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T accident lawyerIn a recent accident on Marbach Road and Harness Lane in San Antonio, a man was involved in a collision after running a red light and was thrown from his car, suffering a broken arm. The other driver left the scene without stopping and was later apprehended by the police. This accident brings up important questions related to negligence in Texas hit-and-run accidents and the ability of victims to pursue compensation.

Texas Hit-and-Run Accident Laws

Under Texas law, a driver involved in an accident is required to stop and return to the accident scene, provide contact and insurance information to the other driver, and provide reasonable assistance to anyone who needs medical attention. Failure to stop can result in misdemeanor charges for accidents resulting in only damage to the vehicle, and felony charges for accidents resulting in injuries or death. However, if you have been injured in a hit-and-run accident, you will need to file a civil lawsuit against the other driver in order to receive compensation from him or her.

Challenges of Obtaining Compensation After a Hit-and-Run Crash

One challenge for victims seeking compensation is that it may be difficult to identify and locate the driver who fled the scene. In many cases, law enforcement officers are able to find and arrest the other driver sometime after the accident, but in other cases, you may need the assistance of an attorney who can initiate an investigation. If you are unable to locate the other driver, your best option for compensation may be to file an uninsured/underinsured motorist claim through your own insurance policy.

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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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b2ap3_thumbnail_bike-crash_20190816-184148_1.jpgOn the night of July 21-22, a bicyclist was struck by a driver at the intersection of Brady Blvd and Driftwood Street, causing a lacerated spleen and other significant injury. The driver did not stop to render aid, but the bicyclist was taken to University Hospital, where he is in stable condition as of this writing. If the driver is located, they may face serious legal issues in both the criminal and civil arenas. If you have been injured in a hit-and-run crash, know that you may be able to seek compensation from the person who struck you.

Hit-And-Run Crashes Are Common

Unfortunately, hit-and-run crashes occur with regularity in Texas. It is not unusual for a driver to make a mistake, get spooked, and try to flee the scene. However, if they do this, the victim of their negligence may have no way to get their medical bills paid. Texas law is on the side of the victim, and allows them to bring suit under a theory of negligence in addition to any criminal penalties that might be assessed.

If you were involved in an accident and you were injured due to another person’s negligence, you have the right to try and seek compensation. Texas law allows an injured person to potentially recover even if you are held partially responsible - for example, the bicyclist in the Brady Blvd accident was alleged to have ignored the stop sign, which might result in his being found partially at fault.

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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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