Recent Blog Posts
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.
Georgetown Hit-and-Run Sparks Potential Legislative Change
In 2017, a young man was struck by a pickup truck and killed while riding his bicycle in Georgetown. The driver was sentenced to two years in prison and 10 months’ probation after pleading to manslaughter and accident involving death. However, due to a peculiarity in Texas law, he was released to mandatory supervision before ever serving any time of his sentence, causing the victim’s family serious pain and mental anguish. Now, a bill is before the Texas legislature which would close that loophole. If you are involved in a hit-and-run, it would significantly alter your prospects at sentencing.
Hit-And-Run Is a Crime
In Texas, leaving the scene of an accident is a crime, punishable by anywhere between a $500 fine and a 10-year prison sentence, depending on the nature of the accident. Leaving the scene of an accident where someone was killed or seriously injured is a third-degree felony. The driver in the above case did leave the scene of the accident, and he could have been found guilty of leaving the scene had he not negotiated a plea deal. The penalties are lesser if your accident only involves minor injury or property damage, but serious injury or death is taken very seriously.
City Seeking Solutions After Four Months of Crashes in Buena Vista Corridor
The Buena Vista corridor, between 19th St. and Colorado St., has seen 22 car crashes in the past few months. A study was commissioned from Transportation & Capital Improvements (TCI), which showed that roughly 8,000 cars travel that particular corridor every day, and on average, each car is traveling above the posted speed limit by 6-8 mph. Given the potential for liability, the city is seeking solutions to make the area safer. If an injured plaintiff could establish that the city has been negligent in allowing Buena Vista to become dangerous, it could lead to significant compensation.
Poor Roads Cause Liability
Most people think of accident lawsuits in the frame of bringing suit against a negligent driver. However, in some cases, it is eminently possible to allege negligence against a company or governmental entity that is tasked with maintaining roads and all their appendices. The specific facts of the situation do matter, as well as the company or government agency that would be in the frame, so to speak. In Texas, lawsuits have been brought over issues like poorly marked potholes, missing guardrails, and inadequate signage.
Motorcyclist Killed in Crash with 18-Wheeler on TX 130
A crash on TX 130 near Lockhart has claimed one life and injured several others, with one person being hospitalized. As of this writing, details are scant, but apparently, several motorcycles came into contact with an 18-wheeler, crashing and completely shutting down the northbound lanes for several hours. Unfortunately, one motorcyclist was pronounced dead at the scene, which is all too common in accidents involving one larger vehicle and one or more cycles. If you are a motorcyclist, you need to be well aware of the potential dangers facing you, and of what options you have if you are injured.
Motorcyclists Disproportionately Die on the Roads
Statistics show that motorcyclists are vastly overrepresented in road fatalities, dying in crashes almost 28 times more often than automobile drivers and passengers. While there has been a general downturn in motorcyclist injuries and fatalities, there were still approximately 5,000 cyclist deaths due to road accidents in 2017. There are several reasons for this disproportionality, and while some are the fault of cyclists themselves, many are not.
Driver Flees Scene After Striking Two Pedestrians
Recently a driver deliberately struck and injured two pedestrians outside the Well, a bar near I-10, off UTSA Boulevard. Witnesses described one woman being struck, after which her companion jumped on the hood of the car and was then thrown off. Instead of stopping to render aid as required by law, the car sped away, and as of this writing, San Antonio police are still seeking the driver. If you are injured due to being struck by a driver, you have the right to seek compensation from them, and in some cases, they may even be on the proverbial hook for criminal charges.
Texas Law Is Clear
Hit-and-run, called leaving the scene of an accident in Texas, carries serious penalties, and the law is unambiguous about them. Sec. 550.021 of the Texas Transportation Code states that anyone who is involved in an accident that results in (or might reasonably result in) injury or death must (1) immediately stop their vehicle; (2) return to the scene; (3) try to determine if someone else was involved and whether or not they require aid; and (4) render assistance such as giving your information and insurance, as well as potentially summoning help.
