, , , , , , , , , , , , 2014, 2014,

Call: 214-522-9401

Invent

Blog


Farmers Insurance leads the industry in consumer complaints | Dallas, Texas Personal Injury Attorney Blog

By Montes Law Group, LLP on Monday, November 7, 2011

Maybe Farmers needs to send its staff and its lawyers back to Farmers University to learn how to be fair.  A new report is very telling about how Farmers treats its insureds.  Insurance companies are paid huge amounts of money in premiums to protect us.  Insurance giants like Farmers advertise and spend millions, if not bilions, of dollars getting hard working people to buy their product, promising good service, and fair treatment.  In fact, insurance companies like Farmers Insurance have certain duties to their own insureds to treat them fairly, and pay claims that are made by and against policy holders.  A new study has established that Farmers Insurance, the state’s 3rd largest insurer, has received more complaints about its handling of homeowner claims than any other insurer in Texas.

What does this translate to?  Well, Farmers Insurance received 207 complaints from Oct. 1, 2010, to Sept. 30, 2011, according to Austin-based Texas Watch, which obtained complaint data from state regulators.  How does this compare with other big insurance companies?  State Farm, which has the largest market share in Texas, had 198 complaints, and Allstate, another of the “big 3″ had 159.  Allstate is the second-largest home insurance company in the state.

This data unmistakably measures companies stack up against each other.  Of note, the data do not include complaints about coverage or premium issues, but those dealing with payment delays, underpayments, denials and other matters pertaining to how claims are handled.  This amounts to the basic element of fairness.  A hard working person sends their premium money in to Farmers, Farmers cashes the check, and these people contend Farmers never held up their end of the bargain.

If you have been treated unfairly by Farmers Insurance or any other insurance company, hire a lawyer to fight for what you paid premiums for, fairness and respect.  At the Montes Law Group, we help people.

Rachel E. Montes, named Texas Superlawyer, D Magazine Best Lawyers, graduate of the Trial Lawyers College

Read more...


Avandia makers Glaxo Smith Kline expected to pay 3.4 billion to injured and families of deceaseds | Dallas, Texas Personal Injury Attorney Blog

Avandia makers Glaxo Smith Kline expected to pay 3.4 billion to injured and families of deceaseds

By Rachel E. Montes on Thursday, January 20, 2011

 Avandia makers Glaxo Smith Kline expected to pay 3.4 billion to injured and families of deceaseds | Dallas, Texas Personal Injury Attorney Blog

GlaxoSmithKline (GSK) is expecting to pay $3.4 billion to settle legal charges relating to its diabetes drug Avandia, as well as sales and promotional practices in the US for other products. The amount is in addition the $2.36-billion legal charges previously announced in July 2010 for legal cases regarding Avandia, Paxil, and the company’s former manufacturing site in Cidra, Puerto Rico.

Since July 2010, GSK says it has continued to receive a “substantial” number of new product liability cases regarding Avandia in the US. The $3.4-billion estimate stems from the company’s assessment of the additional cases and an estimate of likely future claims.

“We recognize that this is a significant charge, but we believe the approach we are taking to resolve long-standing legal matters is in the company’s best interests,” P.D. Villarreal, senior vice-president of global litigation at GSK, explained in a statement. “We have closed out a number of major cases over the last year and we remain determined to do all we can to reduce our litigation risk.”

The European Medicines Agency recommended that Avandia-once GSK’s biggest grossing blockbuster-be removed from the EU market in September 2010 because of cardiovascular safety concerns. Around the same time, the US pinned stringent restrictions on the product’s use.

Avandia has been associated in studies with increased risk for dangerous health conditions such as heart attack, heart damage, stroke and other associated conditions. Another danger that may occur in patients taking Avandia® is fluid retention or swelling that may lead to or worsen heart failure. People with a history of heart problems should talk to their doctors before starting an Avandia® prescription in order to prevent dangerous cardiovascular side effects including swelling, tiredness and shortness of breath. Because of this dangerous possibility, Avandia® is not recommended for patients with severe heart conditions.

The liver is also an area of potential danger for Avandia® patients. The drug is not recommended for people with active liver disease. It may cause unexpected tiredness, unusually rapid weight gain, dark, yellow urine, yellowing of skin and stomach problems. These symptoms are often associated with liver disease, which is a possible danger of taking Avandia®.

