Recent Blog Posts
Bicyclists Are at Risk of Severe Injuries in Texas Car Wrecks
Each year in Texas, around 2,500 bicyclists are involved in accidents with motor vehicles. Hundreds of these crashes result in serious injuries, with many proving to be fatal. Just this month in Bexar County, a bicyclist was fatally injured by a driver who police say was traveling at a high speed, and who has since been charged with intoxication manslaughter. If you or a loved one is injured in a bike crash, you should understand your rights to recover compensation.
What Causes Texas Bike Accidents?
In many cases, an accident involving a car and a bicycle is the fault of the driver of the motor vehicle, due to their negligence in upholding a duty of care to others on the road. Driver negligence in a bike accident can take many different forms, including:
- Failing to yield the right of way – According to Texas law, bicyclists have the same rights and obligations as drivers of motor vehicles. As such, the rules regarding right of way are the same for bicycles and cars alike. When a driver fails to appropriately yield the right of way to a bicyclist at an intersection, a collision can occur.
Can a Bar Be Liable for a Drunk Driving Accident in Texas?
If you are injured in a car crash with a drunk driver, you may assume that the driver bears full responsibility for their intoxication and the resulting damages. However, according to Texas law, bars, restaurants, and other businesses that serve alcoholic beverages have a responsibility to do so safely. Under certain circumstances, if a business fails to uphold this responsibility, they can be found partially liable in a personal injury case involving a driver that the business served.
Texas Dram Shop Laws
Legal statutes addressing a business’s liability for damages related to alcohol intoxication are commonly referred to as “dram shop” laws. In Texas, such laws apply in two kinds of circumstances. The first is when an individual or business with an alcohol license or permit overserves a customer. In order for the business to be liable in this case, there must be evidence that the server knew that the person being served was already intoxicated to the point of posing a danger to self and others and that alcohol intoxication was the cause of the damages for which compensation is being sought.
Collision Between Car and Train in Austin Leaves One Person Injured
According to recent statistics from the Federal Railroad Administration, Texas leads the United States in railroad crossing collisions, with more than 180 in 2020. From those collisions, 67 people suffered injuries and 11 people were killed. Train crashes continue to be a regular occurrence, with a collision in March between a MetroRail train and a passenger car in Austin serving as just one prominent example. Injury victims in train-vehicle collisions may suffer severe damages, and they are often eligible for compensation through a personal injury claim.
Texas Train Accident Negligence
Train accidents can happen for a variety of reasons, with some of the most common cases involving a train derailing due to operator error or obstructions or defects on the railroad tracks. In such cases, injured train passengers often have a claim for compensation from a negligent operator or the company responsible for employing the operator or maintaining the train or tracks.
Exoskeleton Device Helps Texas Car Accident Victim Walk
If you have suffered a spinal cord injury in a car crash, your mobility may never be the same as it was before the accident. However, medical technology is constantly evolving to better meet the needs of injury victims. In fact, a Texas teenager who was paralyzed in an accident in February has been able to regain substantial mobility thanks to treatment at San Antonio’s University Hospital and a robotic device called an Exoskeleton. Such technology may be able to help you or your loved one as well, and a personal injury claim against an at-fault driver can help you cover any associated expenses.
Advances in Technology for Spinal Cord Injury Victims
Damage to a person’s spinal cord can cause partial or total paralysis from the waist down. Unfortunately, there are no reliable means of repairing spinal cord damage and reversing these effects. Rather, treatment and rehabilitation for spinal cord injuries typically focus on helping a person maintain as much mobility as possible within the limitations of the injury.
Who Is Liable for a Crash When a Car Pulls Into Traffic?
Within the past several days, there have been several serious car accidents in the San Antonio area involving drivers pulling out into the path of oncoming traffic. Such situations often result in T-bone collisions that can have severe consequences, including catastrophic injury and death, depending on the speed at which the vehicles were traveling and other factors. It can also be complicated to determine who is at fault for a crash of this nature, which can complicate personal injury claims.
Where Do These Accidents Occur?
A vehicle pulling out into traffic can happen under a variety of circumstances. It could occur at an intersection with a traffic light, for example, when a driver attempts a right turn on a red light while traffic is approaching from their left, or when a driver fails to acknowledge a red light at all. However, these accidents tend to be more common at intersections that are not so well regulated. One common example is an intersection at which drivers in one direction have a stop sign, but traffic in the other direction is not required to stop. Accidents are also common at intersections where there is no traffic sign or signal at all, such as a driveway, alley, or parking lot exit that intersects with a busy road. In some cases, visual obstructions like buildings or landscaping can make it difficult for a driver to see oncoming traffic, thereby contributing to a crash.
