Recent Blog Posts
Pedestrian Struck and Killed On I-35 Service Road
On May 8, an unidentified pedestrian was struck by a car and died at the scene on I-35’s service road, just off the US 183 flyover. While police have no information regarding the age or gender of the pedestrian, such accidents are sadly quite common on I-35, and bringing suit against anyone to recover for your injuries can be somewhat difficult. However, it is not impossible, depending on the situation.
Statistics Pinpoint Multiple Reasons
The Governors’ Highway Safety Association (GHSA)’s 2017 report on traffic safety in metropolitan areas puts Texas as the 13th most deadly state for pedestrian deaths, with 0.93 per 100,000 people. Texas, Florida, and California accounted for almost 45 percent of all pedestrian fatalities during the relevant time period, which is indicative – all three states have multiple major highways, and all experience similar traffic patterns, at least in major cities. It is not unreasonable to assume that the infrastructure of these states may contribute to pedestrians being harmed.
I-10 Lane Closed For Pavement Failure In San Antonio
On the morning of May 8, commuters on I-10 W between Boerne Stage and Ralph Fair roads found themselves contending with a partial closure of the freeway, which is planned to last into the upcoming weekend. While this might cause problems in the short term, it saves innumerable problems in the long term, for both commuters and for the city itself. If someone were to have an accident, and the pavement being in poor condition was a factor, they could conceivably sue the city.
Road Management Creates Liability
Auto accidents can absolutely be caused by potholes and other road hazards such as damaged signage, broken or missing guardrails and the like. Texas roads are constantly under maintenance, especially given the levels of traffic they see, but even so, accidents still happen. When an accident does occur, the plaintiff may, at least in theory, sue the entity responsible for maintaining the road under a theory of negligence – that is, arguing that because they had an accident on the road, that it was not maintained sufficiently. For example, in San Antonio, that entity will usually be the Texas Department of Transportation (TXDOT).
Woman Sustains Minor Injuries in Rollover Accident
The morning of April 30 was both lucky and unlucky for a San Antonio motorist, who was involved in a rollover accident near Interstate 10 and Boerne Stage Road as she failed to notice that the street came to a dead end. She was not seriously hurt, sustaining only a possible broken arm and assorted scratches, and while this is obviously positive news, it is remarkable. Rollover accidents are by far the most potentially likely of all crash types to cause fatalities, and if you or a loved one is involved in a rollover crash, you may not be as lucky as the woman on Interstate 10.
Many Reasons for Increased Fatalities
The National Highway Traffic Safety Administration (NHTSA)’s safercar.gov website reports that in 2010, only around 2 percent of reported auto accidents were rollovers, but those accidents made up almost 35 percent of all car crash fatalities. There are many disparate causes for statistics like these, but vehicle type can play a large role in turning a standard sideswipe or rear-end accident into a rollover. Vehicles with a high center of gravity, such as certain passenger vans or sport utility vehicles (SUVs), are much more likely to tip over when struck because they are not as low to the ground.
Dump Truck Loses Its Load in Round Rock
April 23 saw gridlock around Round Rock after a truck carrying a load of materials lost control and dumped its load on I-35, near the northbound Westinghouse Drive exit. While no one appears to have been hurt in this particular incident, carrier trucks and dump trucks of this type do feature often in fatal accidents, and many of them are caused by drivers losing control of their loads. It is important to be aware of the potential for this to happen when driving on Texas highways.
Statistics Are Vague
The term ‘dump truck’ is a vague one, and federal statistics do not track specific incidents involving this particular type of truck, though Texas statistics do track statistics involving load-hauling trucks and semis. Fatalities and injuries in these types of accidents number approximately 3,400 in 2016, the most recent available data, which is roughly the same as in previous years. Nonetheless, only passenger cars and pickup trucks have been responsible for more combined casualties on Texas roads in the past years.
Truckers’ Habits Can Cause Accidents
Texas roads see quite a few big rigs at any given moment. While the majority of truckers know how to operate their vehicles safely and efficiently, a minority will sometimes cut corners in the name of profit or convenience, and when this happens, accidents occur. Several studies have been done in the last few years that indicate that a significant percentage of accidents involving 18-wheelers and other large trucks can be attributed at least in part to truckers’ fatigue and potential mismanagement of their vehicle.
The Large Truck Crash Causation Study
In 2015, a major study was commissioned by the Federal Motor Carrier Safety Administration (FMCSA) to analyze patterns in crashes involving large trucks. What the study discovered was illuminating: namely, that most large truck crashes involved multiple factors, and in the majority of the studied accidents, the truck was found to be primarily at fault. When probability samples for the critical reasons for large truck accidents were studied, the driver (either of the truck or of the vehicle crashing into the truck) was found to be at least partly responsible as often as 87 percent of the time.
Motorcyclist Dies after Collision
The night of April 16 proved fatal for a San Antonio motorcyclist who was thrown from his bike after attempting to avoid crashing into a car on NW Loop 410. The car had been speeding and clipped the motorcyclist, who was then thrown from his vehicle after trying to avoid a further crash. He died of his injuries at University Hospital. This type of incident is sadly not uncommon, though it is somewhat unique that the cyclist’s injuries were attributed more to the impact with the road than to the collision itself. Motorcyclists are at high risk for injury and death in any type of crash.
