Posted on October 05, 2017 in Uncategorized

Learning that someone was injured in a preventable automobile accident is bad. Learning that a helpless child was injured in a preventable auto accident only exacerbates the feelings of agony and frustration. Take, for example, a car crash that occurred at the Primrose School of Frisco, which is in a suburb of Dallas. The driver of a vehicle reportedly hopped a curb and crashed into a fence at the daycare center which feel on the children.

Reports indicate that five children and one adult were harmed. In fact, one child is listed in critical condition. Two children were transported to a Dallas hospital by helicopter.

Recoverable Damages in a Child Injury Case

When adults are involved in a car accident, trucking accident, boat accident, etc. the main forms of recoverable monetary compensation in a personal injury claim includes medical bills, lost wages, and pain and suffering. However, when a minor child is injured, the recoverable damages change somewhat. For example, lost wages generally do not apply since minor children do not work and earn income. However, if your child suffers a catastrophic injury to the point that they are totally disabled, it may be possible to obtain compensation for wages your child would have earned, were it not for the severe injuries they suffered in the collision. Though, supplying sufficient evidence that your child was destined for a particular career path can be challenging, so this option depends on the specific facts of your case.

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 Posted on September 28, 2017 in Uncategorized

On September 28, a trial began in Round Rock, where the defendant faces charges related to the unintentional death of a man whose motorcycle he hit while driving under the influence of alcohol in late 2015. While driving while intoxicated is never something that a person should do, it is worth noting that had the victim been in an automobile instead of on a motorcycle, he might have survived the impact. Many motorcyclists in Texas are unaware of just how significant the risks of motorcycling can be, and this case can show some of them.

Stats Show High Motorcyclist Death Rate in Accidents

If one examines Texas Department of Transportation data, one can see there were approximately 495 motorcyclist and passenger fatalities in 2016 on Texas roads. Approximately 53 percent of those killed were not wearing helmets, but even those who were sustained significant injury – in other words, the helmet was sadly not relevant to the accidents in which these lives were lost. The National Highway Traffic Safety Administration (NHTSA) data from the past five years show that per vehicle mile traveled, motorcyclists are 26 times more likely to die in any given crash than an automobile driver or passenger. There are numerous reasons for this.

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 Posted on September 26, 2017 in Uncategorized

In late September 2017, a pedestrian was struck as he crossed 36th Street in San Antonio, sustaining injuries that put him in critical condition. The driver did stop to provide assistance, and no charges were filed in the accident, but it is worth noting, if only because such stories are depressingly common in San Antonio. Besides the obvious precautions a pedestrian would normally take, though, it can be difficult to avoid accidents, and it can be difficult to obtain compensation if you are injured.

Statistics Show Increases

The most recent available statistical data for Texas pedestrian fatalities show increases over time, and quite significant ones – from 2014 to 2015, the number jumped approximately 14 percent, up to 558 deaths in one year. This is among the highest in the nation for that time frame, and while some of the high numbers may necessarily be explained by just how many people live in Texas, some can only be explained by less care being taken on both drivers’ and pedestrians’ part.

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 Posted on September 21, 2017 in Uncategorized

Anyone who has ever passed through rural Texas is well aware of the phenomenon colloquially called highway hypnosis. It occurs most often on two-lane highways with very little present to distract the eye, allowing a driver to sink into a mild trance or stupor. This can, as one might imagine, cause severe accidents, and in some cases, the driver of a truck or car who succumbs to highway hypnosis can be held liable for negligence.

Often Discounted as a Cause

With the common occurrence of DUIs and distracted driving, it can seem strange or premature to ascribe an accident to highway hypnosis. Too often it gets folded into drowsy driving, which is not quite accurate; a driver is not often drowsy when this phenomenon occurs. They are in essence lulled into a trance by the relatively unchanging landscape through which they may be driving. Despite this, it is worth considering, especially if you or the other driver or drivers cannot remember the events of your accident very well, that highway hypnosis might have played a role. This is especially true if no substance abuse is indicated, no foul weather was present and investigators are otherwise at a loss.

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 Posted on September 19, 2017 in Uncategorized

On September 12, a 60-year old Austin man was killed when his pickup rolled into the center barrier on I-35 while en route to Waco. Witnesses reported the truck had been drifting and the driver over-corrected. The driver died at the scene, though no other injuries were reported, which is quite unusual for a rollover accident. It is sadly common for rollover accidents to result in severe injuries and death to more than just the driver of the rolled car.

One of the Most Severe Types of Accidents

Rollovers are more likely to be deadly to those inside the car than any other type of auto accident. Consumer Reports cites statistics that only approximately 3 percent of all car accidents are rollovers, but as many as 30 percent of passenger deaths are attributable to them. One can simply examine the physics – the most likely vehicles to roll over are tall and narrow, which gives them a higher center of gravity. The average car is built quite low to the ground, but a pickup truck, sport utility vehicle (SUV) or transit van, for example, will be taller and thinner.

