Recent Blog Posts
Woman Killed in Rear-End Crash on Ben White Boulevard
The day before her 28th birthday, Leslie Valderrama was killed when the driver of the car she was in rear-ended an SUV on Ben White Boulevard, near Montopolis Drive. She was airlifted to St. David’s South Austin Medical Center, but was pronounced deceased at approximately 3.30 AM on the morning of July 7. In this particular type of case, it can be difficult to determine who should be responsible for the family’s loss and suffering, but it is very possible that if the family of Ms. Valderrama brought suit for wrongful death, they would have a case that might prevail in court.
What Is Wrongful Death in Texas?
Texas law holds that someone can be found liable for wrongful death if the deceased’s passing was caused by their, or their agent’s, “wrongful act, neglect, carelessness, unskillfulness, or default.” While no amount of money can obviously eliminate the pain and loss you have suffered from your loved one’s passing, seeking monetary compensation can cushion the blow of losing their income and dealing with medical bills and funeral expenses. Prevailing at trial is difficult, but very far from impossible.
Truck and SUV Driver Collide on Castroville Road
In the early hours of July 10, a delivery truck was struck head-on as an SUV suddenly veered into his lane on Castroville Road, on the west side of San Antonio. While the truck driver suffered no injuries, the driver of the SUV had to be cut out of his vehicle and was later transported to the nearest hospital. Both drivers are lucky that their injuries were not severe, as head-on collisions are notorious for causing severe injury, especially when one of the drivers is operating their vehicle in a negligent or reckless manner. If you have been involved in a head-on crash, you need an experienced car accident attorney who can fight for you.
Fatalities Are Disproportionately High
Despite the presence of airbags and other safety devices installed in the front end of most automobiles, head-on collisions account for a disproportionately high number of traffic fatalities. Statistics from the National Highway Traffic Safety Administration (NHTSA) show that while front-end crashes made up approximately 2 percent of all the auto accidents in 2015 (the most recent available data), they caused 10 percent of the fatalities and approximately 4 percent of the injuries.
Driver Had Medical Episode Before Crashing into House
An unusual accident took place on a recent night, where a driver experienced a medical episode and crashed his car into the side of a house. The crash occurred in the 3200 block of East Southcross Street, causing relatively minor damage to the house. No one was hurt, but it is very easy for accidents of this type to cause major injury or death, as well as extensive damage to whatever building is struck. However, proving liability can be difficult, and enlisting an attorney to help with your case is highly recommended.
Negligence 101
Normally, when a driver crashes into a home, and there is damage or injury, the homeowner can bring a civil suit against the driver under a theory of negligence. Negligence is a legal theory in Texas under which a plaintiff is trying to establish three things in court. They are (1) that a defendant acted in a way that did not show reasonable care for other people; (2) that the defendant’s conduct directly caused the harm to the plaintiff; and (3) the plaintiff did actually suffer tangible harm, as opposed to just a fright or mere cuts and bruises.
Toddler Struck By Hit-and-Run Driver
Tragedy struck in the early hours one morning when a one-year-old was with his family in the front yard of his home on Norfleet Street and ran into the road. A dark-colored car struck the boy, and the driver continued on, not stopping to render aid as is required by Texas law. While there appear to be some issues in this particular case involving why the young child was in the yard in the first place, the fact remains that the driver of the car is guilty of a serious offense. Hit-and-run drivers can face serious lawsuits or even, in some cases, prison time.
Victims Deserve Justice
Texas has a vested interest in ensuring that its citizens and their loved ones are able to receive justice if they are injured or killed due to someone else’s negligence. As such, Texas law treats hit-and-run accidents as serious wrongdoing, because failing to stop and render aid has the potential to deny the victim any justice or closure. Without being able to hold someone responsible, a hit-and-run victim may not be able to get their needs met or might otherwise suffer financial harm through no fault of their own.
Crash Involving VIA Bus Sends 5 To Hospital
Recently, a three-vehicle crash between a VIA bus, a sedan, and a pickup truck sent 5 people to the hospital, one of whom was in critical condition. According to law enforcement, the woman driving the sedan ran the stop sign at Schuwirth Road and Loop 1604, striking the bus, which then skidded into the pickup truck. While law enforcement assigns fault primarily to the sedan driver, very often buses do contribute to accidents that they are involved in. It is worth asking how this accident might have played out in terms of liability had the bus had passengers, whether or not the bus driver was the immediate cause of the crash.
Who Is Liable?
In the case of the Schuwirth Road accident, the bus driver was not found to have played a role in causing the accident, though in other states, that fact would not immediately insulate him or his employer from liability. Many states have what is called a “common carrier” provision in their personal injury laws, which holds a bus company (private or public) to a higher standard of care than would normally be expected of any one driver, but Texas does not have such a law, so an injured plaintiff must be ready to show negligence (if possible) by other means.
