Recently, a two-car crash in the 600 block of North Business in New Braunfels killed one man and sent a couple and their four children to the hospital with “non-life-threatening” injuries. Law enforcement found that a Ford Focus was struck by the family’s Ford Transit 350 van after the Focus went over the road’s median and into the van’s path. The Focus driver was killed on impact, but the parents and their four children were only injured. It can be difficult to determine how best to proceed if you have been injured in an auto accident, especially if the person who caused your injuries is deceased. It is possible, though, and having an experienced attorney on your side can help make the process seem less intimidating.
Stats and Causes Vary
Because of Texas’ high population and high-speed limits (among other factors), the state posts high collision numbers every year. In 2019, almost 13,000 serious injury crashes occurred, with approximately 15,800 people sustaining a serious injury; this is a slight drop from the previous year, where only about 12,100 accidents occurred, with 14,900 individuals injured seriously. There was also a decrease in traffic fatalities from the previous year by about one percent. Still, a staggering 256,000 people were injured, overall, in Texas traffic crashes. Any type of drop-in injury and fatality statistics is a good thing, but it must be said nonetheless that Texas roads can be quite dangerous.
Auto accidents can be caused by any number of events, but some appear more often than others. The driver of the Ford Focus on North Business was found to have been speeding when he lost control of his car, and speeding is one of the most common causes of accidents in Texas. Others include failure to yield, operating your vehicle under the influence of drugs or alcohol, and distracted driving. If you can establish that any of these were happening at the time of your crash, you may have a case to argue negligence.
If you have been injured by an allegedly negligent driver, you may be able to file suit against them to try and recover for the damages you have sustained. Texas law allows you to recover for both tangible and intangible damages, provided that you can establish negligence on the part of the defendant. Texas requires that you establish three things in auto accident cases in order to prevail in court: (1) that the defendant had a duty to exercise reasonable care toward the plaintiff; (2) that they failed in their duty; (3) that that failure was the direct cause of your injuries, with no other intervening cause.
Be advised that you may wind up judged partially responsible for your own injuries. If this happens, know that you should still be able to recover as long as your percentage of fault is deemed to be less than 50 percent. If you are ruled, say, 30 percent liable for your own injuries, you might still be able to recover 70 percent of your damages if the court believes it is appropriate. This is true even if you are filing suit against the estate of a deceased person; the issue is still the alleged negligence of the deceased plaintiff.
Call a New Braunfels Auto Accident Lawyer
Auto accidents can cause life-changing injuries and trauma. If you have been injured in a car crash due to someone else’s negligence, the skilled New Braunfels car crash attorneys at the Bettersworth Law Firm are ready to try and assist you. Call our offices today at 888-392-0039 to schedule a free consultation.