Recent Blog Posts
City of Austin Seeks to Improve Safety at Dangerous Intersection
The intersection of Braker Lane and I-35 in north Austin has seen 66 crashes in the last five years, according to the Austin Transportation Department (ATD), and the Department is set to try and remedy this issue. $1.25 billion in improvements will be made to the intersection over the next handful of months, including ADA-accessible curb cuts, improved pedestrian crossings, and the possibility of an extended median that would eliminate left turns into some of the retail parking, potentially cutting down on blind-corner accidents.
Road Improvements Mean Fewer Crashes
Despite the fact that construction can be annoying and difficult to navigate around for people in the area, the changes to the Braker Lane area are being made in order to minimize accidents, which have spiked after retail moved into the area. Because there are so many businesses and so much traffic at that intersection that was not there perhaps five years ago, the traffic demands have outpaced the lots’ and traffic lights’ ability to regulate it. Thus, ATD is using funds from the 2016 Mobility Bond to both regulate traffic and improve overall accessibility to the area, especially in specific improvements that will help the city comply with the Americans With Disabilities Act (ADA).
Fiery Crash Near Coupland Kills One
Recently one person was killed in a crash near Coupland, at the intersection of FM 973 and Richland Road. The crash involved two vehicles, with one being fully engulfed in flames when Travis County sheriff’s personnel arrived at the scene. While very little is known about the deceased, it is worth asking whether or not something in the design of the vehicle contributed to its catching on fire as a result of the impact. While car accidents are distressingly common, vehicles bursting into flames are much less so, and understanding all possibilities can keep you a bit safer from harm if you can see it coming.
Negligence vs. Product Liability
All motorists on Texas roads owe each other a duty to exercise reasonable care while operating their vehicles. Normally, in most auto accident cases, a plaintiff sues a defendant for allegedly breaching that duty – this is known as the legal theory of negligence. In a negligence case, a plaintiff must show that duty has been breached, and must also show that they suffered harm because of it that was directly due to the defendant’s conduct, with no other supervening cause in between.
Sign Maintenance Work On I-35
The Texas Department of Transportation (TxDOT) performed sign maintenance work on I-35 recently, which forced many commuters to seek alternate routes as lanes were closed on Eisenhauer Road. All appeared to go well, with lanes reopening on schedule, but there were certainly enough honking commuters to infer that the closure caused problems. This type of maintenance is critical, despite the potential issues it may cause – obviously because road breakdowns cause problems, but also because failure to fix those breakdowns can put governments and other state entities like TxDOT on the proverbial hook for liability in the event of an accident.
More Than One Cause for Accidents
While the majority of car accidents can be ascribed, at least in part, to driver error, there are some incidents where neither driver may be at fault. Unforeseen road condition problems are recognized under Texas law as being grounds for liability, usually on the part of the state government or that of a city or town. Examples include potholes, construction zone-related issues, failure to prepare roads for inclement weather, faulty or absent guardrails, and missing or unusable signs or signals. In some rare cases, the design of the roadway itself (its overall visual plan) may be grounds for liability if a pattern of traffic crashes emerges there.
Watch Out for Motorcycles on Texas Roads
Because of Texas’ routinely mild weather, there is almost no dip in the number of motorcycles on the road during the winter. However, many drivers operate their vehicles as though they think there should be, which can make the road more dangerous both for cyclists and for auto drivers alike. If you have been in an accident with a motorcyclist, it is important to accurately reflect on whose behavior might be to blame, and to what degree you might be precluded from seeking compensation for your injuries.
Motorcyclists in Greater Danger on The Road
Because of a lack of protection between them and the road, motorcyclists are much more likely to be injured or killed in an accident, especially on a major road or freeway. Statistics from the Texas Department of Transportation (TxDOT) estimate around 500 motorcyclists killed in 2017. While the TxDOT statistics explicitly mention that just over half (52 percent) were not wearing a helmet at the time of their accident, this is only one factor in the elevated fatality risk for cyclists.
NISD School Bus Struck on Babcock Road
In early December, a school bus belonging to the Northside Independent School District (NISD) was struck as part of a four-vehicle crash on Babcock Road, near Wurzbach Road. An SUV struck the bus and was in turn struck by two other vehicles, pushing the bus on top of a gas main, which warranted a partial evacuation of the nearby area. The bus did have passengers, but none of the 11 children on board was injured, nor was the driver. Thankfully, no injuries or fatalities were sustained, but with school buses, accidents can be devastating. If you or a loved one have been in a bus accident, it can be very confusing to try and seek compensation for your injuries.
Finding Fault
One thing that must be kept in mind after a school bus accident in Texas is that just because your child might have sustained an injury on a school bus, it does not mean that the school or the driver are responsible for that injury. Children are children, and sometimes injuries and accidents do happen. The injury is only compensable if your child was injured due to someone else’s negligence or recklessness (or, obviously, if someone else intentionally sought to injure them). If it can be shown that your child was injured because someone else’s actions were negligent or reckless, however, you may have a claim against the driver, the school, the bus manufacturer, or another actor, depending on the specifics of the situation.
