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TX accident lawyerRecently, a rollover crash on EB US 290 at Ben White Boulevard sent two people to the hospital with serious injuries. Both people became entrapped in their vehicles, requiring ATCEMS to cut them free before sending them to the hospital. Serious injuries are sadly common in rollover accidents, and if you have lived through one, your medical bills may add up very quickly. Bringing suit against a driver who struck you may be a good way to recoup some of your costs and recover for your losses.

Statistics Show Serious Injuries Common

The National Highway Traffic Safety Administration (NHTSA) estimates that in a given year, roughly two percent of all accidents are of the rollover type. However, rollovers were responsible for approximately 35 percent of the fatalities from those accidents. It is possible to trace some causes for these high totals. One major factor is a lack of seat belt usage - in 2010, nearly 70 percent of those killed in rollover crashes were not using any seatbelt or restraint.

Another common cause of rollover crashes is the use of substances like alcohol or drugs. In 2010 data, the NHTSA estimates that nearly half of all rollover crashes involved alcohol use, and it is a known fact that driving while under the influence of alcohol (even if someone is not legally impaired) can cause a noticeable downgrade in your driving ability. There are also many causes that have more to do with location - for example, more rollover crashes occur on undivided rural roads and may have higher speeds.

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TX injury lawyerA true tragedy happened on February 20, when a 10-year old riding her bicycle fell into traffic, losing her life after being struck by a passing SUV. The accident happened in West Bexar County, in the Valley Ranch area, and while law enforcement does not anticipate filing any charges in the matter, it can be hugely traumatic for both the driver and the family of the deceased person when accidents like this occur. No criminal charges also does not mean that the family of the girl cannot file a civil lawsuit. If this happens to your family, you need to make sure you remain clear-headed as you determine how best to handle this.

Negligence Must Be Present

Despite how devastating they can be, not every accidental death is grounds for a wrongful death lawsuit. If you have lost a loved one in an accident, you must be able to show that their passing was the result of another person’s “wrongful act, neglect, carelessness, unskillfulness or default” - that is, you must establish that there was negligence or recklessness in their actions. If they could not have acted in any other way, or could not have acted any faster to stop the accident, there is no cause of action under Texas law.

In the Valley Ranch accident, for example, law enforcement saw no recklessness or negligence in the driver’s behavior because everything happened so quickly. The driver likely had no time to take evasive action or stop their vehicle - and if it is generally agreed that no reasonable person would have been able to stop or evade the girl on the ground, then it is not possible to call the driver negligent. The accident was horrible, but not necessarily avoidable.

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Posted on in Car Wrecks

TX injury lawyerWhen you are driving in Texas, you are required to obey the general rules of the road, including allowing other drivers ahead of you when it would be reasonable or appropriate to do so. However, sometimes you may get confused, or you may decide not to stop or yield, and an accident may happen. This kind of behavior is called failure to yield, and if someone is hurt by your failure, the City of Austin now requires that the matter be dealt with in court. This is a change made recently that may escape the average person, and if you do not know of the change and fail to appear in court, the consequences can be serious even if you plead ignorance.

Too Many Injuries and Fatalities

Historically, the City of Austin would allow anyone charged with failure to yield to pay the citation off online or at the Municipal Court, but that is no longer allowed if your failure to yield caused another person’s injuries. Those accidents are now going to be held to “higher minimum and maximum” financial penalties, with fees reaching up to $4,000 if the degree of injury is serious. These are not criminal charges - that may be another headache for drivers entirely - but these types of civil infractions can be quite costly in the long run.

The reason for the increased charges is because failure to yield has become more and more of a factor in fatal and serious injury crashes, with roughly 1 in 6 being affected last year. In 2016, Austin created its Vision Zero program in 2016, aiming for no traffic deaths within city limits, but so far numbers have not been lowering. Some of the reasons for this are out of the city’s control - for example, many accidents happen on I-35, which the City of Austin does not oversee.

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TX accident lawyer= T-boning a police vehicle traveling westbound on West Martin Street. The police officer inside was treated for a head injury at University Hospital, and the driver was taken into custody, facing charges of evading arrest and aggravated assault with a deadly weapon. An injured civilian could choose to bring a civil suit against the fleeing driver over any injuries they sustained, though on-duty police may not do the same thing. If you have been in a T-bone collision, your injuries are likely severe.

Causes and Definitions

A T-bone or side-impact collision is when the front end of a car strikes the side of another vehicle, usually causing severe injury to those sitting on that particular side of the second car. There are many different causes of this type of accident - that is, many situations where a side-impact collision will be more likely to happen than, say, a rear or front-end crash. Running a stop sign or a red light like the driver on West Martin Street is one of the most common causes of these types of crashes; traffic will have begun to travel on the green light and a driver with a red light may simply not stop.

A host of different injuries may happen with this type of crash, especially since victims in a T-bone accident do not necessarily have the same safety features available to them that those in a front or rear-end collision would. Studies have shown that seat belts or other restraints do slightly raise the survival rate of these crashes, but in most vehicles, no side airbags or other protection devices are present. Injuries may be as mild as broken bones, cuts, and bruises, or may be as severe as traumatic brain injuries and spinal damage.

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Posted on in Car Wrecks

TX crash attorneyOn a recent night, a woman exiting I-35 South onto Frio Street lost control of her car, causing it to flip over the side of the ramp and land in the grass below. Law enforcement stated that she was not wearing a seatbelt, and was thus ejected from the vehicle, sustaining severe injuries. Sadly this is all too common in rollover accidents, which are disproportionately responsible for car crash fatalities for a variety of reasons. If you survive one, and you believe that your crash was caused by another person’s negligence, it may be good to consult an attorney who is versed in this type of case.

The What and Why of Rollovers

Statistics done by the National Highway Traffic Safety Administration (NHTSA) paint a grim picture. The NHTSA estimates that the fatalities from rollover crashes make up approximately 20 percent of all traffic deaths; in general, rollover accidents are more likely to cause fatalities than any other type of crash. Most rollover crash victims are male and under the age of 40, driving on two-lane roads without any dividing barriers.

There are several different reasons for the deadliness of rollover accidents; most notable is the sheer fact that a car’s worth of metal and glass rolling over, end over end, involves immense weight transfer, none of which is controlled. In addition, speeding drivers are infinitely more likely to roll over than those going the speed limit - it is not uncommon for rollover crashes to happen when a driver loses control due to speed and flips over a freeway ramp or guardrail, and when an accident occurs at that speed, fatalities are more likely.

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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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