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 TX injury lawyerIn the early hours of November 1, a significant rollover crash occurred on I-37 South, near Mathis Road. Two people were thrown from their car as it flipped over, sustaining serious injuries, while a second passenger sustained less severe damage to their person. The victims were taken to University Hospital and San Antonio Military Medical Center, respectively, in stable condition. All the victims in the crash can be said to be quite lucky to escape with only experiencing relatively mild harm - rollover crashes are by far the most deadly type of car accident, and if someone is held liable for injuries suffered by another person in a rollover, the bills can be very high.

Rollovers Can Be Deadly

Rollover accidents comprise only a small percentage of all car crashes in any given year - the National Highway Traffic Safety Administration (NHTSA) estimates that roughly 2 percent of auto accidents in a year are rollovers. However, those accidents involved approximately 35 percent of all fatalities sustained in car crashes. Also, as many as 85 percent are single-vehicle accidents, meaning that very often, any liability lays on the driver’s head. Rollover crashes can be profoundly dangerous, as can be seen.

Rollovers have some of the usual car accident causes, such as speed, misuse of alcohol or other substances, or driver inattention - for example, the NHTSA reports that nearly half of fatal rollover crashes involve alcohol. However, some causes are more unique to rollover crashes - for example, many more sport utility vehicles and pickups roll over than standard sedans. In an SUV, the center of gravity is higher, and may not be as well balanced as a four-door or two-door car’s might be, thus allowing the vehicle to require less of a push to tip over.

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TX injury lawyerThe recent flooding along the Colorado River has impacted 18 different counties in Texas, including Williamson, Bastrop, and Travis counties. Many people in and around Austin have had to evacuate, losing personal belongings or sometimes their homes. Another problem seen in flooded areas is a host of automobiles either damaged or totaled, by rising flood waters or by accidents caused by weather. If you are injured in an auto accident in this type of weather, you may be entitled to compensation for the harm you suffered, if you can show that someone else’s negligence played a role.

Crashes Are Common

Because so few are truly prepared to handle floods on busy roads in Austin, several accidents always occur in heavy rainstorms. Standing water is always a potential issue, and if an area has not had a lot of rain before the onset of the storms, oil can build up on the pavement and make it more slippery. Speed is also a constant factor as well, especially since many drivers do not slow down in suboptimal weather. The end result can be severe - statistics from the U.S. Federal Highway Administration show that as many as 70 percent of all weather-related crashes happen on wet pavement, with an average of approximately 20 percent of all auto accident injuries occurring in rain.

This can sometimes be compounded by poor maintenance on the part of the Texas Department of Transportation (TxDOT) or local entities (depending on the road). Badly lighted or positioned signs, potholes, and unmarked standing water can be responsible for several accidents, and thus, for any injuries or fatalities sustained in those accidents. Either way, in a flood, it is eminently possible that whatever harm you come to may not be your own fault, and if someone else acts recklessly or negligently, they may owe you compensation for the harm you suffer as a result.

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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 lawyerStatistically, young drivers are among the most reckless, being involved in the most accidents of any age group. However, at Akins High School in South Austin, young people have been the victims lately. The student body has experienced multiple pedestrian accidents in recent weeks, with both occurring on the same road, in the same general area. While one pedestrian accident is a tragic accident, two or more occurring in the same place at roughly the same time may imply that a duty of care is not being met.

Texas Has Poor Record on Pedestrian Safety

Texas’ record in pedestrian safety is decidedly subpar, or at least it has been in recent years, though changes are being implemented slowly. In 2017, there were 614 pedestrian fatalities in the state, which is a drop of approximately 10 percent. However, the national total remained roughly the same, according to the Governor’s Highway Safety Association (GHSA)’s preliminary data. Only California and Florida reported more pedestrian fatalities in 2018 than Texas, which is a trend that has existed for a number of years now.

Certain initiatives to lower pedestrian deaths and injuries have begun to be instituted, such as Austin’s Pedestrian Safety Plan. These programs try to assess walkability of roads, effectiveness of traffic patterns and other urban planning issues to determine how the cities and towns they serve can be made safer for pedestrians. However, these plans alone may not alleviate all the potential trouble spots, and sometimes it may take legal action to identify areas where pedestrian accidents are most likely to happen.

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TX injury lawyerThe night of September 17 proved unlucky for a teenager trying to cross the intersection of Blanco Road and Parliament Street in San Antonio, as he was struck by a driver who ran the red light and then fled. The driver was later apprehended and charged, but the damage has still been done to the teenager, who was taken to University Hospital. As of this writing, no lasting damage appears to have been done, but hit-and-run accidents are still taken extremely seriously by San Antonio police, as they should be by every driver. If you have been the victim of a similar incident, you may be able to seek compensation for your injuries.

Leaving an Accident Scene Is Illegal

One of the most important things anyone can take away from this type of accident is that it is a crime to leave the scene of any accident that causes property damage or injury in Texas. Failure to stop after an accident that results in, or is likely to result in, injury or death is a felony in most cases, though if the injury is more minor, a misdemeanor may be assessed. Despite these stringent penalties, though, people, of course, do leave accident scenes, especially if they believe there is a possibility they will be able to escape without being stopped. The driver on Blanco Road fled the scene and was apprehended later, which added an additional count of failing to stop and render aid to the charges against her.

If the driver can be located, however, you may be able to bring suit against them for your harm suffered, even if they also face criminal charges. Under Texas law, a hit-and-run driver may be able to be sued for multiple types of damages, including medical bills, lost wages, pain and suffering (in certain circumstances), loss of marital companionship, and many other causes of action. This type of action is brought under a theory of negligence law, and if you can show that the driver was negligent (which should not necessarily be difficult, if they are arrested for failing to stop and render aid), compensation may be yours.

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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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