be pumping. Adrenaline is a nature pain killer. It is meant to see you through stressful moments and give you the energy for fight or flight. Once the adrenaline wears off, you will begin to be more in tune with your body. Bruises, bumps, aches, pains-having the police officer there is a safety net for yours and your family’s safety. The police can contact emergency services to begin getting you the medical help you need.

Following the accident, once you are back to good physical health, you need to begin the process of contacting a personal injury attorney. The statute of limitations begins tolling as soon as your accident occurs. You only have two years. While this may seem like a lot of time, when you are recovering from broken bones, surgery, hospital stays and the like, that time flies by. I know. I have personally been there following a catastrophic car accident.

Once your attorney is involved, evidence gathering will begin. The police report will be retrieved, your medical records requested, depositions of the various witnesses will be taken. The purpose of this is to preserve evidence from people where are at the scene of the accident and who treated you for your injuries. What was your demeanor like following the accident? Did you appear to be in pain? How bad was the damage to the vehicle? What was the most serious injury you sustained? All of these questions, and more, need to be answered.

Once the evidence is collected and the case is evaluated, demand letters can be sent. A demand letter lets the other side know how much you are willing to settle the case for. In other words, if they are willing to pay you a certain amount of money, you will be willing to drop your case. The initial demand is seldom agreed to. Generally, there is a back and forth between the plaintiff lawyer and the insurance lawyer or adjuster, where they try to convince each other of their respective case. If an agreeable number is reach, the case settles. If not, the case goes to trial.

If you or a family member have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. There is no cost for a consultation and you always speak directly with the attorney.

How Much Insurance Coverage Does Texas Law Require?

Automobile insurance protects you financially by paying the other driver’s car repair and medical bills if you cause an accident. Depending on the kind of coverage you have, it can also pay to repair or replace your car if it’s damaged or stolen.

Texas law requires you to have liability coverage. If you still owe money on your car, your lender will require you to have collision and comprehensive coverage. There are eight basic auto insurance coverages. You can choose whether to buy the others.

When you buy an auto policy, your company will send you a proof-of-insurance card. You must show this card when you:

• ·are asked for it by a policy officer;
• ·have an accident;
• ·register your car or renew your registration;
• ·get or renew your driver’s license;
• ·have your car inspected.

What’s Required Under Texas Law?

Liability coverage pays to repair the other driver’s car if you caused the accident. It also pays the other driver’s and his or her passenger’s medical bills and some other expenses. Texas law requires you to have at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage. This is called 30/60/25 coverage.

Liability coverage is designed to protect you should you be the one who causes the accident. However, the minimum is not always enough, especially if you are the victim of the car accident and the negligent party’s policy does not cover the entirety of your expenses.

What Else Is Available?

There are lots of additional coverages available from insurance companies for your vehicle. I would strongly suggest that you obtain insurance beyond the bare bones minimum required under Texas law. Some of the additional insurance includes:

1. Collision coverage pays to repair or replace your car after an accident.
2. Comprehensive (other than collision) coverage pays if your car is stolen or damaged by fire, flood, vandalism or something other than a collision.
3. Medical payments coverage pays your and your passengers’ medical bills. It also pays if you’re hurt while riding in someone else’s car or while walking or biking.
4. Personal injury protection (PIP) coverage is similar to medical payments coverage. It pays your and your passengers’ medical bills. But it also pays for things like lost wages and other nonmedical costs. All auto policies in Texas include PIP coverage. If you don’t want it, you must tell the company in writing.
5. Uninsured/underinsured motorist coverage pays if you’re hit by someone who didn’t have insurance or didn’t have enough to pay your medical and car repair bills. It also pays if you’re in a hit-and-run accident. Insurance companies must offer you this coverage. If you don’t want it, you must tell the company in writing.

 Understanding insurance and insurance coverage is important for your personal injury claim. Without insurance coverage, it can be very difficult to recover your damages. If you or a loved one have been in a accident, call 956-501-6565 to speak directly to John Ball #TheMcAllenPersonalInjuryLawyer.

