Posted on April 18, 2018 in Uncategorized

On the evening of March 30, one person was killed in a crash with an 18-wheeler in Caldwell County, southwest of Lockhart. That person has since been identified as a San Antonio man, who was the driver. He was killed when his truck flipped and struck a guardrail, and was allegedly not wearing a seatbelt. While it can often be stereotyped as a problem only seen in reckless teenagers, not wearing a seatbelt can contribute to injury and death, especially when dealing with enormous vehicles like 18-wheelers.

Seatbelts Save Lives

The Centers for Disease Control and Prevention (CDC) name auto accidents as one of the leading causes of death in the U.S. for those between ages 0-54 every year, and since statistics have been kept regarding seatbelt use, they have been illuminating, to say the least. National Highway Traffic Safety Administration (NHTSA) statistics show that approximately 14,000 lives can be estimated to have been saved through seatbelt use in 2015, with even more being saved if usage were 100 percent. While this percentage might drop somewhat if one examines only truck crashes, given an 18-wheeler’s heft and forward velocity, it is still noteworthy.

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 Posted on April 16, 2018 in Uncategorized

On the afternoon of April 4, a head-on collision in west Travis County claimed two lives, as one male and one female were pronounced dead at the scene. The accident was described as a ‘two-car collision,’ later clarified to be head-on. Head-on collisions are historically the most dangerous, routinely causing the most fatalities in successive statistical years. If you manage to escape from one, bringing suit for your injuries is important, as your medical bills are likely to be high.

One of the Most Common Types

While one might think head-on collisions were rare, they are actually fairly frequent, especially in Texas, with its prevalence of two-lane roads and high-speed limits, and in general, the fatality count in frontal collisions is quite high. Data from the Insurance Institute for Highway Safety (IIHS) shows that approximately half of all vehicle accident deaths occur in crashes where the initial impact is frontal. In Texas, roughly that number of vehicle accident deaths occur in multi-vehicle accidents (which is slightly higher than average), at least a portion of which can be estimated to be head-on.

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 Posted on April 11, 2018 in Uncategorized

Most of the time, auto accidents occur due to human error. However, in a minority of cases, a mechanical problem or other internal issue with a vehicle can also play a role. These cases become more complex than a simple auto accident – if it can be proven that a part or parts of the vehicle were defective, you may be able to win compensation from multiple defendants, depending on the facts in your case.

Texas Product Liability Law

Perhaps the most important thing to keep in mind regarding product liability law in Texas is that it is a strict liability offense. This means that unlike in a standard personal injury case, negligence on the part of the defendant does not have to be established – if it can be shown that the defendant’s product (that they manufactured or, in some cases, sold) had a defect, and the defect had a part in causing the accident, they will be held liable for injuries suffered by the plaintiff. This does not mean that the plaintiff somehow has an easier mission; the standard of proof to establish strict liability is fairly specific and stringent.

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 Posted on April 09, 2018 in Uncategorized

A motorcyclist was left in critical condition after being hit by a car on March 19 in South Austin. While no definitive cause has been stated for the accident, the scene indicated that the driver did not see the motorcyclist coming and struck him from the side. As of this writing no charges have been filed, but it is important to remember that all drivers should be especially alert for motorcyclists on Texas roads, with a failure to do so having serious consequences.

Motorcycle Accidents Happen Frequently

Texas is a state that loves its motorcycles, and with a higher number of riders comes a higher number of accidents. Data from the Texas Department of Transportation shows nearly 500 motorcyclists killed in 2015, while only California and Florida had comparable numbers in that year – the next highest number was almost 300 fewer, in South Carolina. While laws about helmet use and other safety measures may affect fatality numbers, issues such as visibility or speed do not have such easy fixes as others.

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 Posted on April 04, 2018 in Uncategorized

The North Pine Street Bridge across I-35 was the scene of a pedestrian accident on March 13, 2018, leaving one man dead and one driver possibly facing criminal charges. The man was struck around 5am, dying on the scene. The driver skidded into a ditch along the road after hitting the man, and while as of this writing no criminal charges have been filed, San Antonio police have not yet ruled out the possibility.

More Common Than Believed

I-35 is among the busiest and fastest-traveled highways in the state of Texas, and pedestrians are often struck when attempting to cross it at points other than bridges or crosswalks. A report from Smart Growth America ranks San Antonio as one of the top 20 most dangerous metro areas for pedestrians, with only Houston ranking higher in Texas. One might assume that more pedestrian accidents would occur on country roads, with poorer visibility, but a higher proportion of fatal accidents occur on city streets.

