Recent Blog Posts
Disabled Woman Struck by Hit and Run Driver
On the night of July 3, 2017, a disabled woman in an electric wheelchair was struck by a car while crossing Blanco Road in San Antonio. The driver did not stop to assist the woman, driving away and leaving her in the street. As of this writing, she is still hospitalized, but the important thing to note is that hit-and-run accidents do happen, and they differ significantly from the average automobile accident, not least of all because a hit and run may lead to criminal charges as well as civil liability.
Hit and Run Penalties Are Stiff
Because Texas is so vast and has so many roads and drivers, its laws tend to treat traffic laws and breaking them as fairly serious offenses. Indeed, the Texas law that deals with leaving the scene of an accident (also sometimes known as failure to stop and render aid or FRSA) was strengthened in 2014, taking FRSA from a third-degree felony to a second-degree felony, increasing the potential jail time and fine, if the driver was operating under the influence. There is no way to tell if the Blanco Road driver was intoxicated, but it is a factor one must consider.
Venomous Snakes Loose after I-35 Crash
Every so often, an auto accident will occur on Texas roads that makes one marvel at just how much of life can be chalked up to chance. While it is a worthy question to examine in terms of philosophy, though, it can be even more relevant in terms of law. Almost 30 venomous snakes got loose on I-35 after a herpetologist’s car lost a tire and rolled into the access road, trapping the driver and a young child inside. All but seven were recovered, but those seven are still loose, as of this writing. It raises interesting legal questions.
The Concept of Foreseeability
Automobile accidents are usually tried in civil negligence law, meaning that a plaintiff is seeking monetary damages for the harm they have suffered. Negligence law has four pillars that must be established before a defendant can be held liable: duty, breach of that duty, proximate cause, and a showing of harm. In short, a defendant can be held liable if a plaintiff can show that they were owed a duty of care and it was breached (that is, that a reasonable person would not have acted in the same manner as the defendant) by the defendant’s conduct, which caused harm.
No Wrongful Death Suit Against Perpetrator of March Bus Crash
On March 30, a shuttle bus carrying members of the First Baptist Church of New Braunfels was hit head-on by a pickup truck on US 83, killing 12 passengers and the bus driver. A 13th passenger later died of their injuries. The pickup driver, by comparison, was hospitalized but recovered. Two months later, on June 30, he was charged with intoxication manslaughter, as well as normal manslaughter. No civil liability has been alleged, and no suit for wrongful death or any other valid cause of action has been brought. Yet in many auto accidents, especially those where a death occurs, wrongful death litigation is often begun concurrently or set to begin directly before the commencement of a criminal trial.
Civil vs. Criminal Law
In a lot of cases, especially in such an extensive and tragic accident as the First Baptist bus crash, a civil action is begun, or at least filed, around the same time as any criminal charges. While criminal charges are fairly self-explanatory, civil claims are a bit more difficult to define. Under Texas law, a civil action is brought to hold a person liable, usually by alleging negligence on their part (as opposed to finding someone guilty of a crime and showing they broke the law). Civil actions do not result in jail time, but they can result in significant fines and other punishments aimed at making the plaintiff “whole” – that is, to redress the wrong done to them as fully as possible. Most civil cases that are decided in the plaintiff’s favor result in monetary damages being paid by the defendant or defendants.
Motorcycle Crash Injuries
On Saturday June 10 around 4 p.m., a pickup truck drove into oncoming traffic on F.M. 973 and collided with a motorcycle. The driver of the motorcycle was pronounced dead at the scene and the pregnant female passenger, who had been thrown from the bike, was taken to a local hospital. The child did not survive and the woman remains in critical condition. The driver of the pickup truck who caused the head-on collision has been charged with intoxication assault and intoxication manslaughter. If the woman recovers, she may have the right to hold the at-fault driver responsible for her injuries and the loss of her child’s life.
A Personal Injury Claim Following a Motorcycle Accident
After a motorcycle accident caused by another driver or bike, the injured victims have the right to seek compensation through a personal injury insurance claim or lawsuit. Most auto accident injuries are resolved through an insurance settlement. The injured party files a third-party claim against the at-fault driver’s insurance policy. After the insurance company investigates the crash and the claimant provides evidence of his or her injuries, then the insurer will often offer a settlement. The claimant can work with an attorney to negotiate a fair settlement amount.
Single-Vehicle Crash Sends Family to Hospital
On the night of July 11, 2017, two adults and four children wound up in the hospital after a single vehicle crash in Austin. Law enforcement logged the call as ‘auto vs. fixed object,’ which means that the automobile hit an object like a telephone pole or a guardrail under its own power, rather than being pushed into it. While the majority of people think that single vehicle accidents like this must by definition be the fault of the car’s driver, the truth is that there are multiple external factors that can cause a driver to lose control.
Texas Law Is Specific
Single-vehicle accidents tend to happen due to one of three common causes: (1) driver error; (2) vehicle failure on some level; and (3) unforeseeable occurrences. Driver error as an accident cause is fairly self-explanatory, but the other two causes are more nuanced. More importantly, they are more likely to be caused by another person, rather than any fault of one’s own, and when one is injured due to reckless or malicious conduct of another person, that is the textbook definition of negligence. If you are able to successfully show that another person’s negligent conduct played a major role in your injuries, you may be entitled to compensation.
