Posted on January 25, 2017 in Uncategorized

Last month, an eight-year-old boy was killed in Brownwood, Texas, after being struck by a vehicle that fled the scene. The driver of the vehicle was later identified, arrested, and charged with intoxication manslaughter and failure to stop and render aid, both second-degree felonies. In addition to the criminal charges related to the child’s death, the hit-and-run driver may also face civil wrongful death charges from the boy’s family. He could be ordered to pay considerable damages to the boy’s parents.

If you lost a loved one in a car accident, you may be able to hold the at-fault driver responsible through a wrongful death lawsuit. You may have the right to bring a wrongful death suit whether or not the other driver was charged or convicted of a crime.

Texas Hit and Run Law

It is illegal in Texas to leave the scene of an accident. The Texas vehicle code requires that anyone involved in a collision that results in property damage, personal injuries, or death stop the vehicle, exchange information, and render reasonable assistance to those who are hurt, which may include calling an ambulance or taking the person to the hospital. If a driver is involved in an accident in which someone is possibly hurt and drives away from the scene before fulfilling their legal duties, then that driver can be charged with a third-degree felony. If a victim of the crash is killed, the hit and run driver will be charged with a second-degree felony, punishable by up to 20 years in prison.

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 Posted on January 19, 2017 in Uncategorized

A seven-year-old girl was killed in a car accident in Trinity County, Texas, in December. A van carrying school children was stopped on FM 1893 to pick up another child when the van was struck from behind by a Ford pickup truck driven by a 17-year-old girl. All of the children were properly buckled in, however, five children suffered some injuries and the seven-year-old passed away at the scene. She was the daughter of a Trinity County Deputy. The driver’s father told ABC 13 KTRK that his daughter was not distracted by a phone or the radio, but instead, the sun was in her eyes, blinding her right before the collision.

How Drivers Should Handle Driving into the Sun

There are times when the sun becomes a driver’s enemy instead of his or her friend. Whether sunlight is directly in a driver’s eyes or someone is trying to drive with intense sun glare on the road or snow, a driver needs to take precautions to avoid an accident like the one that took this little girl’s life. When drivers are heading into the sun or there is an intense glare, they should:

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 Posted on January 17, 2017 in Uncategorized

In early December, a truck carrying hydrochloric acid, a hazardous material (hazmat), crashed on Highway 225 in Pasadena, Texas. The 18-wheel rig was carrying 4,300 gallons of the acid and spilled approximately 100 gallons at the scene. Multiple lanes of traffic had to be shut down while hazmat crews cleaned up the area. While no one was injured in this accident or from the subsequent spill, not all hazmat carrier incidents have such a happy ending. For instance, a hazmat truck exploded in Maverick County in August, injuring four and killing one. The truck was carrying airbag components for Takata, a company that has come under intense scrutiny in recent years for its airbags exploding without warning and hurting vehicle drivers and passengers.

If you were injured in a crash with a truck carrying hazardous materials, do not hesitate to seek legal advice. Your road to physical and financial recovery may be long and you will need a dedicated Texas personal injury attorney by your side.

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 Posted on January 12, 2017 in Uncategorized

Drag racing can be dangerous even in a controlled and regulated setting, which is why it is illegal to do in the street. In November, one driver was killed at the Yello Belly Drag Strip, CBS DFW reported. The driver was racing his 1980s Thunderbird when his competitor lost control of his Mustang and caused a crash. He ultimately hit a tree and was ejected from the vehicle. His competitor also struck a tree and was taken to the hospital with minor injuries.

Drag racing is a risky sport, which is why Texas strictly prohibits unregulated street racing. Drivers who choose to race on public streets can easily lose control of their vehicles, causing accidents that lead to injuries and death. If you were in a car crash caused by someone speeding or racing, contact the personal injury attorneys at our law firm today for assistance with your case.

Texas Law Regarding Street Racing Can Support Your Negligence Claim

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 Posted on January 10, 2017 in Uncategorized

Recently, a three-year-old girl, who was not in a car seat or wearing a seat belt, was left behind on the floor of a crumpled vehicle after a serious crash. The girl was riding in the back of the vehicle driven by a 28-year-old man who lost control of the vehicle due to his speed, rear-ending one car and sideswiping another. He and another passenger, a 12-year-old boy, both told responders there were no other passengers in the vehicle.

The Odessa Fire Rescue, the Ector County Sheriff’s Office, and the Texas Department of Public Safety all responded to the scene and failed to notice the little girl on the floor of the vehicle. The little girl was found by a tow truck driver three hours later. She was immediately taken to the hospital, but family reports that she suffered bleeding in her brain and partial paralysis.

The injured girl’s situation is a clear reminder of the importance of children riding in the appropriate safety seat. Her injuries may have been prevented or mitigated had she been buckled into a car seat. Emergency personnel, who checked the child safety seat in the back of the vehicle, would also have found her quicker and been able to give her immediate medical attention. If your child was hurt because a babysitter or guardian did not properly buckle him or her into a car seat, you may have a personal injury claim against that adult.