Distracted Driving Lawyer in McAllen, Texas.

Just this morning, I was pulling through an intersection, making a left turn. I had the green light. To my left, a driver slowed down but began creeping further and further into the intersection. I honked. Nothing- still kept on going. I honked again, she still kept going. This time I laid on the horn and didn’t let off. By now I could see she was looking down. You guessed, she was on her phone. At the point she realized what she was doing, there was host of other drivers honking. She looked up, put her car in reverse, and backed out of the intersection. Cell phones are the prime culprit in distracted driving accidents. We see it all the time with people on the roads unable to maintain their lane or rolling through intersections.

Distracted Driving Statistics

 What is distracted driving? Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system—anything that takes your attention away from the task of safe driving.

But texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that's like driving the length of an entire football field with your eyes closed.

According to the Center for Disease Control and Prevention, each day in the United States, approximately 9 people are killed and more than 1,000 injured in crashes that are reported to involve a distracted driver

According to the National Highway Traffic Safety Administration (NHTSA), 3,477 people were killed, and 391,000 were injured in the motor vehicle crashes involving distracted drivers in the United States in 2015.

Distracted driving is dangerous, claiming 3,166 lives in 2017 alone according to the NHTSA.

In 2016, The Texas Department of Transportation reported 455 deaths in 109,629 distracted driving crashes that occurred in the State of Texas alone.

Distracted driving is costly, both in property damage and in injuries it causes. If you or a loved one has been in a car accident as a result of a distracted driver, contact #TheMcAllenPersonalInjuryLawyer today for a free consultation. I know how to obtain the cell phone records of the other driver and prove they were negligent in causing your injuries. I will fight to get you every penny you deserve. Call 956-501-6565 to speak directly to John Ball #TheMcAllenPersonalInjuryLawyer.

Suffered a brain injury? Hire #TheMcAllenPersonalInjuryLawyer

In December of 1999, I was involved in a serious car accident. In that accident, I sustained major injuries. One of those injuries was a very serious concussion. Fortunately, I did not suffer permanent damage to my brain. But nonetheless, I vividly remember dealing with emotional issues and memory issues for several months after the accident.

When you sustain a head injury, a host of symptoms can come into play. When you suffer a brain injury, those symptoms are more pronounced and more severe.

 Some of the more common major signs of a brain injury following a car wreck:

• Trouble recalling information
• Headaches
• Changes in your personality
• Problem paying attention and concentrating
• Trouble planning tasks and activities on a daily basis
• Having trouble staying asleep
• Feeling tired
• Experiencing double vision
• Feeling unbalanced or dizzy
• Trouble speaking

There is an emotional toll that brain injuries can take. For instances, for instance, you may notice yourself becoming angry more quickly than before. Depression following a head injury is a well-known post-accident symptom of a head injury. Unfortunately, these emotions are normal following a brain injury.

Brain injuries require medical treatment. Doctors commonly use MRIs and CT scans to see if there is permanent damage or bleeding in the brain. Mild to moderate brain injuries are treated conservatively with medication and rest. Diuretics, anti-inflammation medicines, anti-seizure drugs and pain medication are used to alleviate symptoms. If there is bleeding in the brain or a skull fracture, surgery may be a life- saving option that doctors use for treatment.

Once medically cleared, rehab may be needed.

