Recent Blog Posts
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.
Icy Conditions Can Create Accidents on Texas Roads
A large portion of Texas enjoys fairly warm weather for most of the year, but winter temperatures sometimes do happen, even as far south as Houston or San Antonio. In early February 2020, snow flurries have led to fun and memories – but have also led to icy roads and crashes. In Austin, parts of North Loop 360 and East U.S. 290 were closed, and in Round Rock, RM 1431 saw two crashes recently. While law enforcement and the Texas Department of Transportation were able to manage the majority of issues on the roads, this is by no means guaranteed. If you are in an auto accident where the weather could have played a role, it is a good idea to understand what options you might have for compensation.
What People Do In Weather
The U.S. Federal Highway Administration’s Road Weather Management Program (RWMP) estimates that as many as 21 percent of all auto accidents are weather-related, whether rain, sleet, fog, snow, wind, or another type. On average, almost 5,000 fatalities happen every year as a result of these crashes – because of weather, obviously, but more specifically because of certain factors in driving due to weather; namely, how individual drivers approach unusual or sudden weather patterns.
Stabbing on VIA Bus Ends in Jail Time
Most of the time, when one hears about people being injured on a bus, they assume there has been an accident. However, recently, one San Antonio man was sentenced to 35 years in prison after being convicted of the stabbing of another man in October 2017, aboard a VIA bus. This is obviously a very unusual event, but it can sometimes confuse people who may not understand the difference between a criminal case like this one, and a civil case in personal injury, as is more likely to happen on board a bus.
Crime vs Civil Tort
In the stabbing case, the attacker appeared to attack the victim in an attempt to steal his cell phone, stabbing him repeatedly, though the victim ultimately survived. There was graphic video from the bus’s security cameras that captured the nature of the attack, and it seemed to begin out of nowhere. The attacker was later tried and convicted, reappearing in court on February 6 for his sentencing. He pleaded “nolo contendere,” which means ‘no contest’ and is technically not an admission of guilt. However, the judge sentenced him to 35 years in the Texas Department of Criminal Justice, plus a fine.
Single-Vehicle Accident on Wurzbach Pkwy Leaves 1 Dead
Recently, a single-vehicle crash into a column on Wurzbach Parkway led to the death of one man. Law enforcement stated that the man was apparently speeding, and around the Starcrest eastbound exit, he lost control of his car, striking a concrete column just off the road. Firefighters tried to extricate him from the vehicle, but he was pronounced dead at the scene. Single-vehicle accidents are sadly common in Texas, and if you manage to survive one, your injuries can be quite severe. However, because only one driver is alleged to be involved in a single-vehicle crash, it can be very hard to seek compensation from anyone, especially if you attempt to do so on your own.
Texas Roads Can Contribute to Single-Vehicle Crashes
Single-vehicle accidents are extremely dangerous and can cause a disproportionately high rate of fatalities. Unfortunately, Texas roads have many of the characteristics that can lead to higher rates of single-vehicle accidents than might occur in other areas. Data from the National Highway Traffic Safety Administration (NHTSA) pinpoint these characteristics – for example, single-vehicle crashes are more likely to happen on rural roads, involving vehicles moving at a high rate of speed (Texas contains most of the roads with the highest speed limits in the nation).
SB I-35 Reopens After Truck Loses Cargo
Recently, southbound I-35 in Austin was closed after a large truck lost its cargo just south of Airport Boulevard. While no injuries were reported, this is far from common when trucks drop cargo on public roads. If you are involved in an accident with a large truck, or with cargo they have left behind, it is very possible that you might sustain serious injuries that breed large medical bills. If you are injured because of someone else’s negligence, you have every right to seek compensation to ensure your bills are covered.
Statistics and Trends
Large trucks are a huge part of traffic on U.S. roads, with approximately 12 million registered single and combination trucks in 2017. Texas shoulders a large part of that burden on its roads, with shipping between the states racking up miles driven every year. While the relative proportion of fatal crashes for all that shipping is relatively low, with only around 600 fatalities and 1,250 injuries registered in Texas crashes involving large trucks, truck accidents are generally more likely to lead to fatalities and serious injuries than crashes that only involve smaller vehicles.