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 Posted on January 05, 2017 in Uncategorized

Last November, at approximately 3 a.m., a driver fell asleep behind the wheel while driving on I10 West in El Paso, Texas. The driver’s vehicle veered off the highway, struck a metal pole, and then caught fire. He had two male passengers with him. One passenger died at the scene and the other was transported to a nearby hospital with life-threatening injuries. The driver sustained minor injuries.

Drowsy driving is incredibly dangerous and can lead to accidents like this one. If you were in a car accident caused by an overly tired driver who should not have been behind the wheel, contact an Austin personal injury attorney right away. Many victims of car accidents try to rely on insurance to cover their medical expenses and pain and suffering. However, an insurance settlement is not always the answer. You may need to seek recovery in court.

The Dangers of Drowsy Driving

Few people consider how tired they are when they drive. However, that is because people may not be aware of how dangerous it is to operate a vehicle while they are drowsy. Driving while overly tired can produce the same effects as drunk driving. Individuals become less focused, less able to recognize hazards in the road, and slower to respond when they see a problem. Overall, they are less able to safely operate the vehicle. Drowsy drivers are also highly likely to fall asleep behind the wheel no matter how loud they turn up the music or whether they roll down the windows for fresh air.

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 Posted on December 29, 2016 in Uncategorized

On Nov. 2nd, Texas actress and country artist Savannah Welch was struck by a vehicle while at a local Wimberley farmer’s market. The vehicle was attempting to leave the market when the driver may have confused the brake and gas pedals, ultimately running into a vendor area, hitting a van, and striking Welch and another individual. Due to the extent of her injuries, physicians had to amputate Welch’s right leg. Amputations following auto accidents are relatively common. In many situations, an individual’s limb may be too damaged to heal correctly and allow that individual adequate function and mobility in the future. In order to protect that person’s life and wellbeing, doctors will amputate the limb.

If you suffered a traumatic amputation because of a collision, you may have the right to bring a personal injury claim against the driver who caused the accident. For more information on filing a personal injury lawsuit in Texas, contact an attorney today.

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 Posted on December 27, 2016 in Uncategorized

In September, one Texas woman was in a minor car accident. Instead of her airbag protecting her, the defective equipment detonated, sending shrapnel into her car. Metal and plastic pieces struck the woman in the arms and chest, causing her serious injuries. The Texas woman is suing Honda and the U.S. subsidiary of Takata. Her lawsuit claims Takata knew the airbags used in her vehicle as well as many others were defective and dangerous. This is hardly the first Takata airbag-related injury. More than 150 people have sustained injuries and 11 Americans have died due to the defective safety equipment.

Takata Airbag Recalls

Honda is not the only vehicle manufacturer affected by defective Takata airbags. These airbags have been placed in a variety of models for 14 automakers. Manufacturers have recalled numerous vehicle models made between 2002 and 2015 because the airbags can explode, causing serious injuries or death to the vehicle’s occupants. The source of the issue is that these airbags use ammonium nitrate-based propellant without any drying agent. When the environment is humid or moist, the bag’s inflator, which is a metal cartridge, ruptures. That is why the explosion can include metal shrapnel that can lead to deep lacerations and eye injuries. Overall, more than 100 million vehicles around the world have been recalled, starting in late 2014.

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 Posted on December 23, 2016 in Uncategorized

Texas Rep. Tom Craddick, R-Midland, is attempting once again to get a statewide ban on cell phone use while driving through the state legislature. According to the representative, Texas is only one of four states that does not have a distracted driving law. Currently, Texas bans young drivers and bus drivers from using mobile phones while behind the wheel, and close to 100 cities have banned cell phone use while operating a vehicle at a municipal level. However, Craddick and others believe this is not enough to save lives and they want all texting while driving to be illegal.

Distracted Driving Crashes in Texas

Craddick may be right as 476 people were killed in crashes that involved distracted driving in 2015. This was a slight increase from the year before, according to the Texas Motor Vehicle Traffic Crash Facts. Additionally, 4,148 accidents in Austin last year were related to distracted driving, KXAN reported. This is despite the fact that Austin is one of the cities that bans hand-held devices through a local ordinance. In Austin, if you are found using a hand-held device you could be fined up to $500.

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 Posted on December 20, 2016 in Uncategorized

A MacArthur High School student was struck by a truck and killed outside of his school in late October. The student lived in an apartment complex close to the school and had to cross a busy five-lane road without a crosswalk to get to his class before 7 a.m., according to the Houston Chronicle. The student had crossed the first two lanes and was waiting in the turn lane for a break in traffic when he was struck by a truck driven by a 33-year-old woman taking another student to the school. Investigators believe the truck may have been traveling up to 40 mph at the time of the collision. This is the third fatality in a Houston-area school zone, the Chronicle reported.

Texas School Zone Laws

Local towns and municipalities have the authority to impose special driving laws for vehicles in school zones when children are present. These laws can significantly change the way a motorist drives. For example, a road that may normally have a 30 mph speed limit may have a 15 mph speed limit during school hours. Schools located on highways with speed limits of 55 mph or more may have a buffer zone with a speed limit of 35 mph before and after the actual school zone.

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