Auto Accidents: Drunk Driving

For the third time, Barbara Tatum of Farmers Branch, has had a car crash into her house. This time, the car crashed through her wall as she was working on her computer. Ms. Tatum said she considers herself lucky to be alive because she had just left the portion of the house where the car crashed through the wall.

Police said the driver apparently lost control of the car, clipped the garage of another home, struck a tree and then smashed into the Tatum’s home. No information was available on whether the driver was under the influence at the time of the incident as is often the case in these types of incidents. The Farmers Branch police issued a citation to the driver for “failure to maintain control,” a Class C misdemeanor.

Ms. Tatun previously had a a motorcyclist crashed in her yard and another driver crashed his car into a different room in her home. She asked the city to put speed humps in the area, but said her request was denied. Now, she says she is going to request a stop sign.

At Montes Herald Law Group, we offer a free consultation with an experienced attorney to discuss your case. We take cases on a contingency-fee basis. This means that unless we get a recovery for you, you owe us no legal fees or expenses. Call (214) 522-9401 to speak to Rachel Montes or Thomas A. Herald at https://www.monteslawgroup.com/ today.

A year and a half after the June 8, 2008 crash that killed Meredith Hatch and Michael Alfaro, Kenneth Bain finally pleaded guilty Bain pleaded guilty to two counts of manslaughter. Bain failed a sobriety test at the scene and was charged with intoxication manslaughter. Police suspect that Bain was under the influence of both alcohol and marijuana at the time of the incident.

Kenneth Bain was sentenced to only two years in prison, followed by 10 years of probation and more than $5,000. As a condition of probation, Bain cannot consume alcohol and must participate in 320 community service hours and substance abuse education. As part of the 10-year probation, he must spend 18 days each year in jail. Those days include 10 days at Christmas, 4 days at Hatch’s birthday and four days at Alfaro’s birthday. Lewis also ruled that when Bain is released from prison, the court will assess restitution that Bain must pay to the victims’ family. Relatives of the victims said they believe Bain deserves more jail time for what happened. “Two individuals were killed because of bad choices, not because of just an accident,” Sherman Hatch told reporters outside of court.

Sherman Hatch, the surviving husband of Meredith Hatch was obviously upset and frustrated with the punishment and expressed his concern about the inequity of the situation. “It just doesn’t seem very fair, just two years for two deaths. Smoking pot and drinking all night long, that’s how the deaths resulted — I guess is what’s the most insulting, hurtful, frustrating part of this whole thing.”

At Montes Herald Law Group, LLP, we aggressively pursue cases against drunk drivers. We are also a supporter of MADD. We are currently working on trying to get support for new legislation to help prevent or to reduce drunk driving crashes by targeting persons who are currently on probation for alcohol and drug related offenses. Like Mr. Bain, people who are convicted of these offenses, as a condition of their probation are usually ordered not to purchase or to consume alcohol. However, providers of alcohol have no way of knowing that these offenders are not permitted to purchase or to consume alcohol. As part of our proposal, we are trying to encourage the Texas legislature to develop a new driver’s license and identification card profile for any person who is on probation for a drug of alcohol offense or any who is seeking an occupational license due to an alcohol or drug related offense. The new license or identification card would display a profile so that so that providers of alcohol would be able to see the person is not permitted to purchase or to consume alcohol.

If you or a family member are a victim of a drunk driver, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free, no obligation case review, or visit our website at www.MontesLawGroup.com for more information about our attorneys and our firm. We are located in the Irving, Texas in the Dallas Fort Worth Metroplex. We handle drunk driving cases across the State of Texas.

On September 17, 2009, Holly Harding (23) became the 7^th victim of a wrong-way driver in 2009 on the Dallas North Tollway. Once again, the accident involved the same two factors:

• The crash took place late at night or early in the morning. This crash occurred at approximately 3:00 a.m.
• The wrong way driver, Isidoro Camacho (47) has been charged with driving while intoxicated (DWI). According to Sherita Coffelt with the NTTA, every wrong-way wreck this year has involved an impaired driver. “Wrong way driving, the only common denominator is drunk driving. That’s, that’s what we’re looking at and it’s been the same with wrong way accidents publicized across the nation.”

In addition to the DWI charges which could be changed to charges of Intoxication Assault, Isidoro Camacho may also be charged with driving without a valid driver’s license.

