McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball

October 4, 2009

Survivor mourns sisters’ deaths after expressway rollover

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The Monitor

PHARR — The two vehicles paced each other as they headed north along Expressway 281 just before dusk Monday.

Esther Hernandez rode in the front passenger seat while her twin sister, Mary, was behind the wheel. Their brother, Raul, and their kid sister, April, sat in the back. The family was headed to Esther’s apartment in Edinburg.

But suddenly, Esther told her sister to watch out for the red Chevrolet that crossed into their lane. Mary swerved to the right, then left, then right again before losing control of the white Ford Explorer.

“We just started flipping,” the 20-year-old Esther said Thursday afternoon. “It was just so fast — up and down, up and down — until we landed.”

Raul called out for Esther. And Esther screamed for her twin sister.

“She wouldn’t answer,” Esther said. “There was blood on the street. I saw my baby sister in the middle of the expressway.”

Esther crawled out of the mangled SUV and ran to check on April.

Other motorists stopped to help them. The fifth-grader was able to nod and wiggle her fingers, they told Esther. The little girl seemed OK.

But the driver of the red Chevrolet was nowhere to be seen, Esther said.

Pharr police said Mary died on impact. April was not OK after all and succumbed to her injuries as an ambulance took her to McAllen Medical Center.

“I don’t know what she was doing,” Esther said of the other driver. “She left. She didn’t stop.”

Esther and her 16-year-old brother came out of the crash with relatively minor scrapes and bruises.

The past week has been a bloody one on Hidalgo County roads. In addition to the Hernandez sisters, three others have died in auto wrecks, including a father and daughter killed Friday and a woman who was killed in a head-on collision on Sept. 26.

The worst can happen when drivers are careless on the highway, said Trooper Johnny Hernandez, a local spokesman for the Texas Department of Public Safety.

“It’s people not paying attention,” he said of the driver who left the scene of the crash that killed the two sisters. “They’re not paying attention to their destination. They’re not paying attention to their driving.”

The driver of the red Chevrolet car that presumably caused Monday’s wreck turned herself in at the Pharr Police Department late Tuesday evening, investigators said. Police have withheld her identity and continue to investigate the crash.

“She admitted that she was the (driver of the other) vehicle, because she was there,” Lt. Guadalupe Salinas, a Pharr police spokesman, said last week.

Whether she will face any charges and what they may be remain to be seen.

“I would want at least for the cops to do something,” Esther said. “She caused the accident. Why would she run and not try helping us? It was her fault.”

Authorities regularly cite drivers for reckless driving and other traffic violations that could otherwise result in what occurred along the expressway at the Nolana exit Monday, Hernandez said. Drivers cited for reckless driving typically say they weren’t paying attention.

“We get distracted with our cell phone, with our radio, eating, whatever,” Hernandez said. “It’s something where these distractions need to be avoided.”

On Thursday, the family of the two dead sisters greeted hundreds of mourners who gathered to pay their last respects at an open-casket wake.

Esther described her twin as “always friendly” and “a friend to everyone.” April, their younger sister, was “super strong” and a proficient student.

“She hadn’t even experienced anything,” Esther said.

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Jared Taylor covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4439.

September 27, 2009

Pharr woman dies in head-on collision

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The Monitor

ALTO BONITO — A Pharr woman died in a head-on collision here on Expressway 83 early Saturday morning.

Julia Reyes, 53, and her husband were traveling east about 6:18 a.m. when a Chevrolet pickup traveling on the wrong side of the road collided with them, said Johnny Hernandez, a spokesman for the Texas Department of Public Safety. Reyes’ husband was taken to McAllen Medical Center and treated for multiple injuries. He was listed in stable condition late Saturday.

The driver of the Chevrolet pickup was taken to Rio Grande Regional Hospital in McAllen and treated for abdominal pains. The vehicle’s three passengers sustained only minor cuts.

Police are waiting for the results of a blood test to determine if the truck’s driver, Reynosa resident Miguel Aleman, was intoxicated.

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Nick Pipitone covers McAllen and general assignments for The Monitor. He can be reached at (956) 683-4446.

May 3, 2009

Wrongful Death Suits in Texas

Personal injury from accidents and negligence can cause severe injury and sometime result in death.  The loss of a loved one can be even more difficult to cope with when this person’s life is taken unexpectedly and the cause of you loved one’s death might have been prevented.  Regardless of whether the loved one’s death was caused by an 18 wheeler accident, another person’s negligence, car wrecks, or any other type of injury related incident, you have the right to be compensated for the pain and suffering you must endure as the result of your loved one’s wrongful death.

Wrongful death suits are civil actions which allege another person or company is responsible/liable for causing the death of your loved one by some type of negligent action or inaction.  That negligent action or inaction must have been foreseeable and caused the death.   In the lawsuit it must be proven that the death would not have occurred but for the negligence of the person(s) being sued.   However, not every accidental death case results in a lawsuit.  To fully understand your rights to obtain compensation for your loved one’s pain and suffering before death, a lifetime of lost earnings, medical expenses , property damage, death, loss of consortium (spousal services) and/or punitive damages, you should discuss your case with an experienced personal injury attorney.

In order to received compensation from a wrongful death suit, you must be a surviving spouse, next of kin, or child(re) of  the deceased.  Wrongful death cases include economic awards for the financial contributions which the decedent would have made to the surviving spouse, children and/or parents had he or she survived.  If your wrongful death suit is successful, you may be able recover medical and funeral expenses, as well as compensation for economic support you could have received.  In some cases you be able to received compensation for your grief or even your loss of companionship.

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