Upton County, TX — One person was killed and three others were injured in an accident that took place in Upton County, Texas, on Friday, October 17, 2014. The accident took place on Highway 349, around 7:30 in the morning. According to reports, a man was traveling in a Ford F-350, behind a semi-trailed and tried to pass it. As the Ford attempted to pass, it crashed into a Silverado, which was turning east at the intersection of FM 2401. The driver of the Ford was identified as Pedro Garcia-Martinez. Emergency workers took him to Medical Center Hospital, and he passed away a short time later. A passenger inside the Ford, Maria Garcia, was treated and released at a nearby hospital. Two people inside the Silverado — Francisco Ramirez-Soto and Mario Salguero-Sanchez — were also taken to a local hospital where they were treated and released.
Scene of the Accident
Commentary
A lot of people are going to hear this and think it’s crazy, but I promise you it’s true, and happens more often than you think. I think most people would hear about this accident and say, well, a truck tried passing a semi on the highway, drove into the oncoming lane and hit another truck. The first truck is at fault. The end. However, I’ve seen arguments in court cases where this exact same fact pattern plays out, and the defendant who gets sued for making an improper passing maneuver fires back against the people they hit with a comparative fault argument saying that they should have done a better job trying to avoid the accident. That about that for a moment. Someone comes into your lane and crashes into you. You’re injured, and when you go to file an insurance claim you’re told that you shouldn’t get full compensation because the accident wasn’t your fault, but it was kind of your fault. Now, we don’t know enough details about this particular accident, so it’s possible that we’re way off. However, I think this does a good job illustrating that while some things may seem very cut and dry, victims can be hurt by insurance companies that are more invested in their own clients, and their own bottom line.
— Grossman Law Offices