Work-Related Injuries
One Texas metalworker is suing two companies due to injuries he sustained while working. He alleges in his suit against Alabama Metal Industries and Automation Temporary Service that they failed to follow all relevant Occupational Safety and Health Administration (OSHA) regulations, properly train him for his job, provide adequate supervision, and provide necessary tools and safety gear. Because of this negligent behavior, he hurt his right hand at work in October 2015 and suffered medical expenses, physical pain, mental suffering, and lost earnings. Ultimately, the worker is seeking between $200,000 and $1 million in damages for his physical, psychological, and financial injuries.
Workers’ Compensation in Texas
Under Texas law, most employers are not legally required to purchase workers’ compensation insurance. When businesses do provide workers’ compensation coverage, injured employees have the ability to get their medical expenses covered and obtain a portion of their lost wages. In this situation, workers usually do not have the right to sue their employer. Workers’ compensation is their exclusive remedy.
Remember Bicycle Safety This Summer
On June 3, around 1 a.m., a vehicle struck a bicyclist from behind near downtown San Antonio. The cyclist was found on the ground on West Ashby by a passerby. The responsible driver was nowhere in sight, having fled the scene of the accident. Emergency medical personnel took the cyclist to a nearby hospital. Initial reports indicated the victim may have had head injuries.
Reports like this hit-and-run accident act as a reminder for motorists and cyclists to focus on safety when they are on the roads. As summer gets underway, more cyclists will head out to commute to and from work, participate in long-distance races, and enjoy leisurely rides. While cyclists have to be ready to take common sense precautions and obey the rules of the road, motorists may need to consider how to best drive around bikes.
Tips for Sharing the Road with Bikes
There is no denying that cars, trucks, vans, and SUVs all have advantages on the road versus bicycles. They are larger, heavier, and faster. If there is a competition between the two – the vehicle will win. Unfortunately, this means that when there is a collision between a passenger vehicle and a bike, the cyclist is the individual who suffers the most injuries. What could be considered a mild crash between two cars could cost a cyclist his or her life. That is why motorists should consider the following safety tips to share the road with bikes:
Understanding the Eggshell Skull Rule in Texas
Not every driver and passenger is physically similar. Just as everyone has a unique set of physical features, like eye and hair color, each person’s health is a bit different. Some individuals involved in a car accident will have no pre-existing health conditions. Others will suffer from serious illnesses or conditions. This means similar collisions will not cause the same types of injuries. If one person has brittle bone disease, hemophilia, or another serious condition, then a relatively minor or moderate collision could result in that individual suffering catastrophic injuries no one could expect. The driver who caused the accident will be responsible for all of that individual’s injuries even though they are more extreme than could be anticipated. People who are negligent and hurt others must take the victims as they come. This is known as the eggshell skull rule.
Understanding the Eggshell Skull Rule
Avoid a Fatal Car Accident This Fourth of July
The Fourth of July is meant to be a day of celebration. From cookouts in the afternoon to fireworks at night, it is a day intended to be spent with friends and family. Unfortunately, for many individuals in the U.S., a fun day off of work quickly becomes tragic when drunk drivers head onto the road. July 4th weekend is one of the deadliest holiday weekends each year – often worse than New Year’s Day, according to the Insurance Institute for Highway Safety.
Fourth of July Accident Statistics
Every year on July 4th, an average of 118.4 individuals are killed in accidents, IIHS reported. Coming in a close second is New Year’s Day with an average of 118.2 deaths per year, for the years between 2010 and 2014.
The reason for the record-setting number of fatalities each year is a combination of increased drunk driving and motorcycles on the road. The IIHS reported alcohol was a factor in 47 percent of July 4th traffic fatalities. The normal daily average is only 35 percent. For motorcycle riders, there is an average of 26 deaths on July 4th, compared to the normal daily average of 12.1 the rest of the year.
Beloved Texas Teacher Killed in Head-on Collision
A retired kindergarten teacher and baker was killed on May 1 after a head-on collision on U.S. 67. The woman, 63, of Glen Rose, Texas, was driving her Kia Rio northeast when she was struck by another Kia driven by a 17-year-old boy. The young driver was moving southwest behind another vehicle. Initial reports state he did not see the woman’s vehicle when he attempted to turn onto County Road 1119. The boy and three other teenager passengers in his vehicle were all transported by helicopter to a Forth Worth hospital where they were admitted in serious-to-critical condition. The woman was transported to John Peter Smith Hospital in Fort Worth and passed away shortly after. The Texas Department of Public Safety (DPS) is investigating the accident.
The Young Driver May Have Had Too Many Passengers
It is common knowledge that adolescent drivers are particularly prone to distractions when driving. Having multiple passengers in the vehicle while they drive is one way to cause a distraction, which increases the likelihood of an accident. That is why many states, including Texas, restrict how many passengers young drivers are allowed to have in the vehicle at any given time.
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