Recent Blog Posts
North Lamar Blvd Rollover Kills One
Recently, a rollover accident in the 2600 block of North Lamar Boulevard in Austin killed one person. The person was transported to Dell Seton Medical Center with “critical, life-threatening” injuries, but was pronounced dead not long after arrival. Sadly, this is too common in rollover crashes; this type of crash is so disproportionately deadly that if you survive, you can unfortunately almost guarantee that your medical bills will be severe. While a majority of rollover accidents are single-vehicle crashes like the North Lamar Blvd crash, this does not necessarily mean that no one else may be liable for your injuries.
Causes and Origins
While much of the data regarding rollover accidents in the United States is slightly outdated, there are still patterns that one can learn from in these findings. The National Highway Traffic Safety Administration (NHTSA) estimates that while only around 2 percent of all the vehicle crashes in 2010 were of the rollover type, those accidents yielded nearly 35 percent of all the traffic fatalities in that year. The data also noted that the majority of those killed in rollover crashes were not wearing seatbelts (roughly 70 percent).
Pedestrian Dies After Being Struck By Car
Austin-Travis County EMS reported the death of a pedestrian recently after he was struck by an automobile at the intersection of Bee Cave Parkway and Ranch to Market Road 620 out in Travis County. Bee Cave police stated that the pedestrian had been jogging when an automobile hit him from the side. While no one else was injured, and the family of the person killed does not appear to have stated any plans to file suit, a wrongful death suit might nonetheless be appropriate, if the family believes that negligence played a role in their loved one’s passing. Consulting an experienced attorney is a good way to understand your options if you are unfortunate enough to find yourself in a similar situation.
Pedestrians More Likely to Die
Pedestrian fatalities on Texas roads have been generally on the rise for the last few years, with 660 happening in 2019. Nationwide, the total has risen even more, with 2018 seeing the highest total of pedestrian fatalities since 1990. In Texas, rising speed limits on state roads and more pedestrians on the road, in general, have caused heightened danger for non-auto drivers every time they go out on the road. A lack of care on drivers’ part also plays a major role, with many simply not remembering to look for pedestrians or share the road with them.
Driver Seriously Injured on I-37 Trying to Pass Slower Cars
Recently, one man was hospitalized after his BMW crashed “at a high rate of speed” on Interstate 37, near Fair Avenue. The man was swerving and passing slower cars, when he overcorrected his course and struck a concrete wall. The driver was thrown from his vehicle, suffering “severe” head injuries and a broken leg. As of this writing, he is at Brooke Army Medical Center in critical condition. No word exists on anyone injured by the driver’s actions, but this is the kind of accident that is ripe with the possibility for motorists to be injured by one driver’s negligent conduct. If you are injured in this type of accident, you may be able to receive compensation for the injuries you have suffered.
Negligence vs Recklessness
In accident cases like this, there is often debate about whether the at-fault driver’s conduct was negligence or recklessness. Texas law defines negligence as failing to uphold the duty of care that one owes to another person – essentially, not being careful enough in one’s actions. By comparison, recklessness is when someone is aware that they are potentially endangering others, but does not care at all. Negligent conduct is behavior that could have potential consequences for another person; reckless conduct is behavior that almost certainly will have potential consequences for another person. Both can lead to injury or death for someone who did nothing to bring it upon themselves.
Two Car Crashes in 24 Hours Near South Side Home
Recently, the homeowner whose home lay near the corner of Rigsby and Elgin Avenue experienced not one, but two separate car crashes – one vehicle striking the porch, and the other striking a tree in the front yard. While thankfully, no one was hurt, the homeowner went on the record, hoping that the City of San Antonio will do something to fix the roadway “before any more crashes occur.” If you are ever so unlucky as to experience this type of crash where you can argue that poor road maintenance played a role, it is important to keep in mind that you may have a cause of action against the city instead of simply thinking it all your own fault.
Bad Roads Cause Accidents
The area near Rigsby and Elgin Avenue has anecdotally been known to be hazardous for some time, with the homeowner describing “two slopes” where cars “pop up” and lose control. In general, Texas roads are in substandard condition, with the percentage of roads in good condition steadily decreasing over the years – a recent study by the nonprofit group Tripnet estimates that approximately 26 percent of Texas’ major roads are in poor or mediocre condition. The state and local governments where broken-down roads are located have an obligation to maintain them in good condition, and failure to do so may open them up to liability.
Bicycle Lanes Installed on Congress Ave
Recently, the City of Austin installed temporary bicycle lanes on Congress Avenue in Austin, from 11th Street, across Ann Richards Bridge, to Riverside Drive. The move is intended to allot more space for people to exercise and make more essential trips safely, as well as to hopefully promote greater social distancing. However, because more inexperienced bicyclists may choose to use the lanes, it also may lead to an uptick in accidents. If you are involved in an accident in a bike lane, you may have some choices to make if you wish to seek compensation for your injuries.
Positives and Negatives of Bicycle Lanes
Texas is a state with a high amount of bicyclists and other pedestrians, but correspondingly, more accidents occur, particularly between bicyclists and vehicles. Bicycle accidents have been on the rise in Texas, as well as cyclist fatalities – 2018 data saw 72, which does not seem like very many, but the previous year saw only 57, which is approximately a 26 percent increase. It is worth asking why and trying to be aware of potential hazards.
