David Anthony Reyna Killed in Edinburg, TX, Motorcycle Accident
Edinburg, TX -- January 9, 2017, David Anthony Reyna Jr. was killed following an accident where his motorcycle was hit by an SUV.
Officials from the Edinburg Police Department responded to the fatal accident scene around 2:00 p.m. They say it happened at the intersection of East Monte Cristo Road and Sunflower Street.
63-year-old Reyna was riding a motorcycle through the intersection when an SUV failed to see him in time to avoid an accident. The SUV struck Reyna's vehicle, ejecting him onto the roadway. He sustained fatal injuries, and emergency officials pronounced him dead at the scene.
The driver of the SUV, Linda Covarrubias, and a child from her vehicle were taken to a nearby hospital for treatment of unspecified injuries. Following preliminary investigations, Covarrubias is now facing charges of criminal negligent homicide. It's unclear whether or not she was arrested.
The accident remains under investigation.
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Considering the SUV driver is facing charges in this accident, a lot of people might assume this means that the victim's family will automatically be compensated for the accident. This actually isn't the case, and there are two issues which many might not consider. One, the victim was a motorcyclist, and two, a driver being charged does not always equal liability.
Any experienced car accident attorney will tell you that motorcyclists face an unfair bias in the world of personal injury and wrongful death law. The reason for this is because many people have a predisposition that all motorcyclists are dangerous drivers. This is a wholly unfair generalization, and our firm has represented many motorcyclists that prove this generalization wrong. Most motorcyclists are safety conscious drivers who are actually victims of the negligent drivers of vehicles anywhere from 4 to 40 times their size. Despite this, many people still hold a subconscious bias against motorcycle riders. It's something a lot of people ask us about, and our article below delves into it more specifically.
The second point, the misconception that criminal charges amount to automatic liability, is also something our firm commonly sees. Many people think that if another driver faces negligence charges or intoxication charges that they will automatically be compensated. They think that these charges alone will convince an insurance company to give them the compensation they deserve. The issue here is that criminal law and civil law are two entirely separate entities. The burden falls to the victims and their families to pursue their own claims. Even in the even that someone is convicted of a crime relating to an accident, this does not guarantee compensation.
Don't get me wrong; an at fault driver being charged after an accident is definitely beneficial to the victims' case. However, insurance adjusters will still try to avoid as much liability as possible in order to save money. Due to this, it is still necessary to present insurance companies--or a civil jury if need be--with tangible, irrefutable evidence from the scene of the accident. A criminal charge could help one's case, but it's just a piece of a much large picture.
Both of these issues are very commonly brought up when people contact us, and they're points that are necessary to clear up when possible. When victims and their families face complications in the compensation process simply because they didn't know any better, insurance companies have an unfair advantage in getting these victims less compensation than they actually deserve. By going into the post-accident process with all of the right information and preparation, those affected by car accidents even the scales when seeking to hold negligent drivers accountable for their actions.
--Grossman Law Offices