Recent Blog Posts
Motorcyclist Dies In Single-Person Wreck
A man riding a stolen motorcycle was killed recently when the motorcycle hit a barricade near the 8000 block of Research Boulevard. The rider lost control and slammed into the barricade dividing the lanes of traffic, causing him to be thrown to the ground, and he was pronounced dead at the scene. While the likelihood of motorcyclists being killed in accidents is far higher than it is for auto drivers or passengers, it is certainly not always a motorcyclist’s fault when a wreck occurs. If you have been injured in a motorcycle accident, you may be lucky to be alive – but if you were harmed due to someone’s negligence, you may be able to seek compensation for the injuries you have suffered.
Danger Is Elevated
The most recent available data from the National Highway Transportation Safety Administration (NHTSA) estimates that approximately 5,000 motorcyclists were killed in road crashes in 2018, and the likelihood of a motorcyclist dying in a motor vehicle crash is approximately 28 times greater than that of automobile occupants. This may sound absurd, but given the relative lack of protection cyclists have compared to auto drivers and passengers, the speeds at which many crashes occur, and the general lack of attention that motorcyclists receive from non-motorcyclists on the road, these and other factors do add up.
Three-Vehicle Crash On South Side Kills One
One recent night, a serious three-car accident on the south side of San Antonio claimed the life of one person. A 33-year-old man was pronounced dead at the scene of the crash, about 30 minutes after the impact when his Dodge Challenger was T-boned by two cars in succession after he tried to cross Texas 16, near Mission Gate. The Challenger’s driver-side door was crushed, and the man had to be cut free before law enforcement could assess his injuries properly. While San Antonio police stated that no criminal charges are pending for either of the drivers who T-boned the man’s car, this does not mean that the man’s family may not choose to file suit against either (or both) drivers for wrongful death. If you lose a loved one in a similar accident, your options may seem very similar to the man’s family’s.
Two Types of Cases
Texas has two types of wrongful death-related actions. A standard wrongful death action is brought on behalf of the surviving family, seeking damages on the family’s behalf for injuries they have sustained since the deceased person’s passing. The surviving family can file, or the estate can file on the family’s behalf, seeking compensation for harm like funeral and medical expenses, loss of the deceased’s love and companionship, and the loss of support and services.
Man Killed While Walking on I-35
Recently, a man was hit by a pickup truck and killed as he and a friend walked along northbound I-35. According to the friend, they were walking south on the northbound lanes when a pickup truck struck the man walking on the outside, and sped off after the fact. While pedestrians walking along busy I-35 is less common than one might anticipate, this does not mean that both drivers and pedestrians do not need to be well aware of their rights and responsibilities while on the road.
Why Do Pedestrian Accidents Happen?
Pedestrian accidents are a perennial issue in Texas, with its miles of rural roads and higher-than-average speed limits. The most recent available data from the Texas Department of Transportation (TxDOT) estimates approximately 5,700 crashes involving pedestrians in 2018, with roughly 615 fatalities. This is one of the higher state totals in the country for the last few years, despite several Texas municipalities enacting ordinances trying to regulate speed limits and other plans to fight against reckless driving in the works.
Far West Side Crash May Have Been Due to Distracted Driving
Recently, a black pickup truck ran headlong into the back of a parked 18-wheeler, on the access road on West Loop 1604. The semi-truck had been waiting for a client to unload inventory when the pickup struck the truck, wedging itself under the trailer. The driver of the pickup later died from his injuries, though the truck driver was unharmed. Law enforcement believes that the pickup driver was “speeding and distracted,” and thus was the prime mover in causing the accident. While the truck driver was unharmed, this is often not the case in distracted driving accidents. If you have been injured by a distracted driver, you may be able to seek compensation from them.
Distraction Kills
Everyone gets distracted for small moments behind the wheel. However, distracted driving is a real danger to everyone on the road, because when a person’s attention is diverted away from operating their vehicle, it means that they have less time to react to other motorists or obstacles on the road, which in turn leads to higher fatality and injury rates. The Texas Department of Transportation (TxDOT) estimates that one in five crashes in Texas involve distracted driving, with the corresponding rise in casualties.
Two-Vehicle Crash Kills 1 On South FM 973
One recent morning saw a two-vehicle crash on FM 973, where a Dodge RAM suddenly crossed the center line and struck a Ford F150 head-on. The driver of the F150 was pronounced dead at the scene, and while the RAM driver sustained non-life-threatening injuries, law enforcement has not yet stated whether or not any charges would be filed against him. If you have been in this type of head-on collision, you may be able to file a lawsuit against the other driver, if you believe that their negligence was the prime mover in the harm you suffered.
Infrequent But Serious
The Insurance Information Institute estimates that in their most recent available data, head-on collisions made up approximately 10 percent of all fatal crashes. However, fatality rates have been shown to be higher, for a variety of reasons. This is especially true for accidents in which one vehicle is significantly larger than the other – for example, a large pickup truck versus a small car. The FM 973 accident had two vehicles of roughly similar sizes involved, but the force that results can nonetheless be lethal.
