TxDOT Takes Aim At Drunk Driving

Drunk Driving Accident

In an effort to help spread awareness about the dangers of drunk driving, the Texas Department of Transportation has released a new “Faces of Drunk Driving” campaign. According to an official from TxDOT, the campaign is primarily designed to put “real faces” behind drunk driving statistics and help people realize that the dangers posed intoxicated drivers can have a very real impact on their lives.

Not only does the campaign focus on victims of drunk drivers, but it also highlights drivers themselves who have made poor decisions in the past related to driving while intoxicated. Given the fact that the Labor Day holiday weekend has typically been a time when the frequency of drunk driving accidents increases, the release of this new campaign should help spread awareness at a much-needed time.

Learning More About the Drunk Driving Campaign

The campaign will include a wide variety of testimonials in the form of videos, written content and other featured events. Additionally, all of the material produced as part of the campaign will be available in English and Spanish.

As TxDOT quickly reminds us all, a Texan dies in a drunk driving accident every nine hours. At Montes Law Group, we help individuals who have been injured in accidents with drunk drivers get the help, support and compensation they deserve.

ALCOHOL SUSPECTED IN CAR WRECK THAT KILLS ONE CHILD AND CAUSED 3 OTHER OCCUPANTS TO BE EJECTED FROM VEHICLE | Dallas, Texas Personal Injury Attorney Blog

Grand Prairie Police have arrested Noel Romero of Arlington, Texas on charges of Intoxication Manslaughter following a fatal crash that killed a child and sent three other people to the hospital. Grand Prairie Police have indicated that they believe Noel Romero (31) allegedly was driving a GMC pickup westbound I-20 at Texas 161 that rearended a 1999 Chevrolet Blazer. The crash happened at 1:32 a.m., As a result of the impact, the Blazer being driven by Maria Rangel was then pushed into a Mercedes being driven by Clement Grant. The collision was severe enough that it caused the occupants of the Blazer to be ejected. Maria Rangel (22), and her two children and another occupant were all injured in the crash. Rangel was transported to Parkland where she is being treated for internal injuries. Maria Rangel’s one year old child Ab Yahir Sotelo was careflighted to Children’s Hospital but later died from injuries sustained in the crash while 3-year-old Yahaira Sotelo was treated and released. The identity of the fourth occupant has not been released, but that person is also listed in critical condition at Methodist Hospital in Dallas.

According to police, Romero fled the scene but was arrested a short time later in Arlington after being stopped while driving on a flat tire. Romero has been charged with intoxication manslaughter. In addition, prosecutors have the option of adding additional charges for intoxication assault depending upon the severity of the injuries sustained by the remaining victims.

According to information from NHTSA and MADD, night time is still the most dangerous time to be driving. Approximately 28% of all motor vehicle accidents that occur between the hours of midnight and 3 A.M. involve a driver with a blood alcohol level of 0.08 (legally intoxicated in the State of Texas) or higher. Approximately 21% of all collisions that occur between the hours of 9 PM and midnight involved a driver with a blood alcohol level of 0.08 or higher.

Montes Law Group, P.C.

Attorneys: Rachel Montes

1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

Telephone (214) 522-9401

HAPPY ENDING UNLIKELY: ALLEGEDLY DRUNK TEENAGER CRASHES INTO POLICE CAR | Dallas, Texas Personal Injury Attorney Blog

The Dallas Police car was involved in a car wreck around 3:00 A.M. when they made a turn onto Newkirk Street at Northwest Highway. Police say that the driver of a Suburban failed to yield the right of way and struck the patrol car. The 19-year-old driver of the Suburban was arrested on suspicion of drunken driving.

MontesLaw Group, P.C.

Attorneys: Rachel Montes

1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

Telephone (214) 522-9401

https://www.monteslawgroup.com/www.MontesLawGroup.com

FORT WORTH POLICE OFFICER GIVEN MAXIMUM SENTENCE OF 20 YEARS FOR INTOXICATION MANSLAUGHTER | Dallas, Texas Personal Injury Attorney Blog

Jesus Cisneros, a former undercover narcotics officer for the City of Fort Worth, was sentenced to the maximum punishment of 20 years in prison on charges with intoxication manslaughter in the death of Sonia Baker (27), a mother of two young boys, who was killed in December of 2009 in an accident prosecutors say was caused by Cisneros.

