Truck Jumps onto Car, Crushes Passenger’s Seat
Thursday, March 15th, 2012
A fatal car accident forced the closure of westbound State Highway 114 at Belt Line Road/635, causing hundreds of commuters to halt immediately and eventually divert to alternate routes.
These drivers, as well as others involved in similar accidents, often find out that being involved in the accident, being injured, trying to get their property damages to their vehicles repaired, or getting their cars replaced is just the beginning of the nightmare. It is important to realize that the insurance company has a different goal than you do in these situations. The insurance company is not concerned with whether or not you get paid in full. The insurance company simply wants to reduce its exposure to lawsuits and to paying claims.
What Should You Do If You Are Involved In a Crash?
If you are involved in an accident like this one, you need to get legal advice as soon as possible. In the case of a multi-car crash, it is essentially a race to get your claim paid. In these cases, the person at fault has a limit of insurance coverage. Once those funds have been paid, even if you have a valid claim, you are likely to find that there is no insurance coverage remaining to pay your claim and that the person who caused your wreck does not have enough personal assets to pay your damages.
In 1994, the Texas Supreme Court in the case of Texas Farmers Ins. Co. v. Soriano et al, 881 S.W.2d 312 (Tex. 1994) addressed the responsibilities of a liability insurance company when it is faced with a settlement demand arising out of multiple claims and inadequate proceeds, an insurer may enter into a reasonable settlement with one of the several claimants even though such settlement exhausts or diminishes the proceeds available to satisfy other claims.
It is essentially a first come, first serve rule. The first person to present a valid and reasonable demand is entitled to get paid even if other valid claims are known to exist. Depending upon the unique facts of the case, there are a number of specific requirements that have to be included in the demand to make it a valid demand. If the demand does not include these specific requirements, technically speaking, it is not a valid demand and the insurance company may be forced to pay other people’s claims before paying you. It may even exhaust the policy limits and have no additional funds to pay your claim if you delay or fail to present a valid demand. As a result, if you are involved in one of these multi-car crashes, you should run, not walk, to a lawyer to get immediate legal advice. Do not let yourself end up in a situation where you are victimized twice.
In addition, you need to make sure you report the accident to the police and notify your insurance company of the wreck promptly. You may have coverages under your policy – such as Personal Injury Protection (PIP), Medical Payments (Med Pay), and Uninsured/Underinsured Motorists (UM/UIM) coverages – that will pay for your damages, whether or not the person who is at fault is uninsured or underinsured (they do not have sufficient insurance coverage to pay for your damages).
Montes Law Group, PC.
Attorney: Rachel Montes
1121 Kinwest Parkway, Suite 100
Irving, Texas 75063
Telephone: (214) 522-9401
POLICE CHARGE DALLAS MAN WITH VEHICULAR HOMICIDE AFTER RUNNING A RED LIGHT
By Rachel E. Montes posted in Auto Accidents: Fatality Collisions on Thursday, December 30, 2010
NBC5 is reporting that Ezekwesiri Arukwe, of Dallas has been arrested on charges of vehicular homicide charges after police say he ran a red light while driving a truck loaded with steel pipe, killing the driver of another truck near Pittsburgh, Pennsylvania. The crash killed 55-year-old Kenneth Feldman of New Kensington. Feldman was driving a box truck that was hit head-on while it was in an oncoming turn lane.
ARLINGTON TEENAGER KILLED WHEN HE WAS KNOCKED OFF OF A BRIDGE
By Rachel E. Montes posted in Auto Accidents: Fatality Collisions on Wednesday, December 29, 2010
Clinton Young (18) of Arlington, Texas was killed Tuesday afternoon. According to police, Clinton Young was involved in an accident, and got out of his vehicle. As he was standing outside his damaged vehicle on the overpass, a second wreck occurred, knocking him over the railing and onto the freeway below. Young fell from a U.S. 287 ramp onto northbound East Loop 820.
