Recent Blog Posts
Rush Hour Crash Kills Motorcyclist on I-10
Rush hour on I-10 led to tragedy for a motorcyclist who lost control after one too many lane changes, as he was pronounced dead at the scene after being thrown from the vehicle. As far as possible, it was not theorized that anyone else was to blame for the crash. Sadly, motorcyclists will occasionally drive in a reckless manner that can cause injuries or even fatalities to themselves and others around them, but sometimes accidents are caused by automobiles, as well. If you have been injured in a motorcycle accident due to someone else’s conduct, you may be entitled to compensation.
Riding Can Be Dangerous
Texas accident statistics show a grim trend for motorcyclists. To be sure, 505 fatal crashes occurred in 2017, up from 501 in 2016 and 458 in 2015. The majority of all motorcycle accidents occur in urban areas, contrary to popular perception – in Texas, the top five most hazardous metro areas for cyclists were Houston, San Antonio, Austin, Dallas and El Paso, with these five making up a majority of the motorcycle accidents in the state for that year. Generally, motorcyclists are 27 times more likely nationwide to be killed in an accident than drivers and passengers in cars or trucks.
Man Killed in Crash on I-35
On July 15, an unusual accident occurred in the 3500 block of I-35 in North Austin. A man was driving a sedan down the road when he collided abruptly with the back of a trailer. He later died of his injuries at Dell Seton Medical Center. While this appears to have been nothing more than a tragic accident, it is noteworthy because accidents like this do happen, and sometimes people are not liable – but sometimes the unusual nature of the accident does not insulate them from liability.
Negligence Cases and Criteria
Most of the time, when auto accident cases occur, they are brought under a theory of negligence law. In order to hold a defendant liable for negligence, four criteria must be established. You must show that a duty of care exists between motorists sharing the road. You must show that the defendant’s conduct breached that duty and that it was the direct cause of any harm that you suffered (you must also show that you did indeed suffer harm as a result of the defendant’s actions, as opposed to merely being shocked or scared).
Pedestrian Hit and Killed On Culebra Road
A 40-year-old woman was pronounced dead on arrival at University Hospital in San Antonio after being hit by a car on the night of July 12. While the driver who struck her did stop and render aid, the woman was unable to be revived. San Antonio police stated that no charges would be filed against the driver, but pedestrian accidents sometimes do wind up with charges being filed, especially if drivers leave the scene of the accident.
Texas Can Be Dangerous for Pedestrians
Because of issues such as Texas’ speed limits, pedestrians are more prone to be victims of accidents in Texas metro areas than in many other cities in the United States. Preliminary data from the Governors Highway Safety Administration (GHSA) for 2017 show that approximately 43 percent of all pedestrian deaths came from five states, of which Texas is one. Texas averaged 2.44 pedestrian deaths per 100,000 people, which is in the top 10 in the country.
Fatal Rollover Crash on Ralph Fair Road
One woman died after rolling her vehicle on Ralph Fair Rd in San Antonio, on the morning of July 23. Law enforcement reported that the woman was not wearing a seat belt at the time of the impact, and that speed had likely been a factor in the crash. These accidents are unfortunately all too common, especially on Texas roads, but if you are involved in one due to another person’s negligence, you may be eligible for compensation stemming from your injuries.
Statistics Show Fatalities Are Common
Because so much weight and metal is moving around, rollover accidents have the potential to cause significant injury and death. The numbers of such accidents are increasing; data from the National Highway Traffic Safety Administration (NHTSA) show almost a 10 percent increase in multi-vehicle rollovers from 2015-2016, as well as a 2 percent increase in single-vehicle rollovers. This can affect the overall death rate in auto accidents, as rollovers are much more likely to cause injury than many other types of crash. For example, the NHTSA’s safercar.gov website cites statistics showing that almost 35 percent of all auto accident deaths were in rollover accidents, even though rollovers were only approximately 2 percent of the total accidents on U.S. roads.
T-Bone Accident Kills One in Downtown Austin
One man was killed and two others severely injured after a sedan lost control and wound up T-boned by a truck on July 9. The accident occurred on West Cesar Chavez Street, snarling traffic around the Lamar Bridge for hours. T-bone accidents are less common than other types, but when they do occur, they can cause serious long-term injuries or even death, for many varied reasons.
Statistics and Patterns
While no auto accident will ever be fully predictable, data does show certain trends. Around 18 percent of all fatal auto accidents involved a side-impact collision, the majority of those being impacts on the same side where the deceased person was sitting. While in general, crashes on the same side of the vehicle as a person is sitting on will cause them greater harm than would a crash on the opposite side (or the front or back), studies have shown that even with seatbelts, the risk of injury or death in a same side-impact crash is greater than in any other type of accident.
Man Injured in Potranco Road Hit-and-Run
On the night of July 9, a man was crossing Potranco Road when he was struck in the crosswalk by a pickup truck, which then drove away without stopping to render aid. Such action is a crime in Texas, but it can also be grounds for a civil lawsuit, depending on the nature of the specific situation. If you have been the victim of a hit-and-run accident, you may be entitled to compensation for your medical bills, but obtaining it can be difficult without the right attorney.
