• February 08, 2017

Marc Joseph, Kenzy Sime, Gregorio Avalos-Rivera, Jose Chavez Killed in Dumas, TX, Accident

Dumas, TX -- February 7, 2017, Marc Joseph, Kenzy Sime, Gregorio Avalos-Rivera, and Jose Chavez were killed in a head-on car accident.

The Texas Department of Public Safety responded to the emergency call at approximately 5:00 a.m. The crash happened about two mils north of Dumas.

Preliminary investigations report that 69-year-old Avalos-Reivera was traveling southbound in a Toyota Corolla with his passenger, 57-year-old Chavez. In the opposing lanes, 45-year-old Joseph was driving a Nissan Rogue northbound with his passenger, 38-year-old Sime.

Police claim that the Toyota was traveling in the wrong direction in northbound lanes, crossing paths with the Nissan. As a result, the two vehicles crashed head-on.

DPS officials say that all four people involved sustained fatal injuries and died at the scene of the accident.

At this time, authorities have not indicated any particular factors contributing to the accident. They say the crash remains under investigation.

Map of the Area


The details in this particular, like many preliminary reports, are not entirely clear. Police have indicated that the Toyota was traveling on the wrong side of the highway. It's possible investigators meant to say "crossed over" to the wrong side, which I've seen reports do many times in the past. And even if their reports are accurate, there's no indication as to why or how this happened.

One of things with these preliminary reports is that they are just that: preliminary. Typically, when police investigate an accident scene, they are looking for criminal wrongdoing of some sort. Beyond that, they usually only seek to explain a very basic fact pattern. They are in no way obligated to try and determine liability for an accident in the way that civil courts require. When it comes to determining the exact factors surrounding a crash, only a 3rd party investigation will suffice.

The simple reason our firm and many other experienced attorneys depend on 3rd party investigators is that they are effective. They are professionals with years of experience examining evidence and picking apart accident scenes to determine the exact cause of the crash. For instance, they know that things like mechanical failures (faulty brakes, steering columns, ignition switches, etc.) are incredibly subtle and often often overlooked by police. The fact that these events are unlikely does not rule them out during investigations. Only evidence has bearing on whether or not a factor contributed to the accident.

This process is important to victims and their families for several reasons. The less common but very important reason is that these investigations are effective in uncovering evidence that was previously missed or reported inaccurately. I've seen police reports where a simple typo made it look like one driver ran a stop sign when in fact it was the other driver. If the police report was to be believed, then the victim would have been placed at fault. This can harm those who are seeking compensation for their injuries, and it could even deter them if they themselves believe the faulty report.

The other, more common reason 3rd party investigations are necessary is because they are effective in collecting and preserving evidence crucial to building a successful case for compensation. Insurance companies know accident reports just as well as any experienced car accident attorney, so they know all too well that police reports don't cover everything. Because of this, they won't accept a police report as convincing enough to pay fair compensation. Insurance companies will shift blame and make accusations against the victims simply because a police report alone is not enough to prove otherwise. Only by collecting tangible and irrefutable evidence can convince an insurance company to pay victims and their families the compensation they rightly deserve after an accident.

The ultimate point I am trying to make here is not that police investigators are bad or that police reports are always wrong. What I'm saying is that police investigators just don't look for the same details that a civil court would deem necessary to determine liability for an accident. Only by conducting an independent investigation can anyone be certain of the factors contributing to the crash. Whether the investigation reveals previously unknown information, corrects inaccuracies, or simply corroborates previous reports with clear facts, it always helps to remove all doubt after an accident. When someone is hurt or killed, nothing less than the full story will suffice.

--Grossman Law Offices


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