Recent Blog Posts
Driving On Wet Roads Can Be Dangerous
While only the remnants of Tropical Depression Imelda struck southern Texas on September 18-19, the rainfall has still been immense, with parts of the state due to see as much as 40 inches of rain in the next few days. While the heaviest rainfall appears to be targeting areas east of Houston, it is still worth taking precautions to ensure that you are safe in the rain, especially if you wind up having to drive through heavy rainfall. Rain and wet roads can be one of the leading causes of auto accidents, causing injuries that can be very severe.
Take Water on the Road Seriously
According to the U.S. Department of Transportation’s Federal Highway Administration, as many as around 950,000 accidents each year take place on wet pavement, with a smaller percentage of those taking place in flood-like conditions. Drivers simply do not take water on the road as seriously as they should, with many not even slowing their speed, and even those that do slow down may not know certain tips and tricks that can safeguard them and their vehicle. For example, authorities recommend not using cruise control during a rainstorm, as it can actually cause your vehicle to go faster if you hydroplane.
Motorcyclist Who Fell Off 290 Flyover Identified
A middle-aged man who was killed recently when his motorcycle fell over the wall of the flyover between U.S. 290 and U.S. 183 has finally been identified. The man was riding his motorcycle heading toward U.S. 183 when he lost control, his cycle coming over the edge and landing on the lanes of U.S. 290 below. While this type of accident is not uncommon, it is unusual, and if you are involved in this sort of crash it can be deadly. If another driver is involved, it may give rise to an action for wrongful death – which is sadly too common, especially among motorcyclists, who have much less protection than drivers or passengers of automobiles in the event of a crash.
Motorcyclists 28 Times More Likely to Die
The National Highway Traffic Safety Administration (NHTSA) estimates that motorcyclists are 28 times more likely to die in an automobile accident than passengers in a vehicle, and this is for several different reasons. One of them is simply because a motorcyclist does not have a metal cage around them to absorb any impact; injuries like road rash are much more prevalent in motorcyclists because they are just more likely to make contact with the road. Vehicle occupants are much less likely to be thrown clear, and if they are wearing seatbelts, injuries may still be serious, but fatal much less often.
Driver Pinned in Vehicle After Crash with SAWS Tractor
On a recent morning, a San Antonio woman was pinned in her vehicle after a crash with a tractor belonging to the San Antonio Water System (SAWS). She escaped serious injury, as fire crews managed to free her from the wreckage not long before her vehicle caught fire. While as of this writing, there is no indication that the woman plans to bring suit against SAWS, it is possible that she could try to seek compensation for the tractor driver’s perceived negligence. In cases like this, however, there are multiple different obstacles that one must overcome in order to prevail in court.
Potential For Injury Can Be High
While accidents with farm-related equipment are relatively rare, tractors do play an outsized role in fatalities that happen among agricultural workers in particular, with approximately 40 percent of those deaths involving a tractor in some way. Tractors and heavy machinery used by utility companies have a different function than farm equipment, but can nonetheless cause just as much danger to those who are not qualified to operate or be around them – an average of 60 people per year are run over by tractors, and collisions with motor vehicles result in roughly 50 fatalities per year.
Pedestrian Struck By 18-Wheeler Crossing I-35
Recently, a man was attempting to cross I-35 near 15th Street in downtown Austin when he was tragically struck and killed by a passing 18-wheeler. Law enforcement has divulged few details as of this writing, only stating that the pedestrian did not survive and that the 18-wheeler driver remained at the scene after the collision, presumably cooperating with the investigation. If you have been involved in an accident with an 18-wheeler, your medical bills can be very serious, and it can make all the difference if you are able to bring suit to try and recover compensation for your injuries.
Multiple Statistics and Causes
18-wheeler accidents are unfortunately too common in the United States, but some states (like Texas) seem to experience more than others, between larger populations and simply having more roads – the Texas Department of Transportation (TxDOT) estimates that the state contains nearly 80,000 miles of roadways, whereas a small state like Rhode Island has less than 10,000. Texas roads also boast higher speed limits than many, with the average being 75 mph, but some roads have 80 mph limits – and in one case, I-130, the limit is 85 mph.
Round Rock Has More Traffic, But Fewer Crashes
The region of Texas between Austin and Round Rock has been one of the fastest-growing in the state in recent years, but with growth comes higher crime and traffic rates most of the time. However, the city of Round Rock has seemingly found a way to reduce both traffic accidents and attendant fatalities, even as the area continues to grow and change. If you do wind up involved in a traffic accident in Round Rock, know that the laws have been updated and strengthened so as to help those who still experience crashes.
Overhaul of Round Rock Traffic Enforcement
Statistics from the Texas Department of Transportation (TxDOT) show that collisions in the city proper have reduced significantly – April 2017-March 2018 saw 8 traffic fatalities, while April 2018-March 2019 saw just one. Collisions overall in Round Rock also dropped by roughly 5 percent, which does not sound like a lot, but is enough to push injury and fatality counts down enough to be statistically significant. Even one life saved is a positive, but Round Rock law enforcement continues to make positive changes.