Rehabilitation specialists may include:

• Physiatrist,a doctor trained in physical medicine and rehabilitation, who oversees the entire rehabilitation process, manages medical rehabilitation problems and prescribes medication as needed
• Occupational therapist,who helps the person learn, relearn or improve skills to perform everyday activities
• Physical therapist,who helps with mobility and relearning movement patterns, balance and walking
• Speech and language pathologist,who helps the person improve communication skills and use assistive communication devices if necessary
• Neuropsychologist,who assesses cognitive impairment and performance, helps the person manage behaviors or learn coping strategies, and provides psychotherapy as needed for emotional and psychological well-being
• Social worker or case manager,who facilitates access to service agencies, assists with care decisions and planning, and facilitates communication among various professionals, care providers and family members
• Rehabilitation nurse,who provides ongoing rehabilitation care and services and who helps with discharge planning from the hospital or rehabilitation facility
• Traumatic brain injury nurse specialist,who helps coordinate care and educates the family about the injury and recovery process
• Recreational therapist,who assists with time management and leisure activities
• Vocational counselor,who assesses the ability to return to work and appropriate vocational opportunities and who provides resources for addressing common challenges in the workplace. See https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/diagnosis-treatment/drc-20378561.

I am a lawyer with extensive experience in personal injury in McAllen. For years, I represented insurance companies and their insured in lawsuits. I now use my skills and knowledge to help you. The insurance company is not your friend. They are there to pay you as little as possible, as quickly as possible. Do not settle for less than you are entitled to receive. Call me today; you always speak to #TheMcAllenPersonalInjuryLawyer directly : 956-501-6565

"Drunk drivers take a grisly toll on the Nation’s roads, claiming thousands of lives, injuring many more victims, and inflicting billions of dollars in property damage every year...The problem of drunk driving arose almost as soon as motor vehicles came into use." https://www.supremecourt.gov/opinions/15pdf/14-1468_8n59.pdf. In a recent opinion the United States Supreme Court has recognized the dangers that drunk drivers pose to people and property.

In a recent blog post, I discussed drunk driving lawsuits. Closely related to drunk driving lawsuits are Dram Shop lawsuits.

Dram shop laws impose civil liability on the owner of an establishment that sells alcoholic beverages to an intoxicated person who causes injury to another as a result of the intoxication. The reason it is called a “Dram Shop” is because a Dram is an old method of measurement which was common in old England. A dram was basically a shot of alcohol.

After a serious of cases relating to car accidents from intoxicated drivers, the Texas Legislature passed the dram shop act we operate under today.

The Texas Dram Shop Act can be found in Section 2.02 of the Texas Alcoholic Beverage Code. The purpose of the Dram Shop Act is to protect “the welfare, health, peace, temperance, and safety of people of the State.” Courts have interpreted this to mean the legislature intended to discourage providers of alcoholic beverages from serving obviously intoxicated individuals. This is because intoxicated individuals  are much more likely inflict serious injury among themselves or others.

The Dram Shop Act provides that a bar or other licensed liquor selling establishment may be liable for providing, selling, or serving alcohol if it is shown that: (1) at the time the provision occurred it was apparent to the providers that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and (2) the intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered. To be successful, the plaintiff must prove it was apparent to the defendant that the patron being served alcohol was obviously intoxicated, presenting a clear danger to himself and others. The Texas Dram Shop Act does not require proof that the defendant or its employees actually witnessed the intoxicated behavior. Rather, it requires evidence establishing only that the recipient showed obvious signs of intoxication

But, there is a catch. Bars and other licensed alcohol dealers can insulate themselves from liability. The Dram Shop Act provides a “safe harbor” provision. The “Safe Harbor” provision is an affirmative defense to Dram Shop suit. The Safe Harbor provision says the actions of an employee in over-serving a patron will not bring liability on to the employer (bar) if the employer required its employees to attend certain training classes, the employee in question actually attended these classes, and the provider did not directly or indirectly encourage the employee to violate the law. The direct or indirect encouragement prong reflects the Legislature’s concern that an employer might exploit this protection from liability by encouraging its employees to violate the law, increasing its profits while defeating the statute’s purpose.  In reference to the encouragement of employees to over serve, Courts acknowledge that “there may be encouragement in some form in a reasonable percentage of cases” and that “the variety of acts and omissions that could constitute encouragement is potentially limitless.” Court have rejected the argument that “encourage” means some form of knowledge. Courts have held that it is possible for providers to negligently encourage their employees to violate the law. This means a plaintiff can show encouragement by direct evidence that the provider knowingly ordered or rewarded serving intoxicated patrons, but also by circumstantial evidence that the provider engaged in behavior that a reasonable provider should have known would constitute encouragement.

