Blog Topic

Three Teenages Killed and Three Others Seriously Injured In Crash In Denton
January 06, 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.

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TWO MEN DIE IN ROLLOVER ACCIDENT
September 25, 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.

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MAN DIES FROM INJURIES AFTER BEING EJECTED FROM CAR
September 25, 2009

Kent Powell (27) of Decatur man was ejected from a Corvette Saturday in a crash in Watuaga died Wednesday. Police said the driver lost control of the vehicle and hit a telephone pole at about 1:45 a.m. in the 6200 block of Chapman Road. The driver, who was not identified, was taken to a hospital where he was treated and released shortly after.

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.

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THREE KILLED IN NATIONAL GUARD HUMVEE CRASH
September 25, 2009

A National Guard Humvee went airborne on a Texas interstate Wednesday and vaulted into an oncoming lane, triggering a six-vehicle crash that killed a soldier and two other drivers. The Humvee was traveling southbound in the rain on Interstate 35 in the small town of Troy about 11 a.m. when it went airborne, cleared the center barrier and slammed into the oncoming car and an 18-wheeler. The 18 wheeler then crashed into a truck towing a trailer, and then into a garbage truck.
Troy police Sgt. David Lowry told the Temple Daily Telegram that the driver of the Humvee has been identified as Altha Gibson, 21, of DeSoto; the driver of the tractor-trailer rig as Donald Johnson, 44, of Burleson; and the driver of the car as Douglas Ashcroft, 41, of Austin.

Although the specific reasons for the crash have not been released, this case is an important example of why it is important to promptly seek legal advice. In a case where an automobile accident is caused by a member of the military while that person is on-duty, the law imposes a number of unique requirements for the case. While there is still a 2 year statute of limitations, any person who desires to make a claim under the Federal Tort Claims Act for personal injuries or property damage will actually have to make that claim against the United States of America. In addition, it is required under the Federal Tort Claims Act that the person making the claim give written notice of the claim to the appropriate branch of the federal government. The form of the notice is very specific and the details of the notice letter must be provided in a particular and specific detail or you lose the ability to make your claim or to even file a lawsuit for your damages. For this reason, anytime you or a loved one is involved in an accident against any governmental entity, you should immediately contact a lawyer and make sure that the proper notice of claim is given so that your rights are protected.

Contact Rachel Montes or Tom Herald at Montes Herald Law Group, LLP to discuss your case.

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Fort Worth Bus Accident Kills 1 and Critically Injures Two
July 22, 2009

A Fort Worth Bus (The T) crashed Tuesday on the eastbound side of Loop 820 at Mark IV Parkway, about a quarter mile west of Interstate 35W. The wreck involved 4 vehicles, all of which caught fire in the collision, including a MITS bus from the T's Mobility Impaired Transportation Service and a blue dodge pick-up truck.

Fort Worth Transportation Authority operations manager Tony Johnson said, "It's our understanding that a vehicle stopped in front of the van. The van may have hit the other vehicles, which probably caused the vehicle to catch fire."

One person was killed in the collision and two others were critically injured and transported to Parkland Hospital in Dallas. Two people who were non-critically injured were taken to a Fort Worth Hospital. Another person, whose identity has not been released, was treated at the scene and release.

If you have been injured in an automobile accident anywhere in the Dallas Fort-Worth metroplex, you need lawyers on your side who will investigate the issues not only of the wreck. This is particularly the case anytime a government-owned vehicle such as a bus is involved in the collision. In those cases, while you have two years to file a lawsuit, you must provide written notice of your claim much sooner (usually within 6 months of the date of the wreck) to the proper governmental agency. If you fail to provide the proper written notice in a timely manner, then you will lose your right to file a lawsuit later. At Montes Herald Law Group, LLP, our attorneys aggressively investigate cases to preserve evidence of the other party's responsibility and of your pain and suffering, medical expenses, lost wages, punitive damages and other damages that you are entitled to recover by law. Contact Rachel Montes or Thomas Herald at (214) 522-9401 to get a free case evaluation today, and visit our website at www.MontesHerald.com to learn more about our firm.

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ONE KILLED, ONE INJURED IN HEAD-ON COLLISION
July 21, 2009

One person was killed and two were injured in a head on collision at about 7:30 p.m. Sunday in Weatherford. , Weatherford police say that the truck traveling westbound in the 500 block of West Foruth Street crossed over into oncoming traffic and struck head-on into a van that was traveling eastbound. The driver of the truck died at the scene. PHI Air Ambulance transported the driver of the van to Harris Hospital in Fort Worth while the passenger of the van was treated and released. A third vehicle was clipped by the truck after it struck the van, but the driver was not injured. The cause of the crash is currently under investigation.

If you have been injured in an automobile accident anywhere in the Dallas Fort-Worth metroplex, you need lawyers on your side who will investigate the issues of the wreck. At Montes Herald Law Group, LLP, our attorneys aggressively investigate cases to preserve evidence of the other party's responsibility and of your pain and suffering, medical expenses, lost wages, punitive damages and other damages that you are entitled to recover by law. Contact Rachel Montes or Thomas Herald at (214) 522-9401 to get a free case evaluation today, and visit our website at www.MontesHerald.com to learn more about our firm.

