Christopher Garcia Killed in Lubbock, TX, Hit-and-run Accident
Lubbock, TX -- January 14, 2017, Christopher Garcia was killed due to an accident in which Raul Elizondo allegedly hit him and fled the scene.
Officials from the Lubbock Police Department were called to the scene of the accident at around 1:30 p.m. It took place at the intersection of 57th Street and Vicksburg Avenue, just outside Williams Elementary School.
According to police reports, two juveniles near the scene were in an altercation, and a crowd had gathered around them. 39-year-old Elizondo was driving through the scene in a white SUV. Authorities say the SUV ran into 29-year-old Garcia, inflicting critical injuries. Elizondo then fled the scene of the accident.
Garcia was taken to University MEdical Center with serious injuries. He eventually died the day after the incident.
Police were able to locate Elizondo that Sunday and arrested him. He is currently being charged with a felony county of failure to stop and render aid.
At this time, no further details have been reported.
Map of the Area
There are an unfortunate number of hit-and-run accidents out there, and it's at least good to see that the police have a suspect in custody for this accident. However, it's important to remind people that someone being charged or even convicted in connection with an accident does not automatically mean the victim and their family will be compensated. The truth is that the burden falls upon the victims to pursue their own compensation, and it's often not easy.
Criminal charges and civil suits are two entirely separate areas of the law. While someone may be facing a charges relating to a crash, such as intoxicated driving, manslaughter, or failure to stop and render aid, that doesn't mean they will automatically be placed at fault in a civil court. If that driver has insurance, then the insurance company is still going to do whatever they can to try and avoid liability.
The fact that the other driver is facing charges certainly doesn't help an insurance company's case, but that doesn't stop them from placing some of the fault on the victims themselves. By trying to convince a jury that the victim was complicit in their own injury or death, they hope to mitigate their losses as much as they can. They're counting on the fact that victims, their families, and an inexperienced attorney might be intimidated by these tactics and settle for less compensation than is deserved. But there are ways to overcome these obstacles
By ensuring that thorough investigations are conducted, victims and their families can have at their disposal a body of irrefutable evidence. With that evidence, they can prove beyond doubt who was at fault for the accident. If the insurance company realizes that their shoddy excuses won't hold up in court, then they will readily give the victims and their families the compensation they deserve.
Those who don't realize the difficulties they may face or are simply not prepared for them may find themselves at a disadvantage when dealing with insurance companies. No matter what the accident, an extensive, independent investigation and the support of experienced professionals is an effective method in ensuring that insurance companies don't tip the scales in their favor. That way, those affected by the accident can even the odds and work towards a fair resolution.
--Grossman Law Offices