Not only is the Safe Harbor provision a hurdle to suing, but the meaning of provider for Dram Shop purposes does not include a social host. A social host who serves alcoholic beverages to adult guests is not a provider under the Dram Shop Act so long as the beverages are served without charge. A social host is someone who has a party at their home where alcohol is sold, think birthday parties, BBQs, Super Bowl parties. Texas courts have consistently rejected the idea that social hosts owe a duty to refuse to provide alcoholic beverages to obviously intoxicated persons. The courts have reasoned that to impose such a duty would pose substantial foreseeability issues, noting that “it is far from clear that a social host can reasonably recognize a guest’s level of intoxication.”

Dram Shop cases are complicated. They require an experienced personal injury attorney who understands how to navigate the legal landscape. #TheMcAllenPersonalInjuryLawyer understands dram shop law and has experience handling these types of case. If you or a loved one have been injured by a drunk driver, call me today to see if a Dram Shop claim is available for you.

Injuries caused by negligence can result in major damages for a victim. McAllen personal injury attorney John Ball believes in fighting for those who have been injured in accidents. If you or someone you love one has suffered an injury, I can help you find the compensation you are entitled to assist in your loved one’s recover or your recovery. I am here to help.

I know that medical bills from injuries and the pain of a loved one’s death takes a strong emotional toll on your family. I have personally been through this. With the help of a monetary award or insurance claim settlement, you will have the financial backing you need to put the pieces back together. Whether you sustained the suffering of physical pain, or lost wages from not going to work, or even worse, have endured the loss of a loved one, I can help can help you deal with the effects. I handle the following types of cases:

• Car accident
• Motorcycle accident
• Trucking accident
• Boating accident
• Construction accident
• Oil rig or industrial accident
• Head trauma
• Auto/Pedestrian accident
• Bus accident
• Spinal injury
• Wrongful death
• Slip and fall

The insurance company is not your friend. Read that again. The insurance company is not your friend. When I first began practicing law, I worked for insurance companies. I defended insurance companies and their clients from lawsuits. My job was to protect the insurance company and help them pay out as little money as possible. Insurance companies have entire teams lawyers devoted to one thing and one thing only, making sure you get as little money as possible for the injuries you sustained.

Keep in mind, like any other business, insurance companies are there to make a profit. As a result, they have numerous tactics they used to minimize, delay, and often times outright deny legitimate claims. While there is nothing wrong with wanting to be profitable, when unscrupulous claims adjusters delay, minimize, and deny legitimate claims for serious injuries and property damage, it creates a situation where your best bet is simply not to deal with the insurance companies. That is where I come in.

Under Texas law all vehicles are required to have at least liability insurance the current policies are commonly referred to as “30/60” policies. This means that there is $30,000 available for one person who is injured in an accident, for a total of $60,000 available for two or more people who are injured in accidents. While individual drivers can have, and should have higher insurance coverage, 30/60 policies are very common.

Frequently, soon after a car accident, the insurance company will call you. They call you in order to take a recorded statement from you. Their goal is to lock you into a story. Keep in mind that auto accidents happen very quickly. Accidents can often times happened so fast, the only way to know what really happened is through accident reconstruction. You are not an accident reconstructionist. Don’t guess. Don’t speculate. The insurance company is not going to guess. They’re not going to speculate. They’re going to take your recorded statement and use every word of it against you.

The goal of this recorded statement is to create an opportunity for the insurance company to blame you partially or completely for your accident. It is also an opportunity for the insurance company to fish around for other explanations regarding your injuries. They are looking for prior accidents, prior health problems, or prior car accidents that caused injuries. Their goal is to say that your current injuries are not as bad as you say they are. And even your current injuries are bad, the other driver insured by the insurance company is not to blame because you complained to your doctor about having a backache 12 years ago.

