Recent Blog Posts
Two Bicyclists Killed in Accidents Within Minutes Finally Identified
One night in late August, a bicyclist was rear-ended by a small SUV while riding in the center lane of Ben White Boulevard, near Alvin Devane Boulevard. The cyclist was unfortunately pronounced dead at the scene, though the driver remained near to assist and did not face any charges as a result. Another fatal bicycle crash happened exactly two minutes later, in the 13700 block of Research Boulevard, near Lake Creek Parkway. While the crashes do not appear to be related to each other, they do illustrate the potential hazards that bicyclists face on Texas roads. If you have been injured in a crash while riding your bicycle, understand that you do have potential options for seeking compensation in most cases.
Bicycles Are Vehicles
Bicyclists and other pedestrians deal with significant hazards on Texas roads, given that the primary focus of state officials is on making the roads safer for drivers, not pedestrians. Texas has some of the highest speed limits in the country, as well as most of its cities ranking low on pedestrian infrastructure in several studies. Texas as a whole also ranks near the top in terms of the pedestrian danger index (the measure quantifying how potentially hazardous its roads are for people walking, bicyclists, and other non-drivers).
Eighty-Year-Old Driver Dies in Dessau Road Crash
On August 10, an 80-year-old woman was driving through the intersection of Bradbury Lane and Dessau Road when she was struck by a Nissan Armada traveling through the same intersection. It took law enforcement roughly two weeks to identify the deceased woman, but eventually, they were successful. The crash marked Austin’s 58th traffic fatality in 2020, which is a notable rise from the previous year. There does not appear to be any indication that the deceased woman’s family intends to file suit against the other driver, but if they did, they might conceivably be able to file a claim for wrongful death under Texas law.
File Your Suit ASAP
When someone dies in a traffic accident, it can sometimes be merely a tragic mistake. However, if someone dies due to the negligence, wrongful act, or carelessness of another person, their death is considered wrongful under Texas law (if the connection between the death and the other person’s actions can be proven). A finding of wrongful death can result in financial liability for the defendant, both for tangible expenses like funeral costs and for intangible damages like mental anguish or pain and suffering.
Product Liability May Play Role in Applewhite Road Accident
Recently, a man was speeding near the 13000 block of Applewhite Road in San Antonio when his tire blew out. The blowout caused him to lose control of his car, with the vehicle crossing the median and crashing into an oncoming big rig. The man was taken to a nearby hospital for treatment, but later died of his injuries. While many accidents of this type result in personal injury or wrongful death cases, it is sometimes possible to mount a cause of action in product liability. In an accident like this, someone who was injured (or the family of a deceased accident victim) might conceivably try to file suit against the tire manufacturer, alleging product liability.
Strict Liability
Product liability cases in Texas differ substantially from a standard personal injury action. Someone brings a personal injury lawsuit when they have been injured due to the negligence of another person and want to hold them accountable. In some states, this is the same procedure that one might use to file suit against a product’s manufacturer, but in Texas, a product liability case is based on strict liability. This means that negligence is irrelevant – if the product had a defect of some kind, and the product caused you harm, the manufacturer is liable for damages.
San Antonio Man Charged with Murder After Four-Vehicle Crash
Recently, a four-vehicle crash on the southeast side of San Antonio killed one woman after a man driving a stolen car struck three cars as he ran through a red light. The man ignored a red light and drove a stolen Toyota RAV4 into a Ford Focus, which triggered a chain reaction with two other cars. One of the drivers of the other cars was hospitalized after the crash, only to eventually die from her injuries. The man has been charged with murder, aggravated assault with a deadly weapon, and theft of a vehicle – but one may wonder why the man is facing criminal charges, while many who accidentally cause the death of another person face only civil liability.
Homicide vs. Wrongful Death
When someone dies due to another person’s actions, it may result in either civil liability, criminal guilt, or both. The general principle is that while homicide may fall under the umbrella of wrongful death, not every wrongful death rises to the level of homicide. Texas law defines homicide as causing the death of another individual “intentionally, knowingly, recklessly, or with criminal negligence.” Conversely, wrongful death is when someone’s death is due to another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
Pedestrian Killed in April Crash Identified
In August 2020, law enforcement was finally able to identify a 58-year-old man who was struck and killed while walking on I-35 North in April. He was hit by a truck in the early evening, but due to his lack of identification, could not immediately be identified upon his passing. While the man’s family can now at least get some closure, it is important to keep in mind that pedestrians are the most likely people on the road to suffer serious, life-changing injuries due to another person’s negligence. If you have been struck by a vehicle, you may be able to seek compensation for the harm you have suffered.
Pedestrians Are Vulnerable
The most recent available data from the National Highway Traffic Safety Administration (NHTSA) estimates that approximately 6,300 pedestrians died in traffic crashes in 2018, with the highest percentage of fatal accidents happening between 6 PM and 9 PM. While senior citizens are the most likely to be involved in a pedestrian accident, every age group is affected by the factors that lead to these types of crashes – for example, poor infrastructure, such as a lack of sidewalks or streetlights, may lead to pedestrians walking in the road.