Many Reasons for Higher Fatality Rate
Motorcyclists are consistently shown to be disproportionately injured and/or killed in automobile accidents. The National Highway Traffic Safety Administration (NHTSA) estimates that per vehicle miles traveled, motorcyclists were killed almost 29 times more often than automobile passengers in road accidents. Helmets and safety equipment do help in lowering the risk, but they are only estimated to be approximately 37 percent effective based on existing data. Very often, the facts are simply against the motorcyclist who gets involved in a crash.
Thirty Injured in School Bus Wreck
On April 17, busses from the Navasota school district, about halfway between Austin and Houston, were involved in a collision with a utility truck in Fairbanks North Houston. Both students and adults were injured in the crash, requiring transport to local hospitals. While no fatalities have been reported as of this writing, the crash was nonetheless a severe one, and it is worth noting that the students and faculty were lucky – bus crashes, in particular, are prone to many injuries and even death.
Different Legal Classifications
For legal purposes, busses are divided into two different classifications, governmental and private. Private buses include commercial vehicles like Greyhound buses, charters, and shuttles like those used at airports. Government buses are public transport buses, school buses and those used for transport of the disabled. More specifically, any bus that is not considered to be owned by the general public is considered to fall under the ‘private’ heading, and as such, the law covering their liability is different than that covering governmental transportation.
Driver Killed In Fiery Crash
On April 19, San Antonio police responded to a single-vehicle accident on Alamo Ranch Parkway, with one person being pronounced dead at the scene. From what first responders were able to put together, the car struck a curb and went airborne, eventually colliding with a light pole and catching fire. There was no indication of any other driver being a factor in the accident. This is not uncommon, especially on Texas’s fast-paced roads – single-vehicle accidents are a major cause of traffic fatalities in the state, most often through no fault of any individual.
Common Cause of Accident Deaths/Injuries
Single-vehicle accidents, though seemingly uncommon, actually account for a surprising amount of injuries and fatalities on Texas roads. This is especially true of the variety where a single vehicle drifts off the road (referred to in studies as an ROR, or run-off-road accident) – statistics from the National Highway Traffic Safety Administration (NHTSA) state that this type of accident accounts for as high as 70 percent of the fatalities in single-vehicle accidents. Texas figures report that single-vehicle accidents accounted for almost 1,300 deaths in the year 2015 (the most recent available data).
Hit-And-Run Accident Injures Pedestrian
FM 620, near the Mansfield Dam bridge, was the site of a hit-and-run accident in the early hours of Wednesday, April 11, leaving a Round Rock man in critical condition. The car that hit the man did not stay at the scene, leaving Round Rock PD little choice but to treat the accident as a hit-and-run, which is a crime. If you are the victim of a hit-and-run accident, you may be able to obtain civil compensation from the driver, as well as their possibly facing criminal charges depending on the situation.
Multiple Reasons for Hit and Runs
Hit-and-run accidents occur much more often than people might like to admit, for several different reasons – some understandable, some unreasonable, but very few excuses are reasons to avoid liability. Even if you did not intend to hit someone, Texas law holds that you have a duty to stop and aid them if you do hit someone – thus, failure to do so is punishable by law in all but the most unusual circumstances. Even something pressing – for example, striking a pedestrian and failing to stop to render aid because you were driving your pregnant wife to the hospital to give birth – will still give rise to civil liability and/or criminal charges, depending on the situation.
Flooding Causes Problems on San Antonio Roads
In late March and early April, multiple roads in and around San Antonio flooded, causing untold problems for commuters and other motorists. While the flooding was contained to just a few streets, I-35 and Highway 281 were both affected, causing slowdowns and damage to a few cars. While the Texas Department of Transportation’s quick response arguably prevented further problems, this is not always the case in similar episodes. Poor roads and highway obstructions are among the most common causes of auto accidents, and in some cases may even wind up rendering a city or county liable for damages.
Who May Be Liable?
There can be multiple reasons why poorly maintained roads can factor into auto accidents, and most of them have to do with negligent maintenance. While not all problems with roads can be laid at the maintaining agency’s door, many can – problems such as missing or unreadable road signs, worn-out pavement or potholes, or bad drainage can reasonably be ascribed to poor performance on the part of the agency whose task it is to keep the road in good repair. Thus, if you have been injured in an accident, and you believe that one or more of the reasons were of this type, the next logical step would seem to be reaching the entity responsible for the road’s upkeep.
Hire a Firm that
Works for You.
Award-Winning
James Bettersworth has been recognized as an Elite Lawyer since 2019.
25+ Years of Experience
Our firm knows how to win complex personal injury cases for our clients.
Hands-On Legal Process
We are always attentive to our clients' needs and available to answer their questions.
Call 830-606-0404 or contact us below
telephone
830-606-0404fax
830-626-1414follow us
From our office in New Braunfels, we serve clients throughout South Central Texas, including New Braunfels, San Antonio, Seguin, Bulverde, Kyle, Garden Ridge, Spring Branch, Comal County, San Marcos, Buda, Gonzalez, Karnes City, Karnes County, Converse, Selma, Universal City, Kerrville, Canyon Lake, Hays County, Schertz, Marion, and Guadalupe County.
Results listed are not a guarantee or indication of future case results.
110 West Faust Street, New Braunfels, TX 78130
830-606-0404
