One Dead After Head-On Crash
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.
There are multiple immediate causes possible for head-on crashes as well, but they ultimately all relate back to one driver losing focus. Falling asleep at the wheel, a lack of ability to see, or any other issue that affects one’s smooth operation of a motor vehicle is more likely in many cases to lead to a head-on collision than to any other type of crash, because a person who is drifting off or losing vision is not likely to turn – but neither, paradoxically, are they likely to stop the car. The elderly woman in the Lago Vista crash was thought to have drifted off at the wheel briefly, moving over the center line.
Should I Sue?
Not every accident is grounds to bring suit, but if you have been injured and believe that it is due to another person’s negligence, you should at least consider suing. If, in the Lago Vista accident, the younger driver had passed away instead of the elderly lady, the young man’s family might have been justified in bringing suit against the elderly lady, in either a wrongful death or survival action (depending on which causes of action were determined to provide the most compensation to the family).
If you are injured by the actions of someone who later passes away from their injuries, you may be able to bring a claim against their estate. In Texas, this can be done anytime before the estate is closed. Be advised that if you miss the applicable statute of limitations (generally two years, for claims made against estates), you may be forever barred from filing. The statute of limitations in which to file suit for negligence against a live defendant is also two years from the date of the accident, so generally, it is a good idea to plan for that amount of time (but checking to be certain is always a good idea, as certain specific fact patterns may apply).
Ask Our Knowledgeable Attorneys for Help
While the younger driver in the Lago Vista accident is expected to make a full recovery, you or a loved one may encounter a similar situation and not be so lucky. If you have experienced a head-on collision and been injured as a result of someone else’s negligence, our passionate New Braunfels collision attorneys at the Bettersworth Law Firm may be able to assist you in determining how best to proceed. Call our office today to set up an appointment.
Sources:
http://kxan.com/2018/03/07/elderly-woman-dies-in-lago-vista-crash-on-fm-1431/
http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.355.htm
https://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/01.pdf