A lawyer experienced in these cases can answer your questions. Call us today. Avandia Damage Lawyers. www.avandiadamage.com

Read more...


WHY DON’T OUR SCHOOL BUSES HAVE SEATBELTS? | Dallas, Texas Personal Injury Attorney Blog

WHY DON’T OUR SCHOOL BUSES HAVE SEATBELTS?

By Rachel E. Montes on Wednesday, December 29, 2010

Why is it that our most precious gifts, children, are not as protected as they should be? Tragically, most of the operating school buses in the U.S. do not have seat belts or similar restraints to protect our children in the event of an accident. The kicker is, for buses that are under 10,000 pounds, federal law requires a restraint system, but that’s only a small proportion of the school buses in use, and generally used for transporting disabled and special-needs students. As such, they fall under the purview of cars, light trucks and passenger vehicles because of their similar low weight and center of gravity.

But larger buses, the buses that the majority of our children ride, are much heavier, and higher. As a result, the passengers on the bus sit higher, and this is supposed to be a safeguard in collisions. For those, federal education and transportation agencies leave the decision up to the states. And so far, only six require seat belts to be installed.

School and transportation officials cite two main reasons for declining to install seat belts:

• Cost. Separate studies by the NHTSA show that installing seat belts would add anywhere from $8,000 to $15,000 to the cost of a new bus while having little to no impact on safety.

Seat belts would also take up room that’s now used for seats, meaning fewer children can be accommodated on each row. That could require school systems to increase their bus fleets by as much as 15 percent just to transport the same number of pupils, it suggested.

• Safety. Numerous safety agencies say seat belts aren’t the best choice for children, which is why nearly all states

require container-like full car seats for younger kids in passenger cars.

Looking at both sides of the equation, the pros and cons are obvious:

Pros

Education children to buckle up.

Seat belts often prevent litigation.

Using seat belts improves behavior on school buses.

Installation of seat belts in school buses would cost less than $2.00 per child – a small price to pay to prevent serious injury or death.

Seat belts prevent students from being thrown out of their seats if their bus is involved in an accident.

Cons

School buses have an excellent safety record. Therefore seat belts are not a necessary expenditure.

Seat belts are not effective in most school bus crashes.

Though the cost per child to install seat belts in school buses is low, multiply that by thousands of buses and the cost is astronomical.

Seat belts prevent students from exiting the bus quickly if fire or water is involved. A bus driver cannot help all students escape if they are belted and the bus is sinking in a lake or other body of water.

The installation of seat belts doesn’t mean they will be used. Drivers cannot be expected to police proper use of seat belts. This would mean helping young students adjust belts each time they got on the bus.

Seat belts may be a hindrance in catastrophic events such as earthquakes or flash floods.

Seat belts could be used as weapons if a dispute occurs between students.

Students who fail to use installed seat belts could cause serious injury to students nearby should a crash occur. They would slam into belted students who would absorb a double impact.

There are no federal standards to outline proper installation of seat belts in school buses.

Because a school bus weighs tons and is large, collision impact is absorbed by the mass and the crash force is far less than that felt in an automobile.

Students on school buses are protected because they are above the impact zone if a crash occurs.

School buses travel at the speed limit or less. Since speed is a factor in a large percentage of accidents, bus fatalities occur less often than automobile fatalities.

There are many pros and cons to the school bus seat belt controversy. Now that you are aware of the pros and cons, you will be able to make an educated decision on the controversial subject.

Read more...


DALLAS PASTOR ARRESTED FOR CHRISTMAS EVE BURGLARY | Dallas, Texas Personal Injury Attorney Blog

DALLAS PASTOR ARRESTED FOR CHRISTMAS EVE BURGLARY

By Rachel E. Montes posted in In The News on Wednesday, December 29, 2010

Dallas Police have arrested Pastor Sandy McGriff (52), pastor of The Church of the Living God, and charged her with burglarizing a home and attempting to steal more than $10,000 in clothes and other items on Christmas Eve from the home of one of her church members.