Leaving the Scene of an Accident
Despite the law criminalizing the failure to stop and render aid (FSRA), many drivers who do this still wind up leaving the scene, for a variety of reasons, not least of all the fear of potential consequences. Others may be intoxicated or under the influence of another type of substance, or be in some other type of state that makes them unaware they struck a person at all (this is not a defense to a charge of FSRA, but it does occur). Regardless, many hit-and-run drivers are not found immediately, which can be a problem for the police and in some situations, may actually delay the victim’s ability to obtain medical care, if the accident occurs in a rural area.
Two-Vehicle Crash Kills One, Injures Three
On July 4, a massive crash sent three people, including a child, to the hospital as an SUV making a left turn onto East Cheryl Drive pushed a sedan into a light pole. The sedan driver was pronounced dead at the scene, while the other driver and two passengers were taken to nearby hospitals. While as of this writing, no charges have been filed, it is very possible that the SUV driver could face a wrongful death suit if they are fortunate enough to recover from their own injuries.
Wrongful Death in Texas
Texas has a very comprehensive wrongful death statute, allowing for two different possible causes of action, depending on the nature of the death involved. A wrongful death action is a claim in negligence law that is brought against the person alleged to have caused the death, for actual damages and in rare cases, for what are called exemplary or punitive damages. Actual damages are damages that stem directly from a death, such as loss of companionship or quality of life, general mental anguish, medical or care bills, and funeral expenses.
Motorcyclist Killed In Single-Vehicle Crash
A young man was killed on July 3 when he took a curve too fast on his motorcycle and hit a light pole on Dessau Road, just inside the Pflugerville city limits. The motorcyclist was unable to stop in time and was thrown when his bike hit a curb. This is sadly common in Texas, where motorcycle accidents occur with regularity for a multitude of reasons. However, depending on the situation, it may be possible to hold someone liable in a motorcycle accident, even if it only officially involves a single vehicle.
“Single Vehicle” Accidents Are Often Not
Statistics from the National Highway Traffic Safety Administration (NHTSA) show that riding a motorcycle is an inherently dangerous activity – per mile driven, motorcyclists have a death rate 26 times higher than that of automobiles. In 2016, the most recent available data year, the NHTSA showed 4,853 motorcyclists killed, 2,190 in single-vehicle accidents (approximately 45 percent). However, in this metric, single-vehicle accidents are defined as crashes in which only one vehicle sustains damage. This does not cover the accidents in which another vehicle may have played a role, but managed to get away – for example, a car swerving in front of a motorcyclist or not seeing a motorcyclist in their lane until too late might conceivably have caused the accident, but it would still be classified as a single-vehicle accident for tabulation purposes.
Truck Accident on Rte 290 Claims One
In early June 2018, Austin-Travis County EMS responded to an accident on US 290 which killed one man. An 18-wheeler and one vehicle were involved; Austin police surmised that the automobile collided with the big rig as both were at an intersection with a traffic light, killing the driver of the car. The driver of the 18-wheeler was treated for minor injuries. This accident is perhaps remarkable in that many times, it is the truck driver who winds up being at least partially culpable for injuries, but this does not appear to be the case here.
Truck Accident Statistics and Causes
The Insurance Institute for Highway Safety (IIHS) reports that approximately 4,000 people died in crashes with big rigs in 2016, but the truly noteworthy statistic is that of that number, roughly two-thirds (66 percent) of the fatalities were occupants of cars or sport utility vehicles, with only 17 percent being truck occupants. Also, most of the occupants of large trucks who died in crashes were killed in accidents with other trucks, not with smaller vehicles. Automobiles simply do not have the same level of protection as large trucks do, and their occupants will often suffer the differences. An impact that might be minimal with another automobile can be potentially devastating when there is a big rig, with two to three times the weight behind it, on the other end.
Car Carrying Police Hits Pedestrian
It is generally always considered dangerous and deadly for a pedestrian to try crossing I-35 on foot. However, on the morning of June 19, a man aged 25-30 was struck and killed as he tried to do just that. The car that struck him contained two police sergeants who were on their break, which may have potential implications if the deceased person’s family were to decide on bringing suit. At very least, it would open the San Antonio Police Department (SAPD) up to potential liability. If you lose a loved one in an auto accident, it can feel overwhelming as to how best to proceed, but cases like these are often instructive.
Pedestrian Accidents in Texas Are Common
New preliminary data from the Governors Highway Safety Association (GHSA) shows that being a pedestrian in U.S. metropolitan areas is more dangerous than it has been in a long time, with approximately 6,000 pedestrians being killed by accidents with vehicles in 2017. Texas’ count was approximately 260 deaths, which ranks 13th in the country, and while this is slightly better than in the past, it is nonetheless sobering. Texas, California, Florida, New York and Arizona account for approximately 45 percent of the nation’s pedestrian fatalities, despite comprising only 30 percent of the country’s population. This accounts for a higher proportion of vehicle-related deaths than it has in the last 33 years.
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