 

Prosecutors laid out their case claiming that the crash came after Cisneros attended a birthday party for a fellow officer at the Pour House, a Fort Worth bar. Prosecutors claim they have video recorded at the party show the officer drinking heavily, consuming 12 alcoholic drinks prior to the wreck. Yesterday, accident investigator Tim Lovett testified that alcohol caused the wreck. Blood alcohol analysis (BAC) on Officer Cisneros showed his BAC level was “more than twice the legal limit.” In addition, evidence revealed that Officer Cisneros was driving his cruiser at speeds of approximately 76 mph in a 35 mph zone during the time of the wreck.

Drunk driving is clearly a problem, and the problem reaches out across all walks of life. Each year, several members of various police agencies are charged with drunk driving. Despite the fact that we count on these police officers to be in control and to enforce the laws against drunk driving, we continue to see stories such as this where it is the officer who is charged with an alcohol related offense. These first responders are often the first ones to arrive at the scene of drunk driving wrecks, and they see first hand the injuries, the deaths and the tragedies associated with drunk driving, yet the story repeats itself.

We hope that you are never in a wreck much less a wreck caused by a drunk driver. However, if you are it is important that you understand your legal rights and that you take appropriate and timely action to protect your rights.

 

Can You Sue the Police?

In Texas, if you are struck by a police officer while he or she is on the job, the law limits not only who you can sue for the officer’s negligence, but also how much you can recover for the officer’s negligence. In Texas, if the officer is on the job at the time of the wreck, The Texas Tort Claims Act requires that you bring your claim or lawsuit against the governmental entity for whom the officer works (i.e. The City of Fort Worth), not the officer if the officer has immunity. See Section 101.026 of the Texas Civil Practice & Remedies Code.

Depending upon which governmental unit the officer works for, the law also limits how much can be recovered. The law caps the amount of damages that people get government to pay on these claims. The maximum amount that can be obtained rangers from $100,000 to $300,000 depending upon whether the governmental agency is a state agency, local government agency, municipality or an emergency service organization. See Section 101.023 of the Texas Civil Practice & Remedies Code.

Although in Texas there is a 2 year statute of limitations, when the person driving a vehicle is a local or state government employee, the law (Section 101.101 of Texas Tort Claims Act) requires that you submit proper written notice of your claim to the correct governmental entity within a much shorter time period, within 6 months from the date of the incident. However, depending on the unique facts of a particular case, there may be other laws that impose shorter notice periods and other notice requirements in addition to those in this section of the Texas Tort Claims Act.

In addition, if the case involves a claim against a federal employee, there are different notice requirements imposed by federal law. In any event, the lesson to be learned if you are every involved in any type of incident with a governmental employee, you need to appreciate that there are probably requirements imposed by that require you to submit proper legal notice of your claim within a very short amount of time to a specific person, and the failure to provide this proper and timely written notice of your claim, may cause you to lose all of your rights against the responsible person even if you file a lawsuit within the applicable statute of limitations.

 

Is There Anyone Else You Can Sue When You Are Hit By A Drunk Driver?

In cases such as this where the person is injured or killed by a drunk driver, it may be possible to bring claims or a lawsuit against other people in addition to the drunk driver. You may have rights to bring a claim against the owner of the vehicle who entrusted the vehicle to a drunk driver. You may have rights to bring a claim against an employer who entrusted a vehicle to a driver with a poor driving record, or to an employee who was drunk while on the job, or

In addition, you may have a right to bring a claim or a lawsuit against the person who provided the alcohol to the intoxicated driver. This would include making a claim against a bar, a restaurant, a bartender, a waiter/waitress or other commercial provider of alcohol. These cases are referred to as a dram shop case under the Texas Alcohol Beverage Code which provides for the exclusive remedy against commercial providers of alcohol. In a dram shop case, it is very important to try to gather as much evidence as possible immediately after the event so that critical evidence is not lost, forgotten, or destroyed.

 

If you or a loved one are injured or killed by a drunk driver, we strongly recommend you contact an attorney as soon as possible to investigate your case and to protect your rights. Don’t be a victim twice. If you are in an accident, contact an attorney, and make sure you know what your rights are and protect your rights.

Montes Law Group, P.C.

