Recent Blog Posts
Brake Failure Contributes to I-35 Truck Accident
In September, one person died and another was injured after a semi-truck failed to stop at a red light after exiting I-35 in San Antonio. Police have reported that the truck’s brake failure was a factor in the accident. Unfortunately, accidents due to failing or malfunctioning truck equipment are not uncommon, and liability can be complex in these cases. If you have been injured in a truck accident caused by brake failure or improper maintenance, an experienced attorney can help you build the case you need for compensation.
Dangers of Failing Brakes in Texas Truck Accidents
Because of their large size and weight, big-rig trucks often require a longer stopping time and distance even with properly working brakes. At a highway speed of 65 miles per hour, a fully loaded truck can take up to 600 feet to come to a complete stop, and without working brakes, this distance can increase significantly. This can be a major problem on I-35 exit ramps, which often require trucks to decelerate in a short amount of time.
Fatal Accident in Austin Demonstrates Danger to Pedestrians
In Austin, a woman was recently killed when she was struck by a pickup truck while crossing the road at a crosswalk. This unfortunate incident serves as an example of the fact that despite Texas traffic laws aimed at protecting pedestrians, accidents still occur and leave victims and their families struggling to recover.
What Does Texas Traffic Law Say About Pedestrians?
In Texas, drivers are required to yield the right-of-way to pedestrians who are crossing at a crosswalk with a walk signal, or at a crosswalk for which no signal is in place if the pedestrian is on or closely approaching the side of the road on which the driver is traveling. In general, drivers are also required to exercise due care to avoid striking a pedestrian. Failure to follow these traffic laws may justify a claim of negligence if it results in injury to a pedestrian.
Contributing Factors in Pedestrian Accidents
The National Highway Traffic Safety Administration (NHTSA) reports that nationwide, more pedestrians died in car accidents in 2018 than in any year since 1990. Some of the factors associated with pedestrian accidents include:
Two Hospitalized After San Marcos Plane Crash
In late September, a fiery crash at Bexar County regional airport sent two men to the hospital, after two small planes collided while trying to land. The collision caused one of the planes to flip, while the other caught on fire and “became engulfed.” Thankfully, neither man appeared to have sustained life-threatening injuries – but depending on the nature of the situation, a civil lawsuit might be in the offing, if an injured person believes that the harm they suffered occurred as a result of someone else’s negligence or recklessness. If you have been injured in a plane crash, it is worth consulting an attorney so as to understand your options.
Common Causes and Effects
Civil aviation injuries and fatalities are rare, but statistics show them rising in recent years, including one fatality on a commercial airliner in 2018, where a woman was partially sucked out of a plane in flight. The majority of the injuries and deaths in plane crashes happen on small planes, like the ones trying to land in Bexar County, but the injuries themselves tend to be the same types regardless of the nature of the crash. Burns are some of the most common injuries, whether from direct heat or from other sources like electrical implements; others include broken bones, brain injuries, and spinal injuries.
Hundreds of Drivers in San Antonio Shut Down Highway
Recently, drivers on several highways in San Antonio had their commute interrupted by hundreds of drivers who shut down the road to engage in risky behavior like doing donuts, shooting off fireworks, or racing each other in the main lanes. These stoppages affected Highway 90 on the West Side, Highway 281 at Hildebrand Ave, and I-10 near Vance Jackson Road, though as of this writing only one person has been arrested and charged with racing on a highway. If you or a loved one has been injured by a street racer or someone engaged in other types of reckless behavior, be aware that you may have a civil claim for compensation even if they are not arrested for the offense.
Both a Crime and a Civil Tort
Texas law on racing on highways explicitly bans participating in a race, a “vehicle speed [or] acceleration contest,” or any type of drag race or “physical endurance” test as the operator of a vehicle. Because this definition clearly includes more than simple drag racing, it is sometimes used as a catch-all charge for disorderly or reckless behavior on a highway, such as that seen on San Antonio’s highways recently.
Salvation Army Canteen Truck Totaled on Way to Help Hurricane Victims
Hurricane Laura struck Louisiana in late August, causing 17 deaths (as of this writing) and causing significant damage to the state’s power grid. Power companies serving the region estimate months of weeks with no power, despite oppressive humidity and heat. Several charities have mobilized to help with food and water, including the Salvation Army, but in early September, a canteen truck en route from New Braunfels to Lake Charles was totaled in a rollover accident on I-10. While no one was harmed, rollover accidents are among the most deadly crashes on the road, and if you have been in one, your injuries may be severe.
“Particularly Violent in Nature”
The National Highway Traffic Safety Administration (NHTSA) characterizes rollover crashes as “complex” and “particularly violent in nature” because of the sheer amount of weight being transferred and the sheer mass involved as a vehicle rolls. Data shows that on average, only around 2 percent of all vehicle crashes are rollovers – but they include as many as 35 percent of all traffic deaths. While this is augmented by a lack of seatbelt use among many rollover victims, the statistics are still quite sobering.