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 Posted on September 14, 2017 in Uncategorized

The sheer size of the state of Texas means that the automobile accident rate will always be quite high – in 2016, approximately 3700 fatalities were registered as a direct result of car accidents, a rise of approximately 5.5 percent from the previous year. With a variety of accidents and accident types come a variety of injuries, largely based on the type of accident (rear-end, head-on, and so on). Some traumas are more common than others and are more likely to be taken seriously by a judge or jury if you decide to bring suit against the other driver.

Brain Injuries – Especially in head-on and rear-end collisions, the potential for a traumatic brain injury (TBI) is very real. TBIs can run the proverbial gamut, from concussions to permanent brain damage. Generally, if your car is struck from behind or head-on, it can make the neck snap backward or forward, causing soft tissue trauma, but also allowing a passenger or driver to strike their head on the windshield or dashboard. The Centers for Disease Control and Prevention (CDC) named car accident injuries as the third most common cause of traumatic brain injury in its most recent available data.

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 Posted on September 12, 2017 in Uncategorized

In mid-August, two trucks collided on I-35, headed toward Austin, clogging up the frontage road. A dump truck and an 18-wheeler had parts of I-35 blocked off for some time, though no one was injured. While no civil or criminal charges have been brought in this specific incident, it does raise interesting questions, not least of all that the unique nature of trucking as a profession lends itself to negligence cases that are not particularly open and shut. Truckers may participate in behaviors that car drivers can engage in with little consequence, because of the size and the stability (or lack thereof) of their vehicles.

Overwork Is a Factor in Negligence

One very common cause of trucking accidents is driver fatigue, and fatigue is caused almost exclusively by overwork in the industry. There has been a long-standing shortage of drivers, going back some years, with no indication that the trend will reverse itself. In addition, new federal regulations have been passed in the last five years which impose new burdens on truckers and trucking companies – for example, the implementation of an electronic logging device requirement, and changes to limits for hours permitted per driver.

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 Posted on September 07, 2017 in Uncategorized

On September 1, a long-awaited texting and driving ban became law in Texas, after being proposed three times before and being vetoed or dying in committee each time. Texas had been one of only four states without a texting and driving ban of any kind, but after several high-profile accidents, including a March collision between a texting driver and a bus full of elderly people, lawmakers pushed it through. While most people are pleased due to the decreased likelihood of dangerous accidents, others are confused and want to ensure they do not accidentally fall foul of the new law.

Statistics and Caveats

This bill is seen as a win, albeit a partial win, for ban advocates. The most recent available data shows approximately 110,000 automobile crashes in Texas during 2016 that involved distracted driving, with texting & driving being arguably the most common root cause of that distraction. Over 3,500 serious injuries and fatalities resulted from those crashes, of which the highest percentage was aged 16-34. Groups like Mothers Against Drunk Driving (MADD) and StopDistractions.org were active in the fight to get the bill passed, arguing that such a rate was simply too high, especially for young people.

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 Posted on September 05, 2017 in Uncategorized

In early September, two people were injured when a private helicopter lost power while trying to land at Burnet Municipal Airport, just north of Austin. While no one in the craft was seriously injured, motorists on US 281 were understandably shocked and alarmed, as the helicopter crash-landed onto the lanes of the highway. While aircraft crashes are thankfully rare, it does beg the question of how foreseeable either might be, and whether it would affect a passenger’s ability to bring suit.

Accidents and Negligence

Whatever conveyance you may be riding in, there are certain obligations that both passengers and drivers must abide by while out on public roads or in public airspace. There is an implied duty of care owed to drivers by other drivers on the road; the breach of that duty can give rise to a negligence claim. This would also apply to aircraft or watercraft; for example, two boats sharing a waterway must exercise due care, lest something go wrong. These duties originate in common law, which means that they are not necessarily in any statute, but rather are passed down via past judicial precedent.

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 Posted on August 31, 2017 in Uncategorized

In most accidents involving 18-wheeler trucks, a rear end collision can easily prove fatal to any passenger, simply because many commercial cars and trucks lack any substantial trunk or back end that can absorb a fearsome impact. However, an accident on I-35 near Pearsall, south of San Antonio, shows that multiple trucks colliding can be just as bad if not worse. On August 3, 2017, three or four semi trucks (accounts vary) came together in a chain rear-end collision as debris on the road required a sudden traffic slowdown. One driver was killed, and the others were transported to the nearest hospital with non-life-threatening injuries.

Even Truckers Must Be Careful

What accidents like this show us is that even truckers must exercise due care at all time, despite the stereotype that nothing can injure the driver of a semi-truck. Rear-end collisions, in particular, do not discriminate; any impact from the rear that is strong enough to be felt (and strong enough to cause a semi truck to jackknife or drift out of its lane) will leave significant marks on drivers and passengers. The most common injury sustained in rear-end collisions is whiplash, which can cause significant soft tissue damage that lasts.

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