Texas House Bill Could Affect Trucking Company Injury Liability
Truck wrecks are a serious problem in Texas. In 2019, the state led the country in fatal accidents involving commercial trucks, with 543 crashes resulting in 613 deaths, and thousands more Texans suffered truck wreck injuries of varying severity. Truck accident injury victims have the right to pursue compensation from both negligent truck drivers and the companies that employ them. However, a bill under consideration in the Texas House of Representatives could make doing so more difficult.
Trucking Company Liability in Texas
Often, when a commercial semi-truck is in an accident resulting in injuries, fault does not lie entirely with the truck’s driver. While a driver could be considered negligent by way of behaviors such as distracted driving, drunk driving, or driver fatigue, the driver’s employer can also be considered negligent for contributing to the circumstances leading to the crash. Common situations that may involve trucking company liability include:
Understanding Different Types of Damages in Texas Personal Injury Cases
Injuries from car crashes and other accidents often have a major impact on all areas of a person’s life, including their finances, their physical and mental health, their work, and their personal relationships. Texas law recognizes the many hardships that injuries can bring, and when those injuries are caused by another person’s negligence, victims can pursue compensation for a range of damages. While money cannot reverse all of the effects of injuries, it is often the best way for an injury victim to obtain the relief they need to move forward with their life.
What Damages Can an Injury Victim Pursue in Texas?
In Texas, damages available through a personal injury claim generally fall into three categories. Two of those, economic and noneconomic damages, are often referred to together as compensatory damages, and they are quite commonly awarded. The third category, known as exemplary damages, is less common, as it requires a higher standard of proof. As you prepare to file an injury claim, here is what you should know about each category:
What Are the Effects of Spinal Cord Injuries in a Texas Car Accident?
Each year in Texas, around 15,000 people suffer serious, incapacitating injuries in car accidents, leaving them temporarily or permanently unable to walk or perform other activities as they did before the crash. Some of the most severe incapacitating injuries involve damage to the victim’s spinal cord. If you have suffered a spinal cord injury due to another driver’s negligence, you may be entitled to substantial compensation.
Physical Limitations From Spinal Cord Injuries
In a car crash, spinal cord injuries are most likely to happen due to the crushing force of the collision between vehicles, or subsequent impacts when a vehicle enters a rollover or a driver or passenger is ejected from the vehicle. Because the spinal cord contains nerves that control a wide range of bodily functions, damage to the spinal cord can have far-reaching physical effects. These include:
How Does Seat Belt Use Affect a Texas Personal Injury Case?
Properly wearing a seat belt is one of the most important things that drivers and passengers can do to protect themselves from serious injuries in the event of a car crash. Vehicle occupants who are not securely restrained are more likely to suffer injuries in a secondary collision, meaning an impact that occurs after the initial collision with another vehicle. This includes injuries from colliding with parts of the vehicle in which the person is traveling, as well as objects outside of the vehicle after being ejected.
You may be aware of the increased injury risks associated with not wearing a seatbelt, but it may not be as clear that it can also result in legal consequences, including an impact on the compensation you can recover if you are injured in a crash with another driver. It is important to understand Texas law regarding seat belt use and to work with an attorney who can advise you regarding its impact on your case.
Can a Passenger Cause a Texas Car Accident?
In most cases, the driver of a vehicle bears full responsibility for operating the vehicle safely and upholding their duty of care to other people on the road, and in the event of an accident, a negligent driver is often liable for any resulting injuries. However, sometimes a driver is influenced by the behavior of a passenger to the extent that there is a question of whether the passenger may be partially or even fully liable. In San Antonio, a recent accident, in which a fighting driver and passenger collided with a police car, illustrates the possible complexities of driver and passenger contributions to a crash. If you have been injured in a car wreck and you believe a passenger may have contributed, it can affect your options for recovering compensation.
Passengers and Distracted Driving
According to a 2018 report from the National Highway Traffic Safety Administration (NHTSA), passengers are a significant source of distracted driving, which may result in the driver causing an accident. Passenger distractions could be as simple as a conversation that removes the driver’s focus from the road, or the behavior of children in the back seat that requires the driver’s attention.