Police have not indicated what may have caused the driver of the truck to cause the second accident. There is no information on whether the driver was distracted or on a cell phone. Whatever happened, it is important to remember that a huge number of drivers on the road are distracted while driving. This is such a sad story and such a tragedy. Our hearts and prayers go out to this young man and his family.
Remember that drivers are talking on cell phones, texting while driving, driving while intoxicated, putting on make up, eating, reading and doing a host of other things besides paying attention to the road. Remember that any time you are involved in a wreck or if you have to stop on a highway always try to get to a position of safety if at all possible. Never assume that other drivers will see you or your vehicle no matter how visible you are as too many drivers are simply not paying attention.
DEADLY CRASH ON I-20 KILLS TWO MEN
By Rachel E. Montes posted in Auto Accidents: Fatality Collisions on Wednesday, March 31, 2010
According to the Dallas County Medical Examiner’s office, James Funaro, (48) and Derrick Ellis (44) were killed early this morning when their car crashed on Interstate 20 just east of I-35E near near Houston School Road near the city limits of Lancaster. According to police, the crash occurred around 1:40 a.m. Police have said the cause of the crash is under investigation and have not indicated what caused the vehicle they were occupying to lose control, left the road and hit several trees, said Kim Leach, a spokeswoman for the Dallas County Sheriff’s Department.
Thomas A Herald
Montes Herald Law Group, LLP
1121 Kinwest Parkwest, Suite 100
Three Teenages Killed and Three Others Seriously Injured In Crash In Denton
By Rachel E. Montes posted in Auto Accidents: Fatality Collisions on Tuesday, January 5, 2010
Adrian Alvarez (18), and Fernando Cuevas, (19), and Jose Ramos (16), were all tragically killed in a violent crash just before midnight on New Yar’s day. In addition, three passengers, and the driver, were seriously injured in the crash.
The accident occurred at the Highway 380 exit along North Loop 288 in Denton. According to police, the teens died in a high-speed car crash when the driver of the car slammed into a traffic barrier along North Loop 288 while trying to elude police. A state trooper began a pursuit of the Ford vehicle the teenagers were occupying after radar showed the vehicle to be going approximately 78 mph. According to Rachel Enriquez, a sister of one of the occupants, the other teenagers urged the driver to slow down, but that the driver insisted if the cop was going to stop him, the cop would have to catch him. Enriquez’ sister Rachel was ejected from the vehicle and landed 15 feet from the car, breaking her leg. She was the only one conscious after the crash.
Toxicology reports are pending. If the driver is found to have been intoxicated during the crash, he could face criminal charges
Montes Herald Law Group, LLP certainly hopes that you are your family and friends never have to deal with the loss of a loved one like this. Whether the incident involves drunk driving, or just reckless driving, tragedies such as this are completely preventable. In cases such as this one, 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.
We strongly recommend that if you are 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 wrongful death cases and cases involving reckless driving and drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website http://www.montesherald.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 such as this in Dallas, Tarrant, Denton, Collin, Rockwall, Ellis, Hood, and Johnson County, as well as all across the State of Texas.
TWO MEN DIE IN ROLLOVER ACCIDENT
By Rachel E. Montes posted in Auto Accidents: Fatality Collisions on Thursday, September 24, 2009
John Farris (30) of Fort Worth, and another unidentified man died Thursday afternoon when a 2002 Acura rolled over in western Tarrant County, in a single-vehicle wreck at 10204 Confederate Park Road, also called Farm Road 1886. The Sheriff’s department indicated both men were ejected from the car and they were pronounced dead at the scene. The cause of the crash is still under investigation.
Rollover accidents kill thousands of people each year, particularly in cases where a person is ejected from the vehicle. However, often times it can be proven that the design or manufacture of the vehicle was unreasonably dangerous and that the vehicle could have been designed in such a manner as to reduce the risk of a rollover accident and thereby preventing serious injuries or death. Contact Montes Herald Law Group, LLP to discuss your case if you or your loved one has been injured or killed in a rollover accident.