Posted on October 27, 2012 in Uncategorized

According to KSAT.com, a drunk driver is responsible for an early morning crash that took the life of an 11-year-old boy and injured his mother and three siblings. 27-year-old John Albert Hernandez has been charged with intoxication manslaughter for rear-ending a truck in which the Barrientos family was riding with his Ford Taurus on Southwest Military Drive shortly after 8:00 a.m. on Columbus Day. Killed in the accident was 11-year-old Bryan Barrientos, and injured were Bryan’s 37-year-old mother, as well as his siblings, ages nine, seven, and two. Ironically enough, the Barrientos family was also involved in a drunk driving accident on Christmas Day, 2011. This accident, however, obviously had much more tragic consequences for the family. In addition to the criminal charges that Hernandez now faces, he also could face civil liability both for Bryan’s death and the injuries to the other members of the Barrientos family. A person who negligently causes the death of another person, whether it be through a car accident or otherwise, may be held liable through a wrongful death lawsuit brought by the surviving family members of the deceased. Damages from a wrongful death claim can include funeral and burial expenses, medical expenses, and loss of companionship for immediate family members. Likewise, Hernandez also may be liable for the costs of any injuries sustained by Bryan’s mother and siblings through a personal injury claim. Potential damages in a personal injury lawsuit may include expenses such as medical bills, lost wages for working adults, and pain and suffering. For the Barrientos family and others in similar situations, it is important to note that there are strict time frames in which to bring personal injury and wrongful death lawsuits under Texas law. As a result, you should immediately consult with a qualified New Braunfels, Texas personal injury lawyer for advice about any potential claims that you may have.

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 Posted on October 24, 2012 in Uncategorized

KSAT.com recently reported on a tragic accident that occurred near the HEB at Walzem and Montgomery and resulted in the death of a local homeless man. Witnesses told police that the driver of a silver Ford pick-up truck was pulling out of the HEB and South onto Walzem toward Eisehauer when the truck struck a man crossing the street. The man, who was described as a homeless man in his 60s, died at the scene of the accident.

One witness indicated that the driver of the truck briefly stopped and exited the vehicle, but then reentered the truck and drove away without helping the fatally injured man. Witnesses also were able to give a partial license plate number for the silver pick-up truck, and police are continuing to search for the hit-and-run driver.

In addition to facing potential criminal charges for leaving the scene of an accident and perhaps more serious charges related to the man’s death, the hit-and-run driver, if identified, may be civilly liable for certain expenses related to the man’s death. Although this particular report describes the victim of this fatal accident as homeless, this is not to say that the man actually was homeless, or that he had no surviving family. Any immediate family who survives the deceased man may be able to bring a wrongful death lawsuit against the driver who caused the man’s death. Proceeds from a wrongful death lawsuit can cover expenses such as final medical costs, pain and suffering incurred prior to the man’s death, funeral and burial expenses, and loss of companionship and/or support. Although the possibility of holding this hit-and-run driver responsible in this case may seem remote at this point, police do have some leads in this case that may result in the discovery of the driver responsible.

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 Posted on October 21, 2012 in Uncategorized

55-year-old Devan Coulter Smith was killed in a crash on September 27. San Antonio News-Express reported the story in full. Austin Stull, 17, was driving his pickup home from school on West Avenue, north of West Silver Sands Drive. His driving was reckless and indifferent, and according to witnesses Stull was traveling “at nearly 60 mph and weaving in and out of traffic” and “might have run a red light.” In the crash, the victim’s helmet came off, his bike went to pieces and he was flung into the street. Following the crash, the pickup hit a construction sign, drifted along a fence and finally ran into a light pole, snapping it in half. The victim was pronounced dead at the scene.

San Antonio police detained Stull after the incident. He was released after giving a statement, but he may still face a manslaughter charge. San Antonio has a “safe passing” ordinance that obligates vehicles to stay 3 feet away from cyclists and pedestrians, which the reckless driver completely ignored. One witness describes how Stull behaved after the crash: “He started yelling at the cyclist, saying, ‘Why the (expletive) did you swerve into my lane?’” The victim was an experienced bicyclist who regularly drove in the area and knew the rules.

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 Posted on October 18, 2012 in Uncategorized

A 20-year-old man from Cleburne died after he lost control of the motorcycle he was riding on I-35, swerved directly into two vehicles stopped on the side of the road, and was thrown from his bike, according to KGNB News Radio. The New Braunfels Police said that the man was traveling northbound when he lost control of his 2006 Harley Davidson, and veered into two vehicles stopped on the emergency shoulder.

According to KGNB, “police say the motorcycle and rider first struck the Taurus, continued to skid into the minivan, with the 20-year-old rider finally coming to rest in the middle of the highway, while his bike remained on the shoulder.” The rider, who has yet to be identified, was rushed to Christus New Braunfels Hospital where he was pronounced dead on the scene.

Neither of the people in either the Taurus or the minivan was injured in the incident. This is common in accidents involving motorcycles: according to data from the National Highway Traffic and Safety Commission, the vast majority (more than 85 percent) of motorcycle crashes involved passenger vehicles. In these crashes, “98 percent of the fatalities were motorcycle riders and only 2 percent of fatalities were passenger vehicle occupants.” According to the same report, nearly 62,000 motorcycle riders died in multi-vehicle crashes between 1975 and 2005. The Cleburne man is another number to these statistics.

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 Posted on October 16, 2012 in Uncategorized

A fight broke out in early October in the parking lot of a Target store off of I-35, in which a 27-year-old man was allegedly killed, according to KGNB Radio. Vincent John Palomo, of Seguin, was “badly injured and taken by private car to Christus New Braunfels Hospital where he was pronounced dead.” After routine investigation, the New Braunfels Police Department issued a warrant for the arrest of Trey Randall Smith, a 42-year-old New Braunfels resident.

