Recent Blog Posts
One Killed in Two-Truck Accident
While most truck drivers are careful drivers, when accidents do happen, they can be the most deadly and dangerous. Such was the accident in San Antonio on November 30, when an 18-wheeler and a tow truck collided on I-35, near Somerset Road. The 18-wheeler rear-ended the heavy tow truck, coming over the top and crushing the cab. While there may only be so much one can do in such an accident, it is generally a good idea to understand the potential danger semi-trucks pose to drivers of cars.
Truckers Face Special Issues
Truckers drive commercially, rather than for personal reasons, and as such, they have to abide by regulations set out by both their home state and by the federal government. However, in reality, pressure from their employers to make money means that certain rules are often bent. For example, the Federal Motor Carrier Safety Administration (FMCSA) regulations regarding the number of hours in a day that one may work are routinely flouted. A trucker may drive without sleep or may engage in the use of illegal substances in order to meet quotas that are set above legal limits.
Teen Pedestrian Dies Trying to Cross I-35
On December 5, 2017, a young man was struck by a car as he tried to cross I-35, later dying in a Round Rock hospital. Originally thought to be in his 20s, the young man turned out to be only 15 years old. While obviously the young man’s passing is a tragedy, it highlights the danger to pedestrians when they attempt to cross busy streets, and the potential consequences for both they and the drivers involved in such accidents.
The Dangers of I-35
While obviously, any road can be dangerous, I-35 has a reputation for being exceedingly hazardous, for a multitude of reasons. It has consistently been voted one of the most congested highways in the state, and ranks in the top 10 or 20 in many lists of the busiest roads nationwide. The more traffic on a highway, as one might imagine, the higher the amount of accidents generally, and usually a higher number of casualties will result. This can often be doubly true for the occurrence of accidents involving pedestrians and smaller vehicles like motorcycles – neither has anywhere near as much protection as a car or truck driver does from injury during an accident.
Fall Off Overpass Kills Austin Motorcyclist
Tuesday, December 12, 2017, was a deadly day on Highway 183, as a motorcyclist was struck by what appeared to be a truck from behind. Instead of throwing the man to the ground, the force of the collision propelled the motorcyclist over the side of the overpass, dropping approximately 50 feet to the street below. He died of his injuries on the evening of December 14. It is sadly instructive to note the precautions that were and were not taken in this unfortunate accident, as this type of accident happens to motorcycle riders far more than any other type of driver.
Motorcyclists at High Risk
Simply because of the relative lack of protection afforded by a motorcycle compared to a car, many more motorcyclists are injured or killed proportionally than auto drivers if there is an accident between the two. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that motorcycle fatalities occur as many as 27 times more often than fatalities among auto drivers and passengers, and a significant portion of these are simply due to the manner in which an accident might occur. For example, an accident where a motorcycle is sideswiped may lead to injury or death, but a head-on collision is going to place a motorcycle against a vehicle at least three times its weight, and very often far more. Simple physics lead to the conclusion that the motorcyclist will get the worst of such a crash.
One Killed, Two Hurt after Collision with Drunk Driver
On December 10, 2017, one woman was killed when her car was struck head-on by a Suburban that had veered into her lane of traffic on Culebra Road. The driver was under the influence. Such stories are unfortunately not unusual on San Antonio roads, and those left behind after crashes of such severity are inevitably both injured and grieving. If you have been injured or lost a loved one in a negligent car crash, especially if alcohol is suspected, you may have a claim for your own injuries, and also possibly for wrongful death, as the deceased woman’s husband may choose to pursue.
Wrongful Death and Personal Injury
If you have been injured due to another driver’s actions, you may be able to recover damages to help pay your medical bills. There are four criteria that must be met in a Texas negligence case. You must be able to demonstrate to the court that (1) a duty of care between motorists existed (which is established by law in the Texas Transportation Code); (2) that duty was breached; (3) the breach was directly due to the defendant’s conduct, with no other cause; and (4) because of that breach of duty, you were tangibly injured – not necessarily physically, but in a manner more serious than cuts and bruises or a simple shock. If you can demonstrate these points while showing that you were not more than 51 percent responsible for your own injuries, you will likely be able to recover.
Truck Loads Can Be Dangerous All on Their Own
When one thinks of accidents involving trucks, one imagines the actual conveyance being involved. However, a truck need not hit anyone in order for an accident to happen. If a load is unsecured within a truck bed, or if a semi-truck has been loaded too much, whatever is in the truck can be the agent of harm to another person, rather than the vehicle itself.