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Tollway Officials Slow to React To Wrong Way Drivers
July 14, 2009

In a news story that aired on CBS 11 Dallas, reporter Bennett Cunningham did a follow up on the recent rash of fatality, head-on collisions that have been occurring on the the Dallas North Tollway over the past few months.   While the Tollway indicates it is continuing to investigate these accidents and to look for ways to improve safety, CBS simply drove the tollroad and found road signs that were obscured by trees, roadsigns that were so faded that they were no longer reflective, and road signs that could not even be seen by motorists due to the location and placement of the signs.   In addition, the story also highlighted that studies have shown that if "Wrong Way" and "Do Not Enter" signs are lowered closer to the roadway, driver's are more likely to observe these signs, and that where such signs have been lowered, there has been about a 20 percent reduction in wrong-way, head-on collisions.  

 We encourage you to visit the CBS website to read the full story and to watch the video of the story CBS aired as like so many other corporations, safety seems to be more important to corporations when their conduct is publicized.

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Another Fatal Head-On Collision Involving a Suspected Drunk Driver on the North Dallas Tollway
June 03, 2009

In what is becoming an all-too-common occurrence as of late, Carl Lotspeich was killed in a head-on collision on the North Dallas Tollway when his vehicle was struck head-on by a vehicle driven by Jenny Hall of Dallas. Mr. Lotspeich worked in sales at LG Corporation and devoted some of his free time to charities.

Although official toxicology reports have not been finalized, police say there are indications that Jenny Hall had been drinking prior to the collision. Police point to the fact that she drove approximately four miles going the wrong direction on the tollway In addition, Sgt. Robert Bernard of the Texas Department of Public Safety reported that police found beer bottles in her Jeep Cherokee, as well as beer bottles at her apartment. Ms. Hall did not survive the collision either.

As the Montes Herald blog has been reporting, this now makes the third deadly tollway crash caused by a wrong-way driver this year.

On May 10, a 16-year-old girl was killed after a driver heading the wrong way in Frisco crashed into her vehicle. On April 8, an independent contractor for The Dallas Morning News was killed after driving the wrong way in North Dallas. In addition, the Dallas Morning News reports that

"At least 10 other tollway crashes caused by drivers going the wrong way have been recorded in the last two years, including two that involved fatalities."

But state officials and outside experts say there is a troubling common element in the crashes that has nothing to do with the design of the 33-mile expressway.

"I reject the assertion that the configuration or the signage on the tollway contributes to the issue," said Sherita Coffelt, spokeswoman for the North Texas Tollway Authority. "The issue is drunken drivers."

In response to these crashes, the Department of Public Safety has indicated, "We're aware that here has been a spike in incidents, and we've increased our patrols accordingly," agency spokesman Tom Vinger said. "I don't know that it would be typical for somebody without some type of impairment to go the wrong way on a freeway, whether it was a toll road or a freeway."

Additional measures are being considered by Tollway officials to help reduce the risk of these incidents. These measures include ideas employed in other states such as lowering signs that read "Do Not Enter" and "Wrong Way" from their usual height and evenusing automated signs that notify drivers of traffic ahead could also be used to warn them of an oncoming wrong-way driver. However, the automated signs often cannot be activated fast enough to alert approaching drivers."

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 Mr. Lotspeich's family and friends. Drunk driving collisions are completely preventable, but sadly Texas leads the nation in not only drunk driving accidents, but also deaths caused by drunk drivers. See our blog post "Drunk Driving In Texas" for an overview of some statistics regarding drunk driving. 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 the police investigation is limited by the fact that the drunk driver is killed in the collision. Therefore, they no longer have to be as concerned about gathering and preserving evidence since it is unlikely that anyone will be criminally prosecuted. As a result, evidence concerning where the driver had been drinking is often not collected at all, and is eventually lost because an investigation was not initiated immediately after the wreck. Likewise, the police may not even attempt to find out if the drunk driver was drinking at a company function that could result in holding an employer responsible for your loss. In addition, very few people realize that settling with the insurance company for the drunk driver can negatively effect or eliminate the ability to hold the bar that over-served alcohol or an employer that permitted a drunk employee to drive in a company car accountable.

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 drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website 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 all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

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Little Elm Teenager killed in Head-On Collision on the Dallas North Tollway
May 26, 2009

In what is becoming all-too-common occurrence, yet another person has been tragically killed in a late-night, head-on collision on the Dallas North Tollway. This time, 16-year-old, Kara Taylor of Little Elm, was killed in Frisco early Sunday morning when according to police authorities, Mariza Martinez headed the wrong way on the Dallas North Tollway crashed into the vehicle she was driving.

The crash occurred near the Main Street exit of the Dallas North Tollway around 12:28 a.m. Sunday morning, Mother's Day, as Taylor was returning home after attending a concert with friends. As of this time, police were still trying to determine if charges would be filed against Martinez after creating a digital map of the scene of the accident, and after they review results of toxicology tests. The Montes Herald Law Group, LLP utilizes experts to investigate and to re-create some of the accidents that our clients are involved in to show how the collision actually took place and to show that the collision is much more than an "accident." that other factors such as alcohol play a significant role in the cause of deadly accidents.

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High-Speed, Head-On Collision on the Tollway Kills 1
May 26, 2009

Dallas Police release information that Darian Carter, a contractor for The Dallas Morning News, died after making a U-turn and heading the wrong way on the Dallas North Tollway. Police estimate that Carter's vehicle was approximately 80 mph when it struck a silver Toyota Scion. The other driver's identity has not been released, but he is reportedly undergoing surgery at Parkland Memorial Hospital. When accidents like this happen, it is imperative to do an early and thorough investigation. The Montes Herald Law Group, LLP utilizes specialists such as accident reconstructionists, biodynamic experts, and other special experts to prove their clients' case early and effectively, so that no stone is left unturned in your personal injury case.

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