Trevino Injury Law Announces Wrongful Death Claim Resolution to Controversial Pedestrian Vs. Commerical Vehicle Accident

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Insurance company pays out policy limit settlement to pedestrian killed by commercial vehicle despite failing to yield the right of way to a vehicle.

Personal Injury Lawyer Candelario Trevino
After several law firms told the Davalos family they did not have a case, personal injury attorney, Candelario Trevino of Trevino Injury Law, agreed to investigate the matter further.

An undisclosed insurance amount was paid as settlement to the family of deceased, 21 year old Michael Blaine Davalos, of Frio County Texas, for the accidental commercial vehicle death occurring in 2012 regardless of the police report putting fault on the deceased for “failing to yield the right of way to a vehicle.”

Personal injury attorney, Candelario Trevino of Trevino Injury Law, in San Antonio, Texas filed suit on March 3, 2014, in the 37th District Court of Bexar County, Texas. The name of the case is Cause No. 2014-CI-03381; Jessica Davalos et al v. Camino Real Ambulance Inc., et al.

On June 12, 2012, at about 2:00 am, Michael Blaine Davalos was walking across IH 35 South, in Moore, Frio County, Texas, when he was struck by a commercial vehicle. Mr. Davalos died from his injuries. He was 21 years old, a beloved son, brother, and grandson.

Texas Department of Public Safety investigated the accident. The police report reflects the accident was Mr. Davalos’ fault for a “pedestrian failing to yield the right of way to a vehicle” and that Mr. Davalos was intoxicated at the time of the accident.

After several law firms told the Davalos family they did not have a case, personal injury attorney, Candelario Trevino of Trevino Injury Law, agreed to investigate the matter further. The Trevino Injury Law investigation revealed that the driver of the commercial vehicle had worked 17 consecutive hours prior to the accident and was driving while fatigued.

Moreover, the investigation determined that Mr. Davalos had crossed one complete lane before being struck attempting to cross the second lane, thus all approaching vehicles should have been able to see Mr. Davalos in the roadway.

Trevino Injury Law filed a wrongful death law suit alleging the driver of the commercial vehicle: failed to keep a proper lookout, failed to yield the right of way to a pedestrian already in the roadway and operated a vehicle while dangerously fatigued.

The suit also alleged the driver’s employer was at fault for: instituting policies that facilitated fatigued drivers on public roadways, creating dangerous conditions on public roadways, negligent supervision of its employees, and negligent training of its employees.

Immediately after the suit was filed the insurance carrier for the commercial driver and his employer agreed to pay the Davalos family the entire policy limits of all the applicable insurance policies. The amount of the settlement is confidential. The Davalos family is relieved that the truth finally came out and can now begin the healing process.

Trevino Injury Law is a personal injury firm specializing in auto accidents, wrongful death cases, animal attacks, defective products, and wrongful foreclosures. Many of the personal injury attorneys advertising as “trial attorneys” rarely step in a courtroom, much less ever try a case. Trevino Injury Law has a history of taking hard cases to trial and winning. Frankly, our trial experience speaks for itself. Visit http://www.TrevinoInjuryLaw.com

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Candelario "J.R." Trevino
Trevino Injury Law
since: 06/2013
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