This wreck occurred in the southbound lanes of the tollway where Mr. Camacho was traveling northbound in the southbound lanes. Both vehicles were heavily damaged in the crash. As a result of the crash, Holly Harding was injured and was transported to Parkland Hospital. Fortunately, Ms. Harding survived the crash unlike most of the other people that were struck head-on by drunk drivers.

Montes Herald Law Group, LLP certainly hopes that you and your family are never involved in a head-on collision such as this or struck by a drunk driver. In cases such as this one, if you or a loved one has been injured or killed by a drunk driver, it is very important that you seek competent legal representation immediately to make sure that a thorough investigation is performed, to ensure that evidence is preserved, and to hold all of those involved with the incident accountable to the fullest extent allowed by law.

Many people assume that in cases such as this that it is easy to hold those legally responsible accountable for their actions or that the insurance companies involved will quickly pay this type of claim. However, often times not only is the drunk driver legally responsible for the crash, but so is the bar that served alcohol to the drunk driver to the point that he or she was obviously intoxicated. However, because the focus of the police is on the crash and not where the drunk driver was served alcohol, the police may not even attempt to gather that evidence.

We strongly recommend that if you are the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Law Group, P.C. to discuss your case and to understand your rights. We are experienced and qualified attorneys.

Ana-Maria Landa (53) was pronounced dead at the scene of the wreck. The crash happened around midnight in the 800 block of Interstate 35E, near the intersection with Fox Avenue in Lewisville, Texas. Ana-Maria Landa’s sports utility vehicle was rear-ended by a pickup truck driven by Larence Carter (31). Larence Carter’s Chevrolet Avalanche struck the back of the Isuzu SUV driven by Landa. As a result of the impact, Landa’s SUV went off Interestate 35E and across the service road, and then the embankment of the Fox Avenue overpass where it struck the underside of the bridge structure. Mr. Carter reportedly only suffered minor injuries, but was arrested for intoxication manslaughter.

We strongly recommend that if you or your loved one is the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website https://www.monteslawgroup.com/ for more information about our attorneys, our practice areas, and they way we approach cases such as this.

While we are located in Irving, Texas, we handle cases against drunk drivers in Lewisville, Coppell, Denton, Corinth, Lake Highlands and all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother’s Against Drunk Driving (MADD).

A Keller teenager is accused of going on a rampage with his truck, ramming three cars early Sunday and attacking another. According to the Star Telegram, witnesses say Emilio Fernandez (18), pulled up behind them and struck them with his truck before targeting his third victim, a woman in a Ford in a nearby parking lot. He smashed into the driver’s side door and was then detained by a security guard. Fernandez is expected to be charged with three counts of aggravated assault with a deadly weapon and one count of driving while intoxicated.

Police have not released information on how a teenage came to be intoxicated. Under Texas law, it is illegal to sell or to serve alcohol to a person under the age of 21 years of age. In fact, when it comes to alcohol, a person under the age of 21 is considered to be a “minor.” However, far too often bars and restaurants will neglect their responsibilities to card young customers or they will even sometimes knowingly serve someone they know is under the age of 21. There is a strong public policy in Texas and across the nation against selling and serving alcohol to minors because we all recognize that these people are not ready to deal with the alcohol in their system, and that if such a person becomes intoxicated, the risk of an event that causes serious injury or death is substantially increased.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Plano, Fort Worth (Tarrant County), Dallas and throughout Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field.

A 12 year Dallas police officer was arrested in Plano on suspicion of driving while intoxicated and leaving the scene of a wreck in which a person in another vehicle was hurt. Senior Cpl. David Aguilar, 35, faces charges of driving while intoxicated and failing to stop and render aid, according to a Plano police report. As is typical with many drunk driving accidents, the wreck happened at 12:53 a.m., near the intersection of Custer Road and Plano Parkway. The extent of the injuries of the other driver involved in the wreck is not clear. About an hour later, Plano police stopped Aguilar approximately 5 miles from the scene of the wreck driving a 2008 Toyota Tacoma pickup.

Drunk driving is clearly a problem in Texas. Texas has led the nation in drunk driving wrecks for the past 2 years. Texans need to continue to push for harsher punishment of drunk drivers to deter this behavior. In addition, Texans need to hold the bars and servers who provide alcohol to customers accountable when a customer they served alcohol to the point that the customer becomes intoxicated because these bars know that these customers will eventually be driving drunk, and the risks this behavior creates for the public and for the customer.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Plano, Fort Worth (Tarrant County), Dallas and throughout Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field.