Recent Blog Posts
Woman Killed in Hit-and-Run Accident Identified
Recently, law enforcement in San Antonio identified a woman as the victim of a hit-and-run accident on South W.W. White Road. The person who struck the woman may not have been aware of it, as they failed to stop and render aid, but this does open them up to the possibility of both civil and criminal liability if they are located. Failing to stop at the scene of a hit-and-run accident is a crime in Texas, and in addition, the deceased person’s family may seek to bring suit against the driver for wrongful death. If you have lost a loved one in this manner, it is important for you to understand your options, as well as the relationship between civil and criminal law.
Wrongful Death in Texas
Texas’ wrongful death statute is fairly straightforward, stating that a person is liable for damages resulting from an individual’s passing if it resulted from their (or their agent’s) “wrongful act, neglect, carelessness, unskillfulness, or default.” There are only a handful of family members who are permitted by law to bring a wrongful death suit – generally the deceased person’s surviving spouse, children, and parents. Anyone else is deemed to be too distantly related to have received tangible support from the deceased person in most cases.
Pedestrian Struck Crossing San Pedro Ave
A recent night proved tragic for a woman trying to cross San Pedro Avenue, just north of downtown San Antonio. She was struck while trying to cross the street, having just gotten off work and headed home. The driver did stop and attempt to render aid, but the woman still required transportation to a nearby hospital with serious injuries. Pedestrian accidents are all too common in San Antonio, and while the driver appears to have acted appropriately in this case, too many pedestrian accidents wind up causing injuries or even costing lives. If you have been injured by an allegedly negligent driver, you need an experienced attorney to help navigate the legal process with you.
High Rates in Texas
Texas traditionally has high rates of pedestrian accidents – partly because of its sheer size, but also because many Texas metropolitan areas are not well set up for pedestrian traffic. The think tank Smart Growth America, in its yearly Dangerous By Design report, names dangerous metropolitan areas, where infrastructure issues make it harder to walk or otherwise navigate a city without a vehicle. Most of the state’s major cities and metro areas – McAllen, San Antonio, Houston, Dallas, El Paso, and Austin – are listed in the top 50 most dangerous in the United States for 2019.
Rollover Accident in South Austin Causes Serious Injuries
Recently, a rollover crash on EB US 290 at Ben White Boulevard sent two people to the hospital with serious injuries. Both people became entrapped in their vehicles, requiring ATCEMS to cut them free before sending them to the hospital. Serious injuries are sadly common in rollover accidents, and if you have lived through one, your medical bills may add up very quickly. Bringing suit against a driver who struck you may be a good way to recoup some of your costs and recover for your losses.
Statistics Show Serious Injuries Common
The National Highway Traffic Safety Administration (NHTSA) estimates that in a given year, roughly two percent of all accidents are of the rollover type. However, rollovers were responsible for approximately 35 percent of the fatalities from those accidents. It is possible to trace some causes for these high totals. One major factor is a lack of seat belt usage – in 2010, nearly 70 percent of those killed in rollover crashes were not using any seatbelt or restraint.
Semi-Truck Crash Closes NB I-35 for Hours in Round Rock
Recently, the northbound lanes of I-35 were closed for several hours after a crash involving a semi-truck. The blockage lasted from mid-morning to early afternoon, and while no injuries were reported, many accidents involving semi-trucks can yield very serious injuries. If you have been injured in an accident with an 18-wheeler, you need an attorney who is experienced in this type of case to help you try and recover for the harm you have suffered.
Causes and Effects
The Federal Motor Carrier Safety Administration (FMCSA)’s statistics show that the total number of fatal crashes involving large trucks has steadily increased between 2009 and 2017, though the most recent available totals are still lower than the 20-year high from 2005 (over 5,200 fatal wrecks). The total number from 2017 was 4,889, but it should be emphasized that these are only the fatal wrecks that have been reported to law enforcement, and it is not uncommon for rural accidents to go unreported in some states.
Wrong-Way Driver Hospitalized After Three-Car Wreck
Recently, a three-way crash happened at Interstate 37 and Pecan Valley Drive after one driver drove the wrong way down the northbound lanes. The wrong-way driver was hospitalized in serious condition, while the other drivers were treated by EMS at the scene. It may seem rare, but accidents involving wrong-way drivers do happen, and they are statistically more likely to cause serious injury than most other types of accidents. If you have been injured by a wrong-way driver, enlisting a dedicated attorney to help you try and recover damages is crucial.
Wrong-Way Crashes Are Deadly
The National Transportation Safety Board (NTSB) estimates that wrong-way crashes only comprise around 3 percent of accidents on divided highways (though more do happen on roads with no median), though studies estimate they cause far more injuries and fatalities. Casualty rates for wrong-way accidents have been estimated to be between 12 and 27 times higher than for other types, and one Michigan study found the fatality rate for wrong-way crashes to be around 22 percent, versus a rate of 0.3 percent for all other types of auto accidents in the same time frame.
