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New Braunfels car crash attorneyIf you are injured in a car accident, your chances of recovering compensation depend on your ability to demonstrate that another party was negligent. In order to receive the largest possible settlement or verdict, you may also need to demonstrate that you were not partially at fault. Doing so requires that you have strong evidence to support your claim, and one of the strongest forms of evidence is video footage of the crash.

Video footage may not exist for every accident, but it is available more often than you might expect. The question is, how can you find it in order to use it in your case? It can be difficult to obtain video evidence on your own, but an experienced personal injury attorney can make it much easier.

What Kind of Video Evidence May Be Available?

Depending on where the accident happens and who is around to witness it, video footage of the crash may be available from a variety of sources. Some of the most common include:

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TX injury lawyerEach year in Texas, around 2,500 bicyclists are involved in accidents with motor vehicles. Hundreds of these crashes result in serious injuries, with many proving to be fatal. Just this month in Bexar County, a bicyclist was fatally injured by a driver who police say was traveling at a high speed, and who has since been charged with intoxication manslaughter. If you or a loved one is injured in a bike crash, you should understand your rights to recover compensation.

What Causes Texas Bike Accidents?

In many cases, an accident involving a car and a bicycle is the fault of the driver of the motor vehicle, due to their negligence in upholding a duty of care to others on the road. Driver negligence in a bike accident can take many different forms, including:

  • Failing to yield the right of way - According to Texas law, bicyclists have the same rights and obligations as drivers of motor vehicles. As such, the rules regarding right of way are the same for bicycles and cars alike. When a driver fails to appropriately yield the right of way to a bicyclist at an intersection, a collision can occur.
  • Passing too closely - Unlike many other states, Texas does not have a law specifying a safe distance that cars should maintain when passing bicycles on the road. However, if an accident occurs after a car gets too close to a bike, the driver may be considered negligent.
  • Speeding - Driving at unsafe speeds, especially in school zones and urban and residential areas in which biking is common, makes it more difficult to avoid colliding with a bicycle that crosses the driver’s path.
  • Drunk driving - Alcohol intoxication impairs a driver’s abilities to the extent that everyone else on the road, including bicyclists, may be in danger.
  • Distracted driving - Because of their small size, bicycles can already be more difficult to detect than other motor vehicles. When drivers take their eyes off the road to use their phone or for any other reason, they are even more likely to miss seeing a bicyclist.

Injured bicyclists who can demonstrate driver negligence are often able to receive compensation for their medical bills, pain and suffering, and other damages. However, in order to avoid claims of contributory negligence, bicyclists should be sure to take all possible safety precautions when riding, including equipping their bikes with lights and reflectors, following traffic laws, and staying sober and alert.

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TX injury lawyerIf you are injured in a car crash with a drunk driver, you may assume that the driver bears full responsibility for their intoxication and the resulting damages. However, according to Texas law, bars, restaurants, and other businesses that serve alcoholic beverages have a responsibility to do so safely. Under certain circumstances, if a business fails to uphold this responsibility, they can be found partially liable in a personal injury case involving a driver that the business served.

Texas Dram Shop Laws

Legal statutes addressing a business’s liability for damages related to alcohol intoxication are commonly referred to as “dram shop” laws. In Texas, such laws apply in two kinds of circumstances. The first is when an individual or business with an alcohol license or permit overserves a customer. In order for the business to be liable in this case, there must be evidence that the server knew that the person being served was already intoxicated to the point of posing a danger to self and others and that alcohol intoxication was the cause of the damages for which compensation is being sought.

The other type of circumstance is when a business knowingly serves alcohol to a minor under the age of 18. In this case, it is not necessary to demonstrate that the business overserved the minor, only that they were responsible for serving any of the drinks that led to the minor’s intoxication, which subsequently caused injuries or damages. Liability under these circumstances extends not only to businesses with an alcohol license but also to social hosts or any adults over the age of 21 who serve a minor or who allow a minor to be served on their premises, provided that the adult is not the minor’s guardian or spouse.

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TX injury lawyerAccording to recent statistics from the Federal Railroad Administration, Texas leads the United States in railroad crossing collisions, with more than 180 in 2020. From those collisions, 67 people suffered injuries and 11 people were killed. Train crashes continue to be a regular occurrence, with a collision in March between a MetroRail train and a passenger car in Austin serving as just one prominent example. Injury victims in train-vehicle collisions may suffer severe damages, and they are often eligible for compensation through a personal injury claim.

Texas Train Accident Negligence

Train accidents can happen for a variety of reasons, with some of the most common cases involving a train derailing due to operator error or obstructions or defects on the railroad tracks. In such cases, injured train passengers often have a claim for compensation from a negligent operator or the company responsible for employing the operator or maintaining the train or tracks.

However, negligence can be more complicated in collisions at railroad crossings because of the involvement of passenger vehicles with drivers who may be partially responsible. For example, a driver who is injured in a collision with a train after disregarding a railroad crossing signal may find it more difficult to recover compensation due to their contributory negligence. However, a train operator can also be liable for railroad crossing accidents, perhaps due to leaving the station without receiving proper clearance or failing to stop to avoid a collision despite having reasonable time to do so.

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TX injury lawyerWithin the past several days, there have been several serious car accidents in the San Antonio area involving drivers pulling out into the path of oncoming traffic. Such situations often result in T-bone collisions that can have severe consequences, including catastrophic injury and death, depending on the speed at which the vehicles were traveling and other factors. It can also be complicated to determine who is at fault for a crash of this nature, which can complicate personal injury claims.

Where Do These Accidents Occur?

A vehicle pulling out into traffic can happen under a variety of circumstances. It could occur at an intersection with a traffic light, for example, when a driver attempts a right turn on a red light while traffic is approaching from their left, or when a driver fails to acknowledge a red light at all. However, these accidents tend to be more common at intersections that are not so well regulated. One common example is an intersection at which drivers in one direction have a stop sign, but traffic in the other direction is not required to stop. Accidents are also common at intersections where there is no traffic sign or signal at all, such as a driveway, alley, or parking lot exit that intersects with a busy road. In some cases, visual obstructions like buildings or landscaping can make it difficult for a driver to see oncoming traffic, thereby contributing to a crash.

Questions of Liability

One of the most important questions, when someone is injured or killed in an accident of this nature, is, which driver is at fault? Is it the driver who pulled into traffic, or the driver who was unable to stop in time to avoid a collision? In many cases, the answer is complicated. For example, a driver who pulls into traffic after ignoring a stoplight or stop sign will likely be considered at least partially liable. The same may be true if the driver is distracted or simply makes a poor judgment call.

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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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