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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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b2ap3_thumbnail_motorcycle_20190816-184819_1.jpgOn the evening of August 8, a man was thrown off his motorcycle as he collided with another vehicle on northbound U.S. 183. He was transported to Dell Seton Medical Center with serious injuries, but as of this writing is expected to recover. Law enforcement has few details, but it is easy to wonder about the nature of the accident. Motorcycle riding is a dangerous hobby, but at the same time, if someone acted negligently, the injured man may have a good claim against the driver of the vehicle that struck him. If you are ever involved in an accident on your motorcycle, you should know that you have just as many rights as the driver of an automobile.

Motorcycling Can Be Dangerous

Texas has approximately 381,000 motorcycles registered in the state, and it is extremely common to see motorcycles on Texas roads. While most riders are scrupulously cautious and do everything they can to protect themselves while riding, what many non-riders are not aware of is that even if all precautions have been taken, motorcycling is markedly more dangerous than riding in a car. The National Highway Traffic Safety Administration (NHTSA) estimates that a motorcyclist is 28 times more likely to die than a vehicle driver or passenger, should an accident occur.

Many hear that statistic and think that motorcyclists do not take effective precautions, or that such a dangerous hobby means accidents are unavoidable. However, much of the reason for the heightened danger inherent in riding is simple physics: a motorcycle rider does not have as much as a vehicle driver or passenger to protect them should they suddenly be in an accident involving huge amounts of force. The damage from an accident that can feel minor to an auto driver can be severe to a cyclist.

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b2ap3_thumbnail_reckless-driving_20190816-184414_1.jpgThe Villa Coronado Homeowners’ Association and other citizen’s groups may finally get some of the safety improvements to Roosevelt Avenue that they have been seeking, since the passage of a 2017-2022 bond earmarked for the area. The stretch between the Loop (I-410) and I-10 has historically played host to significant numbers of fatalities, and those who live and work in the area have cited these statistics as reason to improve the road. As of this writing, a pedestrian mobility project is in the works, and other improvements will follow - but it is still wise to use caution in walking and driving around this area, as accidents can and do occur.

City May Be Liable

If you are involved in an automobile accident, even as a pedestrian, it is sometimes true that the cause of the accident can be linked to problems with the road or its surrounding conditions. Texas has a problem with poorly maintained roads - statistics estimate that only around 33 percent are in good condition, with the majority being in fair condition and roughly 15 percent in poor condition. San Antonio specifically only has around 20 percent of its roads in good condition. Poor conditions can mean anything from an uneven driving surface to poor lighting and can cause significant damage to a vehicle.

In addition, some roads and intersections are simply designed poorly from inception. For example, roads which curve in a certain way so as to create blind spots for drivers turning a corner can be argued to have been designed poorly, and thus be dangerous, even if they are kept in pristine condition. It can be argued that Roosevelt Road was designed poorly, or at least the stretch between I-10 and Loop I-410, given the frequency of accidents and fatalities that occur in the area.

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b2ap3_thumbnail_bike-crash_20190816-184148_1.jpgOn the night of July 21-22, a bicyclist was struck by a driver at the intersection of Brady Blvd and Driftwood Street, causing a lacerated spleen and other significant injury. The driver did not stop to render aid, but the bicyclist was taken to University Hospital, where he is in stable condition as of this writing. If the driver is located, they may face serious legal issues in both the criminal and civil arenas. If you have been injured in a hit-and-run crash, know that you may be able to seek compensation from the person who struck you.

Hit-And-Run Crashes Are Common

Unfortunately, hit-and-run crashes occur with regularity in Texas. It is not unusual for a driver to make a mistake, get spooked, and try to flee the scene. However, if they do this, the victim of their negligence may have no way to get their medical bills paid. Texas law is on the side of the victim, and allows them to bring suit under a theory of negligence in addition to any criminal penalties that might be assessed.

If you were involved in an accident and you were injured due to another person’s negligence, you have the right to try and seek compensation. Texas law allows an injured person to potentially recover even if you are held partially responsible - for example, the bicyclist in the Brady Blvd accident was alleged to have ignored the stop sign, which might result in his being found partially at fault.

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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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