After locking you into your story and finding ways to blame you for the accident and minimize your injuries, the insurance company will offer you the lowest settlement possible think carefully before excepting that settlement. The insurance companies have offices full of lawyers fighting for them. That settlement and the releases you sign are designed to protect the insurance company And the insurance company only. Don’t leave money on the table.

If you have been injured in an auto accident, all McAllen personal injury attorney Johnathan Ball immediately. 956–501–6565.

 Wrongful death cases, as the name says, involve the loss of a life. Wrongful death lawsuits are predicated on the negligence of another party. These types of cases are intensely litigated. The intensity stems from the emotional nature of losing a loved one, coupled with the large amounts of money being sought to justly compensate for your loved one’s passing. 

Receiving the money you deserve after your loved one dies requires the following be proven, 1) that you have a statutory rights as a beneficiary of the deceased (spouse, children, and parents are generally the most common) and 2) that the defendant’s negligence, omission or unskillfulness caused your loved one’s death.

 Texas law has an interesting distinction you need to understand. This is the difference between a “survival” claim and a “wrongful death” claim. The Texas Survival Statute allows the deceased person’s heir or estate representative to file a personal injury lawsuit in the same way that the deceased party would have been able to had they survived. Those filing the Survival Statue are “standing in the shoes” of the deceased in a survival claim. Damages for a survival claim include pain and suffering endured prior to death. A wrongful death claim is brought by the deceased’s spouse, children and/or parents. The wrongful death claims is brought to compensate the family members for damages arising from the loss of their family member. Wrongful death damage claims are meant to cover the financial losses of the deceased’s earning capacity, the value of support he or she provided, loss of companionship, and mental anguish caused by the death of the loved one. Under appropriate fact, punitive damages may be appropriate. If gross negligence played a factor in the death, the plaintiffs may punitive damages. Under Texas law, we call punitive damages “exemplary damages.” "Exemplary damages" means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor noneconomic damages. 'Exemplary damages' includes punitive damages.

Experts usually needed in death cases. The experts are help to prove the amount of damages such as assessing earning potential of the deceased, and the amount of income lost due to a tragic death. Medical experts help to explain to a jury about the kind of pain and suffering the deceased endured prior to death. Hiring an experienced attorney who knows what experts are needed can make a major difference in the outcome of your case. Contact #TheMcAllenPersonalInjuryLawyer today. Hiring an attorney immediately is vital to preserve evidence and begin putting the insurance company on notice.

Contacting #TheMcAllenPersonalInjuryLawyer today will give you the best chance to recover all the money you and your family are entitled to. Call 956-501-6565 to speak directly with #TheMcAllenPersonalInjuryLawyer

"Drunk drivers take a grisly toll on the Nation’s roads, claiming thousands of lives, injuring many more victims, and inflicting billions of dollars in property damage every year...The problem of drunk driving arose almost as soon as motor vehicles came into use." https://www.supremecourt.gov/opinions/15pdf/14-1468_8n59.pdf. In a recent opinion the United States Supreme Court has recognized the dangers that drunk drivers pose to people and property.

Drunk drivers, buzzed drivers, impaired drivers, whatever you call them,  put everyone on the roadway in extreme danger.  Drunk driving accidents can cause devastating.  It is made all the more maddening to seeing innocent people suffer when the accident was completely preventable. Today, with Lyft, Uber, taxis and our collective experience as a society with drunk drivers, there is no excuse for drunk driving accidents.  The drunk driving laws are there to punish those that drink and drive. But the criminal laws are not the best means to getting proper compensation for a drunk driving accident victim.  The McAllen Personal Injury Attorney focuses on getting compensation for the victims of drunk driving accidents. #TheMcAllenPersonalInjuryLawyer will ensure that you get the most compensation you are entitled to reseived.