Attorneys: Rachel Montes
1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

Telephone: (214) 522-9401
Facebook at Montes Law Group, P.C.;

FORT WORTH POLICE OFFICER ON TRIAL FOR INTOXICATION MANSLAUGHTER | Dallas, Texas Personal Injury Attorney Blog

The trial of Jesus Cisneros, a former undercover narcotics officer for the City of Fort Worth, has begun. Cisneros is being charged with intoxication manslaughter in the death of Sonia Baker (27), who was killed in December of 2009 in an accident prosecutors say was caused by Cisneros. Prosecutors laid out their case claiming that the crash came after Cisneros attended a birthday party for a fellow officer at a Fort Worth bar. Prosecutors claim they have video recorded at the party show the officer drinking heavily. Yesterday, accident investigator Tim Lovett testified that alcohol caused the wreck.

The defense has suggested that the crash was unavoidable because Baker pulled in front of Cisneros while other testimony is showing that Cisneros was traveling at a high rate of speed.

Drunk driving is clearly a problem, and the problem reaches out across all walks of life. Each year, several members of various police agencies are charged with drunk driving. Despite the fact that we count on these police officers to be in control and to enforce the laws against drunk driving, we continue to see stories such as this where it is the officer who is charged with an alcohol related offense. These first responders are often the first ones to arrive at the scene of drunk driving wrecks, and they see first hand the injuries, the deaths and the tragedies associated with drunk driving, yet the story repeats itself.

We hope that you are never in a wreck much less a wreck caused by a drunk driver. However, if you are it is important that you understand your legal rights. Although in Texas there is a 2 year statute of limitations, when the person driving a vehicle is a local or state government employee, the law (the Texas Tort Claims Act) requires that you submit written notice of your claim to the correct governmental entity within a much shorter time period, usually within 6 months from the date of the wreck. If the case involves a federal employee, there may be different notice requirements. In any event, failure to provide the proper and timely written notice of your claim, may cause you to lose all of your rights against the responsible person even if you file a lawsuit within the applicable statute of limitations. Don’t be a victim twice. If you are in an accident, contact an attorney, and make sure you know what your rights are and how to protect your rights.

Montes Herald Law Group, L.L.P.

Attorneys: Rachel Montes

1121 Kinwest Parkway, Suite 100

Irving, Texas 75063

Telephone: (214) 522-9401

www.MontesLawGroup.com

Facebook at Montes Law Group, P.C.

TRUCK CRASHES INTO HOME CRITICALLY INJURING A BABY | Dallas, Texas Personal Injury Attorney Blog

David Chacon (19) of Houston is being charged with a felony charge for Intoxication Assault and a felony charge for Failure to Stop and Render Aid after running a stop sign and then crashing his pickup into a home and critically injuring 4-month-old Elizabeth Cedillo, who was sleeping in a front room at her home at the time of the incident. Both charges are third-degree felonies punishable by up to 10 years in prison and a $10,000 fine. Police have not indicated how or where David Chacon, a “minor” would have obtained the alcohol.

The latest information on Elizabeth Cedillo’s condition is that she was on life support Monday at a Houston hospital. Prosecutors say that they will upgrade the charges to Intoxication Manslaugher if Elizabeth dies from her injuries.

Sadly, cases such as this where a suspected drunk driver loses control and crashes into a home or a business and seriously injures or kills someone are not uncommon. For example:

Michael Bentley, 21, of Roanoke, was killed in February of 2009 when a 20-year-old Grapevine man crashed into a sign at First Presbyterian Church of Grapevine. The crash occurred on a Sunday night as the driver of a 2006 Ford Focus lost control of the Ford Focus he was driving, and it flipped before hitting the church sign. The driver was held by Grapevine police suspicion of intoxication manslaughter.

In April of 2008, SMU student China Stone was lying on her sofa when Brian Adams, a neighbor, drove his SUV through the front entrance of Stone’s residence. The crash threw Stone’s body from the sofa and pinned Stone against the wall. Stone was hospitalized as a result of the incident while police arrested Mr. Adams for suspicion of intoxication assault.

Montes Law Group, P.C.

Rachel Montes

1121 Kinwest Parkway, Suite 100

Irvng, Texas 75063

Telephone: (214) 522-9401

Facebook @ Montes Law Group, P.C.