I-35 Lanes Reopen After Truck Crash
Some of the most unusual crashes can occur on Texas highways, but regardless of their rarity, they can cause real issues for commuters and other drivers. Recently, a semi-truck carrying a load of avocados overturned on I-35, near Oltorf Street in Austin. The driver allegedly struck a cement barrier on the edge of the road and lost control. Neither the driver nor anyone else was injured, and no other vehicle was involved, though the road was closed for most of the night, including part of the early morning rush hour. While thankfully there appear to have been no injuries in this particular crash, semi-trucks do cause a large proportion of accident injuries and fatalities in any given year.
Texas Highways Require Caution
A large amount of U.S. shipping goes through Texas, and a large amount of that goes by road. Semi-trucks are common sights on Texas highways, and while the majority of their drivers operates their vehicles in a safe manner, their sheer numbers merit caution for cars and other smaller vehicles. 2017 statistics show 5430 vehicles involved in fatal crashes in Texas, of which approximately 10 percent were trucks. However, the percentage of fatalities in those accidents were markedly higher than those in accidents not involving trucks.
Pedestrian Hit By Sedan on Culebra Road
Recently, a young pedestrian was struck by a car near St. Mary’s University, on Culebra Road. He was hit by a sedan going by while walking in the street, sustaining injuries severe enough to require transport to University Hospital for treatment. The driver of the car did stop and render aid, meaning that no criminal charges will be filed against them. However, should the pedestrian feel that the driver acted recklessly, they still might be able to bring a civil suit against the driver in order to be compensated for their medical bills.
Texas Pedestrian Accidents Are Common
Because of its sheer size and spread-out cities, Texas tends to not be very friendly for pedestrians, especially in urban areas. A 2017 report by Smart Growth America, an urban planning think tank, listed Texas as the ninth most dangerous state for pedestrians, with a Pedestrian Danger Index of 101.1. Texas Department of Transportation (TxDOT) statistics show approximately 615 pedestrian fatalities, which is a decrease from the previous year, but still a higher number than most other states.
Truck Fire Near Pflugerville Closes SB Texas-130
During rush hour on January 7, 2019, two of the southbound lanes on SB Texas-130 were closed due to a semi-truck fire. While no one was injured, there was a minor fuel spill as a result of the accident, and as such, all lanes were closed for hours until the extent of the spillage could be verified. This crash did not harm anyone, but unfortunately, many truck fire-related accidents are more dangerous. If you are injured due to a truck or car fire after an accident, the damages you suffer can be quite severe.
Statistics Show Fatalities Rising
The overall number of traffic fatalities in Texas decreased just barely between 2016 and 2017, but the number of deaths due to truck accidents, particularly accidents involving large trucks, rose. Passenger car-related deaths made up roughly 34 percent of the total in 2017, but truck-related deaths made up 33 percent, and the percentage stemming from accidents involving large trucks held steady at 3 percent. This may not sound like a lot, but truck accidents were proportionally more likely to be fatal than any other type of auto crash. Given the size and relatively poor handling of most large trucks, it is sadly understandable.
T-Bone Crash Leads to Manslaughter Charge
On the night of January 6, 2019, a speeding Dodge Charger T-boned a pickup as it was turning onto FM 78 in San Antonio. The driver of the pickup was killed on impact, going through a steel fence and into a ditch. The driver of the Charger was treated for minor injuries, along with his two passengers, and then taken into custody on a charge of manslaughter. Manslaughter is a criminal charge, but it is not implausible that the family of the pickup driver might bring suit against the driver of the Charger for wrongful death on top of that. Criminal charges lead to jail time for a defendant if found guilty, while a civil suit for wrongful death leads to a defendant being held liable for their actions, and required to pay monetary damages.
Side Impact Collisions Can Be Deadly
According to statistics from the Insurance Institute for Highway Safety (IIHS), side-impact collisions led to approximately 24 percent of all passenger vehicle deaths on the road in 2017. Some side-impact collisions can turn into rollovers, which are particularly deadly all on their own (only around 2 percent of all vehicle crashes in 2010 were of the rollover type, but rollovers accounted for almost 35 percent of all crash-related deaths that year), but even if your car does not roll, side impact collisions can cause particular harm.
Utility Truck Crash Closes Lanes on Loop 1604
A crash on the afternoon of December 19 caused a fairly significant problem on Loop 1604 in San Antonio, between Stone Oak and Highway 281 – a utility truck was involved in an accident, which then caused it to leak a substantial amount of fuel onto the roadway. While ultimately, no injuries were reported, these types of crashes can be dangerous, and they can also pose complex questions about just who is liable if injuries or fatalities do occur.
Utility Trucks Occupy Unusual Legal Ground
Trucks are grouped under the law by their weight, in most situations. Pickup trucks and sport utility vehicles are regulated the same way as automobiles. 18-wheelers and other big rigs are usually overseen by the Federal Motor Carrier Safety Administration (FMCSA) and other authorities that can competently regulate commercial trucking and its nitty-gritty details. Utility trucks very often wind up in the middle, both in terms of weight and in terms of the regulations imposed upon them, and it is because they can differ significantly in terms of size and weight within that classification.
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