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TX injury lawyerRecently a driver deliberately struck and injured two pedestrians outside the Well, a bar near I-10, off UTSA Boulevard. Witnesses described one woman being struck, after which her companion jumped on the hood of the car and was then thrown off. Instead of stopping to render aid as required by law, the car sped away, and as of this writing, San Antonio police are still seeking the driver. If you are injured due to being struck by a driver, you have the right to seek compensation from them, and in some cases, they may even be on the proverbial hook for criminal charges.

Texas Law Is Clear

Hit-and-run, called leaving the scene of an accident in Texas, carries serious penalties, and the law is unambiguous about them. Sec. 550.021 of the Texas Transportation Code states that anyone who is involved in an accident that results in (or might reasonably result in) injury or death must (1) immediately stop their vehicle; (2) return to the scene; (3) try to determine if someone else was involved and whether or not they require aid; and (4) render assistance such as giving your information and insurance, as well as potentially summoning help.

If you are involved in an accident where you believe there has been injury or death, you must comply with all four orders laid out in the relevant law. Failure to do so may open you up to civil liability, and in most cases, to criminal charges, especially if someone is killed or seriously injured. In the event of death or serious injury, leaving the scene of an accident is a second or third-degree felony, which carries prison time between 2 and 20 years, with a fine of up to $10,000.

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Posted on in Car Wrecks

TX injury lawyerOn the night of October 21, there was a wrong-way crash on I-10, on the northwest side of San Antonio, where a car struck another near Vance Jackson Road. After the collision, the wrong-way driver fled on foot, being apprehended later on further down Vance Jackson Road. While no serious injuries were reported, alcohol is said to have been a factor, and as such, the driver will almost certainly be prosecuted. Both drivers were quite lucky to sustain no major injuries, as very often wrong-way collisions can cause severe injuries and even death.

Many Wrong-Way Collisions Involve Alcohol

Unlike many other types of collision, alcohol often plays a major role in wrong-way crashes. Statistics from the National Transportation Safety Board (NTSB) show that in fatal collisions on divided highways, the number of wrong-way drivers who had ‘shown signs of alcohol use’ was approximately 60 percent. Also, approximately 60 percent of wrong-way drivers in the sample had a blood alcohol content level of 0.15 or more at the time of their accident - which is, in most states (Texas included), significantly over the legal limit to be considered drunk.

Wrong-way collisions are also much, much more common during night hours, which can also argue toward alcohol being a major factor. However, other conditions obviously can play a role, including poorly lit roads, traffic patterns and general driver error (that is, driver behaviors that do not have anything to do with substance abuse). If you have been injured in a wrong-way collision, you should not obviously assume that the other driver was intoxicated, but you should perhaps be aware that it is plausible or even common.

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TX accident lawyerA San Antonio police officer suffered non-life-threatening injuries when a car crashed into the vehicle he had pulled over on August 1. A driver coming up to I-10 W, between Huebner and Zavala, failed to slow down for the backup that inevitably results from a traffic stop and crashed into a car. The eventual chain reaction made it to the police cruiser, causing moderate injury to the policeman. While these types of collisions are rare, they do bring up interesting questions about who can be held liable for injuries suffered.

Each Situation Is Different

Chain reaction car accidents generally involve at least three vehicles, though, in theory, any number may be possible, especially on slick roads. Very often, the first car in the chain will be ruled at least partly responsible, because if they had been able to avoid the crash, it is argued that others might have been able to follow their example. However, this is not always the case. Sometimes another driver will be held to have been following too closely, or sometimes, the public agency that maintains the road (in this case, the Texas Department of Transportation) may not have adequately posted signage, or in some cases, the weather will be ruled to have caused the accident itself.

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TX injury lawyerOne woman died after rolling her vehicle on Ralph Fair Rd in San Antonio, on the morning of July 23. Law enforcement reported that the woman was not wearing a seat belt at the time of the impact, and that speed had likely been a factor in the crash. These accidents are unfortunately all too common, especially on Texas roads, but if you are involved in one due to another person’s negligence, you may be eligible for compensation stemming from your injuries.

Statistics Show Fatalities Are Common

Because so much weight and metal is moving around, rollover accidents have the potential to cause significant injury and death. The numbers of such accidents are increasing; data from the National Highway Traffic Safety Administration (NHTSA) show almost a 10 percent increase in multi-vehicle rollovers from 2015-2016, as well as a 2 percent increase in single-vehicle rollovers. This can affect the overall death rate in auto accidents, as rollovers are much more likely to cause injury than many other types of crash. For example, the NHTSA’s safercar.gov website cites statistics showing that almost 35 percent of all auto accident deaths were in rollover accidents, even though rollovers were only approximately 2 percent of the total accidents on U.S. roads.

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Posted on in Defective Products

Texas injury lawyerMost auto accidents are caused by human error, whether that error manifests as crossing a lane or causing another automobile to crash. However, sometimes, other forces may be responsible. One which is sometimes overlooked is that automobiles are products, like any other, including their constituent parts. It is possible to show, in some cases, that your auto accident could have been caused by a defective part. This can open up an entirely different cause of action than a standard negligence case.

Texas Product Liability

Texas has fairly specific standards regarding product liability, specifying the obligations of manufacturers and sellers toward the general public. It also holds that product defect cases fall under strict liability, which means that unlike with a standard negligence case, no causation is required to show liability. If a product is designed with an inherent defect, and that defect causes harm, then the manufacturer is liable. It would be too difficult to show causation if it were required to be proven in every single case, so Texas law eliminates that step.

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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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