Recently, a three-way crash happened at Interstate 37 and Pecan Valley Drive after one driver drove the wrong way down the northbound lanes. The wrong-way driver was hospitalized in serious condition, while the other drivers were treated by EMS at the scene. It may seem rare, but accidents involving wrong-way drivers do happen, and they are statistically more likely to cause serious injury than most other types of accidents. If you have been injured by a wrong-way driver, enlisting a dedicated attorney to help you try and recover damages is crucial.
Wrong-Way Crashes Are Deadly
The National Transportation Safety Board (NTSB) estimates that wrong-way crashes only comprise around 3 percent of accidents on divided highways (though more do happen on roads with no median), though studies estimate they cause far more injuries and fatalities. Casualty rates for wrong-way accidents have been estimated to be between 12 and 27 times higher than for other types, and one Michigan study found the fatality rate for wrong-way crashes to be around 22 percent, versus a rate of 0.3 percent for all other types of auto accidents in the same time frame.
There are several different reasons for someone driving the wrong way, and many of them involve them being in a compromised state. Examples include substance use (alcohol or drugs), drowsy or distracted driving, and physical or mental conditions such as epilepsy. Other possible causes include being unfamiliar with the roads, or not seeing signs or other indications as to the flow of traffic such as lights. If you are involved in a wrong-way crash and you have been injured due to another person’s negligence, you can use this to try and recover for the harm you have suffered.
If you have been the victim of a wrong-way driver, you may have serious injuries, and be racking up significant medical bills. Normally, automobile accidents are brought under a theory of negligence law, and it is possible to sue under that theory in a wrong-way crash case. You must be able to establish that the other driver breached their duty to exercise reasonable care toward other motorists and that their actions were the direct cause of the harm you suffered.
Keep in mind that Texas honors a doctrine called comparative fault, which means that if a plaintiff is ruled to have been more than 50 percent responsible for his own injuries, they cannot recover. The rationale is that no one should recover for injuries that they might have caused themselves. If you recover, but are deemed to have been partially responsible, you will then recover that amount minus your percentage of fault. For example, if you are held 20 percent at fault for your own injuries, you would receive a jury award minus 20 percent.
Contact a New Braunfels Auto Accident Lawyer
While no word exists on the status of any of the drivers in the Interstate 37 accident as of yet, it is important for you to understand your options, should you be unfortunate enough to be struck by a wrong-way driver. The potential for injury is high, and if you have been hurt, the skilled New Braunfels wrong-way accident lawyers at the Bettersworth Law Firm can help you seek the compensation you deserve. Call our office today at 888-392-0039 for a free consultation.