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James Giraldo, now 27, is the drunk driver who killed Juliana Rincon-Cuartas while driving the wrong way on the Dallas North Tollway on October 4, 2008. Giraldo had been drinking at a bar and ended up heading north in the southbound lanes of the tollway, ultimately slamming into another car head-on. Rincon-Cuartas was a passenger in that car, and as a result of that impact, she died. Giraldo's blood alcohol level was .18 three hours after the crash.
On Friday he was finally sentenced to 20 years in prison, the maximum penalty possible.
He pled guilty to manslaughter and asked the Dallas County jury for leniency. However, the jury was not very sympathetic considering he was also arrested for DWI last August, while out on bond.
Drunk drivers in Texas threaten the safety of everyone on or near our roads. There is no excuse for drunk driving in Texas or any state. Nationally, more than half a million people are injured in alcohol-related crashes each year. Every 31 minutes, someone dies in an alcohol-related crash.
Drunk driving accidents can cause terrible injuries and wrongful death. The responsible party, the driver who drank and drove, must be held financially accountable for the damages he or she has caused. In many cases, the owner of the car that allowed the drunk to drive the car can also be held responsible as well under a theory of negligent entrustment. Some of the worst automobile accidents are caused by drunk drivers.
If you or your family member are injured by a drunk driver, contact the experienced Houston Drunk Driving Injury Lawyers of SMSH immediately so we can aggressively represent you. Our experienced, aggressive drunk driving injury attorney Jonathan Harris is Texas board certified in personal injury trial law.
A wrongful death and negligence lawsuit has been filed against a teenager and his parents over a November vehicle accident that killed a high school sophomore.
Suit was filed against the driver of a pickup truck the sophomore was a passenger in when it rolled over and the driver's parents.
The suit alleges the parents are also responsible for letting their son drive their 2004 Silverado pickup, despite allegedly knowing he was an unsafe driver. This lawsuit alleges that at the time of the wreck, the driver had a limited driver's license permitting him to have no passengers in any vehicle he drove except for an adult relative.
In the criminal case, the driver acknowledged he was neglectful, driving 62 mph in a 25 mph zone, and that his neglect resulted in the death and another passenger's injuries, which included a fractured vertebrae and internal bleeding.
If you or someone you care about have been injured or killed in an automobile accident, please contact SMSH attorney Jonathan Harris at (800) 282-2122. Mr. Harris has handled thousands of cases dealing with automible accident injuries.
A judge has ordered automaker Jaguar Land Rover to pay $21.1 million to a man who was paralyzed when his Land Rover Discovery SUV rolled over several times after a collision on the freeway.
Listed among the reasons for the decision were the vehicle's high center of gravity, which made it susceptible to rolling over, and its roof collapsed too easily. These two problems caused the injured man to suffer a debilitating spinal cord injury, permanently lost the use of his arms and legs, and now lives with his parents and three children, who provide him constant care.
If you or someone you know has been injured in a car accident involving a rollover, please contact Jonathan Harris or AJ Rosenfeld at (800) 282-2122 for a free evaluation of your case.
Senators John Kerry and Arlen Specter today introduced a bill intended to protect the blind and other pedestrians from injury or death as a result of silent vehicle technology. The Pedestrian Safety Enhancement Act of 2009 requires the Secretary of Transportation to conduct a study on how to protect the blind and others from being injured or killed by vehicles using hybrid, electric, and other silent engine technologies.
Because blind pedestrians cannot locate and evaluate traffic using their vision, they must listen to traffic to discern its speed, direction, and other attributes in order to travel safely and independently. Other people, including pedestrians who are not blind, bicyclists, runners, and small children, also benefit from hearing the sound of vehicle engines. New vehicles that employ hybrid or electric engine technology can be silent, rendering them extremely dangerous in situations where vehicles and pedestrians come into proximity with each other.
"The National Federation of the Blind appreciates the wise and decisive action taken today by Senators Kerry and Specter to preserve the right to safe and independent travel for the blind," said Dr. Marc Maurer, President of the National Federation of the Blind. "The blind, like all pedestrians, must be able to travel to work, to school, to church, and to other places in our communities without being injured or killed. This bill will benefit all pedestrians for generations to come as new vehicle technologies become more prevalent. The blind of America will do everything in our power to ensure its swift passage."
If you or someone you know has been injured due to the failure of a vehicle to make appropriate noise, or in any automobile-pedestrian accident, please contact Jonathan Harris at (800) 282-2122.
A new education program aimed at increasing awareness of the dangers of distracted driving is now available in Southwest Florida. The program -- offered by "Stay Alive... Just Drive!" and its founder, retired Fort Myers-area paramedic Jay Anderson -- is available for purchase or for presentation to non-profit and other groups as an educational resource.
"It's a very comprehensive presentation aimed at raising the awareness of distracted driving in all forms," said Anderson, who likens distracted driving to driving while impaired by alcohol or other drugs.
Anderson is supporting Heather's Law -- Florida Senate Bill 172, which will be debated in the upcoming spring session of the Florida legislature -- which would make it illegal to talk on the phone or text message while driving.
"Results of various studies have proven the dangers of distracted driving and obviously people are not going to make an attempt by themselves," said Anderson of the law. If passed, Florida would join half-a-dozen states with similar restrictions. A 2006 study of 100 drivers by Virginia Tech Transportation Institute found driver distractions are the cause of 80 percent of vehicle crashes and 65 percent of near misses.
There are things you can do to protect your rights if you or someone you love has been seriously injured or killed in a car accident or other traffic collision. SMSH offers free appointments to discuss your case both over the phone and in person. We routinely handle cases where crashes have been caused by distracted drivers and urge motorists to pay attention to the road for their own safety and the safety of those around them.
See also "My Cell Phone is Killing Me."
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