McGriff has said it is all a big misunderstanding and a personal lapse in judgment. She says she actually was bravely protecting her former parishioner’s valuables from two other would be theives. McGriff says she went to pick up a peach cobbler from a friend. And then, she said, “Something just told me to go past her friend’s house. McGriff says she noticed two men coming from the side of the home. She then walked around the home and saw a broken kitchen window.

McGriff did not call 911 or even her friend. McGriff cleared away the broken glass, stood on a barrel and climbed through the window to save her parishioner’s stuff from thieves she feared might return. McGriff says, “My mistake was I did not call 911,” the pastor told a reporter. “I just used poor judgment.”

However, a neighbor, David Nanez saw the pastor and he told police he watched the pastor use a ladder and then a barrel to climb up to the window and hit it with something.

According to the Dallas Morning News, McGriff has a previously used a fake name and a allegedly has a criminal record that includes a 35-year-old prostitution conviction.

Read more...


PARENTS OF PRAIRIE VIEW A&M STUDENT WHO DIED IN A HAZING INCIDENT SETTLE LAWSUIT | Dallas, Texas Personal Injury Attorney Blog

PARENTS OF PRAIRIE VIEW A&M STUDENT WHO DIED IN A HAZING INCIDENT SETTLE LAWSUIT

By Rachel E. Montes posted in Hazing Injuries and Deaths on Tuesday, September 21, 2010

Donnie and Katrina Wade, the parents of Donnie Wade II, a 20-year-old biology major at Prairie View A&M University who died in a hazing incident in 2009 have settled their wrongful death lawsuit against the fraternity their son was pledging.

According to a report from Prairie View A&M University, the University found that Donnie Wade II and other pledges were exposed to “unreasonable risk or harm” when ordered to participate in intense exercise drills. During one of those early morning drills, Donnie Wade II collapsed on the Hempstead High School track and never regained consciousness. Instead of calling for an ambulance, fraternity members drove him to a Houston hospital. The medical examiner ruled that Wade died as a result of acute exertional rhabdomyolysis, which can be triggered by strenuous exertion. This medical syndrome, which leads to muscle degeneration, has been linked to the sudden deaths of military recruits and athletes.

Phi Beta Sigma’s chapter was disbanded this spring after a university review board determined that members violated hazing rules and plotted a cover-up after Wade’s death. To further ensure that this fraternity does not simply re-organize and re-open a chapter at the university, the university sanctioned Phi Beta Sigma with a suspension lasting through December 2014 and a probation ending in May 2015.

This case presents a very typical type of hazing case. Usually, the fraternity pledges are forced to undergo certain rituals, exercises or to participate in activities that lead to others being injured or killed. Often, alcohol is involved and the fraternity members engage in these activities every year under the banner of “tradition” to make the pledges feel as as a test of loyalty and unity. These hazing activities often are considered a rite of passage that the victim must endure before the victim is permitted to become an official member of the group. These rites of passage tend to focus on efforts to humiliate, embarrass and often times even involve physical or sexual assault that may cause permanent physical and mental injuries, and in some cases even result in death. Then, after the fact, the group involved often tends to “circle the wagon” to protect the organization and the individuals involved as part of the Code of Silence. Education and enforcement of anti-hazing policies and laws appear to be the best ways to combat this counter-culture and to expose these groups and behaviors. Holding those involved accountable is an important step towards stopping the cycle of abuse so that others will know that these illegal behaviors will not be tolerated.

If you or a loved one is seriously injured or killed as a result of a hazing incident, it is important that you take action quickly to protect your rights. Communicating in writing with the appropriate organizational, educational and police authorities to properly and timely document your complaints is extremely important. Some schools and universities have extremely short deadlines (sometimes as short as 48 hours from the time of the incident) in their Codes of Conduct to report such conduct if you desire for the institution to take any action. If you find yourself in this situation, you need to know your rights and take action quickly to protect those rights.

Montes Herald Law Group, LLP
Attorney: Rachel Montes
Attorney: Tom Herald
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone (214) 522-9401
www.MontesHerald.com
www.MontesHeraldblog.com

Read more...


