Recent Blog Posts
Truck Driver Sought After Fatal I-10 Accident
San Antonio law enforcement is seeking a truck driver who fled the scene after causing the death of a motorcyclist, and injuries to several other motorists, in an accident on I-10 one recent night. The truck had been traveling too fast for the flow of traffic and wound up jackknifing across the lanes of I-10 East. Fleeing the scene of an accident is a crime, but in addition, the families of those injured can bring suit for negligence and wrongful death if they believe they have a case to do so. If you have been injured in a similar case, you have options to try and recover your expenses.
Truck Crashes All Too Common
The Texas Department of Transportation (TxDOT) statistics for 2018 (the most recent available data) show that approximately 465 fatal crashes happened on state roads that involved a semi-truck or tractor-trailer that year, and over 3,000 injury-related crashes in the same time frame. This adds up to about 13 percent of all crashes on Texas roads that year. There are trends within these numbers, including a higher percentage of accidents happening in rural areas.
Texas Deputy Killed in Two-Car Crash
Recently, a Travis County Sheriff’s Office (TCSO) deputy was killed in a traffic accident while on duty. An Infiniti traveling westbound on FM 2244 veered into his eastbound lane, causing him to roll off the road and land on its roof. The deputy was pinned inside, expiring from his injuries at the scene. The other driver was hospitalized with “serious but not life-threatening” injuries. While the accident is still being investigated, it appears that the deputy lost his life due to the wrongful action of the Infiniti driver, which would open them up to potential liability for wrongful death. If you have lost a loved one in a similar situation, understand that you do have options if you choose to seek compensation for your loved one’s passing.
Texas Wrongful Death Law
Wrongful death is a death that should not have occurred but for the “wrongful act, negligence, carelessness, unskillfulness, or default” of another person. Texas law states that if that person’s conduct can be proven, and that it can be shown that no other intervening cause played a role, then that person is liable for damages. Only specific family members can file a wrongful death suit in Texas; usually, a surviving spouse, parents, or children.
The Dangers of Trucker Fatigue on Texas Roads
The life of a commercial trucker is quite difficult, requiring long hours on the road and in many cases, low rewards. Sometimes, individual drivers or their superiors may drive beyond the hours required, or otherwise try to push the limits of what is acceptable, and accidents can result. While truck drivers are certainly not always responsible for trucking-related crashes, fatigue can play an outsized role in many, not least of all because many truck drivers do not notice it until it is too late.
Employees and Employers
The average driver may think that fatigue on the road is no big deal, given how many drivers may not be at their peak when operating a motor vehicle. However, large trucks have two to three times the weight of an average automobile, and that much weight at speed causes significantly more damage than an automobile does when it connects with a solid object. Fatigue contributes to slower reaction times and to impaired perception that may not even notice another vehicle if visibility is low.
Woman Killed in Hit-and-Run Accident Identified
Recently, law enforcement in San Antonio identified a woman as the victim of a hit-and-run accident on South W.W. White Road. The person who struck the woman may not have been aware of it, as they failed to stop and render aid, but this does open them up to the possibility of both civil and criminal liability if they are located. Failing to stop at the scene of a hit-and-run accident is a crime in Texas, and in addition, the deceased person’s family may seek to bring suit against the driver for wrongful death. If you have lost a loved one in this manner, it is important for you to understand your options, as well as the relationship between civil and criminal law.
Wrongful Death in Texas
Texas’ wrongful death statute is fairly straightforward, stating that a person is liable for damages resulting from an individual’s passing if it resulted from their (or their agent’s) “wrongful act, neglect, carelessness, unskillfulness, or default.” There are only a handful of family members who are permitted by law to bring a wrongful death suit – generally the deceased person’s surviving spouse, children, and parents. Anyone else is deemed to be too distantly related to have received tangible support from the deceased person in most cases.
Pedestrian Struck Crossing San Pedro Ave
A recent night proved tragic for a woman trying to cross San Pedro Avenue, just north of downtown San Antonio. She was struck while trying to cross the street, having just gotten off work and headed home. The driver did stop and attempt to render aid, but the woman still required transportation to a nearby hospital with serious injuries. Pedestrian accidents are all too common in San Antonio, and while the driver appears to have acted appropriately in this case, too many pedestrian accidents wind up causing injuries or even costing lives. If you have been injured by an allegedly negligent driver, you need an experienced attorney to help navigate the legal process with you.
High Rates in Texas
Texas traditionally has high rates of pedestrian accidents – partly because of its sheer size, but also because many Texas metropolitan areas are not well set up for pedestrian traffic. The think tank Smart Growth America, in its yearly Dangerous By Design report, names dangerous metropolitan areas, where infrastructure issues make it harder to walk or otherwise navigate a city without a vehicle. Most of the state’s major cities and metro areas – McAllen, San Antonio, Houston, Dallas, El Paso, and Austin – are listed in the top 50 most dangerous in the United States for 2019.
