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New Braunfels pedestrian injury attorneyEarly this month, a runner was killed in a hit-and-run incident in San Antonio near Loop 1604, contributing to an unfortunate pattern of serious injuries and fatalities among runners, joggers, and other pedestrians in Texas. Being hit by a car while running can cut your life short or alter it permanently, and it may be a challenge to recover the compensation you deserve. With this in mind, any precautions you can take to avoid being injured by a negligent driver are worthwhile.

Safety Tips for Texas Runners and Joggers

Whether you are an avid runner or occasional jogger, it is important to be aware of the risk of injury any time you are running near the road. You can better ensure your safety by doing all of the following:

  • Staying away from high traffic areas. Whenever possible, try to plan your running route to avoid busy roads. Sticking to jogging trails and residential areas can help you stay out of harm’s way. If you do need to include a busier road in your route, try to time your run to avoid rush hour when traffic is at its most dangerous.

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TX injury lawyerRecently, law enforcement in San Antonio identified a woman as the victim of a hit-and-run accident on South W.W. White Road. The person who struck the woman may not have been aware of it, as they failed to stop and render aid, but this does open them up to the possibility of both civil and criminal liability if they are located. Failing to stop at the scene of a hit-and-run accident is a crime in Texas, and in addition, the deceased person’s family may seek to bring suit against the driver for wrongful death. If you have lost a loved one in this manner, it is important for you to understand your options, as well as the relationship between civil and criminal law.

Wrongful Death in Texas

Texas’ wrongful death statute is fairly straightforward, stating that a person is liable for damages resulting from an individual’s passing if it resulted from their (or their agent’s) “wrongful act, neglect, carelessness, unskillfulness, or default.” There are only a handful of family members who are permitted by law to bring a wrongful death suit - generally the deceased person’s surviving spouse, children, and parents. Anyone else is deemed to be too distantly related to have received tangible support from the deceased person in most cases.

In the hit-and-run accident example from South W.W. White Road, the woman’s family would conceivably be able to recover damages such as loss of companionship, mental pain and suffering, and lost wages, if they were able to establish the necessary legal criteria. To establish a case for wrongful death, the plaintiff (the decedent’s family) would have to show that the defendant’s lack of reasonable care was the direct cause of their loved one’s passing and that no other intervening cause played a role. This is difficult, but not impossible to establish if the facts are there.

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Posted on in Car Wrecks

New Braunfels car crash lawyerAccording to the American Automobile Association Foundation for Traffic Safety, approximately 11 percent of all police-reported crashes involve someone leaving the scene of the accident. The National Highway Traffic Safety Administration (NHTSA) reports, however, that hit-and-run estimates are even higher: about one in every five pedestrian fatalities is caused by this type of accident. Over the course of a year, research indicates that hit-and-run drivers cause more than 2,500 fatal traffic accidents.

Hit and Run Accidents

When someone flees the scene of an auto accident, this is commonly referred to as a “hit-and-run” accident. Texas state law, in addition to the laws of a majority of the other states across the nation, prohibits a driver from fleeing the scene after an accident. Leaving the scene of an accident is a serious offense in Texas, which can range from a misdemeanor to a felony depending on the degree of the damage or injury as a result of the crash.

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hit and run, New Braunfels personal injury attorneyAn alert officer helped police capture a hit-and-run driver after he initially fled the scene of a serious bicycle crash.

The wreck occurred on the West Side, near the intersection of Callaghan Road and Culebra. Witnesses reported seeing an SUV collide with a bicycle. The bicycle rider was thrown from the bike and landed on his head; he was rushed to a nearby hospital with serious injuries. The SUV driver turned out to be a 36-year-old man. After driving away, he returned to the scene and slowly drove around the area. An alert officer noticed the vehicle had a dangling side mirror, which led to a stop and arrest.

The SUV driver was promptly charged with DUI, and additional charges may be forthcoming.

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KSAT.com recently reported on a tragic accident that occurred near the HEB at Walzem and Montgomery and resulted in the death of a local homeless man. Witnesses told police that the driver of a silver Ford pick-up truck was pulling out of the HEB and South onto Walzem toward Eisehauer when the truck struck a man crossing the street. The man, who was described as a homeless man in his 60s, died at the scene of the accident. One witness indicated that the driver of the truck briefly stopped and exited the vehicle, but then reentered the truck and drove away without helping the fatally injured man. Witnesses also were able to give a partial license plate number for the silver pick-up truck, and police are continuing to search for the hit-and-run driver. In addition to facing potential criminal charges for leaving the scene of an accident and perhaps more serious charges related to the man’s death, the hit-and-run driver, if identified, may be civilly liable for certain expenses related to the man’s death. Although this particular report describes the victim of this fatal accident as homeless, this is not to say that the man actually was homeless, or that he had no surviving family. Any immediate family who survives the deceased man may be able to bring a wrongful death lawsuit against the driver who caused the man’s death. Proceeds from a wrongful death lawsuit can cover expenses such as final medical costs, pain and suffering incurred prior to the man’s death, funeral and burial expenses, and loss of companionship and/or support. Although the possibility of holding this hit-and-run driver responsible in this case may seem remote at this point, police do have some leads in this case that may result in the discovery of the driver responsible. If a family member has been fatally injured in a car accident due to the negligence of another driver, you may have a valid wrongful death claim. In this case, you should immediately contact an experienced Seguin, Texas wrongful death attorney for assistance.

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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