SAPD Officer Injured in Rollover Crash
Recently, a San Antonio police officer was injured in a rollover crash that took place on I-10 West near Callaghan Road, having struck the guard barrels dividing lanes on the interstate. Officer Noel Ortiz managed to escape the crash with only minor scratches and bruises, but most of the time, if you are involved in a rollover accident, you may not be so lucky, as they can be very deadly. Contacting a dedicated auto accident lawyer can help you sort out what to do to seek compensation.
High Percentage of Fatalities
While any automobile accident can be potentially dangerous, rollover accidents routinely cause a higher percentage of fatalities because of the sheer amount of weight, glass and metal involved – if someone is involved in, say, a head-on collision, they will not have to contend with the inversion of their vehicle or the subsequent total loss of control. The National Highway Traffic Safety Administration (NHTSA) estimates that roughly two percent of all car crashes are rollovers, but nearly 35 percent of all traffic fatalities in passenger vehicle crashes occur in rollovers.
Bicyclist Killed in Crash with Car
Recently, a bicyclist was struck by a car near the intersection of Ben White Boulevard and Interstate Highway 35, sustaining “critical, life-threatening injuries” that later caused his passing in a nearby hospital. While law enforcement did not disclose details of the accident, implying that no criminal charges are pending for the driver, the possibility of a wrongful death lawsuit may still be on the proverbial table. A civil wrongful death suit will not, obviously, bring back a lost loved one, but it can help provide some financial stability while you and your family try to get back on your feet if you experience this type of tragic event.
Filing Suit
Not every death is wrongful, even if it occurs in an accident. Sometimes they simply happen, unfair as it may seem. However, if you believe that your loved one’s death occurred due to someone else’s careless or negligent conduct, filing a wrongful death lawsuit in civil court can be a way to try and at least get some closure. Texas law holds that a person can be found liable for someone’s passing, and the damages incurred from it if the death happened due to that person’s (or their agent’s) “wrongful act, neglect, carelessness, unskillfulness, or default.”
Truck Rolls Over, Spills Cargo on I-10
Recently, a semi-truck overturned on I-10 near Culebra Road, spilling its cargo of wooden boards out onto the roadway. Law enforcement closed several lanes of I-10 at I-35, ensuring that no one had the opportunity to drive over the cargo while the accident – and the boards – were cleared. While as of this writing, no one appears to have been injured in this accident, it is important to be aware that accidents happen due to improperly secured or loose cargo with regularity. If you are unfortunate enough to be injured in this type of accident, it can be difficult to determine how best to proceed.
Stakes Are High
Accidents involving road debris are much more common than one might think. A 2016 study from AAA’s Foundation For Traffic Safety estimates that approximately 200,000 accidents occurred between 2011-2014 where road debris was a factor, with roughly 500 deaths occurring and almost 40,000 personal injuries. While many factors might play into how an accident happened, the fact remains that road debris can turn a mild accident into a bad one, and it means drivers must be aware of their surroundings at all times.
Cameron Road Crash Highlights Potential Community Liability
A crash on August 13 has highlighted the potentially dangerous situation on Cameron Road and US-183, as a family of four was hospitalized after a car struck them as they crossed. This is not the first accident in this area, as three KIPP Texas Public Schools occupy a short stretch of Cameron Road, but traffic is constant and often very fast. In this type of situation, it is possible that the community or other entity responsible for road zoning and maintenance might wind up being liable for someone’s injury.
Finding Liability
Because so many schools are on Cameron Road, parents and school administrators have tried to lobby the city to mark the area as a school zone, so that drivers have some warning that pedestrians are common, as well as being required to lower their speed. However, the city has refused, stating that not enough children walk to class to warrant a school zone placement. They also point to the fact that the area is not zoned as residential. Yet the accidents keep happening.
Pedestrian Killed After Being Struck Multiple Times Crossing I-37 N
On the night of August 14, a man was trying to cross I-37 N between Cesar Chavez Boulevard and Florida Street when he was struck by a 2012 Kia Optima. Afterward, he was then struck by more vehicles in quick succession and later pronounced dead at the scene. While law enforcement currently do not anticipate charges being filed in the man’s death, it is still possible that his family may choose to file wrongful death charges in civil court. If you have been unfortunate enough to lose a loved one in a traffic accident, this may be an option for you and your family to try and recover some of the expenses incurred.
Establishing Negligence
Everyone passes away eventually, but if you lose a loved one suddenly, it can be devastating. Losing someone due to another person’s recklessness or negligence is something that no one should have to deal with. A wrongful death claim in Texas hinges around establishing that your loved one’s passing would not have occurred but for the negligence of the defendant, and that had they lived, they would have had cause to bring their own lawsuit against the defendant for the injuries they incurred.
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