Major Crash on I-35N Kills One
A serious crash on I-35 N on the night of April 28 has claimed the life of one person. An 18-year-old woman was pronounced dead at University Hospital after the Toyota Yaris she was in was struck from behind by a GMC Sierra, which then caused her car to crash into a Dodge Durango. The driver and other passenger in the Yaris remain at University Hospital in critical condition, though the occupants of the Sierra and Durango escaped injury. While the driver of the Sierra will not face charges as of this writing and did stop to render aid, it is still plausible that the family of the deceased may seek to bring a wrongful death suit against the driver of the Sierra to recover medical bills and funeral expenses.
Wrongful Death Law Is Specific in Texas
Texas’ wrongful death statute sets out very specific requirements and facts that must be met in order to be able to file a wrongful death suit. Perhaps most notably, it stipulates the family members who are permitted to file suit – spouses, parents, and children, both minor and adult. Other family, such as siblings, aunts or uncles, are deemed to have had too remote a family relationship, rightly or wrongly. It also states that certain conduct is excepted from the statute; most notably, the right of action for wrongful death does not apply to an unborn child except in the rarest circumstances.
Pflugerville Man Killed in Head-On Collision
A 40-year-old Pflugerville man was killed in a head-on collision on the night of May 1, after his Mazda continued north after drifting into the southbound lane of FM 685 and striking a southbound Jeep. The Jeep driver was taken to Seton Medical Center Williamson where he was said to be in stable condition, while the Mazda driver was pronounced dead at the scene. This type of outcome is depressingly common for head-on collisions, where the weight and velocity can lead to fatalities all too easily.
Statistics Show Grim Trends
Data from the Insurance Institute for Highway Safety (IIHS) estimate that while head-on collisions between cars are comparatively rare – only around 3.3 percent of all crashes are of this type – but roughly 10 percent of fatal crashes nationwide are of this type. This does make sense when one considers the sheer weights involved in most collisions, especially when the vehicles involved are not of similar size. Pedestrians and passengers in smaller cars tend to bear the brunt of the damage in such accidents.
Collapse Shuts Down I-90 Near Hunt Lane
Commuters on westbound I-90 experienced a very unusual phenomenon on April 23; a road collapse resulting from a failed sewer pipe close to Hunt Lane. The main lanes were closed for three days. As of this writing, no injuries or deaths were reported in the collapse, but it is worth mentioning that had there been, those injured might have had a difficult time bringing suit to try and recover for their injuries. If you are injured in an accident resulting from poorly maintained or dangerous roads, there are very specific times when an injured person can sue a governmental entity.
Sovereign Immunity May Apply
Whenever the government is implicated in a personal injury lawsuit, a principle called sovereign immunity is implicated. Sovereign immunity is a principle dating back to English common law (on which U.S. law is based) that basically holds the government – or at that time, the sovereign – immune from being sued, because their attention should be on the enforcement of laws and running the government, rather than defending itself from every perceived grievance. As many other states do, Texas has its own sovereign immunity statute, called the Texas Tort Claims Act (TTCA).
14-Year Old Driver Crashes Car on South Side
Recently, a serious crash in the 6500 block of Padre Drive, in south San Antonio, claimed the life of a 15-year old girl and caused significant property damage to a home and yard. A Ford Fusion lost control after hitting a curb, crashing through a wooden fence, hitting a tree and bringing branches down on the home. The remarkable fact about this accident is that police identified the driver of the Fusion as a 14-year old girl, who is now facing charges of intoxication manslaughter. This episode raises questions about Texas’ parental liability statutes, as many people do not have any idea that they might be held liable for damage that their children cause.
Property Damage Only
Texas, like most other states, does have a parental liability statute which states that parents can be held liable for the conduct of their children. However, the important thing to keep in mind about Texas’ particular law is that it only applies to property damage. If your child causes property damage, you as a parent can be held liable for that damage if one of two conditions applies. The first is if your child between the ages of 10 and 18 can be shown to have acted willfully or maliciously. The second is if your child’s conduct can be “reasonably attributed” to your negligent parenting. The owners of the home whose fence and tree were damaged in the Padre Drive accident could plausibly sue the young driver’s parents under this statute over the damage to their home.
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