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Texas injury lawyerOn the night of May 22, one motorcyclist was killed and one injured as a pickup truck struck them both on the shoulder of Old Corpus Christi Road. The cyclists had pulled over to try and fix a problem with one of the bikes, but apparently, the driver of the pickup truck was not able to see them. One motorcyclist died at the scene, a 35-year old man, and a younger man was airlifted to San Antonio Military Medical Hospital with “life-threatening” injuries. While this accident is obviously a tragedy, it is somewhat unusual in that most motorcycle-related accidents occur when both vehicles are in motion. Texas roads can be more dangerous for motorcycle riders than any other vehicle operators.

Multiple Causes Of Motorcycle Accidents

While accidents simply happen sometimes, there are common causes which may precipitate accidents more often than might otherwise occur. A significant portion of motorcycle accidents, especially in Texas, with its high-speed limits, can be put down at least partially to visibility issues. The wreck on Old Corpus Christi Road can partially be ascribed to visibility problems, but more normally, visibility will be an issue in terms of seeing a motorcycle in a car or truck’s “blind spot,” or simply missing it because of its slim frame and light weight. Some motorcyclists will also lane split (share a lane with an automobile), despite its questionable legality in Texas, which can make them hard to see.

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TX accident lawyerOn the morning of May 8, commuters on I-10 W between Boerne Stage and Ralph Fair roads found themselves contending with a partial closure of the freeway, which is planned to last into the upcoming weekend. While this might cause problems in the short term, it saves innumerable problems in the long term, for both commuters and for the city itself. If someone were to have an accident, and the pavement being in poor condition was a factor, they could conceivably sue the city.

Road Management Creates Liability

Auto accidents can absolutely be caused by potholes and other road hazards such as damaged signage, broken or missing guardrails and the like. Texas roads are constantly under maintenance, especially given the levels of traffic they see, but even so, accidents still happen. When an accident does occur, the plaintiff may, at least in theory, sue the entity responsible for maintaining the road under a theory of negligence - that is, arguing that because they had an accident on the road, that it was not maintained sufficiently. For example, in San Antonio, that entity will usually be the Texas Department of Transportation (TXDOT).

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Texas injury attorneyA U.S. Border Patrol agent and two other people died after an accident on Christmas Day 2017 in Uvalde, southwest of San Antonio. The accident occurred when a wild pig struck an SUV, causing it to swerve into oncoming traffic. The status of three other passengers in the vehicles is unknown as of this writing, but two of the casualties were pronounced dead at the scene, while the other passed in hospital some hours later. As one might imagine, there is no conceivable way to foresee such an accident, which can make any sort of wrongful death suit difficult to mount.

A Standard Texas Wrongful Death Suit

Wrongful death as defined in Texas law is when the “wrongful act, neglect, carelessness, unskillfulness, or default” of one person causes the death of someone else. There are technically two types of wrongful death action in Texas - a true wrongful death suit, which is brought on behalf of the spouse, children and/or parents of the deceased, and a survival action, which is an action for personal injury that the deceased would have been able to bring had they remained alive.

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Posted on in Car Wrecks

Texas accident attorneyMost car accidents are caused by human error - a failure to signal or stop, or wrongly anticipating one’s ability to make a turn, for example, However, there is a small percentage of auto accidents in Texas that is caused by what can only be called road rage. Sometimes people simply lose their tempers - but that ceases being acceptable when others are hurt by that anger. If you have been in an auto accident due to someone else’s road rage, you likely have a cause of action under which you may seek compensation for your injuries.

Road Rage vs Irritation

Sometimes people who have experienced road rage accidents do not report it, or they minimize the degree to which it played a part in the accident because they do not believe the other driver’s behavior reached the level of road rage. In reality, any behavior driven by extreme anger qualifies as ‘road rage’ if perpetrated while driving a car, and in many cases, the risk factors can be pinpointed.

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Posted on in Personal Injury

Texas car crash lawyerIn early September, two people were injured when a private helicopter lost power while trying to land at Burnet Municipal Airport, just north of Austin. While no one in the craft was seriously injured, motorists on US 281 were understandably shocked and alarmed, as the helicopter crash-landed onto the lanes of the highway. While aircraft crashes are thankfully rare, it does beg the question of how foreseeable either might be, and whether it would affect a passenger’s ability to bring suit.

Accidents and Negligence

Whatever conveyance you may be riding in, there are certain obligations that both passengers and drivers must abide by while out on public roads or in public airspace. There is an implied duty of care owed to drivers by other drivers on the road; the breach of that duty can give rise to a negligence claim. This would also apply to aircraft or watercraft; for example, two boats sharing a waterway must exercise due care, lest something go wrong. These duties originate in common law, which means that they are not necessarily in any statute, but rather are passed down via past judicial precedent.

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