Recent Blog Posts
San Antonio Man Charged with Murder After Four-Vehicle Crash
Recently, a four-vehicle crash on the southeast side of San Antonio killed one woman after a man driving a stolen car struck three cars as he ran through a red light. The man ignored a red light and drove a stolen Toyota RAV4 into a Ford Focus, which triggered a chain reaction with two other cars. One of the drivers of the other cars was hospitalized after the crash, only to eventually die from her injuries. The man has been charged with murder, aggravated assault with a deadly weapon, and theft of a vehicle – but one may wonder why the man is facing criminal charges, while many who accidentally cause the death of another person face only civil liability.
Homicide vs. Wrongful Death
When someone dies due to another person’s actions, it may result in either civil liability, criminal guilt, or both. The general principle is that while homicide may fall under the umbrella of wrongful death, not every wrongful death rises to the level of homicide. Texas law defines homicide as causing the death of another individual “intentionally, knowingly, recklessly, or with criminal negligence.” Conversely, wrongful death is when someone’s death is due to another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.”
Pedestrian Killed in April Crash Identified
In August 2020, law enforcement was finally able to identify a 58-year-old man who was struck and killed while walking on I-35 North in April. He was hit by a truck in the early evening, but due to his lack of identification, could not immediately be identified upon his passing. While the man’s family can now at least get some closure, it is important to keep in mind that pedestrians are the most likely people on the road to suffer serious, life-changing injuries due to another person’s negligence. If you have been struck by a vehicle, you may be able to seek compensation for the harm you have suffered.
Pedestrians Are Vulnerable
The most recent available data from the National Highway Traffic Safety Administration (NHTSA) estimates that approximately 6,300 pedestrians died in traffic crashes in 2018, with the highest percentage of fatal accidents happening between 6 PM and 9 PM. While senior citizens are the most likely to be involved in a pedestrian accident, every age group is affected by the factors that lead to these types of crashes – for example, poor infrastructure, such as a lack of sidewalks or streetlights, may lead to pedestrians walking in the road.
High-Speed Crash on I-10 Frontage Road Sends Two to Hospital
Recently, a speeding Ford Explorer ran a red light at Wurzbach and I-10, colliding with another vehicle. Once the crash settled, however, three men exited the Explorer and tried to run away, making it about half a mile before police caught up. The men were arrested, but each vehicle also had one passenger injured seriously enough to require hospitalization. While the men who ran face a host of charges, including failing to stop and render aid and possible driving under the influence (DUI), they may also face potential civil liability. If you are involved in a crash where someone is trying to avoid police, it is important to keep in mind that criminal charges have absolutely nothing to do with civil liability, and both must be addressed.
“Reasonable and Prudent” Speed
Speeding, as the Explorer was doing, can lead to both civil and criminal liability, depending on the circumstances. Data from the National Highway Traffic Safety Administration (NHTSA) shows that almost 9,400 people died due to speeding accidents on U.S. roads in 2018, and estimates that excessive speed plays a role in as many as one-third of all accidents. Most states have laws against speeding, and Texas is no exception, with its Transportation Code mandating that drivers not drive at a speed “greater than is reasonable and prudent” for the specific situation.
Seventy-Year-Old Woman Dies in San Marcos Crash
Recently, a 70-year-old woman died in a two-car accident near the Blanco River exit on I-35 SB. The crash involved a semi-truck and a Dodge Journey. Law enforcement stated that they believed the woman was not wearing a seatbelt at the time of the crash, which may have played a role in causing her injuries. Hays County EMS transported her to Ascension Seton Hays Hospital in Kyle for further treatment, but she eventually died of her injuries. While too many lives are lost in road accidents every day, many plaintiffs who sue for their injuries worry that they may face reduced awards because they failed to wear a seatbelt. Texas law on seatbelt use has only become settled within the last few years, and it can be difficult to understand what responsibility it may convey.
Use or Non-Use Is Relevant
Up until 2015, Texas law on seatbelt use evidence was that while the plaintiff’s failure to wear a seatbelt in a car accident might have played a role in causing their injuries, it played no role in causing the accident itself, so it was seen as inadmissible on the grounds of relevance. However, this outlook began to fall out of favor as seatbelt use climbed and the concept of responsibility evolved; while it is true that seatbelt use or lack thereof would not have caused the accident itself, eventually the case of Nabors Well Services Ltd. v Romero (2015) established that it was still relevant evidence for the purposes of determining the extent of the plaintiff’s injuries.
Is COVID-19 Indirectly Making Our Roads Safer?
The COVID-19 pandemic has been affecting the United States for most of 2020, with consequences forcing major changes to almost every aspect of normal life. One change that has slid under the radar, so to speak, is that for a variety of reasons, the number of traffic accidents has dropped sharply since March (though evidence suggests that the rate of car crashes has actually risen). It is worth studying the trends as to why this is happening and what we can learn from it when movement restrictions are lifted. If you must leave your home, knowing that your risk of a traffic accident is lower may offer some temporary comfort.
Why Bother Studying This?
Though the average person might be able to guess why the number of traffic accidents has dropped since the beginning of the pandemic – fewer people required to commute means fewer cars on the road, which in turn means fewer cars to get into accidents – studies are still being done, so that any deeper causation might be discovered. Any information that can be divined from this type of study might wind up saving lives in the future. In addition, there is evidence to suggest that while the overall number of accidents has decreased, the rate has been rising slowly but steadily.
