Recent Blog Posts
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.
North Side Motorcycle Crash Sends One to Hospital
Just after midnight going into May 22, a motorcyclist was injured when he was struck by a vehicle heading westbound on Loop 410. While the driver appeared to be uninjured, the motorcyclist required hospitalization. As of this writing, nothing is known about his present condition, but San Antonio law enforcement stated that fault for the crash was unclear. Unless a determination is later made that the motorcyclist was predominantly at fault, they would do well to bring suit against the vehicle that struck them, because too many drivers are not held accountable for their carelessness in such accidents, and motorcyclists’ injuries can be extremely severe.
Fatality Rates Are High
2017 data from the National Highway Traffic Safety Administration (NHTSA) estimate that approximately 5,200 motorcyclists were killed in traffic crashes nationwide, which represents a 3 percent drop from the previous year. The same data estimates that motorcyclists are a whopping 28 times more likely to die in motor vehicle accidents than passenger car occupants. They make up approximately 14 percent of all road deaths, even though motorcyclists are only around 3 percent of those on the road at any given time.
Arrest Warrant Sought After Woman Flees Scene of Accident
On February 1, a woman in a Toyota Camry struck a cyclist, knocking him off his bicycle near the area where West 35th Street becomes West 38th Street in Austin. She declined to remain at the scene of the accident, saying she had ‘somewhere to be,’ but provided a phone number. On May 23, the police determined that the number the woman had given was fake, and an arrest warrant for failing to stop and render aid was subsequently issued. If you are ever involved in a bicycle accident, this is perhaps the least appropriate thing you could possibly do, and it may very well result in your being convicted of a third-degree felony – it is critical to be aware of Texas law surrounding this type of crash.
Statistics Show Specific Trends
Bicycling accidents are common, but among reported accidents, it is possible to determine certain trends and prepare accordingly. For example, statistics from Share The Road Texas seem to establish a possible link between gender and age and likelihood of injury, with 81 percent of recorded crash victims being male, and roughly 60 percent being under the age of 25. While some young people are obviously more careful than others, some do tend to take risks while operating a vehicle, and it can, unfortunately, result in significant injury.
Pedestrian Stunned By Snake, Then Hit By Truck
A pedestrian on East Mulberry Street, not far from Hwy 281, was struck by a car in some unusual circumstances on the night of May 14. The man had stopped to “toy with” a 6-foot long snake in the roadway, which somewhat understandably diverted his attention. He was struck by a pickup, sustaining minor injuries, declining any hospitalization. As of this writing, it is unknown whether or not the pickup driver will face charges, but it does bring up the timely question of pedestrian responsibility in these types of situations. If you are struck by a car while walking, you may be entitled to compensation for your injuries, though the issue of whether or not you are at fault will have to be weighed as well.
Pedestrian Accidents Are Common
Texas ranks in the top ten states for dangerous pedestrian environments, though there are many different reasons why. The state has high-speed limits, and a lack of crosswalks and lights, especially in more rural areas. Alcohol and abuse of other substances also play a role, both on the part of drivers and pedestrians. Distracted driving is also common in Texas; whether due to electronics, distracting passengers in the car, or some other issue, Texas drivers are less likely to pay enough attention to the road.
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