Teenagers Crash Stolen Car
Recently, two teenage girls, 16 and 17 years of age, stole a car and were driving around in it when they struck a pole on DeZavala Road, near Lockhill Selma Road. One of the girls became trapped in the car and had to be rescued by firefighters, and both girls were taken to a nearby hospital with “serious but non-life-threatening” injuries. While no other people were allegedly injured by the girls’ actions, this is often not the case when minors cause auto accidents, and both they and their parents can sometimes be on the hook for serious damages. If your child has caused a vehicle accident in Texas, you need to be aware of your position immediately, so you can protect yourself and your child as best you can.
Parental Liability
While most parents do their best to prepare their kids for the so-called ‘real world,’ there are some things that come as a surprise even to them. One of those realities, for many people, is that parents can be held civilly liable for the actions of their children in many circumstances. Texas law specifically illustrates two: if the child is between the ages of 10 and 18, and their actions were “willful and malicious”; or if the courts can reasonably attribute the child’s “negligent” conduct to a “negligent failure” on the parent or guardian’s part. For example, if a parent knows that their child is prone to texting and driving, it might be considered a “negligent failure” to allow them to drive while still in possession of their cellphone.
DWI Crash Kills One Child, Injures One
A true tragedy occurred in Austin recently, when a Mercedes-Benz struck a Hummer on its passenger side, injuring two young children. One of the children, a nine-year-old girl, died from her injuries on April 4, while the other underwent potentially life-saving surgery. The Mercedes driver was treated for serious but not life-threatening injuries and was later arrested for driving while intoxicated (DWI). In addition to the major criminal charges that the driver may face given the young girl’s passing, it is possible he may be sued in civil court by the family, to try and collect damages for her wrongful death. If you have lost a loved one, especially a minor, to the negligence or recklessness of another person, you have the right to try and hold them accountable, even if they already face criminal charges.
No Replacing A Lost Loved One
If you and your family have lost a loved one due to another person’s negligence, you may be able to recover monetary compensation – not to replace the lost person in your life but to hopefully help your family stay on its financial feet while you adjust to the loss of that person. You may be able to recover for both tangible (also called economic) and intangible (non-economic) damages, including (but not limited to) lost wages, funeral expenses and last medical bills, pain and suffering, loss of inheritance, and several other potential causes of action.
Truck Driver Sought After Fatal I-10 Accident
San Antonio law enforcement is seeking a truck driver who fled the scene after causing the death of a motorcyclist, and injuries to several other motorists, in an accident on I-10 one recent night. The truck had been traveling too fast for the flow of traffic and wound up jackknifing across the lanes of I-10 East. Fleeing the scene of an accident is a crime, but in addition, the families of those injured can bring suit for negligence and wrongful death if they believe they have a case to do so. If you have been injured in a similar case, you have options to try and recover your expenses.
Truck Crashes All Too Common
The Texas Department of Transportation (TxDOT) statistics for 2018 (the most recent available data) show that approximately 465 fatal crashes happened on state roads that involved a semi-truck or tractor-trailer that year, and over 3,000 injury-related crashes in the same time frame. This adds up to about 13 percent of all crashes on Texas roads that year. There are trends within these numbers, including a higher percentage of accidents happening in rural areas.
Texas Deputy Killed in Two-Car Crash
Recently, a Travis County Sheriff’s Office (TCSO) deputy was killed in a traffic accident while on duty. An Infiniti traveling westbound on FM 2244 veered into his eastbound lane, causing him to roll off the road and land on its roof. The deputy was pinned inside, expiring from his injuries at the scene. The other driver was hospitalized with “serious but not life-threatening” injuries. While the accident is still being investigated, it appears that the deputy lost his life due to the wrongful action of the Infiniti driver, which would open them up to potential liability for wrongful death. If you have lost a loved one in a similar situation, understand that you do have options if you choose to seek compensation for your loved one’s passing.
Texas Wrongful Death Law
Wrongful death is a death that should not have occurred but for the “wrongful act, negligence, carelessness, unskillfulness, or default” of another person. Texas law states that if that person’s conduct can be proven, and that it can be shown that no other intervening cause played a role, then that person is liable for damages. Only specific family members can file a wrongful death suit in Texas; usually, a surviving spouse, parents, or children.
The Dangers of Trucker Fatigue on Texas Roads
The life of a commercial trucker is quite difficult, requiring long hours on the road and in many cases, low rewards. Sometimes, individual drivers or their superiors may drive beyond the hours required, or otherwise try to push the limits of what is acceptable, and accidents can result. While truck drivers are certainly not always responsible for trucking-related crashes, fatigue can play an outsized role in many, not least of all because many truck drivers do not notice it until it is too late.
Employees and Employers
The average driver may think that fatigue on the road is no big deal, given how many drivers may not be at their peak when operating a motor vehicle. However, large trucks have two to three times the weight of an average automobile, and that much weight at speed causes significantly more damage than an automobile does when it connects with a solid object. Fatigue contributes to slower reaction times and to impaired perception that may not even notice another vehicle if visibility is low.
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