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 Posted on April 02, 2018 in Uncategorized

The morning of March 15 saw lane closures on Loop 1604, as a man in his 30s was killed when he ran his car into a concrete barrier, going the wrong way. While no information has been released, as of this writing, that sheds light on the driver’s personal information or reason for the crash, it is worth noting that wrong-way accidents are common in San Antonio, and can strike when one least expects.

A Lack of Research

Despite the amount of wrong-way accidents that occur, research done by the Texas Transportation Institute shows a surprising lack of research and data on the matter. The most recent comprehensive investigation of these trends dates back to 2004, and while the data is still illuminating, it must be taken with a proverbial grain of salt. Still, certain patterns can be identified, including the most common origin of wrong-way collisions (freeway ramps, most notably those which are not well labeled), and the frequency of substance abuse (between 50 and 75 percent of drivers involved had been either drinking or using illicit substances).

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 Posted on March 29, 2018 in Uncategorized

On March 8, a big rig hauling a load of liquid nitrogen caught on fire near Parmer Lane, shutting down SH 130 in Travis County and causing the evacuation of a half-mile area due to risk of the truck exploding. While no casualties have been reported, many could have resulted; the truck’s cab was engulfed, and pedestrians or passing cars could have been struck by the big rig or parts of the trailer burned away. Thankfully, these outcomes were averted, but next time they might not be.

Whose Negligence?

When a truck gets into an accident, there are more people to whom negligence might be imputed than there are with most automobiles. If a car causes an accident, the only person that usually winds up on the proverbial hook is the driver. If a big rig is involved in an accident, the trucker might be sued, but more often, the trucker’s employer and/or mechanic might also be involved, depending on the facts of the case. There are simply more moving parts on a big rig that have a chance of malfunctioning or being maintained in an inappropriate manner.

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 Posted on March 27, 2018 in Uncategorized

On March 7, an elderly woman died of her injuries after a car crash in Lago Vista. The crash happened two nights previously after the woman crossed the center line, striking a pickup truck head-on. The other driver, a young man in his 20s, is still recovering. These types of crashes are more common than one might think, especially if one or both drivers are elderly or has other problems which might impair their vision or ability to drive in general.

High Fatality Rates for Head-On Collisions

Frontal collisions yield a high number of fatalities and injuries, though not as many as rollover crashes, because there is more of the car between the passenger and the road. There were 638 fatalities from head-on crashes in Texas in 2016, and the numbers are roughly proportional nationwide. This may not seem like many deaths, but proportionally, it is a high percentage because fewer head-on collisions occur generally.

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 Posted on March 22, 2018 in Uncategorized

In January, two boys in Cedar Park, outside of Round Rock, engaged in drag racing, causing the deaths of two young boys when one of them crashed. On February 28, a negligence lawsuit was filed by the family of the deceased children, asking for significant damages, based at least partially on the defendant’s alleged lack of remorse following the incident. If you have been in this position or been in a position where you have lost a loved one due to someone else’s alleged negligence, it is important to understand what the law allows and what it does not.

An Epidemic

Prior to 2003, drag racing was considered a minor traffic violation, but after films like The Fast and the Furious began to grow in popularity, more and more incidents began occurring, and more injuries and fatalities were chalked up to the trend. Laws were modified in that year, upgrading drag racing from a traffic violation to a misdemeanor, which is punishable by a significant fine (as high as $2,000) and up to 180 days in jail, with increasing penalties for a second and third offense.

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 Posted on March 20, 2018 in Uncategorized

During the last week of February, heavy rain necessitated closure of multiple lanes on I-35, most recently around San Pedro Avenue and Thousand Oaks, as storms led to abandoned cars and unsuspecting drivers heading into water far too deep to drive through. While as of this writing no fatalities have occurred during these recent storms, however, it is possible for these conditions to lead to accidents and injuries, especially if not handled appropriately by the municipality or entity that maintains the roads. If there are no signs or other indications, accidents can certainly happen.

Road Maintenance Matters in Accidents

While many simply do not think of it, poor road maintenance absolutely can make a difference in whether a traffic accident may or may not occur. However, it can be difficult to make the case stick, so to speak, because more must be proven in order to receive compensation than, for example, a missing road sign, or a lack of lighting. You must be able to show that the poor road conditions not only existed, but you must prove that they were a major cause of your accident, rather than an incidental occurrence.

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