SEVERAL DEATHS ON AREA LAKES OVER MEMORIAL DAY HOLIDAY SHOW THE IMPORTANCE OF WATER SAFETY | Dallas, Texas Personal Injury Attorney Blog

SEVERAL DEATHS ON AREA LAKES OVER MEMORIAL DAY HOLIDAY SHOW THE IMPORTANCE OF WATER SAFETY

By Rachel E. Montes on Monday, May 31, 2010

Each year, the Memorial Day Weekend marks that beginning of summer and a substantial increase in lake activities in the area. Sadly, this year, like many previous years, the holiday has been marked with several deaths on local lakes.

Sunday night, two personal watercrafts collided on Eagle Mountain Lake and killed two people. The crash occurred about 8:30 p.m. on the southwest portion of the lake near Azle. Two men on a personal watercraft collided with another personal watercraft operated by a man who had a female passenger. The man and woman on the same watercraft were killed. The man was identified as Richard Minnaar, 22, of Keller, according to the Tarrant County medical examiner’s office. The woman’s identity had not been released Monday afternoon. “The investigation into the cause is still pending,” Lorance said.

Anyone who has ridden a personal watercraft knows how much fun these machines can be to operate, but they still require a level of skill and control that some people fail to appreciate. Because these machines have the ability to rapidly accelerate, and despite the fact that they look like a motorcycle, they do not brake or steer like a motorcycle. Therefore, stopping quickly or trying to make an emergency maneuver on a personal watercraft or jet ski can be very difficult for inexperienced riders. As a result, many lakes control not only the areas where personal watercraft can be operated, how those personal watercraft can be operated, and how much distance operators are required to keep between themselves and other watercraft, swimmers and the shore.

Although the reports on this incident have not given any indication if alcohol is suspected to have played a part in this collision, it is not uncommon for boating accidents to be an alcohol-related event as many people see going to the lake as an excuse to drink. However, Texas law makes boating while intoxicated just as illegal as driving while intoxicated, and being at the lake does not shield someone from being charged with public intoxication. Read our blog on Boating While Intoxicated for a brief review of some of the laws affecting alcohol consumption.

Sadly, there were two other deaths on area lakes these weekend.

Ricky Frazier (22) of Irving is believed to have drowned in Lake Grapevine after jumping into the lake from a boat 100 yards off show and never re-surfacing. Investigators do not know what caused Frazier to disappear but said alcohol does not appear to be a factor. Divers were also checking conditions at the site where he jumped in.

Balint Gash (24) of The Colony also died Sunday at Lake Lewisville after jumped off a boat and never surfaced. Game Warden Neal Bieler, captain for the Fort Worth district, stressed how important it is for all people at the lake to wear a life jacket whether people think they need them or not.” And for children, the law requires children 13 and under to wear a life jacket on any watercraft at all times, and each water craft must have at least one life jacket for each person on board. Likewise, any person riding a personal watercraft without a life jacket can be charged with a Class C misdemeanor.

Rachel Montes and Tom Herald are the attorneys at Montes Herald Law Group, L.L.P. We are located in the Dallas Fort Worth metroplex at 1121 Kinwest Parkway, Suite 100, Irving, Texas 75063. Telephone (214) 522-9401. Visit our website at www.MontesHerald.com, our blog at www.MontesHeraldBlog.com and our Facebook at Montes Herald Law Group, L.L.P. to learn more about current events and issues that may affect you.

Read more...


ARLINGTON WOMAN CHARGED WITH FELONY AFTER PIT BULL ATTACK | Dallas, Texas Personal Injury Attorney Blog

ARLINGTON WOMAN CHARGED WITH FELONY AFTER PIT BULL ATTACK

By Rachel E. Montes on Wednesday, May 5, 2010

Nancy Hayes, (30), of Arlington, Texas, is the owner of two pit bulls, one of which was previously declared as “dangerous” was charged with a crime for her dogs’ recent attack on a neighbor. The victim, Robert Wallis, (66) said Hayes’ two pit bulls flew out an unlocked gate as he walked outside to his mailbox. Mr. Wallis reported that, “(There was) no warning, and every time I got halfway back up, I was pulled back down again.” The dog bit Mr. Wallis on his hand, arm, ankle and face. “All I could think of was (to) get up and keep them off of me,” Mr. Wallis was rescued by a postal service employee. Wallis says his neighbor hasn’t apologized for the attack or said anything to him since it happened April 22. As is typical for these types of incidents, the city euthanized both of the animals after this attack.

