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TC accident lawyerAn unusual accident took place on a recent night, where a driver experienced a medical episode and crashed his car into the side of a house. The crash occurred in the 3200 block of East Southcross Street, causing relatively minor damage to the house. No one was hurt, but it is very easy for accidents of this type to cause major injury or death, as well as extensive damage to whatever building is struck. However, proving liability can be difficult, and enlisting an attorney to help with your case is highly recommended.

Negligence 101

Normally, when a driver crashes into a home, and there is damage or injury, the homeowner can bring a civil suit against the driver under a theory of negligence. Negligence is a legal theory in Texas under which a plaintiff is trying to establish three things in court. They are (1) that a defendant acted in a way that did not show reasonable care for other people; (2) that the defendant’s conduct directly caused the harm to the plaintiff; and (3) the plaintiff did actually suffer tangible harm, as opposed to just a fright or mere cuts and bruises.

In Texas, motorists on the road have a duty of care toward other motorists on the road, and while the law does not explicitly state this, it can be inferred that a driver has a duty to exercise reasonable care toward people off the road as well - certainly, one might infer a duty to not crash into a house while driving! Either way, this type of case can often be straightforward - for example, if a driver is under the influence of alcohol - but in some rare situations, they can get much more complex. The existence of a duty has to be proven before you can sue.

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Posted on in Truck Wrecks

b2ap3_thumbnail_truck-crash_20190215-225819_1.jpgRecently, the northbound lanes of SH-130 were blocked near Manor, just south of Highway 290, after an 18-wheeler overturned. The driver apparently lost control of the empty truck and it rolled, which also caused a rupture of one of its fuel tanks. The driver was hospitalized, and Austin firefighter and hazmat crews were able to contain the scene to ensure no explosions occurred. While this accident was contained, with only the truck driver sustaining injuries, sometimes innocent drivers will be caught in the crossfire. If this happens to you, it is important to understand your rights and understand whether or not you have a claim to compensation.

Serious Injuries and Fatalities Result

Because of the sheer weight involved when a truck crashes, the likelihood of injury or death is greater, as a general rule, than in accidents involving two smaller vehicles, such as automobiles or pickup trucks. Even when an 18-wheeler’s trailer is empty, the body of the truck is capable of inflicting crushing damage on you and your vehicle in certain types of accidents. Some of the most common types of injuries from trucking accidents include whiplash and other soft tissue damage, brain injuries, broken bones, and spinal injuries.

There are just as many potential causes for truck accidents as there are injuries, especially in urban areas - approximately one-fourth of all truck crashes occur on international highways. Many can be traced back to driver distraction or being physically compromised; for example, it is not uncommon for truckers to be pushed beyond the Federal Motor Carrier Safety Administration (FMCSA)’s guidelines for maximum hours, which can lead to sleep deprivation and impaired driving. Other common reasons include substance abuse, improper maintenance of the truck, speeding and other unsafe driving practices, and poorly maintained roads.

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Posted on in Car Wrecks

TX injury lawyerState Highway 130 runs from its concurrent route along I-35 in San Antonio, up through Seguin, north through Pflugerville and eventually ending in Georgetown. It handles a fair amount of traffic and has its fair share of injuries and fatalities. According to statistics cited by the Texas Department of Transportation (TxDOT), 37 people have died on SH 130 since the speed limit was modified in 2012 to allow cars to go 85 mph, making it the fastest highway in the United States. However, one wonders if it was worth it - the families of those injured or killed might say no.

Speeding Kills

Higher speeds make travel immeasurably more dangerous. TxDOT statistics show that roughly 750 people died in speed-involved crashes in Texas in 2017, with many of those deaths being the speeding drivers themselves, but too many were passengers or even innocent bystanders. Most causes of highway crashes can be linked at least indirectly back to elevated speed - for example, if someone has an accident in poor weather, it is highly likely that they will have been traveling too fast for the weather conditions. If someone is engaging in distracted driving, it is common for their speed to increase beyond the posted limits without their knowledge.

If you are injured in a highway accident, the most common theory under which most people bring suit is negligence, which has three criteria that must be met. A duty to exercise reasonable care is put on all motorists on any given road. In order to show negligence, you must show that the driver breached that duty, which caused tangible harm to you (not necessarily physical, but something more substantial than cuts and bruises) and that they did so via their conduct, with no other superseding cause. If you are able to establish these criteria, you have a good shot at prevailing in your case.

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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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TX injury lawyerOn July 4, a massive crash sent three people, including a child, to the hospital as an SUV making a left turn onto East Cheryl Drive pushed a sedan into a light pole. The sedan driver was pronounced dead at the scene, while the other driver and two passengers were taken to nearby hospitals. While as of this writing, no charges have been filed, it is very possible that the SUV driver could face a wrongful death suit if they are fortunate enough to recover from their own injuries.

Wrongful Death in Texas

Texas has a very comprehensive wrongful death statute, allowing for two different possible causes of action, depending on the nature of the death involved. A wrongful death action is a claim in negligence law that is brought against the person alleged to have caused the death, for actual damages and in rare cases, for what are called exemplary or punitive damages. Actual damages are damages that stem directly from a death, such as loss of companionship or quality of life, general mental anguish, medical or care bills, and funeral expenses.

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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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