Recently, two vans crashed near the intersection of SW Military Highway and I-35, after an alleged drunk driver crashed his Mazda transport van into a Dodge minivan carrying five people after driving the wrong way down the highway. Two adults, including the alleged drunk driver, and a three-year-old child were taken to University Hospital, with the adults in “serious” condition and the child receiving “minor injuries.” Law enforcement states that the Mazda driver will almost certainly be charged with intoxication assault, and in addition to the criminal charges, the family of the adult and child could easily file suit against the drunk driver for the injuries that their loved ones have suffered.
The driver of the Mazda was allegedly driving while intoxicated, sending his vehicle down the wrong side of SW Military Highway before it struck the Dodge minivan. This tracks with nationwide statistics about wrong-way drivers – the National Transportation Safety Board (NTSB)’s analysis of data from the Fatality Analysis Reporting System (FARS) shows that approximately 60 percent of all those wrong-way drivers had at least some alcohol in their systems at the time of their accidents. In addition, the majority of wrong-way drivers also tend to be male (though women are represented to a degree in statistics) and on the younger side.
Wrong-way accidents are among the most dangerous, making up a disproportionately high fatality rate (between 12 and 27 percent higher than other types of crashes, depending on the studies one reads). Between the sheer force of what is often a head-on collision, plus the fact that alcohol is frequently involved, fatalities are far more common than one might expect, and even if someone survives a wrong-way crash, their injuries can be extensive. Your bills, or the bills for an injured loved one, can seriously affect your family’s livelihood, and it is important to know that you have options to try and seek compensation.
How to Bring Suit
If you have been the victim of a wrong-way lawsuit, your injuries will no doubt be extensive, and you may require care for a long period of time, or even for the rest of your life. It can be overwhelming to anticipate such a thing, but if you believe that someone else was directly responsible for your injuries, you may be able to seek monetary damages from them in civil court. There are quite a few different legal theories that someone may use to seek civil damages, but perhaps the most commonly seen are (1) standard negligence and (2) product liability.
Product liability is the type of accident in which an injured plaintiff tries to show that there was a defective part in your vehicle (or the vehicle itself was defective) and it contributed materially to your accident. There are several components to a product liability claim, which can make it difficult to successfully file suit alone. Standard negligence cases require establishing that the defendant owed a duty to exercise reasonable care in their actions, and then showing that they breached that duty by acting in an “unreasonable” way. Both types of suits can be successful, depending on your specific situation.
Call a New Braunfels Auto Accident Attorney
While there is no word currently on whether any of those injured in the Military Hwy accident will fully recover, it is worth noting that if they do, they will have triumphed over some difficult odds. Wrong-way accidents can and do kill, and if you have been injured or lost a loved one due to another person’s negligence, you have the right to seek compensation. The dedicated New Braunfels auto accident lawyers at the Bettersworth Law Firm can sit down with you and try to help answer any questions you may have. Contact us today at 888-392-0039 for a free consultation.