Recent Blog Posts
One Killed, Two Hurt after Collision with Drunk Driver
On December 10, 2017, one woman was killed when her car was struck head-on by a Suburban that had veered into her lane of traffic on Culebra Road. The driver was under the influence. Such stories are unfortunately not unusual on San Antonio roads, and those left behind after crashes of such severity are inevitably both injured and grieving. If you have been injured or lost a loved one in a negligent car crash, especially if alcohol is suspected, you may have a claim for your own injuries, and also possibly for wrongful death, as the deceased woman’s husband may choose to pursue.
Wrongful Death and Personal Injury
If you have been injured due to another driver’s actions, you may be able to recover damages to help pay your medical bills. There are four criteria that must be met in a Texas negligence case. You must be able to demonstrate to the court that (1) a duty of care between motorists existed (which is established by law in the Texas Transportation Code); (2) that duty was breached; (3) the breach was directly due to the defendant’s conduct, with no other cause; and (4) because of that breach of duty, you were tangibly injured – not necessarily physically, but in a manner more serious than cuts and bruises or a simple shock. If you can demonstrate these points while showing that you were not more than 51 percent responsible for your own injuries, you will likely be able to recover.
Truck Loads Can Be Dangerous All on Their Own
When one thinks of accidents involving trucks, one imagines the actual conveyance being involved. However, a truck need not hit anyone in order for an accident to happen. If a load is unsecured within a truck bed, or if a semi-truck has been loaded too much, whatever is in the truck can be the agent of harm to another person, rather than the vehicle itself.
The Profit Motive Matters
With the increase in large trucks on U.S. roads, trucking companies will occasionally cut corners in their haste to move product and people across the country. This can mean hiring drivers who may not be the best fit for the job (for example, those who have conditions that would normally disqualify them), but it can also mean negligently maintaining vehicles or securing loads. The AAA Foundation For Traffic Safety (AAA) estimates approximately 25,000 accidents per year occur at least in part due to debris “unintentionally dislodged” from the roadway, and it is not unreasonable to assume that a significant part of this debris comes off large trucks.
Rollover Accident Kills One, Injures Two
Fall and winter are the most dangerous times to drive in Texas, with inclement weather raising the risk of accidents. In late October, this was exemplified in Bexar County, when a young man driving an SUV skidded and hit the center barrier, causing his car to roll multiple times. The driver and one passenger sustained injuries, but the girl riding in the back seat was killed when the car flipped over. This is sadly common, as rollover accidents are among the most hazardous to experience, especially in less-than-ideal weather.
Common Causes and Statistics
The U.S. Department of Transportation states that approximately one-third of all passenger fatalities (as opposed to driver fatalities) occur in rollover accidents, despite rollovers only accounting for 2.1 percent of all auto crashes in 2010 (the most recent available data). Rollover accidents are more likely to be single-vehicle crashes, as well; because most impact accidents happen away from a car’s center of gravity, there is less likelihood of cars tipping over. However, if a car skids or the driver loses control, the center of gravity is irrelevant and the car may flip.
Fourteen-Year-Old Girl ‘Darts in Front of Vehicle’
On November 8 in San Antonio, a pedestrian accident occurred when a teenage girl “ran into the road” on a West Side street and was struck by a car. While no severe injuries seem to have occurred in this specific accident, pedestrian accidents can be among the most hazardous in terms of lives lost simply because one party is at a tremendous advantage in terms of protection from impact. If you or a loved one has been injured in a pedestrian accident, you may be able to seek compensation for the harm you suffered.
Pedestrian Accidents Are Common in Texas
Pedestrians have a difficult time in Texas. Recent statistics from Smart Growth America, a think tank that tracks urban development, places six Texan cities and their metropolitan areas within the 50 most dangerous in the United States (only Florida has more). Speed limits are generally high, even within metro areas, and with the way that many roads in Texas are laid out, there are fewer pedestrian crossings in many areas than there perhaps should be.
Austin Man In Single-Vehicle Crash Dies
On November 17, a 55-year-old Austin man was killed when his motorcycle drifted across the eastbound lanes and wound up striking a utility pole. No other details about the accident were released as of this writing, but it is worth noting that a single-vehicle motorcycle accident is more than a little unusual, which is perhaps counterintuitive when one assesses the risks of motorcycling. That said, a single vehicle accident does not necessarily mean that no one may be held liable for events leading up to the cyclist’s death or injury.