Arresting Smith proved to be a scene fit for television as, according to KGNB, “several law enforcement agencies, including New Braunfels Police, Texas DPS, and the Caldwell County Sheriff’s Office descended on the home and safely took Smith into custody.” He was booked at Caldwell County Jail before being transferred to Comal County. Smith has been charged with second degree felony aggravated assault, and his bond was set at a whopping $500,000.

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 Posted on October 12, 2012 in Uncategorized

A 25-year-old woman narrowly and luckily escaped a tragedy in early October when a Lubbock man broke into her home, threatened her with a knife, and then allegedly realized he was “inside the wrong house,” according to KGNB News Radio. Eric Anthony Munoz, 20, was arrested only minutes after the incident, as police responded to the woman’s call immediately when the perpetrator left her home. Munoz has been charged on a single charge of second degree felony aggravated assault with a deadly weapon.

The woman, according to KGNB, “noticed the man standing in her living room and walking toward the back of the house where her children slept.” It was when she told him to leave that he threatened her with the knife he carried.

According to the FBI’s Uniform Crime Reporting Program, aggravated assault is defined as “an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.” Most of these are accompanied by the use of a deadly weapon, including a knife—such as the one Munoz allegedly carried.

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 Posted on October 08, 2012 in Uncategorized

Victor Diaz, a Mexican construction worker for Tin Star Contractors died in a fall on his first work day on August 14. He had fallen about 20 feet down a shaft, but the fall apparently had not killed him instantly. According to Diaz’s family, he had taken his shoes off after the fall to bang on the door for help. However, no one had heard his cries for help. His body was discovered at the bottom of the smokestack a week later after his family had reported him missing.

Victor Diaz was a family man: he was married and had two young children. He came to work to the U.S., where wages are better than in his home country of Mexico, to better support his family. Because of the accident, his family is left without a father and provider. Now, Diaz’s family is suing the two contractors that had employed Diaz. “All we want to know is what happened,” said Nereo Diaz, the victim’s brother. The family felt the suit was the right thing to do under the circumstances. They might at least be able to receive compensation, although nothing will bring back their beloved husband, father and sibling,

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 Posted on October 05, 2012 in Uncategorized

A 15-year-old South Texas boy facing nine counts of murder crashed a minivan loaded with 19 people in April because he was bumped by a pursuing Border Patrol vehicle, his lawyer said Thursday.

The agent involved in that pursuit testified Thursday at a detention hearing in juvenile court that he only came upon the scene shortly after the April 10 crash. That countered testimony two days earlier by a Palmview resident who said he witnessed the wreck and saw the Border Patrol vehicle bump the fleeing minivan.

Ultimately, Hidalgo County district Judge Jesse Contreras decided the boy, who is not being identified because he is a minor, should stay in detention pending trial.

“The van was not driving 100 mph, it was not the reckless driving of this young man and the purported behavior, but in fact it was a direct result of the contact, of being run off the road by the Border Patrol agent that led to these tragic deaths,” Jaime Aleman, attorney for the boy, told the judge Thursday.

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 Posted on October 02, 2012 in Uncategorized

Last Friday, police released more details on a crash that killed one teen and injured four others when a car broke through the seawall last weekend.

Irvin Ruiz, 18, the front passenger, died at the scene, and four other teenagers were hurt in the 12:08 a.m. Sunday crash in the 100 block of Seawall Boulevard near East Beach, Galveston police said.

Luis Aguirre, 16, of Texas City was hospitalized and listed in critical condition on Monday at the University of Texas Medical Branch, but his condition Friday wasn’t immediately known. The other occupants had non- life-threatening injuries.

The teens were leaving a gathering on East Beach and were traveling west on the seawall, police Lt. Michael Gray said. A police report released Friday states the Mustang traveled at a high rate of speed on the dry road.

Witnesses said the Mustang changed lanes from left to right, and the driver lost control a short time later. The car started a side skid then went off the seawall, and all the passengers were thrown from the car, the report states. It is unclear whether the Mustang was a convertible.

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 Posted on September 30, 2012 in Uncategorized

Within a week, Texas saw multiple injuries as there was at least one car crash where three people got hurt, and an elderly man also got attacked by pitbulls while he was mowing his lawn. The Dallas Morning news reported stories about both the crash and the dog attack. The car crash that injured three people took place when a car drove the wrong way on an Airport Freeway flyover ramp and hit a pickup truck. According to Irving police, the school security vehicle was headed west when it was hit head-on by the car going wrong way on the one-lane ramp. Both drivers and a passenger in the wrong-way vehicle were taken to Parkland Memorial Hospital, and their injuries were thought to be life-threatening, said police spokesman John Argumaniz. The other accident, two dogs attacking an elderly man took place in Oak Cliff. Leslie Wilson, 73, was mowing the grass in an alley between two houses when he got attacked by his neighbor’s two pit bulls. The dogs bit Wilson’s arms, legs, face, and head. Wilson got away when a neighbor came to his rescue and helped him escape. He was taken to Methodist Dallas Medical Center, and his condition is unknown. The dogs were taken into custody of Dallas Animal Control. Their fate is also unclear. In both of these cases there are clear victims, who got injured. If you or a loved one have fallen victim to a similar accident, you might be eligible for compensation. A skilled injury attorney can determine if you should receive compensation for your ordeal and help you through it. Contact an expert New Braunfels injury attorney today.

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