Recent Blog Posts
Driver Killed In Fiery Crash
On April 19, San Antonio police responded to a single-vehicle accident on Alamo Ranch Parkway, with one person being pronounced dead at the scene. From what first responders were able to put together, the car struck a curb and went airborne, eventually colliding with a light pole and catching fire. There was no indication of any other driver being a factor in the accident. This is not uncommon, especially on Texas’s fast-paced roads – single-vehicle accidents are a major cause of traffic fatalities in the state, most often through no fault of any individual.
Common Cause of Accident Deaths/Injuries
Single-vehicle accidents, though seemingly uncommon, actually account for a surprising amount of injuries and fatalities on Texas roads. This is especially true of the variety where a single vehicle drifts off the road (referred to in studies as an ROR, or run-off-road accident) – statistics from the National Highway Traffic Safety Administration (NHTSA) state that this type of accident accounts for as high as 70 percent of the fatalities in single-vehicle accidents. Texas figures report that single-vehicle accidents accounted for almost 1,300 deaths in the year 2015 (the most recent available data).
Hit-And-Run Accident Injures Pedestrian
FM 620, near the Mansfield Dam bridge, was the site of a hit-and-run accident in the early hours of Wednesday, April 11, leaving a Round Rock man in critical condition. The car that hit the man did not stay at the scene, leaving Round Rock PD little choice but to treat the accident as a hit-and-run, which is a crime. If you are the victim of a hit-and-run accident, you may be able to obtain civil compensation from the driver, as well as their possibly facing criminal charges depending on the situation.
Multiple Reasons for Hit and Runs
Hit-and-run accidents occur much more often than people might like to admit, for several different reasons – some understandable, some unreasonable, but very few excuses are reasons to avoid liability. Even if you did not intend to hit someone, Texas law holds that you have a duty to stop and aid them if you do hit someone – thus, failure to do so is punishable by law in all but the most unusual circumstances. Even something pressing – for example, striking a pedestrian and failing to stop to render aid because you were driving your pregnant wife to the hospital to give birth – will still give rise to civil liability and/or criminal charges, depending on the situation.
Flooding Causes Problems on San Antonio Roads
In late March and early April, multiple roads in and around San Antonio flooded, causing untold problems for commuters and other motorists. While the flooding was contained to just a few streets, I-35 and Highway 281 were both affected, causing slowdowns and damage to a few cars. While the Texas Department of Transportation’s quick response arguably prevented further problems, this is not always the case in similar episodes. Poor roads and highway obstructions are among the most common causes of auto accidents, and in some cases may even wind up rendering a city or county liable for damages.
Who May Be Liable?
There can be multiple reasons why poorly maintained roads can factor into auto accidents, and most of them have to do with negligent maintenance. While not all problems with roads can be laid at the maintaining agency’s door, many can – problems such as missing or unreadable road signs, worn-out pavement or potholes, or bad drainage can reasonably be ascribed to poor performance on the part of the agency whose task it is to keep the road in good repair. Thus, if you have been injured in an accident, and you believe that one or more of the reasons were of this type, the next logical step would seem to be reaching the entity responsible for the road’s upkeep.
San Antonio Man Killed In Big Rig Crash
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.
Head-On Collision Claims Two
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.
Defective Auto Parts Cause Crashes
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.
Motorcyclist in Critical Condition After Car Accident
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.
Pedestrian Struck Trying to Cross I-35
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.
Wrong Way Driver Dies After Hitting Concrete Barrier
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).
SH 130 Shut Down After Truck Catches Fire
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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