Heavy Rains Cause Traffic Problems in Central Texas
Early September has seen a significant amount of rain across central and southern Texas, which has led to accidents and potential dangers that are not always seen on state roads. Low-water crossings have closed several roads in the Austin area and out in Travis, Hays, and Williamson Counties, but perhaps the most shocking incident came on 360 Capital of Texas Highway on September 9, when rocks fell near Courtyard Drive southbound onto the highway itself. If you are involved in an accident due to weather-related issues, know that sometimes you may be able to recover for your injuries, but sometimes, the accident will be seen as so unforeseeable that no one can be held liable.
Each Case Is Different
On the whole, weather-related vehicle crashes play a role in more deaths in the U.S. than major disasters like hurricanes or tornadoes. Statistics from the U.S. Department of Transportation (USDOT) estimate approximately 5.9 million vehicle accidents every year, with about one-fifth having a weather-related component. Roughly 16 percent of all vehicle deaths in the country each year result from weather-related accidents, while the average for natural disasters (floods, lightning storms, tornadoes, hurricanes, and heat) is only about 380.
Labor Day Weekend Is a Dangerous Time on Texas Roads
Labor Day is traditionally a time for people to be out on the roads, having one last hurrah before autumn begins. However, because so many people are usually on vacation or trying to get to their vacations, it does mean that Texas roads can become somewhat dangerous. While traffic may be less than usual due to the COVID-19 pandemic, it is still worth taking particular care on Labor Day weekend, lest you wind up in an accident that could have been avoided.
DUI Accidents Are Common
Last year, Texas troopers handed out over 102,000 citations and warnings, with roughly 1,200 arrests, in the three day period, and an untold number of civil lawsuits stemming from the same incidents. The most common types of civil lawsuits that occur as a result of Labor Day accidents are those involving driving under the influence and those where a passenger is injured. While it is often fairly simple to establish liability in cases involving drunk or high drivers, it is difficult for many injured passengers to determine just who might be liable for the harm they suffered.
Two Bicyclists Killed in Accidents Within Minutes Finally Identified
One night in late August, a bicyclist was rear-ended by a small SUV while riding in the center lane of Ben White Boulevard, near Alvin Devane Boulevard. The cyclist was unfortunately pronounced dead at the scene, though the driver remained near to assist and did not face any charges as a result. Another fatal bicycle crash happened exactly two minutes later, in the 13700 block of Research Boulevard, near Lake Creek Parkway. While the crashes do not appear to be related to each other, they do illustrate the potential hazards that bicyclists face on Texas roads. If you have been injured in a crash while riding your bicycle, understand that you do have potential options for seeking compensation in most cases.
Bicycles Are Vehicles
Bicyclists and other pedestrians deal with significant hazards on Texas roads, given that the primary focus of state officials is on making the roads safer for drivers, not pedestrians. Texas has some of the highest speed limits in the country, as well as most of its cities ranking low on pedestrian infrastructure in several studies. Texas as a whole also ranks near the top in terms of the pedestrian danger index (the measure quantifying how potentially hazardous its roads are for people walking, bicyclists, and other non-drivers).
Eighty-Year-Old Driver Dies in Dessau Road Crash
On August 10, an 80-year-old woman was driving through the intersection of Bradbury Lane and Dessau Road when she was struck by a Nissan Armada traveling through the same intersection. It took law enforcement roughly two weeks to identify the deceased woman, but eventually, they were successful. The crash marked Austin’s 58th traffic fatality in 2020, which is a notable rise from the previous year. There does not appear to be any indication that the deceased woman’s family intends to file suit against the other driver, but if they did, they might conceivably be able to file a claim for wrongful death under Texas law.
File Your Suit ASAP
When someone dies in a traffic accident, it can sometimes be merely a tragic mistake. However, if someone dies due to the negligence, wrongful act, or carelessness of another person, their death is considered wrongful under Texas law (if the connection between the death and the other person’s actions can be proven). A finding of wrongful death can result in financial liability for the defendant, both for tangible expenses like funeral costs and for intangible damages like mental anguish or pain and suffering.
Product Liability May Play Role in Applewhite Road Accident
Recently, a man was speeding near the 13000 block of Applewhite Road in San Antonio when his tire blew out. The blowout caused him to lose control of his car, with the vehicle crossing the median and crashing into an oncoming big rig. The man was taken to a nearby hospital for treatment, but later died of his injuries. While many accidents of this type result in personal injury or wrongful death cases, it is sometimes possible to mount a cause of action in product liability. In an accident like this, someone who was injured (or the family of a deceased accident victim) might conceivably try to file suit against the tire manufacturer, alleging product liability.
Strict Liability
Product liability cases in Texas differ substantially from a standard personal injury action. Someone brings a personal injury lawsuit when they have been injured due to the negligence of another person and want to hold them accountable. In some states, this is the same procedure that one might use to file suit against a product’s manufacturer, but in Texas, a product liability case is based on strict liability. This means that negligence is irrelevant – if the product had a defect of some kind, and the product caused you harm, the manufacturer is liable for damages.
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