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McAllen Man Dies In Devastating Crash, But Who Is At Fault?

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  • Thursday September 8th, 2016
McAllen Personal Injury Lawyer

A 28-year old McAllen man passed away in the hospital soon after his sports car flew off the highway one afternoon in San Juan. Police estimate the speed of the car to have been 100 m.p.h. and suspect that the driver was taking inhalants at the time of the accident.

The driver was ejected from his vehicle’s back windshield after the vehicle hit the guardrail, rolled over, and then crashed into a palm tree. Witnesses saw the man fly out from the car and land on a nearby grassy area, according to an article by Kristian Hernandez of The Monitor.

Inside the vehicle where inhalants and whippets paraphernalia (N2O cartridges also known as “whippets” in street slang), which led the police to believe that the man was under the influence at the time of the crash. Ultimately, speed and possible driving under the influence were the reasons for the tragic accident.

First responders found the man unresponsive, and the hospital declared him dead. He was not wearing a seatbelt and there were no other passengers in the vehicle at the time of the incident.

Driving While Using Inhalants Is Still A Crime

The use of inhalants is listed within the Texas statute (Texas Statute Section 485.001, Abusable Volatile Chemical) as an abusable chemical and could constitute a DUI.

However, for a person to be guilty of a DUI-DWI, there must be proof that the inhalant was hampering the individual’s ability to drive.

Had the driver struck any other vehicles or pedestrians at the time of the accident, a McAllen personal injury attorney would have been able to hold him (or his estate) liable for the injuries or deaths that he would have caused.

In this instance, it was a single vehicle crash, and no other victims reported.

While there is no liability for this particular accident (or further injuries), it does bring up the issue of reckless behavior and how it plays a role in a motor vehicle accident claim with a McAllen personal injury lawyer.

Reckless Behavior And Motor Vehicle Accidents

Texas Transportation Code Chapter 545 defines the proper use of a motor vehicle, including proper passing, speed, etc. Reckless driving is a criminal offense under Section 545.401. If a reckless driver were to cause an accident, they could be held criminally and civilly liable for the injuries and damages associated with that accident.

Furthermore, reckless driving opens the door to punitive damages for a personal injury attorney. Therefore, an injured party would not only receive compensatory damages (i.e. medical costs, lost wages, pain, and suffering), but their McAllen personal injury attorney may seek punitive damages too.

Finding Help from a McAllen Personal Injury Lawyer

If you are the victim of a motor vehicle accident – whether a reckless or drunk driver is to blame or not – contact an attorney right away. Tijerina Legal Group is here to work as your accident advocate. Our team will ensure you receive the compensation for your damages and hold those responsible answerable for their actions.

Schedule a complimentary consultation now with a McAllen personal injury lawyer at 956-777-7777 or contact our staff online.

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