One of the same dogs had been declared dangerous last summer after it attacked another man. Following that incident, Hayes had promised to keep the animal restrained. Like most cities, Arlington has a number of local ordinances that are fairly strict about the requirements to keep dogs fenced in and on a leash.

Arlington’s City Ordinances state:

Section 4.11 Animal At Large

     A.   A person commits an offense if he fails to keep an animal he owns from being at large.

Section 8.05 Requirements for Owners of Dangerous Animals

     A.   … the owner of a dangerous animal, the owner shall:

          1. Register the dangerous animal with the Animal Services Manager and maintain current registration at all times;

          2. Restrain the animal in a secure enclosure inspected and approved by the Animal Services Manager;

         4. Microchip and register the dangerous animal for its life with a national registry, and present proof to the Animal Services Manager…..

Section 8.06 Registration

     A. The Animal Services Manager shall annually register a dangerous animal if the owner is in compliance with the owner’s requirements of Section 8.05. ….

Section 8.10 Muzzle and Restraint of Dangerous Animals

An owner of a dangerous animal shall not permit a dangerous animal to be outside the secure enclosure unless the animal is muzzled and restrained by a substantial chain or leash, no longer than six (6) feet in length, and a capable person is in immediate physical control of the leash. Such animal shall not be leashed to any inanimate object such as a tree, post, building, or other object. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal.

 

Section 8.08 Offenses

     A. A person commits an offense if the person is the owner of a dangerous animal and the animal makes an unprovoked attack on another person outside the animal’s enclosure, and the attack causes bodily injury to the other person.

     B. A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on a domestic animal or domestic fowl while said dog is at large, and the attack causes bodily injury or death to the domestic animal or domestic fowl.

     C. A person commits an offense if the person is the owner of a dangerous animal or the new owner of a dangerous animal and performs an act prohibited or fails to perform an act required by this Article.

In this case, the criminal charges, however, are not based upon the city ordinances, but rather violations of Texas law. Specifically, police are charging Nancy Hayes with a third degree felony of “attack by dog resulting in serious injury.” The charge is punishable by up two to 10 years in prison. In 2007, the Texas legislature enacted “Lillian’s Law,” after Lillian Stiles, a central Texas woman who was mauled by several dogs in 2005 to hold dog owners accountable for these attacks.

While there is no doubt that even pit bulls and rotweillers can be very good and loving pets, dog owners have a responsibility to make sure that they do not let their dogs roam free and attack other people. This is particularly true when the dog has previously been declared a dangerous dog because of its vicious propensities. In Arlington, if the dog is declared “dangerous” then the dog owner must carry homeowner’s insurance in the amount of at least $100,000 to cover the damages the dog may cause if another attack occurs. However, even if the dog has not been declared dangerous, most homeowner’s policies will cover the damages these dogs cause when an attack occurs that is shown to be caused in part by the negligence of the dog’s owner.

Montes Herald Law Group, LLP

Attorneys: Rachel Montes and Tom Herald

1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

Telephone (214) 522-9401

www.MontesHerald.com

www.MontesHeraldBlog.com

Facebook @ Montes Herald Law Group, L.L.P.

Read more...


STATE FARM SUES TEXAS AFTER DISCLOSURE THAT STATE FARM HAS FILED A 2ND REQUEST TO RAISE INSURANCE RATES BY 13% | Dallas, Texas Personal Injury Attorney Blog

STATE FARM SUES TEXAS AFTER DISCLOSURE THAT STATE FARM HAS FILED A 2ND REQUEST TO RAISE INSURANCE RATES BY 13%

By Rachel E. Montes posted in In The News on Tuesday, March 30, 2010

State Farm Insurance Company has filed a lawsuit against the Texas Department of Insurance after the Texas Department of Insurance posted two rate hike proposals requested by State Farm over the past eight months. State Farm is seeking to obtain approval to raise its insurance rates its charges by an average increase of 13% on homeowner premiums .