Tow Truck Accidents in Texas
Recent law enforcement operations in Austin have shown that while most people are aware of the laws requiring pulling over for emergency vehicles, very few are aware that this also applies to tow trucks. Drivers are required to either move over or slow down to 20 miles per hour for tow trucks, but Austin police report almost “zero compliance” with this law. If you are ever in an accident involving a tow truck, you would not be barred from recovery solely due to not observing this law. However, it can play a role in reducing a defendant’s liability, so it is important to be aware of all the information in your case.
More Dangerous Than Believed
Statistics from the National Institute for Occupational Safety and Health (NIOSH), as reported by the Centers for Disease Control (CDC), show that tow truck drivers are actually in an extremely dangerous profession. Reports released in February 2019 show that tow truck drivers are up to 15 times more likely to die on the job than the average private sector worker, and this manifests itself in a variety of ways. Many accidents occur simply because drivers do not pay enough attention to the road.
Nineteen-Year Old Ejected from Car in San Antonio Single-Vehicle Accident
Recently, a crash on the I-10 access road near Ramsgate Road led to a 19-year-old driver being ejected from his car, sustaining significant injuries. Law enforcement was unable to explain why the young man crashed his vehicle into a tree, but upon impact, he was thrown from the vehicle. San Antonio police are treating the crash as a single-vehicle accident, and because of this, it may be difficult for the injured motorist to seek compensation for his injuries even if anyone else turns out to have been involved. Single-vehicle accident cases often require the services of an experienced attorney to navigate successfully.
What Causes Single-Vehicle Crashes?
Single-vehicle accidents are often painted as the sole responsibility of the injured driver, and sometimes this does turn out to be true. The driver in the Ramsgate Road accident may have been intoxicated and was almost certainly speeding – these are both common causes of single-vehicle accidents, as they can cause a driver to lose control of their car or truck much more easily. Other causes can include distracted driving (most commonly, texting and driving or otherwise being engaged with your phone) and poor weather conditions.
What Is a Vulnerable Road User Ordinance in Texas?
Pedestrians and cyclists are routinely the victims of traffic accidents in Texas, and while sometimes it is due to their own negligence, very often it is also due to the recklessness or negligence of drivers. Because non-drivers are at such a relative disadvantage on the road, many cities in Texas have enacted what are called vulnerable road user (VRU) ordinances, designed to safeguard those who might otherwise wind up with medical bills they can ill afford to pay.
Power Imbalances on the Road
Most jurisdictions define vulnerable road users as exactly that – people on the road that have less protection (usually physical, but also sometimes legal) such as pedestrians and bicyclists. The term can also be defined by age group or physical characteristics – young children and the elderly are often placed in the VRU category. Contrary to popular belief, there is no requirement that a VRU be classed as a pedestrian, as opposed to a vehicle – bicycles and motorcycles are considered vehicles under Texas law, and they are covered by many VRU ordinances.
Accident Potential Is High on Blind Curve in Helotes
Road improvements in late 2018 were meant to streamline traffic in Helotes, but residents at a town hall meeting on June 10, 2019, were airing some troubling concerns. More specifically, residents and local workers informed the Texas Department of Transportation (TxDOT) representative present at the meeting that far from streamlining traffic, the finished construction project created what is essentially a blind curve at the intersection of FM 1560 and Bandera Road, as well as a near-blind intersection at FM 1560 and Riggs Road, nearby. If you are involved in an accident of this type, that can be attributed to poor city planning, it is possible to win compensation for your injuries, but it can be difficult without an experienced attorney to help.
Government Liability for Accidents Is Specific
Road accidents happen every day, and while most of them are due to the negligence of one or more drivers involved, there is a subset of car crashes that happen as a direct result of poor road maintenance or planning. Road maintenance issues like potholes, missing guardrails or signs, poor drainage, or unmarked drop-offs can sometimes even be a result of poor planning – for example, using the wrong grade of concrete or other materials can lead to an uneven surface to drive on, or it can upset the water table to the point where signs or lights cannot be installed.
Crash in South Austin Kills Motorcyclist
A front-end crash between an SUV and a motorcyclist has left one man dead and one woman with “potentially life-threatening” injuries. The driver of the SUV was attempting to avoid hitting a vehicle that suddenly stopped in front of him on East Oltorf, and instead swung into traffic, striking the motorcyclist. The young man was taken to Dell Seton Medical Center, where he later died of his injuries, while the woman’s condition is unknown as of this writing. Unfortunately, this is not uncommon in accidents involving motorcyclists, as they have so much less protection to rely on in the event of a crash. If you have been injured in a crash with an automobile, you may be entitled to compensation for your injuries.
Motorcyclists Are at Greater Risk
Statistics from the National Highway Traffic Safety Administration (NHTSA) estimate that motorcyclists are roughly 28 times more likely to die in traffic crashes than automobile drivers or passengers. In Texas, fatal crashes involving motorcyclists made up approximately 10 percent of the total, even though motorcyclists only make up around 5 percent of drivers at any one time. There are multiple reasons for this, and very often, the fault does not lie with the motorcyclist.
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