Multi-Vehicle Crash Closes NB I-35
One recent morning saw all the lanes of northbound I-35 closed near Stassney Lane, in South Austin, after a “multi-car crash” occurred. The highway was closed for several hours while crews cleared the debris from the accident, only opening hours later to morning traffic. No word as of this writing as to how many people were injured or killed, but it is reasonable to assume that someone sustained an injury due to the sheer tonnage and potential dangers of a multi-car crash. If you find yourself in this situation, it is important to be aware that establishing liability in a multi-vehicle accident is generally more difficult than doing so in a single-car crash.
Causes and Effects
Multi-vehicle accidents are less common than single-vehicle crashes, but when they happen, it is most often on highways or at busy intersections. The causes of multi-vehicle crashes are many, but some of the most often seen include inclement weather (and, indirectly, driver recklessness, such as failing to take precautions while driving through bad weather), speeding, and, in rural areas, so-called “highway hypnosis.” Distracted driving is also a particular issue in multi-vehicle crashes, especially since one wrong move can lead to significant damage and injury.
Professional Boxer Dies in Travis County Crash
A 24-year-old Austin man was killed in a car accident on the night of July 16, when the Cadillac STS he was riding in crossed the centerline of FM 1438 and struck two other vehicles. The accident occurred around 9:40 PM, and the man was pronounced dead at the scene, though another driver, a 61-year old Lago Vista man, died later at St. David’s Round Rock Medical Center. If someone loses a loved one, they may be able to recover monetary compensation, for both the tangible and the intangible, and if the man had been killed in an accident by the negligence of another driver, his family could seek significant damages. The man was an up-and-coming boxer who won the World Boxing Council-NABF Super-Welterweight title in January and had aspirations to higher titles.
You Must File Quickly
The Texas Wrongful Death Act says that the surviving family of a deceased person may seek compensation from a defendant if it can be shown that the deceased person died because of the defendant’s “wrongful act, negligence, carelessness” or any conduct where it can be shown that they failed to exercise reasonable care. Only the surviving family of the deceased person may file suit – generally parents, children, and the surviving spouse – though the personal representative of the estate can do so if the family has not filed within a certain time frame (usually 90 days).
Two-Car Crash Sends Family of Six to Hospital
Recently, a two-car crash in the 600 block of North Business in New Braunfels killed one man and sent a couple and their four children to the hospital with “non-life-threatening” injuries. Law enforcement found that a Ford Focus was struck by the family’s Ford Transit 350 van after the Focus went over the road’s median and into the van’s path. The Focus driver was killed on impact, but the parents and their four children were only injured. It can be difficult to determine how best to proceed if you have been injured in an auto accident, especially if the person who caused your injuries is deceased. It is possible, though, and having an experienced attorney on your side can help make the process seem less intimidating.
Stats and Causes Vary
Because of Texas’ high population and high-speed limits (among other factors), the state posts high collision numbers every year. In 2019, almost 13,000 serious injury crashes occurred, with approximately 15,800 people sustaining a serious injury; this is a slight drop from the previous year, where only about 12,100 accidents occurred, with 14,900 individuals injured seriously. There was also a decrease in traffic fatalities from the previous year by about one percent. Still, a staggering 256,000 people were injured, overall, in Texas traffic crashes. Any type of drop-in injury and fatality statistics is a good thing, but it must be said nonetheless that Texas roads can be quite dangerous.
Lake Travis Crash Kills One, Injures Five
Recently, a major car accident near Lake Travis killed one person, and left five with injuries ranging from “minor” to “life-threatening.” The accident occurred near the 5200 block of North RM 620, killing one adult at the scene. Very little information was released about the crash, with law enforcement officials citing privacy concerns for the injured, though it was reported that one of the transported was unconscious, with another being pinned in their vehicle for some time. If you are unfortunate enough to have been involved in this type of accident, your medical bills are likely mounting, and you need a dedicated attorney on your side to help ensure they will be covered.
Statistics Show Accidents on the Rise
Texas roads have been getting more and more dangerous over the last few years, with Department of Transportation (TxDOT) statistics showing a small increase (between one and five percent) in the number of traffic accidents each year, with the number of serious injuries increasing by around the same amount. There are too many possible causes of serious injury accidents to count, but some examples include distracted driving, substance use (drugs or alcohol), speeding, and failure to share the road – behavior like failing to check mirrors or stay within the lanes while driving.
Loop 1604 Sees Fiery 18-Wheeler Crash
A recent morning saw a dangerous crash on Loop 1604, near Shaenfield Road, as a truck driver rolled his 18-wheeler after an “unknown vehicle” allegedly cut him off and caused him to lose control. He managed to escape, though he sustained third-degree burns and was airlifted to University Hospital with “life-threatening” injuries. While only the driver of the truck was injured in this accident, sometimes there are many more victims when 18-wheelers crash. If you are ever involved in a trucking accident, the potential for life-changing injury is sadly all too real.
Causes and Effects
Statistics from the Texas Department of Transportation (TxDOT) show that 592 people died in crashes involving commercial trucks or semi-trailers in 2019. This may not seem like many, but the numbers add up nationwide, and the number of serious injuries can be more than twice the number of fatalities in any given year. Large trucks like the one that rolled on Loop 1604 have the advantage over the average driver and vehicle in terms of weight and velocity, and the sheer tonnage involved can lead to potentially life-changing injuries for the accident victim. Truck drivers are actually less likely to be severely injured unless the accident involves an explosion or fire, as the Loop 1604 crash did.
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