Victor Chavez Killed, Erik Gonzalez-Botelo Injured in Accident in Las Cruces, NM
Las Cruces, NM -- A single-vehicle crash in the area of Las Cruces, NM claimed the life of 21-year-old Victor Chavez and left 22-year-old Erik Gonzalez-Botelo with injuries Friday, May 19, 2017.
At the time of the report, it appeared the vehicle occupied by the victims was traveling on Interstate 10 when it lost control, rolled, and ejected the occupants. The driver of the vehicle fled the scene of the incident.
Mr. Gonzalez-Botelo was suffered injuries described as non-life threatening. Mr. Chavez was taken to a nearby hospital, where he later died.
The report did not provide any information regarding the third occupant in the vehicle.
The official investigation into the incident is ongoing.
map of the area
In my years of successfully litigating single-vehicle accidents involving injury, I can't recall one where the passenger was responsible for their own injuries. Short of a passenger commandeering the wheel from a driver, there's almost no viable argument could make in these types of accident. This means the families of the victims in this incident have the right to sue for damages free from the driver cooking up a ridiculous argument in their favor.
However, this in no way means the insurance company's gonna give the victims what they deserve without a fight. Much like other claims, passengers in single-vehicle crashes still face legal obstacles. While passengers are blameless in these types of accidents, insurance will still do all they can to evade paying victims and their families compensation for their losses. With no one to fight on behalf of victims and their families, insurance companies are given free rein to dictate the terms of compensation.
--Grossman Law Offices