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Joseph King indicted

Joseph King

Joseph Daniel King of Tyler has been indicted for Possession of Controlled Substance and Criminally Negligent Homicide by the Henderson County Grand Jury in connection with the crash that killed Charles Gifford.

Mr. Gifford, 75, was killed early May 9 when his pickup swerved off the road, through a chain link fence and into a tree after being struck from behind by King.

You can find the indictment list here.

The Gifford family has given Weinstein Law permission to document their story in the hopes that it may help others in the same situation. Read all of the stories here.

Hospital lien filed in connection with Gifford tragedy

Charles Gifford and his namesake granddaughter, Charley.

The first legal document has been filed with the courts in connection with the tragic death of Charles Gifford, but it didn’t come from the insurance company or the victim’s family.

It came from the hospital.

Mr. Gifford, 75, was killed early May 9 when his pickup swerved off the road, through a chain link fence and into a tree after being struck from behind by Joseph King. King, 35, was arrested and charged with Negligent Criminal Homicide, Possession of a Controlled Substance, and Possession of Marijuana in connection with the crash.

On May 26, the hospital where Mr. Gifford was taken following the crash filed a lien against any liability claim — meaning any insurance money Mr. Gifford’s family receives.

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King was dozing behind the wheel right before crash killing Mr. Gifford

Charles Gifford died because Joseph King couldn’t keep his eyes open — at least that’s how it looks, according to the police report.

Mr. Gifford, 75, was killed early May 9 when his pickup careened off the road, through a chain link fence and into a tree after being struck from behind by King.

According to the police report, King told officers he took the drug Klonopin four hours before the crash and “felt himself dozing off and waking up as he drove.”

In addition to drug use intoxication, the police report lists King’s “failure to control speed” as a contributing factor in the crash.

King was arrested and charged with Negligent Criminal Homicide, Possession of a Controlled Substance, and Possession of Marijuana in connection wth the crash.

Mr. Gifford’s family was left to pick up the pieces and grieve … and to prove their pain to the insurance company.

Despite the mounting evidence of what happened, King’s insurance company has placed the burden on Mr. Gifford’s family to prove what killed their loved one.

In a letter, the insurance company wrote: “… we will need several items to assess the extent of your injuries and fully evaluate your claim. I have enclosed a Medical Authorization Form and Provider List so we can request the medical bills and treatment notes associated with this accident. Please review these forms and complete them where indicated. Return them to the address listed on the top of this page.”

An adjuster for the insurance company also told Mr. Gifford’s family members that King was getting a divorce.

“You’re supposed to feel sorry for (King’s wife),” said attorney Jeff Weinstein, who is representing the Gifford family.

Weinstein explained that King doesn’t own the truck he was driving in the crash, his wife does. King is potentially negligent for causing the wreck. His wife is potentially negligent for entrusting the vehicle to him.”

“My guess is the spin at the insurance company will be that there’s harm on both sides so the Giffords should feel sorry for poor Mrs. King having to be married to Mr. King,” said Weinstein. “The spin doctors are at work right now.”

The Gifford family has given Weinstein Law permission to document their story in the hopes that it may help others in the same situation. Read all of the stories here.

Charles Gifford’s Story: The Claims Letter

Charles Gifford and his namesake granddaughter, Charley.

Charles Gifford, 75, was killed last month in a car crash that wasn’t his fault.

He and his dog were taking a drive along State Highway 31 when a pickup truck being driven too fast slammed into him, causing Mr. Gifford’s truck to leave the road and crash into a tree. He was pronounced dead at the hospital.

The driver of the other pickup — Joseph King, 35, of Tyler — currently sits in Henderson County Jail charged with Negligent Criminal Homicide, Possession of a Controlled Substance, and Possession of Marijuana.

That day … the worst day for Mr. Gifford’s family … was Tuesday, May 9.

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Our Constitutional rights are in danger

The way lawmakers in Washington view our Constitutional rights is funny. One day they will bang the table saying we can’t allow the slightest erosion in what our forefathers gave us and the next day they will help big business blatantly steal the Constitution.

Actually, I don’t think this is funny at all. I think it is frightening because it appears our rights are for sale to the highest bidder.

Right now, Congress is trying to pass a law that would limit our ability to hold pharmaceutical companies responsible for hurting people with dangerous drugs or medical devices.

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TxDOT urgers drivers to #EndTheStreakTX

TxDOT urgers drivers to #EndTheStreakTX

From TxDOT

The Lone Star State marks a deadly milestone on Monday as at least one fatality has occurred each and every day on Texas roadways since Nov. 7, 2000. In an effort to end this deadly 16-year streak, the Texas Department of Transportation, through its #EndTheStreakTX campaign, reminds drivers to stay alert, obey traffic laws and take personal responsibility behind the wheel.

“Every day for the past 16 years, somebody has lost a spouse, child, friend or neighbor on Texas roadways,” said TxDOT Executive Director James Bass. “These deadly crashes are a sobering reminder that we must do everything in our power to stay focused and safe while driving. We can stop this staggering streak if every driver makes it a priority to be safe, focused and responsible. Let’s end the streak.”

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Traumatic Brain Injury statistics

Traumatic Brain Injury statistics

Central Nervous System injuries remain the leading cause of morbidity and mortality for young people throughout the world. In 1998, 148,000 Americans died from various injuries. Traumatic brain injuries (TBIs) caused 50,000 deaths. The average incidence (combined hospitalization and mortality rates) is 95 cases per 100,000 population. Twenty-two percent of people who have a TBI die from their injuries. In addition, approximately 10,000-20,000 spinal cord injuries occur each year.

The risk of incurring a TBI is especially high among adolescents, young adults, and people older than 75 years. For all ages, the risk of TBI is twice as high for males as for females. Motor vehicle crashes, violence, and falls are the leading causes of TBI. Nearly two thirds of firearm-related TBIs are classified as suicidal in intent.

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