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Fatal Car Crashes Occur Every Day in Texas
The Texas Department of Transportation (TxDOT) issued a statement on November 7, 2018, stating that it has officially been 18 years – since November 7, 2000 – since the last death-free day on Texas roadways. This is a statistic that is unique to Texas – no other state has posted so many consecutive years without a death-free day, for several different reasons. It can be frightening to hear such a statistic, but there are ways that you can give yourself the best chance to avoid being in an accident while you travel in Texas.
Minimize Distracted Driving
One of the most often seen factors in fatal road accidents is distracted driving, whether texting or other types of behaviors. Statistics report that roughly one in five accidents on Texas roads involves distracted driving, with over 3,000 fatalities and serious injuries reported in 2017 related to this specific type of car crash. It is very easy to imagine that you will somehow avoid the potential negative consequences, but over time, the odds catch up with everyone. If you cause an accident while you are driving distracted, you could wind up being held liable for the injuries you cause, and that can add up, even with insurance.
Rollover Crash in Bexar County Hospitalizes Three
In the early hours of November 1, a significant rollover crash occurred on I-37 South, near Mathis Road. Two people were thrown from their car as it flipped over, sustaining serious injuries, while a second passenger sustained less severe damage to their person. The victims were taken to University Hospital and San Antonio Military Medical Center, respectively, in stable condition. All the victims in the crash can be said to be quite lucky to escape with only experiencing relatively mild harm – rollover crashes are by far the most deadly type of car accident, and if someone is held liable for injuries suffered by another person in a rollover, the bills can be very high.
Rollovers Can Be Deadly
Rollover accidents comprise only a small percentage of all car crashes in any given year – the National Highway Traffic Safety Administration (NHTSA) estimates that roughly 2 percent of auto accidents in a year are rollovers. However, those accidents involved approximately 35 percent of all fatalities sustained in car crashes. Also, as many as 85 percent are single-vehicle accidents, meaning that very often, any liability lays on the driver’s head. Rollover crashes can be profoundly dangerous, as can be seen.
Tourist on Electric Scooter Injured
San Antonio has joined the list of cities offering electric scooter and wheelchair rentals to tourists, but this can and does sometimes lead to more accidents. On October 30, there was one on North St. Mary’s Street, near College Street, where a man on an electric scooter was hit by a car as he attempted to cross the street against traffic. The tourist’s injuries were relatively minor, but if they had been worse, the driver might be in considerable trouble.
Not Much Info on Scooter Accidents
Because of the relative novelty of the phenomenon, there is not much data on the prevalence of scooter accidents. However, anecdotally, everyone seems to have a story of a scooter injury – falling off, being struck, or something else. There are numerous ways that these scooters can be involved in accidents – the vehicle itself can lock up or fail to respond to the rider, pedestrians can be struck or scooter riders can be struck by passing vehicles. Dockless scooters may also pose accessibility restrictions and/or be unforeseen obstacles, especially at nighttime, given their relatively low profile.
Wrong-Way Crash on I-10
On the night of October 21, there was a wrong-way crash on I-10, on the northwest side of San Antonio, where a car struck another near Vance Jackson Road. After the collision, the wrong-way driver fled on foot, being apprehended later on further down Vance Jackson Road. While no serious injuries were reported, alcohol is said to have been a factor, and as such, the driver will almost certainly be prosecuted. Both drivers were quite lucky to sustain no major injuries, as very often wrong-way collisions can cause severe injuries and even death.
Many Wrong-Way Collisions Involve Alcohol
Unlike many other types of collision, alcohol often plays a major role in wrong-way crashes. Statistics from the National Transportation Safety Board (NTSB) show that in fatal collisions on divided highways, the number of wrong-way drivers who had ‘shown signs of alcohol use’ was approximately 60 percent. Also, approximately 60 percent of wrong-way drivers in the sample had a blood alcohol content level of 0.15 or more at the time of their accident – which is, in most states (Texas included), significantly over the legal limit to be considered drunk.
School Bus Accident on Hwy 71 Injures 10
A school bus was struck by an 18-wheeler on October 25, causing injuries but no deaths. The crash occurred on Highway 71 at Tucker Hill Lane, just outside of Austin, where the truck driver ran through a red light – surveillance video from a nearby gas station shows the accident and showed the truck clearly failing to stop. The bus driver and 9 students were taken to nearby hospitals for treatment, though the exact extent of the damage remains unknown as of this writing. While school bus accidents are rare, parents should know that if their child is injured, it is possible to try to hold someone liable for the accident.
Bus Drivers Have Rules
There are multiple potential causes of school bus accidents, though the cause of the Hwy 71 crash appears apparent enough. Many of them usually have to do with bus driver error (yes, even school bus drivers) – speeding, driving recklessly, such as going too fast in inclement weather, and alcohol or drug abuse can all contribute. Other causes may include poorly maintained roads (especially with a large vehicle like a school bus, a pothole can cause problems).