Rollover Accident in South Austin Causes Serious Injuries
Recently, a rollover crash on EB US 290 at Ben White Boulevard sent two people to the hospital with serious injuries. Both people became entrapped in their vehicles, requiring ATCEMS to cut them free before sending them to the hospital. Serious injuries are sadly common in rollover accidents, and if you have lived through one, your medical bills may add up very quickly. Bringing suit against a driver who struck you may be a good way to recoup some of your costs and recover for your losses.
Statistics Show Serious Injuries Common
The National Highway Traffic Safety Administration (NHTSA) estimates that in a given year, roughly two percent of all accidents are of the rollover type. However, rollovers were responsible for approximately 35 percent of the fatalities from those accidents. It is possible to trace some causes for these high totals. One major factor is a lack of seat belt usage – in 2010, nearly 70 percent of those killed in rollover crashes were not using any seatbelt or restraint.
Semi-Truck Crash Closes NB I-35 for Hours in Round Rock
Recently, the northbound lanes of I-35 were closed for several hours after a crash involving a semi-truck. The blockage lasted from mid-morning to early afternoon, and while no injuries were reported, many accidents involving semi-trucks can yield very serious injuries. If you have been injured in an accident with an 18-wheeler, you need an attorney who is experienced in this type of case to help you try and recover for the harm you have suffered.
Causes and Effects
The Federal Motor Carrier Safety Administration (FMCSA)’s statistics show that the total number of fatal crashes involving large trucks has steadily increased between 2009 and 2017, though the most recent available totals are still lower than the 20-year high from 2005 (over 5,200 fatal wrecks). The total number from 2017 was 4,889, but it should be emphasized that these are only the fatal wrecks that have been reported to law enforcement, and it is not uncommon for rural accidents to go unreported in some states.
Wrong-Way Driver Hospitalized After Three-Car Wreck
Recently, a three-way crash happened at Interstate 37 and Pecan Valley Drive after one driver drove the wrong way down the northbound lanes. The wrong-way driver was hospitalized in serious condition, while the other drivers were treated by EMS at the scene. It may seem rare, but accidents involving wrong-way drivers do happen, and they are statistically more likely to cause serious injury than most other types of accidents. If you have been injured by a wrong-way driver, enlisting a dedicated attorney to help you try and recover damages is crucial.
Wrong-Way Crashes Are Deadly
The National Transportation Safety Board (NTSB) estimates that wrong-way crashes only comprise around 3 percent of accidents on divided highways (though more do happen on roads with no median), though studies estimate they cause far more injuries and fatalities. Casualty rates for wrong-way accidents have been estimated to be between 12 and 27 times higher than for other types, and one Michigan study found the fatality rate for wrong-way crashes to be around 22 percent, versus a rate of 0.3 percent for all other types of auto accidents in the same time frame.
Ten-Year-Old Student Fatally Struck By Vehicle
A true tragedy happened on February 20, when a 10-year old riding her bicycle fell into traffic, losing her life after being struck by a passing SUV. The accident happened in West Bexar County, in the Valley Ranch area, and while law enforcement does not anticipate filing any charges in the matter, it can be hugely traumatic for both the driver and the family of the deceased person when accidents like this occur. No criminal charges also does not mean that the family of the girl cannot file a civil lawsuit. If this happens to your family, you need to make sure you remain clear-headed as you determine how best to handle this.
Negligence Must Be Present
Despite how devastating they can be, not every accidental death is grounds for a wrongful death lawsuit. If you have lost a loved one in an accident, you must be able to show that their passing was the result of another person’s “wrongful act, neglect, carelessness, unskillfulness or default” – that is, you must establish that there was negligence or recklessness in their actions. If they could not have acted in any other way, or could not have acted any faster to stop the accident, there is no cause of action under Texas law.
MetroRail Sued By Family of Deceased Accident Victim
In February 2018, a woman from Portland, OR was struck and killed by a MetroRail train on East Fifth Street in Austin. At the time, her grieving family did not bring suit against anyone over her passing because MetroRail and its associated entities promised progress on making the area safer, as well as increasing passenger safety outreach. However, the family recently announced that they have not seen sufficient progress on either promise, and are thus bringing suit against Capital Metro, the City of Austin, Austin Energy, and other associated entities. If you have been injured, or lost a loved one, due to a train accident, suing can be quite difficult, and it remains to be seen if this family will prevail.
Sovereign Immunity
Capital Metropolitan Transportation Authority (CapMetro) is considered a public entity, and as such, one of the first questions that a potential plaintiff has to ask if they want to bring suit against a public entity is whether they will be able to. Texas has a doctrine called sovereign immunity, which holds that the ‘sovereign’ (that is, the government and its agencies) is generally immune from suit by an individual. However, like many other jurisdictions, Texas has waived this in part, allowing suits from individual plaintiffs in certain specific situations.
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