The Profit Motive Matters
With the increase in large trucks on U.S. roads, trucking companies will occasionally cut corners in their haste to move product and people across the country. This can mean hiring drivers who may not be the best fit for the job (for example, those who have conditions that would normally disqualify them), but it can also mean negligently maintaining vehicles or securing loads. The AAA Foundation For Traffic Safety (AAA) estimates approximately 25,000 accidents per year occur at least in part due to debris “unintentionally dislodged” from the roadway, and it is not unreasonable to assume that a significant part of this debris comes off large trucks.
Rollover Accident Kills One, Injures Two
Fall and winter are the most dangerous times to drive in Texas, with inclement weather raising the risk of accidents. In late October, this was exemplified in Bexar County, when a young man driving an SUV skidded and hit the center barrier, causing his car to roll multiple times. The driver and one passenger sustained injuries, but the girl riding in the back seat was killed when the car flipped over. This is sadly common, as rollover accidents are among the most hazardous to experience, especially in less-than-ideal weather.
Common Causes and Statistics
The U.S. Department of Transportation states that approximately one-third of all passenger fatalities (as opposed to driver fatalities) occur in rollover accidents, despite rollovers only accounting for 2.1 percent of all auto crashes in 2010 (the most recent available data). Rollover accidents are more likely to be single-vehicle crashes, as well; because most impact accidents happen away from a car’s center of gravity, there is less likelihood of cars tipping over. However, if a car skids or the driver loses control, the center of gravity is irrelevant and the car may flip.
Fourteen-Year-Old Girl ‘Darts in Front of Vehicle’
On November 8 in San Antonio, a pedestrian accident occurred when a teenage girl “ran into the road” on a West Side street and was struck by a car. While no severe injuries seem to have occurred in this specific accident, pedestrian accidents can be among the most hazardous in terms of lives lost simply because one party is at a tremendous advantage in terms of protection from impact. If you or a loved one has been injured in a pedestrian accident, you may be able to seek compensation for the harm you suffered.
Pedestrian Accidents Are Common in Texas
Pedestrians have a difficult time in Texas. Recent statistics from Smart Growth America, a think tank that tracks urban development, places six Texan cities and their metropolitan areas within the 50 most dangerous in the United States (only Florida has more). Speed limits are generally high, even within metro areas, and with the way that many roads in Texas are laid out, there are fewer pedestrian crossings in many areas than there perhaps should be.
Austin Man In Single-Vehicle Crash Dies
On November 17, a 55-year-old Austin man was killed when his motorcycle drifted across the eastbound lanes and wound up striking a utility pole. No other details about the accident were released as of this writing, but it is worth noting that a single-vehicle motorcycle accident is more than a little unusual, which is perhaps counterintuitive when one assesses the risks of motorcycling. That said, a single vehicle accident does not necessarily mean that no one may be held liable for events leading up to the cyclist’s death or injury.
Single-Vehicle Accident Causes
Single vehicle “run off the road” accidents made up approximately 34 percent of all traffic deaths in Texas in 2016. However, there are many different causes of these accidents. Obviously, very few single-vehicle accidents happen due to suicidality or mere chance, but most people are slow to be able to name a cause other than that. Examples include:
Road Rage and Texas Car Accidents
Most car accidents are caused by human error – a failure to signal or stop, or wrongly anticipating one’s ability to make a turn, for example, However, there is a small percentage of auto accidents in Texas that is caused by what can only be called road rage. Sometimes people simply lose their tempers – but that ceases being acceptable when others are hurt by that anger. If you have been in an auto accident due to someone else’s road rage, you likely have a cause of action under which you may seek compensation for your injuries.
Road Rage vs Irritation
Sometimes people who have experienced road rage accidents do not report it, or they minimize the degree to which it played a part in the accident because they do not believe the other driver’s behavior reached the level of road rage. In reality, any behavior driven by extreme anger qualifies as ‘road rage’ if perpetrated while driving a car, and in many cases, the risk factors can be pinpointed.
Liability in Police Chase Crashes
On November 6, a wild police chase from Bexar County to New Braunfels ended in a serious collision that wound up injuring five, including three small children. A man had been accused of stalking a woman in Bexar County, and when he was approached by law enforcement, he ran, eventually winding up in a serious collision with two cars just inside the New Braunfels city limits.
While no one was killed, as of this writing, the man and one of the young children involved in the accident remain in the hospital with serious injuries. Such accidents raise multiple questions about liability and how to handle a case with potential criminal repercussions as well as civil issues.
Are the Police Liable?
Given that three small children were injured in this accident, it is fairly standard for the parents to at least explore the possibility of whether or not the Bexar County or New Braunfels Police Departments might be at least partially liable for the injuries, in addition to the accused. While most cases involving auto accidents tend to be between two cars, this involved multiple actors, two of which are municipal entities. Although police officers have more leeway than civilians in breaching traffic laws and other regulations while doing their jobs, sometimes they can be judged to have acted recklessly in the pursuit of a suspect.
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