Flooded Roads in Austin Cause Car Problems
The recent flooding along the Colorado River has impacted 18 different counties in Texas, including Williamson, Bastrop, and Travis counties. Many people in and around Austin have had to evacuate, losing personal belongings or sometimes their homes. Another problem seen in flooded areas is a host of automobiles either damaged or totaled, by rising flood waters or by accidents caused by weather. If you are injured in an auto accident in this type of weather, you may be entitled to compensation for the harm you suffered, if you can show that someone else’s negligence played a role.
Crashes Are Common
Because so few are truly prepared to handle floods on busy roads in Austin, several accidents always occur in heavy rainstorms. Standing water is always a potential issue, and if an area has not had a lot of rain before the onset of the storms, oil can build up on the pavement and make it more slippery. Speed is also a constant factor as well, especially since many drivers do not slow down in suboptimal weather. The end result can be severe – statistics from the U.S. Federal Highway Administration show that as many as 70 percent of all weather-related crashes happen on wet pavement, with an average of approximately 20 percent of all auto accident injuries occurring in rain.
Motorcycle and Car in Fatal Crash on Larkdale Drive
On the night of October 14, a driver turning onto Larkdale Drive from O’Connor Road was struck by a motorcyclist traveling at a “high rate of speed,” killing the motorcyclist and damaging the automobile. The driver had no injuries, but the motorcyclist was pronounced dead at the scene. Sadly, this is all too common in San Antonio motorcycle accidents, with motorcyclists being killed much more often than automobile drivers, and those that survive are much more likely to be severely injured than auto drivers. There are multiple reasons for this.
Statistics Show Heightened Danger
Motorcyclists simply have to do more with less, given the comparative lack of protection surrounding them compared to the protection an automobile gives its driver and passengers. Data from the Insurance Institute for Highway Safety estimates that motorcyclists are up to 29 times more likely to die in a wreck than those in an automobile. This is compounded by Texas’ helmet law, which only requires such protection for those 20 and younger, meaning that many older cyclists are not wearing helmets when they are involved in a wreck if they choose not to. While this is their choice, it does contribute to a high fatality rate, as helmets have been shown to prevent approximately 37 percent of fatal injuries.
Bastrop County Hydroplaning Wreck Kills Four
On October 8, tragedy struck in Bastrop County, when a speeding pickup truck hydroplaned on Texas 95 and struck a sedan with children in the backseat. Three of the sedan’s passengers and the driver were killed, pronounced dead at the scene, two of them juveniles. Another child in the sedan was critically injured, with their fate unknown as of this writing. The pickup driver was in stable condition at an area hospital. While sometimes these types of accidents are unavoidable, many times they are not, and an avoidable tragedy may wind up resulting in significant civil liability for the responsible party. If you are in an auto accident that can be chalked up to another person’s recklessness or negligence, you may be able to recover compensation for your injuries.
Texas Negligence Law
In every negligence case, one has to prove certain things occurred in order to establish that the defendant was actually negligent. One must establish that a duty to exercise reasonable care existed between the plaintiff and the defendant – this is generally stipulated, as past cases have postulated the existence of this duty. It must also be established that the defendant breached that duty of care by their conduct, or lack of conduct (for example, failing to brake in the appropriate amount of time would be considered conduct). That conduct, that breach, must also be shown to have caused actual harm to the plaintiff. Actual harm generally means anything worse than cuts and bruises – broken bones, head injuries, or emotional problems like post-traumatic stress are some common examples.
Drag Racers Stopped on I-10 in San Antonio
A man was arrested on October 7 after being observed going over 100 mph on I-10 on an earlier date, ostensibly while racing another car. He was taken into custody after he admitted racing in his Chevy Camaro. While some see street racing as a harmless pastime, it is against the law in Texas, and if you are caught engaging in the practice, you may wind up with heavy fines and a possible license suspension. If you are injured by a street racer, by comparison, you may have a surprisingly easy case for negligence under Texas law.
Proving Negligence
In order to prove negligence under Texas law, a plaintiff must establish four points. They are:
- That a duty to exercise reasonable care existed between plaintiff and defendant – this is generally stipulated in auto accident cases since it has been established by past precedent that drivers on the same road always owe each other a duty of care;
VIA Bus Accident Snarls Traffic On Hwy 281
The morning of October 1 saw traffic slowing noticeably on Highway 281 near Bitters Road, due to an accident involving a VIA bus, a pickup, and an automobile. While the accident was characterized as ‘major,’ what immediately occurred was not disclosed by law enforcement. Still, the relative scarcity of bus accidents still means that the event is worth marking because when bus accidents do occur, they can be devastating. Yet so few people understand how best to seek compensation for any injuries they sustain.
Buses Are Not Cars
Buses, especially those owned or operated by government agencies, occupy their own special place in Texas law. Certain requirements, such as insurance coverage (generally, those buses that carry 15 passengers or fewer have to carry less insurance than those who carry more) and duty of care toward their passengers, hinge upon how many a bus can carry and in what context. For example, the regulations covering chartered buses, such as those for casinos or churches, are very different than those surrounding city buses or school buses owned by cities and counties. Understanding the difference matters in an accident situation.
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