According to a story in the Dallas Morning News, Texas Department of Insurance spokesman Jerry Hagins advised that the Department’s position is that all documents associated with a rate filing are public information, and that the decision to post was partly the result of increases filed so close together.

Rachel Montes

Thomas A. Herald

Montes Herald Law Group, LLP

1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

(214) 522-9401

www.MontesHerald.com

www.MontesHeraldblog.com

Read more...


Jury Awards $22 Million in Damages to Family of Student Killed By a Driver Who Was Texting While Driving | Dallas, Texas Personal Injury Attorney Blog

Jury Awards $22 Million in Damages to Family of Student Killed By a Driver Who Was Texting While Driving

By Rachel E. Montes posted in Auto Accidents: Drivers Distracted by Text Messaging and Using Cell Phones While Driving on Sunday, March 21, 2010

Megan Small (21) was killed in an automobile collision when the vehicle she driving was struck by another driver that was distracted because he was texting while driving. In addition, Laura Gleffe, another driver involved in the collision was also injured. Megan Small was killed while driving from her home in Houston back Baylor University. The wreck occurred on Highway 6 near Calvert, Texas when. Reed Vestal crossed the center line and hit Small head-on. Gleffe, Small’s lifelong best friend, was following behind her and was run off the road, causing her car to roll. Vestal initially denied having a phone when the wreck occurred, but phone records indicated that he had sent and received 15 text messages and made seven phone calls in the 45 minutes before the wreck, Craft said. In addition, evidence was presented at trial that Vestal has received multiple speeding tickets since receiving his license. “I think the jury understands it is a growing problem [eventhough] Vestal tried to say he didn’t know any better, and he didn’t know it was dangerous.”

Hunter Craft, a lawyer for Small’s family, said “This case isn’t about money,” Craft said of the Nov. 25, 2007 wreck. “This case is about sending a message to everybody and protecting people in the future, and in order for them to be able to accomplish that, we told them they were going to have to make a significant award.” Craft said the Small family’s intention was always to send a message about the dangers of texting while driving, not to collect damages.

A Texas A&M University student has been ordered to pay $22 million in damages after a Robertson County jury found that his texting while driving caused a car accident that killed a Baylor University senior biochemistry major.

Lawyers said the damages awarded to the family of Megan Small, who was 21 when she died, and Laura Gleffe, the driver of another car that was run off the road in the accident, may be the most a jury has handed out in Robertson County.

Approximately one in five drivers admit to texting while driving at least once in the last 30 days. The popularity of texting is unquestionable. About two-thirds of Texas teenagers surveyed said they have talked on a cell phone while driving in the past six months, according to the Transportation Institute. More than half said they had read or sent text messages while driving. A 2007 study said cell phone use was among the primary causes of fatal car crashes among teens. According to CTIA, the number of monthly texting messages reached 110 billion at the end of 2008, a more than 11-fold increase in three years. AAA is asking drivers to go to its website at www.aaafoundation.org/multimedia/headsup.cfm to learn more about its efforts to stop driving while texting.

The Montes Herald Law Group, L.L.P. is a law firm with offices in Irving and Dallas Texas. We are experienced and qualified attorneys who dedicate our practice to the representation of personal injury victims, including victims of car accidents and other cases where people are severely injured through the negligence and reckless conduct of others all across the state of Texas including Dallas, Fort Worth, Austin, Houston, and San Antonio. Please visit our website at www.MontesHerald.com for more information concerning our law firm and lawyer Rachel Montes and Tom Herald. If you desire a free consultation on a personal injury matter, please call us at (214) 522-9401 or email us at Rachel@MontesHerald.com or Thomas@MontesHerald.com for a free case evaluation.

Read more...


Cases of Repeat Drunk Drivers Point to The Need for Tougher Laws Against Drunk Drivers | Dallas, Texas Personal Injury Attorney Blog

Cases of Repeat Drunk Drivers Point to The Need for Tougher Laws Against Drunk Drivers

By Rachel E. Montes posted in Auto Accidents: Drunk Driving on Monday, February 8, 2010

Last week, a Dallas County jury sentenced James Giraldo (27) to 20 years in prison for killing Juliana Rincon-Cuartos in October of 2009. Twenty years is the maximum sentence. Meanwhile, the sentencing of a Steward Richardson in Tarrant County was delayed as prosecutors are forced to appeal a ruling of the court that would prevent them from seeking a life sentence against a 7 time convicted drunk driver that crushed a child in a car seat.

