Posted on September 04, 2018 in Uncategorized

The morning of August 14 saw I-35 near New Braunfels closed, as the brakes of an 18-wheeler caught fire. The truck became stuck, spilling cargo on the road that required several hours to clean up. While as of this writing, no injuries have been reported, it is worth noting that this particular type of crash, which can seem innocuous, can cause severe injury both to the truck driver and to others on the road.

Trucks Can Be Dangerous to All

It is well established that trucking accidents can cause severe injury and death for all involved, and generally do, given the higher weights and potentially dangerous substances that may play a part. The most recent available data reports approximately 4,000 deaths from truck accidents in 2016, but the most important note is that of these fatalities, an astonishing 97 percent of the deaths in two-vehicle accidents of this type (where one was a truck and the other an automobile) were automobile occupants. Trucks simply have the proverbial edge.

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 Posted on August 29, 2018 in Uncategorized

On August 9, I-35 near Georgetown saw a severe crash between two 18-wheelers, causing damage but luckily no injuries. The first appeared to sideswipe the second, getting pinned in between it and the concrete guardrail. While it is unusual for two trucks to wind up pinned together, trucking accidents are sadly too common on Texas freeways, especially near major cities such as Austin.

Truck Wrecks Cause More Deaths

While deaths can occur in any kind of auto accident, truck crashes consistently cause more fatalities than car crashes, simply because there is so much more weight being spread around. Data from the Federal Motor Carrier Safety Administration (FMCSA) for 2016 shows 4,564 fatalities in 2015 resulting from crashes that involved large trucks or buses – which is approximately 5 percent up from the previous year. If an automobile is involved in an accident with a vehicle the size of the average 18 wheeler, it will get the proverbial short end of the stick, even if the trailer is not loaded – but if it is, it may be even more dangerous.

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 Posted on August 27, 2018 in Uncategorized

On the night of August 8, a visibly intoxicated woman in her 30s or 40s staggered into traffic on Bandera Road, being struck by a driver in a pickup truck who had been passing. He stopped to render aid, but she was taken to University Hospital with injuries that were described as ‘life-threatening.’ While in many situations, a driver who strikes a pedestrian will almost always be liable, it is cases like this where possible extenuating circumstances do exist.

The Basics

The average layperson tends to think that pedestrian accidents are usually the fault of the driver, as pedestrians are smaller, have less protection in case of an accident, and move at a far slower rate of speed. Indeed, sometimes such accidents are caused by drivers, especially in states like Texas that have the highest speed limits in the country (which in turn breed higher potential for distracted driving, reckless behavior and the like – all common causes of traffic accidents).

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 Posted on August 22, 2018 in Uncategorized

After a crash involving a pedestrian on the afternoon of August 1, a driver has been apprehended on charges of failure to stop and render aid. A man died at the scene after another man’s car hit him while walking on the sidewalk near the corner of South First Street and West Ben White Boulevard. While the second man will face criminal charges, it is also likely that should the family of the deceased choose, he will also face a civil lawsuit for wrongful death.

Wrongful Death in Texas

Texas’ wrongful death statute holds that liability exists if someone’s death is caused by another person’s (or their agent’s) “wrongful act, neglect … or default.” In short, if Person A’s conduct rises to the level of negligence under the law, and that negligence causes Person B to die, Person A may be liable for wrongful death. To prove liability, one must show that (1) a duty of care existed between plaintiff and defendant; (2) that duty was breached; (3) the breach caused tangible harm to the plaintiff; and (4) that harm was done directly because of the defendant’s actions.

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 Posted on August 20, 2018 in Uncategorized

A San Antonio police officer suffered non-life-threatening injuries when a car crashed into the vehicle he had pulled over on August 1. A driver coming up to I-10 W, between Huebner and Zavala, failed to slow down for the backup that inevitably results from a traffic stop and crashed into a car. The eventual chain reaction made it to the police cruiser, causing moderate injury to the policeman. While these types of collisions are rare, they do bring up interesting questions about who can be held liable for injuries suffered.

Each Situation Is Different

Chain reaction car accidents generally involve at least three vehicles, though, in theory, any number may be possible, especially on slick roads. Very often, the first car in the chain will be ruled at least partly responsible, because if they had been able to avoid the crash, it is argued that others might have been able to follow their example. However, this is not always the case. Sometimes another driver will be held to have been following too closely, or sometimes, the public agency that maintains the road (in this case, the Texas Department of Transportation) may not have adequately posted signage, or in some cases, the weather will be ruled to have caused the accident itself.

