Recent Blog Posts
Five Hospitalized After Multiple-Vehicle Rollover Crash
Recently, a multiple-vehicle rollover accident occurred in the 6200 block of Loyola Lane, in East Austin. One adult was ejected from their vehicle, and was taken to Dell Seton Medical Center with injuries “thought not to be life-threatening.” Another adult, as well as three young children, were taken to hospitals as well, though their injuries appeared to be less serious. Law enforcement originally thought that a third vehicle had left the scene, but later revised that assumption. If you are injured in this potentially deadly type of accident, the harm you suffered is likely extensive. If you believe that someone else was responsible for your injuries, you may be able to bring suit against that person and seek compensation for their negligence.
Causes and Effects
Rollover crashes are some of the most deadly, making up a disproportionate percentage of road accident deaths in most years. Statistics from the National Highway Traffic Safety Administration (NHTSA) estimate that deaths in rollover accidents make up as many as 30 percent of the total, while the number of overall accidents only registers around two percent. There are many reasons for this increased lethality, though a major reason is that rollover crashes tend to be extremely sudden and violent events, which gives passengers little time to react, especially if they are not wearing seatbelts, which many are not.
Man Hit By Car After Altercation, Suspects at Large
A gas station near the corner of Pleasanton Road and East Vestal Place was the site of a hit-and-run accident on a recent night after a man ran from an argument he had been having with four other individuals. The four all got into one car, appearing to hunt down the man and strike him near a fast-food restaurant. He was transported to Brooke Army Medical Center in “serious” condition. While these suspects appear to have had intent to commit a crime, even a suspect who has not acted with malice or recklessness may still be on the proverbial hook for your injuries. Pedestrian accidents are far too common in Texas, and even if no crime is determined to have been committed, you may be able to file a civil suit for monetary compensation.
Rights and Responsibilities
Texas registered 621 pedestrian fatalities in 2018, which was approximately a one percent increase from 2017. The statistics can also track other trends: for example, that the majority of pedestrian-involved accidents, such as the one involving the man at the fast-food restaurant, happened at night when visibility is lowest and alcohol consumption is highest. There are several reasons why these accidents and fatalities happen in Texas; distracted driving and speeding are near the top of the list, especially when combined with Texas’ higher speed limits in many counties.
San Antonio Woman in Critical Condition After Street-Racing Crash
Recently, law enforcement was called to an accident on IH-35, near Posey Road in Bexar County, where a Nissan 370Z had overturned after racing another vehicle, ejecting its passenger almost 70 feet through the air. While the driver suffered minor injuries, the passenger remains, as of this writing, in a hospital in Kyle in critical condition. The driver was charged with the crime of “suspicion of racing on a highway causing serious bodily injury” – a second-degree felony – but if you have been injured due to another driver’s similarly negligent behavior, you have the right to seek compensation.
No Double Jeopardy
Texas law defines ‘street racing’ as any kind of speed contest or race, and any kind of drag race or other competition involving speed is illegal on all public roads, regardless of how abandoned they are or how high the speed limit may be. As one can imagine, this kind of behavior is most common among younger drivers – both the driver and the passenger in the Posey Road accident were around the age of 20 – but older people do engage in it as well. Street racing was formerly just a traffic violation, but in 2003 laws were passed elevating it to a misdemeanor (Class B), carrying a one-year license suspension, as well as assorted fines and up to 180 days in jail.
Motorcyclist Dies In Single-Person Wreck
A man riding a stolen motorcycle was killed recently when the motorcycle hit a barricade near the 8000 block of Research Boulevard. The rider lost control and slammed into the barricade dividing the lanes of traffic, causing him to be thrown to the ground, and he was pronounced dead at the scene. While the likelihood of motorcyclists being killed in accidents is far higher than it is for auto drivers or passengers, it is certainly not always a motorcyclist’s fault when a wreck occurs. If you have been injured in a motorcycle accident, you may be lucky to be alive – but if you were harmed due to someone’s negligence, you may be able to seek compensation for the injuries you have suffered.
Danger Is Elevated
The most recent available data from the National Highway Transportation Safety Administration (NHTSA) estimates that approximately 5,000 motorcyclists were killed in road crashes in 2018, and the likelihood of a motorcyclist dying in a motor vehicle crash is approximately 28 times greater than that of automobile occupants. This may sound absurd, but given the relative lack of protection cyclists have compared to auto drivers and passengers, the speeds at which many crashes occur, and the general lack of attention that motorcyclists receive from non-motorcyclists on the road, these and other factors do add up.
Three-Vehicle Crash On South Side Kills One
One recent night, a serious three-car accident on the south side of San Antonio claimed the life of one person. A 33-year-old man was pronounced dead at the scene of the crash, about 30 minutes after the impact when his Dodge Challenger was T-boned by two cars in succession after he tried to cross Texas 16, near Mission Gate. The Challenger’s driver-side door was crushed, and the man had to be cut free before law enforcement could assess his injuries properly. While San Antonio police stated that no criminal charges are pending for either of the drivers who T-boned the man’s car, this does not mean that the man’s family may not choose to file suit against either (or both) drivers for wrongful death. If you lose a loved one in a similar accident, your options may seem very similar to the man’s family’s.