High-Speed Crash on I-10 Frontage Road Sends Two to Hospital
Recently, a speeding Ford Explorer ran a red light at Wurzbach and I-10, colliding with another vehicle. Once the crash settled, however, three men exited the Explorer and tried to run away, making it about half a mile before police caught up. The men were arrested, but each vehicle also had one passenger injured seriously enough to require hospitalization. While the men who ran face a host of charges, including failing to stop and render aid and possible driving under the influence (DUI), they may also face potential civil liability. If you are involved in a crash where someone is trying to avoid police, it is important to keep in mind that criminal charges have absolutely nothing to do with civil liability, and both must be addressed.
“Reasonable and Prudent” Speed
Speeding, as the Explorer was doing, can lead to both civil and criminal liability, depending on the circumstances. Data from the National Highway Traffic Safety Administration (NHTSA) shows that almost 9,400 people died due to speeding accidents on U.S. roads in 2018, and estimates that excessive speed plays a role in as many as one-third of all accidents. Most states have laws against speeding, and Texas is no exception, with its Transportation Code mandating that drivers not drive at a speed “greater than is reasonable and prudent” for the specific situation.
Seventy-Year-Old Woman Dies in San Marcos Crash
Recently, a 70-year-old woman died in a two-car accident near the Blanco River exit on I-35 SB. The crash involved a semi-truck and a Dodge Journey. Law enforcement stated that they believed the woman was not wearing a seatbelt at the time of the crash, which may have played a role in causing her injuries. Hays County EMS transported her to Ascension Seton Hays Hospital in Kyle for further treatment, but she eventually died of her injuries. While too many lives are lost in road accidents every day, many plaintiffs who sue for their injuries worry that they may face reduced awards because they failed to wear a seatbelt. Texas law on seatbelt use has only become settled within the last few years, and it can be difficult to understand what responsibility it may convey.
Use or Non-Use Is Relevant
Up until 2015, Texas law on seatbelt use evidence was that while the plaintiff’s failure to wear a seatbelt in a car accident might have played a role in causing their injuries, it played no role in causing the accident itself, so it was seen as inadmissible on the grounds of relevance. However, this outlook began to fall out of favor as seatbelt use climbed and the concept of responsibility evolved; while it is true that seatbelt use or lack thereof would not have caused the accident itself, eventually the case of Nabors Well Services Ltd. v Romero (2015) established that it was still relevant evidence for the purposes of determining the extent of the plaintiff’s injuries.
Is COVID-19 Indirectly Making Our Roads Safer?
The COVID-19 pandemic has been affecting the United States for most of 2020, with consequences forcing major changes to almost every aspect of normal life. One change that has slid under the radar, so to speak, is that for a variety of reasons, the number of traffic accidents has dropped sharply since March (though evidence suggests that the rate of car crashes has actually risen). It is worth studying the trends as to why this is happening and what we can learn from it when movement restrictions are lifted. If you must leave your home, knowing that your risk of a traffic accident is lower may offer some temporary comfort.
Why Bother Studying This?
Though the average person might be able to guess why the number of traffic accidents has dropped since the beginning of the pandemic – fewer people required to commute means fewer cars on the road, which in turn means fewer cars to get into accidents – studies are still being done, so that any deeper causation might be discovered. Any information that can be divined from this type of study might wind up saving lives in the future. In addition, there is evidence to suggest that while the overall number of accidents has decreased, the rate has been rising slowly but steadily.
Multi-Vehicle Crash Closes NB I-35
One recent morning saw all the lanes of northbound I-35 closed near Stassney Lane, in South Austin, after a “multi-car crash” occurred. The highway was closed for several hours while crews cleared the debris from the accident, only opening hours later to morning traffic. No word as of this writing as to how many people were injured or killed, but it is reasonable to assume that someone sustained an injury due to the sheer tonnage and potential dangers of a multi-car crash. If you find yourself in this situation, it is important to be aware that establishing liability in a multi-vehicle accident is generally more difficult than doing so in a single-car crash.
Causes and Effects
Multi-vehicle accidents are less common than single-vehicle crashes, but when they happen, it is most often on highways or at busy intersections. The causes of multi-vehicle crashes are many, but some of the most often seen include inclement weather (and, indirectly, driver recklessness, such as failing to take precautions while driving through bad weather), speeding, and, in rural areas, so-called “highway hypnosis.” Distracted driving is also a particular issue in multi-vehicle crashes, especially since one wrong move can lead to significant damage and injury.
Professional Boxer Dies in Travis County Crash
A 24-year-old Austin man was killed in a car accident on the night of July 16, when the Cadillac STS he was riding in crossed the centerline of FM 1438 and struck two other vehicles. The accident occurred around 9:40 PM, and the man was pronounced dead at the scene, though another driver, a 61-year old Lago Vista man, died later at St. David’s Round Rock Medical Center. If someone loses a loved one, they may be able to recover monetary compensation, for both the tangible and the intangible, and if the man had been killed in an accident by the negligence of another driver, his family could seek significant damages. The man was an up-and-coming boxer who won the World Boxing Council-NABF Super-Welterweight title in January and had aspirations to higher titles.
You Must File Quickly
The Texas Wrongful Death Act says that the surviving family of a deceased person may seek compensation from a defendant if it can be shown that the deceased person died because of the defendant’s “wrongful act, negligence, carelessness” or any conduct where it can be shown that they failed to exercise reasonable care. Only the surviving family of the deceased person may file suit – generally parents, children, and the surviving spouse – though the personal representative of the estate can do so if the family has not filed within a certain time frame (usually 90 days).
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