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Posted on in Car Wrecks

TX rollover accident lawyerRecently, a San Antonio police officer was injured in a rollover crash that took place on I-10 West near Callaghan Road, having struck the guard barrels dividing lanes on the interstate. Officer Noel Ortiz managed to escape the crash with only minor scratches and bruises, but most of the time, if you are involved in a rollover accident, you may not be so lucky, as they can be very deadly. Contacting a dedicated auto accident lawyer can help you sort out what to do to seek compensation.

High Percentage of Fatalities

While any automobile accident can be potentially dangerous, rollover accidents routinely cause a higher percentage of fatalities because of the sheer amount of weight, glass and metal involved - if someone is involved in, say, a head-on collision, they will not have to contend with the inversion of their vehicle or the subsequent total loss of control. The National Highway Traffic Safety Administration (NHTSA) estimates that roughly two percent of all car crashes are rollovers, but nearly 35 percent of all traffic fatalities in passenger vehicle crashes occur in rollovers.

There are numerous causes for this, including the usual factors that can contribute to any accident - speeding and substance abuse chief among them. In addition, the vehicle type can be a factor (for example, vans or sport utility vehicles are notorious for tipping over due to their higher center of gravity), as well as location - more rollover accidents in Texas occur in rural areas, both due to higher speed limits in may locales and due to more routine driving opportunities (rollovers are almost more common in routine driving, given that drivers can get distracted or ‘zone out’ more easily).

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Posted on in Car Wrecks

TX bike accident lawyerRecently, a bicyclist was struck by a car near the intersection of Ben White Boulevard and Interstate Highway 35, sustaining “critical, life-threatening injuries” that later caused his passing in a nearby hospital. While law enforcement did not disclose details of the accident, implying that no criminal charges are pending for the driver, the possibility of a wrongful death lawsuit may still be on the proverbial table. A civil wrongful death suit will not, obviously, bring back a lost loved one, but it can help provide some financial stability while you and your family try to get back on your feet if you experience this type of tragic event.

Filing Suit

Not every death is wrongful, even if it occurs in an accident. Sometimes they simply happen, unfair as it may seem. However, if you believe that your loved one’s death occurred due to someone else’s careless or negligent conduct, filing a wrongful death lawsuit in civil court can be a way to try and at least get some closure. Texas law holds that a person can be found liable for someone’s passing, and the damages incurred from it if the death happened due to that person’s (or their agent’s) “wrongful act, neglect, carelessness, unskillfulness, or default.”

Be advised that only certain members of the decedent’s family, or the personal representative of their estate in some situations, may file a wrongful death suit in Texas. Generally, spouses, parents, and children by blood or completed adoption are the only survivors who are able to file - others like siblings or cousins are considered, rightly or wrongly, to have too remote a relationship to the deceased to be affected enough to warrant a filing.

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Posted on in Truck Wrecks

TX accident lawyerRecently, a semi-truck overturned on I-10 near Culebra Road, spilling its cargo of wooden boards out onto the roadway. Law enforcement closed several lanes of I-10 at I-35, ensuring that no one had the opportunity to drive over the cargo while the accident - and the boards - were cleared. While as of this writing, no one appears to have been injured in this accident, it is important to be aware that accidents happen due to improperly secured or loose cargo with regularity. If you are unfortunate enough to be injured in this type of accident, it can be difficult to determine how best to proceed.

Stakes Are High

Accidents involving road debris are much more common than one might think. A 2016 study from AAA’s Foundation For Traffic Safety estimates that approximately 200,000 accidents occurred between 2011-2014 where road debris was a factor, with roughly 500 deaths occurring and almost 40,000 personal injuries. While many factors might play into how an accident happened, the fact remains that road debris can turn a mild accident into a bad one, and it means drivers must be aware of their surroundings at all times.

In general, most state laws hold that no vehicle can drive on a public road if their cargo is not properly secured, because of the potential danger that they would pose to the public. More specifically, federal regulations govern the securing of cargo, and failure to abide by them can lead to serious fines and license suspensions. This is on top of possible civil and criminal liability if the accident is serious enough. The driver of the truck that overturned on I-10 has all this to worry about on top of potentially incurring his own injuries.

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TX car accident attorneyA crash on August 13 has highlighted the potentially dangerous situation on Cameron Road and US-183, as a family of four was hospitalized after a car struck them as they crossed. This is not the first accident in this area, as three KIPP Texas Public Schools occupy a short stretch of Cameron Road, but traffic is constant and often very fast. In this type of situation, it is possible that the community or other entity responsible for road zoning and maintenance might wind up being liable for someone’s injury.

Finding Liability

Because so many schools are on Cameron Road, parents and school administrators have tried to lobby the city to mark the area as a school zone, so that drivers have some warning that pedestrians are common, as well as being required to lower their speed. However, the city has refused, stating that not enough children walk to class to warrant a school zone placement. They also point to the fact that the area is not zoned as residential. Yet the accidents keep happening.

It is possible in Texas to recover in civil court for injuries sustained due to poor road maintenance or oversight. However, it can be difficult to determine whether a governing entity (whichever agency maintains roads, such as a village board or the Department of Transportation) can actually be held liable or not, depending on the type of suit you choose to bring. You can bring suit under a theory of premises liability, or a theory of general negligence.

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TX wrongful death lawyerOn the night of August 14, a man was trying to cross I-37 N between Cesar Chavez Boulevard and Florida Street when he was struck by a 2012 Kia Optima. Afterward, he was then struck by more vehicles in quick succession and later pronounced dead at the scene. While law enforcement currently do not anticipate charges being filed in the man’s death, it is still possible that his family may choose to file wrongful death charges in civil court. If you have been unfortunate enough to lose a loved one in a traffic accident, this may be an option for you and your family to try and recover some of the expenses incurred.

Establishing Negligence

Everyone passes away eventually, but if you lose a loved one suddenly, it can be devastating. Losing someone due to another person’s recklessness or negligence is something that no one should have to deal with. A wrongful death claim in Texas hinges around establishing that your loved one’s passing would not have occurred but for the negligence of the defendant, and that had they lived, they would have had cause to bring their own lawsuit against the defendant for the injuries they incurred.

For example, if one looks at the I-37 N accident, it can be argued that the man’s family could bring a wrongful death suit against the driver of the Optima because had the Optima not struck him, the man might have lived. Also, had the man survived being struck by the Optima, he would conceivably have been able to sue the driver for his injuries. This does not necessarily mean that the suit would automatically be successful - but the factors would all be present that would allow either the man or his family to sue.

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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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