Two Types of Cases
Texas has two types of wrongful death-related actions. A standard wrongful death action is brought on behalf of the surviving family, seeking damages on the family’s behalf for injuries they have sustained since the deceased person’s passing. The surviving family can file, or the estate can file on the family’s behalf, seeking compensation for harm like funeral and medical expenses, loss of the deceased’s love and companionship, and the loss of support and services.
Man Killed While Walking on I-35
Recently, a man was hit by a pickup truck and killed as he and a friend walked along northbound I-35. According to the friend, they were walking south on the northbound lanes when a pickup truck struck the man walking on the outside, and sped off after the fact. While pedestrians walking along busy I-35 is less common than one might anticipate, this does not mean that both drivers and pedestrians do not need to be well aware of their rights and responsibilities while on the road.
Why Do Pedestrian Accidents Happen?
Pedestrian accidents are a perennial issue in Texas, with its miles of rural roads and higher-than-average speed limits. The most recent available data from the Texas Department of Transportation (TxDOT) estimates approximately 5,700 crashes involving pedestrians in 2018, with roughly 615 fatalities. This is one of the higher state totals in the country for the last few years, despite several Texas municipalities enacting ordinances trying to regulate speed limits and other plans to fight against reckless driving in the works.
Far West Side Crash May Have Been Due to Distracted Driving
Recently, a black pickup truck ran headlong into the back of a parked 18-wheeler, on the access road on West Loop 1604. The semi-truck had been waiting for a client to unload inventory when the pickup struck the truck, wedging itself under the trailer. The driver of the pickup later died from his injuries, though the truck driver was unharmed. Law enforcement believes that the pickup driver was “speeding and distracted,” and thus was the prime mover in causing the accident. While the truck driver was unharmed, this is often not the case in distracted driving accidents. If you have been injured by a distracted driver, you may be able to seek compensation from them.
Distraction Kills
Everyone gets distracted for small moments behind the wheel. However, distracted driving is a real danger to everyone on the road, because when a person’s attention is diverted away from operating their vehicle, it means that they have less time to react to other motorists or obstacles on the road, which in turn leads to higher fatality and injury rates. The Texas Department of Transportation (TxDOT) estimates that one in five crashes in Texas involve distracted driving, with the corresponding rise in casualties.
Two-Vehicle Crash Kills 1 On South FM 973
One recent morning saw a two-vehicle crash on FM 973, where a Dodge RAM suddenly crossed the center line and struck a Ford F150 head-on. The driver of the F150 was pronounced dead at the scene, and while the RAM driver sustained non-life-threatening injuries, law enforcement has not yet stated whether or not any charges would be filed against him. If you have been in this type of head-on collision, you may be able to file a lawsuit against the other driver, if you believe that their negligence was the prime mover in the harm you suffered.
Infrequent But Serious
The Insurance Information Institute estimates that in their most recent available data, head-on collisions made up approximately 10 percent of all fatal crashes. However, fatality rates have been shown to be higher, for a variety of reasons. This is especially true for accidents in which one vehicle is significantly larger than the other – for example, a large pickup truck versus a small car. The FM 973 accident had two vehicles of roughly similar sizes involved, but the force that results can nonetheless be lethal.
Teenagers Crash Stolen Car
Recently, two teenage girls, 16 and 17 years of age, stole a car and were driving around in it when they struck a pole on DeZavala Road, near Lockhill Selma Road. One of the girls became trapped in the car and had to be rescued by firefighters, and both girls were taken to a nearby hospital with “serious but non-life-threatening” injuries. While no other people were allegedly injured by the girls’ actions, this is often not the case when minors cause auto accidents, and both they and their parents can sometimes be on the hook for serious damages. If your child has caused a vehicle accident in Texas, you need to be aware of your position immediately, so you can protect yourself and your child as best you can.
Parental Liability
While most parents do their best to prepare their kids for the so-called ‘real world,’ there are some things that come as a surprise even to them. One of those realities, for many people, is that parents can be held civilly liable for the actions of their children in many circumstances. Texas law specifically illustrates two: if the child is between the ages of 10 and 18, and their actions were “willful and malicious”; or if the courts can reasonably attribute the child’s “negligent” conduct to a “negligent failure” on the parent or guardian’s part. For example, if a parent knows that their child is prone to texting and driving, it might be considered a “negligent failure” to allow them to drive while still in possession of their cellphone.
DWI Crash Kills One Child, Injures One
A true tragedy occurred in Austin recently, when a Mercedes-Benz struck a Hummer on its passenger side, injuring two young children. One of the children, a nine-year-old girl, died from her injuries on April 4, while the other underwent potentially life-saving surgery. The Mercedes driver was treated for serious but not life-threatening injuries and was later arrested for driving while intoxicated (DWI). In addition to the major criminal charges that the driver may face given the young girl’s passing, it is possible he may be sued in civil court by the family, to try and collect damages for her wrongful death. If you have lost a loved one, especially a minor, to the negligence or recklessness of another person, you have the right to try and hold them accountable, even if they already face criminal charges.
No Replacing A Lost Loved One
If you and your family have lost a loved one due to another person’s negligence, you may be able to recover monetary compensation – not to replace the lost person in your life but to hopefully help your family stay on its financial feet while you adjust to the loss of that person. You may be able to recover for both tangible (also called economic) and intangible (non-economic) damages, including (but not limited to) lost wages, funeral expenses and last medical bills, pain and suffering, loss of inheritance, and several other potential causes of action.
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