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TX injury lawyerA hit-and-run in San Marcos injured two pedestrians, landing both in the hospital where one still remains as of this writing. A middle-aged gentleman and his adult daughter were struck by a vehicle in the intersection of North Lyndon B. Johnson Drive and East Hutchison Street, which was then narrowed down to two possibilities by San Marcos police. If the vehicle is found - maroon in color, and either a GMC Yukon or a Chevrolet Tahoe - the driver will face serious penalties, in addition to a possible civil suit if the pedestrians choose to file one.

Leaving an Accident Scene Is a Crime

Many people think that if they cannot be caught after a hit-and-run, they have escaped responsibility, or at most, they might face a civil suit from any victim’s family. In reality, leaving an accident scene is a crime in Texas, and can be a second or third-degree felony if injury or death results. Even a hit-and-run which only causes property damage may be punished by anywhere between 1-5 years in the county jail and a fine of up to $5,000.

The sentences under this law can seem surprisingly harsh, but the rationale is that drivers have responsibilities in Texas, chief among which is to render aid and/or give information to law enforcement in the event of an accident. Even if the hit-and-run only damaged property, a failure to do that carries consequences. Ignorance of this responsibility is no excuse, either; Texas law criminalizes causing damage, whether or not that damage was intentional. Texas has so many drivers that the state legislature wanted to send a message that accountability matters.

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TX injury lawyerA man was arrested on October 7 after being observed going over 100 mph on I-10 on an earlier date, ostensibly while racing another car. He was taken into custody after he admitted racing in his Chevy Camaro. While some see street racing as a harmless pastime, it is against the law in Texas, and if you are caught engaging in the practice, you may wind up with heavy fines and a possible license suspension. If you are injured by a street racer, by comparison, you may have a surprisingly easy case for negligence under Texas law.

Proving Negligence

In order to prove negligence under Texas law, a plaintiff must establish four points. They are:

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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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Posted on in Car Wrecks

Texas injury lawyerIn January, two boys in Cedar Park, outside of Round Rock, engaged in drag racing, causing the deaths of two young boys when one of them crashed. On February 28, a negligence lawsuit was filed by the family of the deceased children, asking for significant damages, based at least partially on the defendant’s alleged lack of remorse following the incident. If you have been in this position or been in a position where you have lost a loved one due to someone else’s alleged negligence, it is important to understand what the law allows and what it does not.

An Epidemic

Prior to 2003, drag racing was considered a minor traffic violation, but after films like The Fast and the Furious began to grow in popularity, more and more incidents began occurring, and more injuries and fatalities were chalked up to the trend. Laws were modified in that year, upgrading drag racing from a traffic violation to a misdemeanor, which is punishable by a significant fine (as high as $2,000) and up to 180 days in jail, with increasing penalties for a second and third offense.

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Texas accident injuryOn November 8 in San Antonio, a pedestrian accident occurred when a teenage girl “ran into the road” on a West Side street and was struck by a car. While no severe injuries seem to have occurred in this specific accident, pedestrian accidents can be among the most hazardous in terms of lives lost simply because one party is at a tremendous advantage in terms of protection from impact. If you or a loved one has been injured in a pedestrian accident, you may be able to seek compensation for the harm you suffered.

Pedestrian Accidents Are Common in Texas

Pedestrians have a difficult time in Texas. Recent statistics from Smart Growth America, a think tank that tracks urban development, places six Texan cities and their metropolitan areas within the 50 most dangerous in the United States (only Florida has more). Speed limits are generally high, even within metro areas, and with the way that many roads in Texas are laid out, there are fewer pedestrian crossings in many areas than there perhaps should be.

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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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