Single-Vehicle Accident Causes
Single vehicle “run off the road” accidents made up approximately 34 percent of all traffic deaths in Texas in 2016. However, there are many different causes of these accidents. Obviously, very few single-vehicle accidents happen due to suicidality or mere chance, but most people are slow to be able to name a cause other than that. Examples include:
Road Rage and Texas Car Accidents
Most car accidents are caused by human error – a failure to signal or stop, or wrongly anticipating one’s ability to make a turn, for example, However, there is a small percentage of auto accidents in Texas that is caused by what can only be called road rage. Sometimes people simply lose their tempers – but that ceases being acceptable when others are hurt by that anger. If you have been in an auto accident due to someone else’s road rage, you likely have a cause of action under which you may seek compensation for your injuries.
Road Rage vs Irritation
Sometimes people who have experienced road rage accidents do not report it, or they minimize the degree to which it played a part in the accident because they do not believe the other driver’s behavior reached the level of road rage. In reality, any behavior driven by extreme anger qualifies as ‘road rage’ if perpetrated while driving a car, and in many cases, the risk factors can be pinpointed.
Liability in Police Chase Crashes
On November 6, a wild police chase from Bexar County to New Braunfels ended in a serious collision that wound up injuring five, including three small children. A man had been accused of stalking a woman in Bexar County, and when he was approached by law enforcement, he ran, eventually winding up in a serious collision with two cars just inside the New Braunfels city limits.
While no one was killed, as of this writing, the man and one of the young children involved in the accident remain in the hospital with serious injuries. Such accidents raise multiple questions about liability and how to handle a case with potential criminal repercussions as well as civil issues.
Are the Police Liable?
Given that three small children were injured in this accident, it is fairly standard for the parents to at least explore the possibility of whether or not the Bexar County or New Braunfels Police Departments might be at least partially liable for the injuries, in addition to the accused. While most cases involving auto accidents tend to be between two cars, this involved multiple actors, two of which are municipal entities. Although police officers have more leeway than civilians in breaching traffic laws and other regulations while doing their jobs, sometimes they can be judged to have acted recklessly in the pursuit of a suspect.
Auto Accidents and Seat Belt Use
On the morning of October 31, a rare ejection accident occurred on U.S. 90 when the driver of a white sedan swerved into another car, then bounced off the median into the path of an 18 wheeler. He was ejected from his vehicle and died at the scene, while the drivers of the other car and the big rig were unharmed. While this is obviously a tragic event for all involved, it is important to note that the driver was almost certainly not wearing a seat belt. If that precaution had been taken, it is reasonable to assume he might still be alive.
Seat Belt Use Is Mixed
While Texas law is stringent with regard to seat belts and the fines levied if belts are not warned, this does not prevent many from going without. Statistics from the Centers for Disease Control (CDC) show that since 2003, motor vehicle deaths have consistently been above the national average in Texas, by as many as 3.8 per 100,000 drivers in some age groups. Seat belt use in Texas is generally above the national average, but this does not necessarily correlate to lower deaths and injury counts.
Fatal Truck Crashes
Last month, an elderly motorist was killed when her car struck the trailer of a big rig near Round Rock. The truck’s driver was attempting to turn around in a private drive, but the motorist could not stop her car in time and struck the trailer. She was killed at the scene. While the driver in this unfortunate event affirmatively attempted to stop the accident from occurring, it is still worth noting that car drivers should be especially wary when driving near large semi-trucks, and if you are in an accident with one, it may keep you safe.
Disproportionate Fatalities
As one might imagine, fatalities occur more often in accidents where trucks are involved than in accidents between two automobiles. U.S. law classifies any truck over 100,000 pounds as “large,” and as such, one can view the statistics on accidents involving such trucks separately from the others. In Texas alone, the most recent available data shows 22 fatal crashes in 2016 in Bexar County that involved commercial motor vehicles (CMVs) – but 26 fatalities resulting. Similar disparities are evident regarding incapacitating injuries, with 42 crashes recorded but 49 victims tabulated.
What Is Third-Party Auto Accident Liability?
Auto accidents happen, as one might expect, every hour of every day. The majority of them are two-car or single-vehicle accidents, involving individuals or families out and about, but sometimes they can have added wrinkles – namely, accidents can involve those acting within the scope of their own employment. If someone on the clock in Texas experiences an auto accident due to the negligence of another driver, they may obtain workers’ compensation from their employer in most cases. However, they may also bring suit against the driver who caused the accident.
Who and When to Sue
Most of the time, if an employee is injured on the job, they would file for workers’ compensation and seek payment of their medical bills in that manner. However, if someone else who is not affiliated with your employer causes the accident – for example, a private citizen losing control of their car – it would be against the public policy of the state of Texas to not permit the injured party to sue just because their employer might pay their relevant medical bills. An injured person may file for workers’ compensation and also pursue a third-party negligence lawsuit against the other driver in the crash.
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