Grand jury indicts truck driver for allegedly causing fatal crash while texting
by Benjamin Treviño | October 16th, 2025 | 18 Wheelers, Auto Accident, Fatal Crash
Cameron County Personal Injury and Wrongful Death Attorney J. Gonzalez
What are the legal consequences of texting while driving?
Texting while driving is not just dangerous to yourself and other motorists, in Texas it is against the law.
Texting While Driving in Texas
Texting while driving has been illegal in Texas since September 2017. The law states that reading, writing, or sending electronic messages while driving is illegal.
The penalty for texting while driving is a fine of $25 to $99 for a first offense and $100 to $200 for subsequent offenses. If texting while driving results in death or serious injury, it is a Class A misdemeanor with potential fines up to $4,000 and up to one year in jail. Local ordinances can also add more restrictions.
Texting crashes and civil law
For personal injury and wrongful death claims, a driver can be considered negligent if they are found to have been texting during an accident. The legal term is “negligence per se,” which makes it easier for victims to prove fault and claim damages.
Establishing Negligence
As with any other wrongful death or personal injury claim, proving negligence is critical. Evidence such as cell phone records, eyewitness accounts, and/or police reports can be used to establish that the defendant was texting at the time of the crash. Once it is established that the driver was distracted by texting, a finding of negligence almost always follows.
Contact the J. Gonzalez Law Firm
The experienced personal injury and wrongful death attorneys at the J. Gonzalez Law Firm specialize in gathering and presenting evidence to support our clients’ claims. We have a strong track record of successfully proving negligence, and we have collected millions of dollars in compensation for medical bills, lost income, emotional distress, and other damages.
If you’ve been in an accident caused by a texting driver, we can help you understand your rights and legal options. We will also collect key evidence in your case, we will deal with the insurance companies, and above all, we will make sure your rights are protected.
A texting and driving crash doesn’t have to throw your life in chaos. Contact us today for a free consultation. You pay nothing until we achieve the maximum compensation on your behalf. Contact us now via this website or by calling 1-800-CAR-CRASH.
Grand jury indicts truck driver for allegedly causing fatal crash while texting
By: Benjamin Treviño
A Cameron County grand jury has indicted a truck driver on a charge of criminal negligent homicide in connection with a fatal crash near San Benito.
40-year-old Luis Fernando Gonzalez Altamirano waived his arraignment on September 29 and entered a plea of not guilty. A status hearing was scheduled October 20.
The charge stems from an April 19 crash at the intersection of FM 1421 and County Road 233 southeast of San Benito.
According to the Texas Department of Public Safety, 70-year-old Lorenzo Guajardo was driving south on FM 1421 and slowed down to make a left turn onto County Road 233. Gonzalez was trailing Guajardo in a Kenworth semi-trailer, and his rig struck the rear of Guajardo’s car.
“Through the initial investigation it was revealed the driver of the Kenworth was texting and driving at the time of the crash,” the initial DPS news release stated.
Guajardo was taken to a local hospital where he died from his injuries.
At this writing, Gonzalez remained behind bars in the Cameron County Carrizales-Rucker Detention Center in lieu of a $500,000 bond.