 

Wrong Way Drunk Driver James Giraldo

James Giraldo’s case is the first of several highly publicized cases involving wrong way drunk drivers that caused a head-on collisions on the North Dallas Tollway in 2009. After a night of drinking at a bar, James Giraldo got in his vehicle and drove the wrong way directly into oncoming traffic on the tollway and struck a vehicle in which Juliana Rincon-Cuartas was a passenger. Three hours after the crash, Giraldo’s blood alcohol level was still 0.18 — more than twice the legal limit. Mr. Giraldo plead guilty to charges of intoxication manslaughter and asked the jury for leniency, saying he has thought about the death of 27-year-old Juliana Rincon-Cuartas every day since the accident

Giraldo’s claims of remorse fell on deaf ears when the jury heard that after being involved in this deadly drunk driving wreck, Giraldo was arrested again on another charge of DWI while driving on the tollway. According to police records, Mr. Giraldo refused to submit to a breath test or to provide a blood sample following his second arrest. While Giraldo claimed that the incident has been “one of the most difficult things I’ve ever had to deal with in my whole life, and that I think about it every day. … I think about the girl. I think about her family. I think about what I took away from the family because of my own stupidity.” According to Dallas County Prosecutor, Hermus, Giraldo’s second arrest shows that the defendant didn’t learn a lesson and needs the supervision of prison to protect the community.

 

7 Time Drunk Driver Trying to Avoid Life Sentence

Meanwhile, Tarrant County prosecutors have been forced to file an appeal of a pre-trial ruling that would prevent them from seeking a life prison term against Stewart Richardson for the horrific injuries he inflicted upon Abdallah Khader in a February, 2009 wreck. Tests show that Stewart Richardson’s blood alcohol content (BAC) was three times the legal limit when his truck rearended Loubna Elharazin’s car at an Arlington stoplight.

Abdallah was crushed while belted in his car seat. Doctors say that up to 80 percent of his brain was destroyed in the crash. While Abdallah’s life has all but stopped, his body keeps growing, and swelling from all the steroids and medicines that keep him alive. His face and cheeks are abnormally chubby. His eyes roll, but don’t focus. His mother says, “Sometimes you see tears coming out of his eyes, but to be honest with you, we don’t know what makes him mad. All we do is hold him and try to make him comfortable.”

Prosecutors had hoped to send Richardson to prison this week for life. After all, prosecutors uncovered 7 prior drunk driving convictions in 4 other states including one drunk driving accident that resulted in injuries to several people in a 1994 crash in Iowa. However, all of the drunk driving offenses were considered to be misdemeanors. If any one of them had been classified as a felony, Richardson would have been subject to receiving a life sentence. Instead, the maximum prison sentence he can receive is 20 years. Prosecutors are appealing the judge’s ruling, and say they hope for a reversal. The appeal could cause a delay in the sentencing of Mr. Richardson by as much as a year.

Meanwhile the family of Abdallah Khader is forced to wait for justice, and to hope for a miracle to happen, something little; I lost hope.”

We at Montes Herald Law Group, LLP believe that punishing those who engage in driving while intoxicated is important, especially when the drunk driver proves time and again that he or she will continue to drive drunk. Once an intoxicated driver gets behind the wheel of a vehicle, everyone’s well being and safety is at stake. If you or a loved one has been injured by a drunk driver, contact Rachel Montes or Tom Herald. We will discuss your case with you for free and at no obligation. Contact us at (214) 5222-9401 and visit our website at www.MontesHerald.com for more information regarding our firm and our attorneys. Please visit Montes Herald Law Group, LLP’s Facebook website as well to get involved in our efforts to fight drunk driving.

Read more...

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 7 other subscribers

Our Address

MONTES LAW GROUP, LLP
1121 KINWEST PARKWAY,
SUITE 100
IRVING, TX 75063
PHONE: 214-522-9401
FAX: 214-522-9428
CALL TOLL FREE: 877-529-8899

Visit also our social profiles:

Scroll to top