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Texas accident lawyerMost of the time, auto accidents occur due to human error. However, in a minority of cases, a mechanical problem or other internal issue with a vehicle can also play a role. These cases become more complex than a simple auto accident - if it can be proven that a part or parts of the vehicle were defective, you may be able to win compensation from multiple defendants, depending on the facts in your case.

Texas Product Liability Law

Perhaps the most important thing to keep in mind regarding product liability law in Texas is that it is a strict liability offense. This means that unlike in a standard personal injury case, negligence on the part of the defendant does not have to be established - if it can be shown that the defendant’s product (that they manufactured or, in some cases, sold) had a defect, and the defect had a part in causing the accident, they will be held liable for injuries suffered by the plaintiff. This does not mean that the plaintiff somehow has an easier mission; the standard of proof to establish strict liability is fairly specific and stringent.

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Texas accident lawyerA motorcyclist was left in critical condition after being hit by a car on March 19 in South Austin. While no definitive cause has been stated for the accident, the scene indicated that the driver did not see the motorcyclist coming and struck him from the side. As of this writing no charges have been filed, but it is important to remember that all drivers should be especially alert for motorcyclists on Texas roads, with a failure to do so having serious consequences.

Motorcycle Accidents Happen Frequently

Texas is a state that loves its motorcycles, and with a higher number of riders comes a higher number of accidents. Data from the Texas Department of Transportation shows nearly 500 motorcyclists killed in 2015, while only California and Florida had comparable numbers in that year - the next highest number was almost 300 fewer, in South Carolina. While laws about helmet use and other safety measures may affect fatality numbers, issues such as visibility or speed do not have such easy fixes as others.

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Texas accident lawyerThe North Pine Street Bridge across I-35 was the scene of a pedestrian accident on March 13, 2018, leaving one man dead and one driver possibly facing criminal charges. The man was struck around 5am, dying on the scene. The driver skidded into a ditch along the road after hitting the man, and while as of this writing no criminal charges have been filed, San Antonio police have not yet ruled out the possibility.

More Common Than Believed

I-35 is among the busiest and fastest-traveled highways in the state of Texas, and pedestrians are often struck when attempting to cross it at points other than bridges or crosswalks. A report from Smart Growth America ranks San Antonio as one of the top 20 most dangerous metro areas for pedestrians, with only Houston ranking higher in Texas. One might assume that more pedestrian accidents would occur on country roads, with poorer visibility, but a higher proportion of fatal accidents occur on city streets.

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Texas accident lawyerThe morning of March 15 saw lane closures on Loop 1604, as a man in his 30s was killed when he ran his car into a concrete barrier, going the wrong way. While no information has been released, as of this writing, that sheds light on the driver’s personal information or reason for the crash, it is worth noting that wrong-way accidents are common in San Antonio, and can strike when one least expects.

A Lack of Research

Despite the amount of wrong-way accidents that occur, research done by the Texas Transportation Institute shows a surprising lack of research and data on the matter. The most recent comprehensive investigation of these trends dates back to 2004, and while the data is still illuminating, it must be taken with a proverbial grain of salt. Still, certain patterns can be identified, including the most common origin of wrong-way collisions (freeway ramps, most notably those which are not well labeled), and the frequency of substance abuse (between 50 and 75 percent of drivers involved had been either drinking or using illicit substances).

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Texas injury lawyerOn March 8, a big rig hauling a load of liquid nitrogen caught on fire near Parmer Lane, shutting down SH 130 in Travis County and causing the evacuation of a half-mile area due to risk of the truck exploding. While no casualties have been reported, many could have resulted; the truck’s cab was engulfed, and pedestrians or passing cars could have been struck by the big rig or parts of the trailer burned away. Thankfully, these outcomes were averted, but next time they might not be.

Whose Negligence?

When a truck gets into an accident, there are more people to whom negligence might be imputed than there are with most automobiles. If a car causes an accident, the only person that usually winds up on the proverbial hook is the driver. If a big rig is involved in an accident, the trucker might be sued, but more often, the trucker’s employer and/or mechanic might also be involved, depending on the facts of the case. There are simply more moving parts on a big rig that have a chance of malfunctioning or being maintained in an inappropriate manner.

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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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