Recent Blog Posts
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.
FDA Warns Parents About Dangerous False Cures for Autism
Learning your child has autism is tough for any parent. There are too many things to consider all at once: What is best for my child? Will he learn to read and write? Will she be able to be independent? How will this affect his future? While physicians and experienced teachers can provide parents with guidance, some parents turn to sources that claim they can treat children with autism or even cure them. However, the U.S. Food and Drug Administration (FDA) is reminding parents that there is no cure for autism and products on the market that claim to be a cure could pose a significant danger to your child.
Fake Cures for Autism Are Serious Health Risks
Some companies make claims that their products can treat an autism spectrum disorder (ASD) by improving the effects of the condition, or can cure autism altogether. It is not possible to cure autism at all. An ASD can affect an individual’s social skills, speech, and nonverbal communication, and often results in repetitive behaviors. Children who are autistic can display a range of symptoms and will have unique strengths and challenges. According to the U.S. Centers for Disease Control and Prevention, about 1 in 68 children are diagnosed with an ASD. The symptoms of the condition should only be handled by licensed physicians who can recommend certain types of education and therapy or prescribe medications when absolutely necessary. False cures and treatments not prescribed by a doctor are often substances that could pose serious health risks to children.
Update on Deadly Bus Crash Involving New Braunfels Residents
On March 29, 13 members of the First Baptist Church of New Braunfels were killed when a truck collided with the bus they were riding in Uvalde County. Only one individual from the bus was hospitalized in critical condition and survived the crash. The 20-year-old driver of the truck was also injured and survived. While the exact cause of the collision is being investigated, there are reports that the young driver of the pickup truck was on prescription medication that could affect his faculties and was texting immediately prior to the crash. An affidavit from the driver uncovered he had taken Clonazepam, Ambien, and Lexapro prior to the accident and he admitted to being distracted by his cell phone. Considering the nature of the accident and its consequences, it is not surprising that a wrongful death suit has already been filed.
Wrongful Death Suit Following the New Braunfels’ Church Bus Crash
Texas Man Killed in Hit and Run Accident
Last month, a Texas man was killed after being struck by a vehicle on State Highway 155, according to the Texas Department of Public Safety (DPS). The DPS is looking for a dark-colored truck, potentially a Chevrolet, which was traveling west on SH 155. The victim was standing at the end of his driveway when the truck apparently veered onto the shoulder and hit him. He was pronounced dead at the scene. The driver of the vehicle did not stop at the accident and render aid as required by law. The DPS is looking for the driver who may be charged with hit and run.
The Criminal Consequences of a Hit and Run
Texas law requires that any individuals who are involved in an accident stop immediately, keeping their vehicle out of the way of traffic. For an accident involving damage to another vehicle, a driver must stop, provide their information, and if possible, render aid. If an individual does not stop and fulfill these requirements, then they can be charged with a misdemeanor. The level of the misdemeanor depends on the amount of damage to the vehicle. For a minimal amount of damage valued at less than $200 it will be a Class C misdemeanor, punishable by a fine. A greater amount of damage results in a Class B misdemeanor, punishable by up to 180 days in jail and up to a $2,000 fine.
As Summer Begins, Remember Motorcycle Safety
In early May, a motorcyclist was traveling on State Highway 130 at a high rate of speed when he collided with another vehicle in slower traffic. Traffic up ahead had slowed drastically due to a vehicle fire. The motorcyclist was unable to stop his motorcycle and struck the rear of another vehicle, which caused him to be thrown into a second vehicle. The crash occurred around 7 p.m. and the rider was pronounced dead approximately an hour later. This accident is a tragic reminder of the motorcycle crashes, injuries, and fatalities that occur each summer. As we head into another warm season, motorcycle riders and drivers need to remember how to keep each other safe and avoid collisions.
Motorcycle Safety Tips for Riders
There are a few steps motorcyclists can take to avoid a crash with other riders or vehicles, including:
- Avoid speeding. While the feel of the wind can entice riders to go faster, speeding is a leading cause of motorcycle accidents and fatalities. Riders should stick to the speed limit at all times and slow down during heavy traffic or poor weather.
Three Immediate Ways to Protect Your Rights after a Collision
Nothing is as scary as being involved in a car wreck, especially when you are the victim. The moment you are hit, shock mode ensues, causing you to either freeze up or jump into action. Even if you are fortunate enough to respond to the adrenaline rush with swift action, it is not at all uncommon to experience forgetfulness or the inability to focus on attention to detail. This can be problematic when the need to take notes is time sensitive. Your observations immediately after a collision have the potential to make a significant difference in the outcome of your case later on, once the accident has been reported and any court hearings take place.
What to Do the Moment You Are Struck
There are a number of actions you can take the moment you are struck to increase your chances of protecting your rights later on, but three of the most immediate ways you can protect your best interests include the following:
UT Student Killed in Moped Accident
A University of Texas at Austin student passed away on Monday, April 17 after being involved in an accident on her moped on Manor Road. Around 7:30 p.m., the student is believed to have swerved into traffic after experiencing a mechanical issue on her moped, at which point she collided head-on with a privately owned bus.
The tragic accident is a reminder of the unique dangers of motorcycles and mopeds. If you lost a loved one in a moped or scooter accident, contact an experienced Austin personal injury attorney for help.
What Is a Moped?
Mopeds are motorized scooters. They have small engines and can usually only go as fast as 30 mph. While they can look a great deal like scooters, mopeds must have a license plate. If a moped can move faster than 30 mpg, requires shifting gears, or has a piston displacement of more than 50 ccs, then it is actually considered a motorcycle. Texas provides a certified mopeds list for individuals to be sure of how their vehicle is classified.
Two Men Killed in Texas Train Accidents the Same Weekend
On April 2, one man was killed as he and three other men jumped from a moving Union Pacific train in Texas. The men boarded the freight train in Austin and hopped off near Interstate 35, just north of the Texas State Technical College campus. The witnesses report that the man threw his belongings from the train prior to attempting to jump, but he slipped and fell between the train cars. The reported the incident at a nearby gas station. The day before, another man lost his life in a train incident in Austin. Before 10 p.m. on West 5th street, a man was struck by a Union Pacific train when he was on the tracks. Unfortunately, news reports of pedestrian-train accidents are not uncommon and they may lead to wrongful death claims.
Texas Pedestrian-Train Accidents
In 2016, the Federal Railroad Administration reported 445 pedestrian-train-related accidents in Texas. While some of these incidents were minor and involved few injuries, others, like the recent accidents above, led to fatalities. In 2016, there were 64 train accident fatalities. This may seem like only a few fatalities compared to the numbers associated with car accidents. However, 64 fatalities for a year in relation to train incidents is high.
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