Ten-Year-Old Student Fatally Struck By Vehicle
A true tragedy happened on February 20, when a 10-year old riding her bicycle fell into traffic, losing her life after being struck by a passing SUV. The accident happened in West Bexar County, in the Valley Ranch area, and while law enforcement does not anticipate filing any charges in the matter, it can be hugely traumatic for both the driver and the family of the deceased person when accidents like this occur. No criminal charges also does not mean that the family of the girl cannot file a civil lawsuit. If this happens to your family, you need to make sure you remain clear-headed as you determine how best to handle this.
Negligence Must Be Present
Despite how devastating they can be, not every accidental death is grounds for a wrongful death lawsuit. If you have lost a loved one in an accident, you must be able to show that their passing was the result of another person’s “wrongful act, neglect, carelessness, unskillfulness or default” – that is, you must establish that there was negligence or recklessness in their actions. If they could not have acted in any other way, or could not have acted any faster to stop the accident, there is no cause of action under Texas law.
MetroRail Sued By Family of Deceased Accident Victim
In February 2018, a woman from Portland, OR was struck and killed by a MetroRail train on East Fifth Street in Austin. At the time, her grieving family did not bring suit against anyone over her passing because MetroRail and its associated entities promised progress on making the area safer, as well as increasing passenger safety outreach. However, the family recently announced that they have not seen sufficient progress on either promise, and are thus bringing suit against Capital Metro, the City of Austin, Austin Energy, and other associated entities. If you have been injured, or lost a loved one, due to a train accident, suing can be quite difficult, and it remains to be seen if this family will prevail.
Sovereign Immunity
Capital Metropolitan Transportation Authority (CapMetro) is considered a public entity, and as such, one of the first questions that a potential plaintiff has to ask if they want to bring suit against a public entity is whether they will be able to. Texas has a doctrine called sovereign immunity, which holds that the ‘sovereign’ (that is, the government and its agencies) is generally immune from suit by an individual. However, like many other jurisdictions, Texas has waived this in part, allowing suits from individual plaintiffs in certain specific situations.
Austin Changes Failure-to-Yield Law
When you are driving in Texas, you are required to obey the general rules of the road, including allowing other drivers ahead of you when it would be reasonable or appropriate to do so. However, sometimes you may get confused, or you may decide not to stop or yield, and an accident may happen. This kind of behavior is called failure to yield, and if someone is hurt by your failure, the City of Austin now requires that the matter be dealt with in court. This is a change made recently that may escape the average person, and if you do not know of the change and fail to appear in court, the consequences can be serious even if you plead ignorance.
Too Many Injuries and Fatalities
Historically, the City of Austin would allow anyone charged with failure to yield to pay the citation off online or at the Municipal Court, but that is no longer allowed if your failure to yield caused another person’s injuries. Those accidents are now going to be held to “higher minimum and maximum” financial penalties, with fees reaching up to $4,000 if the degree of injury is serious. These are not criminal charges – that may be another headache for drivers entirely – but these types of civil infractions can be quite costly in the long run.
US 281 Closed Briefly After Fatal Accident
Recently, a man was killed when he tried to walk across US 281, forcing the highway’s closure between Nakoma Street and Bitters Road. The driver did stop at the scene and try to render aid, but the man was beyond help. If you are so unfortunate as to lose a loved one in that way, you may be able to file a suit for wrongful death against the driver – even if they did stop and attempt to render aid. No amount of money will bring your loved one back, but it can help to pay bills during the time you may need to get back on your feet.
A Duty of Care
Pedestrian accidents happen all too commonly in Texas, with over 8,100 being registered in 2018, yielding 693 fatalities. There are multiple causes for these crashes, including excessive speed, substance abuse, failing to yield properly, and a general lack of pedestrian-safe infrastructure like crosswalks and stoplights. Many of these are on display in the US 281 accident, most notably a lack of any place for a pedestrian to cross the street safely.
Car Fire On NB Upper I-35 Diverts Traffic
Recently, a vehicle fire on the upper deck of NB I-35, around Manor Road in Austin, caused traffic to be diverted for several hours, with fire crews guiding traffic to the lower deck. While as of this writing, law enforcement reports no injuries, there is not enough evidence to discern the fate of the driver. If you are so unfortunate as to experience this type of accident, whether it is your car on fire or another vehicle’s fire that might spread to yours, know that you do not have to suffer alone. You may be able to hold the negligent party responsible for your medical bills if the situation merits it.
Multiple Causes
The most recent available data from the National Fire Protection Association estimates an average of 223,000 vehicle fires per year, with over $1 million in property damage during the same period. The causes of vehicle fires can be legion, with anything from driver error to poor road conditions to poor vehicle maintenance possibly causing sparks or providing another catalyst. Vehicle issues may also be baked in, so to speak, with defective parts coming standard on your car or truck. It is often too late to discover this until after there has been a problem.
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