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 Posted on August 15, 2018 in Uncategorized

Rush hour on I-10 led to tragedy for a motorcyclist who lost control after one too many lane changes, as he was pronounced dead at the scene after being thrown from the vehicle. As far as possible, it was not theorized that anyone else was to blame for the crash. Sadly, motorcyclists will occasionally drive in a reckless manner that can cause injuries or even fatalities to themselves and others around them, but sometimes accidents are caused by automobiles, as well. If you have been injured in a motorcycle accident due to someone else’s conduct, you may be entitled to compensation.

Riding Can Be Dangerous

Texas accident statistics show a grim trend for motorcyclists. To be sure, 505 fatal crashes occurred in 2017, up from 501 in 2016 and 458 in 2015. The majority of all motorcycle accidents occur in urban areas, contrary to popular perception – in Texas, the top five most hazardous metro areas for cyclists were Houston, San Antonio, Austin, Dallas and El Paso, with these five making up a majority of the motorcycle accidents in the state for that year. Generally, motorcyclists are 27 times more likely nationwide to be killed in an accident than drivers and passengers in cars or trucks.

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 Posted on August 13, 2018 in Uncategorized

On July 15, an unusual accident occurred in the 3500 block of I-35 in North Austin. A man was driving a sedan down the road when he collided abruptly with the back of a trailer. He later died of his injuries at Dell Seton Medical Center. While this appears to have been nothing more than a tragic accident, it is noteworthy because accidents like this do happen, and sometimes people are not liable – but sometimes the unusual nature of the accident does not insulate them from liability.

Negligence Cases and Criteria

Most of the time, when auto accident cases occur, they are brought under a theory of negligence law. In order to hold a defendant liable for negligence, four criteria must be established. You must show that a duty of care exists between motorists sharing the road. You must show that the defendant’s conduct breached that duty and that it was the direct cause of any harm that you suffered (you must also show that you did indeed suffer harm as a result of the defendant’s actions, as opposed to merely being shocked or scared).

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 Posted on August 08, 2018 in Uncategorized

A 40-year-old woman was pronounced dead on arrival at University Hospital in San Antonio after being hit by a car on the night of July 12. While the driver who struck her did stop and render aid, the woman was unable to be revived. San Antonio police stated that no charges would be filed against the driver, but pedestrian accidents sometimes do wind up with charges being filed, especially if drivers leave the scene of the accident.

Texas Can Be Dangerous for Pedestrians

Because of issues such as Texas’ speed limits, pedestrians are more prone to be victims of accidents in Texas metro areas than in many other cities in the United States. Preliminary data from the Governors Highway Safety Administration (GHSA) for 2017 show that approximately 43 percent of all pedestrian deaths came from five states, of which Texas is one. Texas averaged 2.44 pedestrian deaths per 100,000 people, which is in the top 10 in the country.

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 Posted on August 06, 2018 in Uncategorized

One woman died after rolling her vehicle on Ralph Fair Rd in San Antonio, on the morning of July 23. Law enforcement reported that the woman was not wearing a seat belt at the time of the impact, and that speed had likely been a factor in the crash. These accidents are unfortunately all too common, especially on Texas roads, but if you are involved in one due to another person’s negligence, you may be eligible for compensation stemming from your injuries.

Statistics Show Fatalities Are Common

Because so much weight and metal is moving around, rollover accidents have the potential to cause significant injury and death. The numbers of such accidents are increasing; data from the National Highway Traffic Safety Administration (NHTSA) show almost a 10 percent increase in multi-vehicle rollovers from 2015-2016, as well as a 2 percent increase in single-vehicle rollovers. This can affect the overall death rate in auto accidents, as rollovers are much more likely to cause injury than many other types of crash. For example, the NHTSA’s safercar.gov website cites statistics showing that almost 35 percent of all auto accident deaths were in rollover accidents, even though rollovers were only approximately 2 percent of the total accidents on U.S. roads.

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 Posted on July 31, 2018 in Uncategorized

One man was killed and two others severely injured after a sedan lost control and wound up T-boned by a truck on July 9. The accident occurred on West Cesar Chavez Street, snarling traffic around the Lamar Bridge for hours. T-bone accidents are less common than other types, but when they do occur, they can cause serious long-term injuries or even death, for many varied reasons.

Statistics and Patterns

While no auto accident will ever be fully predictable, data does show certain trends. Around 18 percent of all fatal auto accidents involved a side-impact collision, the majority of those being impacts on the same side where the deceased person was sitting. While in general, crashes on the same side of the vehicle as a person is sitting on will cause them greater harm than would a crash on the opposite side (or the front or back), studies have shown that even with seatbelts, the risk of injury or death in a same side-impact crash is greater than in any other type of accident.

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