Seek legal representation immediately if you have been in a collision with drunk driver.  In addition to criminal punishment, drunk driver can be grossly negligent, this means you can sue for punitive damages, increasing the amount of money you recieved. Additionally, if the drunk driver became intoxicated a bar that sell alcohol, it is possible to sue the bar as well, if the bar knew the driver was drunk and continued to serve him or her alcohol anyways.

After you accident,  I will immediately go to work investigating the accident including the drunk driver’s background, where the defendant became intoxicated, and gathering facts from all witnesses involved.  I wil contact any witnesses and prepare to retain experts in blood alcohol levels and doctors who can testify about your injuries.

We take for granted that the products we buy at the store are safe. Appliances, cars, toys, tools, we have a certain sense of trust that the manufacturers will be thorough in their designs. Manufacturers do make mistakes though in the design and production of consumer products. These manufacturer errors lead to defects in design and production, which can lead to devastating personal injuries and death.

Design flaws can happen for lots of reasons.  Companies may be in a rush to roll out a product to maximize profits. In this situation, safety is not the companies top priority
 

When you are injured because of a product defect, remember, you have legal options. I can help guide you through this process. 

First, Texas  law recognizes three types of product defects. If it can be show that a product was defective in one of these three ways, and the defect led to your injuries, you may be entitled to compensation.

To do this, it is required that a high burden be met to prove these defect existed and led to your injuries

Product liability in Texas is a strict liability offense. Strict liability does not require a showing of negligence .
 

If there is a defect in the product and the product led to harm, the defendant is liable.
 

This is based upon Texas Civil Practice and Remedies Code Chapter 82.

A product with a defective design endangers the user even if the product is produced perfectly. It is not a function of the product production. Rather, the dangerousness is based on the design. 
 

The Texas Civil Practice and Remedies Code states that to prevail in a product design defect case, it must be proven that:

• A less dangerous design could have      been used
• Using that design would have been      reasonable from a financial and technological standpoint
• The alternative design would have      kept most of the product’s use and utility, while reducing risk of injury

The plaintiff needs to also prove that the injuries occurred from the design defect and not for other reasons.
 

Some design defect cases could include the following:

• Toy that can be easily swallowed by a      small child
• Type of car that accelerates suddenly      on its own
• A gun safety that still allows the      gun to be fired

A manufacturing defect is one that occurs during production. It can be seen as a quality control error.
 

Some common manufacturing defect cases include:

• Tread      separation on tires
• Safety lock on a car does not engage
• Faulty handle on a car seat breaks

Texas law considers a product defective if the manufacturer does not adequately warn  and/or instruct the consumer about its use. For instance, if the product has a danger that is either unexpected or unforeseeable when used, the manufacturer must provide a warning label or warning statement.

Some possible examples of a failure to warn case are:

• A birth control drug that causes serious medical problems
• A child’s chair that clamps on a table that falls if not properly installed
• A log splitting device that causes serious injury if one’s hand is in the wrong place

The statute of limitations to file a claim is 15 years from the date of purchase.

Maybe the most common product liability case in Texas is for defective vehicle design.
 

Typical defective vehicle claims include:

• Failure of seat belts
• Defective tires
• SUV rollover crashes
• Airbag defects
• Roof failure
• Gas tank rupture and explosion
• Defective child car seats
• Failure of seat back
• Defective door latches

It should be noted that every vehicle has many manufacturers and designers for each part. If you are injured by a defective part in a vehicle, many parties could potentially be held liable:

• Car manufacturer
• Manufacturer of parts
• Company that installs or assembles      the product
• The wholesale company
• Retail store that sold the product

I am a lawyer with extensive experience in personal injury in McAllen. For years, I represented insurance companies and their insured in lawsuits. I now use my skills and knowledge to help you. The insurance company is not your friend. They are there to pay you as little as possible, as quickly as possible. Do not settle for less than you are entitled to receive. Call me today; you always speak to #TheMcAllenPersonalInjuryLawyer directly : 956-501-6565.