Head-On Collision Kills One on Far West Side
Recently, an accident at Loop 1604 and Pue Road left one person dead after a car veered into oncoming traffic. The impact caused one car to roll over, and the other to wind up far off the road, leaving the driver who veered into traffic trapped in their vehicle, and the second driver dead at the scene. While as of this writing, no information exists on whether or not the driver’s family intends to seek redress for their loved one’s wrongful death, if they decide to do so, they may be able to recover from the first driver. If you lose someone in a similar accident, know that while money will not bring back your loved one or family member, it can help keep your family afloat while you adjust.
Two Types of Suits
Technically, there are two types of wrongful death lawsuits under Texas law, though a bereaved family generally only pursues one. A standard wrongful death suit seeks damages for the loss of a loved one due to another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.” It is brought by the estate’s personal representative on behalf of the surviving family (parents, spouses, and children), and seeks to recover damages like lost earning capacity, loss of support and services, mental pain and suffering, and potentially lost inheritance.
Father and Son Killed In Motorcycle Crash
Recently, a father and son were killed in San Antonio after a motorcycle crash. Both were thrown from their vehicle after they missed a curve and struck a concrete wall. Law enforcement had very little information about the cause of the accident, though speeding appears to have played a role. If you are unfortunate enough to lose a loved one in a motorcycle accident, it is important to know that you have options in terms of seeking compensation.
Single-Vehicle Accidents Can Be Caused By Someone Else
One of the most important things to keep in mind if you have been in a single-vehicle accident is that another person may have played a role in the crash occurring. A single-vehicle crash is one where the damage is confined to a single-vehicle – not a crash in which only one vehicle played a role. Depending on the specific situation you find yourself in, it is very possible that another driver or an outside actor might be held liable for your injuries.
Single-Car Rollover in Round Rock Kills One
Recently, a single-vehicle crash on A.W. Grimes Boulevard in Round Rock killed one person. The 34-year-old driver was pronounced dead at the scene, though no one else was injured, and no major property damage appeared to have occurred. Single-vehicle rollover accidents are sometimes solely the fault of the driver, but this is not always the case. If you have managed to survive a rollover accident, you may be able to seek compensation from an actor whose conduct made your accident more likely, even if they were not injured in the accident themselves.
The Most Deadly Type Of Accident
Statistics from the U.S. Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) paint an intimidating picture of the aftermath of rollover crashes – justifiably so in most cases, given that they involve vehicles weighing thousands of pounds flipping over and expelling their contents. NHTSA statistics estimate that only around 2 percent of all traffic accidents are rollover crashes – however, they account for roughly 35 percent of traffic-related fatalities during that time.
San Marcos Semi-Trailer Crash Kills One
Recently, a 70-year old man was killed after his pickup truck crashed into the back of a semi-truck. According to law enforcement, he swerved to avoid another vehicle near the River Ridge Parkway exit only to crash into the back of the trailer. This is sadly common on Texas roads, especially in situations where construction is going on, as it was on River Ridge Parkway. Truck accidents are disproportionately severe in terms of injury and fatality, for a variety of reasons, and if you have been injured in a crash with a semi-truck, your medical bills will likely be very high. Having an attorney on your side can be helpful to try and seek compensation for what you have been through.
Causes of Truck Accidents
Commercial trucking companies handle shipping all over the country, and as such, they are motivated primarily by money. Delays can cost the company significantly, and because of this, it is not uncommon for truck drivers to perhaps drive longer than is recommended, or edge past speed limits. For example, the Federal Motor Carrier Safety Association (FMCSA) has rules that govern the number of hours a driver may safely put in on the road – however, drivers have routinely admitted to falsifying their drive-time logs and otherwise ignoring the regulations in the name of profit (though it can be assumed that pushing the envelope is often done at their employer’s urging).
Teenage Driver Dies After Crash
Recently, a 17-year old driver died when his car struck a Chevy SUV turning into a business parking lot off South Hackberry Street, near East Cesar Chavez Boulevard. All four people involved in the accident – the teenager and his passenger, and the driver of the Chevy and her small child – were taken to University Hospital. The driver and her child suffered “non-critical” injuries, while the teen driver’s passenger suffered “non-life-threatening” injuries and the driver himself was pronounced deceased. Law enforcement told the press that “charges were pending,” but in addition, the Chevy driver may have a civil claim against the deceased person’s estate. In Texas, it is sometimes still possible to file a claim against a defendant’s estate even if they themselves have passed away.
Is There a Cause Of Action?
In Texas, a personal injury lawsuit can be filed when a person sustains an injury as a result of another person negligently or recklessly breaching their duty to exercise reasonable care in a certain situation. Every motorist has the duty to exercise reasonable care in their interactions with other drivers or pedestrians, and if they do something to breach that duty, they may wind up on the hook for any injuries they cause with that reckless action. The teenage driver struck the Chevy (rather than the alternative), which breaches their duty to exercise reasonable care, and as he struck the Chevy, he caused injury.
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