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Posted on in Car Wrecks

TX injury lawyerOn July 15, an unusual accident occurred in the 3500 block of I-35 in North Austin. A man was driving a sedan down the road when he collided abruptly with the back of a trailer. He later died of his injuries at Dell Seton Medical Center. While this appears to have been nothing more than a tragic accident, it is noteworthy because accidents like this do happen, and sometimes people are not liable - but sometimes the unusual nature of the accident does not insulate them from liability.

Negligence Cases and Criteria

Most of the time, when auto accident cases occur, they are brought under a theory of negligence law. In order to hold a defendant liable for negligence, four criteria must be established. You must show that a duty of care exists between motorists sharing the road. You must show that the defendant’s conduct breached that duty and that it was the direct cause of any harm that you suffered (you must also show that you did indeed suffer harm as a result of the defendant’s actions, as opposed to merely being shocked or scared).

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TX injury lawyerA 40-year-old woman was pronounced dead on arrival at University Hospital in San Antonio after being hit by a car on the night of July 12. While the driver who struck her did stop and render aid, the woman was unable to be revived. San Antonio police stated that no charges would be filed against the driver, but pedestrian accidents sometimes do wind up with charges being filed, especially if drivers leave the scene of the accident.

Texas Can Be Dangerous for Pedestrians

Because of issues such as Texas’ speed limits, pedestrians are more prone to be victims of accidents in Texas metro areas than in many other cities in the United States. Preliminary data from the Governors Highway Safety Administration (GHSA) for 2017 show that approximately 43 percent of all pedestrian deaths came from five states, of which Texas is one. Texas averaged 2.44 pedestrian deaths per 100,000 people, which is in the top 10 in the country.

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TX injury lawyerOne woman died after rolling her vehicle on Ralph Fair Rd in San Antonio, on the morning of July 23. Law enforcement reported that the woman was not wearing a seat belt at the time of the impact, and that speed had likely been a factor in the crash. These accidents are unfortunately all too common, especially on Texas roads, but if you are involved in one due to another person’s negligence, you may be eligible for compensation stemming from your injuries.

Statistics Show Fatalities Are Common

Because so much weight and metal is moving around, rollover accidents have the potential to cause significant injury and death. The numbers of such accidents are increasing; data from the National Highway Traffic Safety Administration (NHTSA) show almost a 10 percent increase in multi-vehicle rollovers from 2015-2016, as well as a 2 percent increase in single-vehicle rollovers. This can affect the overall death rate in auto accidents, as rollovers are much more likely to cause injury than many other types of crash. For example, the NHTSA’s safercar.gov website cites statistics showing that almost 35 percent of all auto accident deaths were in rollover accidents, even though rollovers were only approximately 2 percent of the total accidents on U.S. roads.

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TX injury lawyerOne man was killed and two others severely injured after a sedan lost control and wound up T-boned by a truck on July 9. The accident occurred on West Cesar Chavez Street, snarling traffic around the Lamar Bridge for hours. T-bone accidents are less common than other types, but when they do occur, they can cause serious long-term injuries or even death, for many varied reasons.

Statistics and Patterns

While no auto accident will ever be fully predictable, data does show certain trends. Around 18 percent of all fatal auto accidents involved a side-impact collision, the majority of those being impacts on the same side where the deceased person was sitting. While in general, crashes on the same side of the vehicle as a person is sitting on will cause them greater harm than would a crash on the opposite side (or the front or back), studies have shown that even with seatbelts, the risk of injury or death in a same side-impact crash is greater than in any other type of accident.

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TX injury lawyerOn the night of July 9, a man was crossing Potranco Road when he was struck in the crosswalk by a pickup truck, which then drove away without stopping to render aid. Such action is a crime in Texas, but it can also be grounds for a civil lawsuit, depending on the nature of the specific situation. If you have been the victim of a hit-and-run accident, you may be entitled to compensation for your medical bills, but obtaining it can be difficult without the right attorney.

Leaving the Scene of an Accident

Despite the law criminalizing the failure to stop and render aid (FSRA), many drivers who do this still wind up leaving the scene, for a variety of reasons, not least of all the fear of potential consequences. Others may be intoxicated or under the influence of another type of substance, or be in some other type of state that makes them unaware they struck a person at all (this is not a defense to a charge of FSRA, but it does occur). Regardless, many hit-and-run drivers are not found immediately, which can be a problem for the police and in some situations, may actually delay the victim’s ability to obtain medical care, if the accident occurs in a rural area.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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