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Posted on in Car Wrecks

Texas injury attorneyRM 620 in Steiner Ranch was the site of a serious crash on December 19, 2017, with three adults and three children injured when an SUV collided with a station wagon. While most of those affected will recover without complications, two of the injured were said to have life-threatening injuries. It is worth noting that two of those involved in this accident were minors, and if their injuries are actionable, their parents will have to file specific paperwork in order to help them bring suit, since anyone and everyone is, at least in theory, entitled to compensation if they are injured due to someone else’s negligence.

“Next Friend”

In every state, Texas included, minors generally do not have the ability to sue or be sued in civil court, though in many cases, a minor may be charged with a crime. Since a minor may not bring suit on their own behalf, they require what is called a next friend to do so for them. Most times this will wind up being the minor’s parent or parents, but in theory, anyone may stand as next friend provided that they agree to the criteria stipulated in the Texas Rule of Civil Procedure that grants next friend status (mostly agreeing to stand surety for any court costs and agree that their decisions are binding upon the court and the minor).

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Texas injury attorneyA U.S. Border Patrol agent and two other people died after an accident on Christmas Day 2017 in Uvalde, southwest of San Antonio. The accident occurred when a wild pig struck an SUV, causing it to swerve into oncoming traffic. The status of three other passengers in the vehicles is unknown as of this writing, but two of the casualties were pronounced dead at the scene, while the other passed in hospital some hours later. As one might imagine, there is no conceivable way to foresee such an accident, which can make any sort of wrongful death suit difficult to mount.

A Standard Texas Wrongful Death Suit

Wrongful death as defined in Texas law is when the “wrongful act, neglect, carelessness, unskillfulness, or default” of one person causes the death of someone else. There are technically two types of wrongful death action in Texas - a true wrongful death suit, which is brought on behalf of the spouse, children and/or parents of the deceased, and a survival action, which is an action for personal injury that the deceased would have been able to bring had they remained alive.

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Texas injury lawyerAustin-Travis County law enforcement and EMS were on the scene of an accident on Christmas Day evening when a car rolled over, injuring five. One person sustained life-threatening injuries, while one sustained critical injuries and the others were treated but expected to make a full recovery. It can be said that despite their injuries, the occupants of the vehicle got off lucky, as rollover accidents have the potential to be extremely deadly.

Statistics Show High Fatality Rate

Rollover crashes have notably higher rates of death and injury than other types of car accidents, mostly because there is simply more weight that is being involved in the crash. In other words, the entire weight of a vehicle in a rollover crash can be in play to harm the occupants, while the majority of a vehicle’s bulk, if it remains on the ground, will not be used against the passengers by gravity. Only 2.1 percent of the standard auto accidents in 2010 were rollovers, and yet almost 35 percent of recorded fatalities in that year came in rollover accidents.

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Texas injury attorneyWhen a car accident occurs, most of the time, the blame is laid at the door of one or more drivers involved. However, in some situations, there may be another entity that might bear some of the liability for injuries sustained in such a crash: the local, state or even federal government. While it is not always possible, there are many occasions when a governmental entity may be found liable or partially liable if you are injured in an auto accident. Understanding the big picture may help you decide whether or not to include such an entity in any lawsuit you bring.

Can I Even Sue?

The first question one must ask in this type of lawsuit is to determine which specific entity maintains the road where you had your accident. Roads in Texas are maintained by a host of different municipalities and government agencies, and as one might imagine, it is imperative to ensure that the right agency is the object of your suit. Sometimes, agencies will even share maintenance duties (for example, one might fill potholes, while another might be responsible for signage).

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Texas injury lawyerA recent Thursday was the scene of some chaos as a big rig flipped onto its side on the Finesilver Curve ramp in downtown San Antonio, right in the middle of workday traffic. While no injuries were reported, it serves as a reminder that truck accidents can and do happen anywhere, even on busy stretches of urban highway.

Truck Accidents Are Often Fatal

Statistics from the Federal Motor Carrier Safety Association (FMCSA) show that over the last two decades, both crash rates and fatalities have dropped in terms of overall numbers, but from 2014 to 2015 (the most recent available data), there was a very small rise in numbers across the board - fatal crashes involving large trucks, the number of fatalities, and the rate of truck involvement per 100 million miles driven all rose, but only by approximately 1-2 percent each. Still, such data shows that if nothing else, the fatality rate is not decreasing, even as tech is developed and more stringent regulations are enacted to help trim it down.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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