Street Racing Leads to Wrongful Death in Southeast Austin
Recently, two people were racing their vehicles along Bluff Springs Road in southeast Austin when one struck the side of the other, sending it into a light pole and killing the driver. Initially, the second driver had fled the scene, but he returned to the scene while law enforcement was still present, and was taken into custody. He was charged with two second-degree felonies, and while there has been no indication that the deceased driver’s family seeks to file suit against him, the driver could face a wrongful death suit if they choose to do so. If you lose a loved one due to another person’s negligence, filing a wrongful death suit is usually an option for you and the other survivors.
Wrongful Death vs Homicide
The Texas Wrongful Death Act states that a person is liable for damages that stem from the death of another person if that death was caused by their (or their agent’s) “wrongful act, negligence, carelessness, unskillfulness, or default.” If this turns out to be the case, your family may be able to recover compensation to help offset the loss of your loved one – it is not a replacement or a way to fix what you are going through, of course, but compensation may be able to help keep your bills paid or otherwise help the family stay afloat while you try to recover.
Motorcyclist Hospitalized After Crash on Loop 410
One recent night almost turned deadly for a woman riding a motorcycle near Loop 410 and Culebra Road, when she struck a van leaving a parking lot and sustained serious injuries. She was taken to University Hospital in critical condition, and while law enforcement told the press that no charges are expected to be filed in this specific incident, it is still worth noting that these types of crashes are sadly common. If you are injured in an accident while riding your motorcycle, you can be left with serious injuries, and while the van driver here was blameless, that may not be the case in your crash.
Motorcycling Can Be Dangerous
The most recent available data from the Texas Department of Transportation (TxDOT) estimate that approximately 420 motorcycle drivers and passengers were killed in 2018, which is a drop of around 16 percent from 2017’s numbers. It is also relevant that a lower number of motorcycle riders were not wearing a helmet at the time of their crash – multiple studies show that helmet use can save lives, though Texas law currently makes their wearing optional for anyone over age 21 if they have completed a safety course.
Boy Injured in ATV-Pickup Crash
Recently, a young boy sustained “non-life threatening injuries” after an ATV and a pickup truck collided in West Bexar County, though his younger sister escaped injury. The children were riding an ATV in the 5500 block of Pioneer Estates (near Highway 90) when their vehicle was struck by a pickup near the intersection. While riding ATVs is an enjoyable hobby loved by countless Texans, it can still be hazardous, especially since many drivers do not pay attention to the road, and it is important that you understand your options if you are injured.
ATVs Should Not Be on Public Roads
Riding ATVs is a common hobby in Texas, though you may not ride them on public roads. An Off-Highway Vehicle (OHV) license is required, and ATVs should only be ridden in approved areas. However, sometimes the law is broken, and according to the National Highway Traffic Safety Administration (NHTSA), Texas registered the third-highest number of fatalities in recently available data sets. It is also worth noting that recent research shows that public roads are infinitely more dangerous for ATV riders than off-road venues; more than 60 percent of all ATV fatalities occur on public roads.
Hire a Firm that
Works for You.
Award-Winning
James Bettersworth has been recognized as an Elite Lawyer since 2019.
25+ Years of Experience
Our firm knows how to win complex personal injury cases for our clients.
Hands-On Legal Process
We are always attentive to our clients' needs and available to answer their questions.
Call 830-606-0404 or contact us below
telephone
830-606-0404fax
830-626-1414follow us
From our office in New Braunfels, we serve clients throughout South Central Texas, including New Braunfels, San Antonio, Seguin, Bulverde, Kyle, Garden Ridge, Spring Branch, Comal County, San Marcos, Buda, Gonzalez, Karnes City, Karnes County, Converse, Selma, Universal City, Kerrville, Canyon Lake, Hays County, Schertz, Marion, and Guadalupe County.
Results listed are not a guarantee or indication of future case results.
110 West Faust Street, New Braunfels, TX 78130
830-606-0404
