The Bettersworth Law Firm


Call Us830-606-0404   888-392-0039

New Braunfels San Marcos San Antonio Sequin Austin
Subscribe to this list via RSS Blog posts tagged in new braunfels wrongful death lawyer

TX accident lawyerRecently, a 73-year old woman was struck and killed in a Wal-Mart parking lot in Cedar Park, in what law enforcement called a slow-speed accident. No one else was injured, and no charges appear to be pending against the driver at this time. However, the woman’s family may decide to file wrongful death charges against them, if there is reason to believe that the driver’s actions were negligent.

You Must Act Fast

Not every sudden death in Texas can be classified as wrongful, or even every fatality that happens in an automobile accident. Wrongful death is defined in Texas as a death that occurs due to the “wrongful act, neglect, carelessness, unskillfulness or default” of another person. In other words, a person has to have acted wrongly or with not even the barest level of care toward other people in order to be found liable for wrongful death. This is not an easy standard to meet, but it is very possible to do so.

Very often, it is difficult for a family to be able to process their loss. While this is, of course, understandable, it is important to also be aware that there is a specific window of time in which you are able to bring a wrongful death suit - in Texas, the limit is usually two years after the deceased person’s passing. The law sets the limit at two years because any longer would mean witness memories start to disappear, and evidence may become lost or decayed.


 TX injury lawyerThe Texas Department of Transportation (TxDOT) issued a statement on November 7, 2018, stating that it has officially been 18 years - since November 7, 2000 - since the last death-free day on Texas roadways. This is a statistic that is unique to Texas - no other state has posted so many consecutive years without a death-free day, for several different reasons. It can be frightening to hear such a statistic, but there are ways that you can give yourself the best chance to avoid being in an accident while you travel in Texas.

Minimize Distracted Driving

One of the most often seen factors in fatal road accidents is distracted driving, whether texting or other types of behaviors. Statistics report that roughly one in five accidents on Texas roads involves distracted driving, with over 3,000 fatalities and serious injuries reported in 2017 related to this specific type of car crash. It is very easy to imagine that you will somehow avoid the potential negative consequences, but over time, the odds catch up with everyone. If you cause an accident while you are driving distracted, you could wind up being held liable for the injuries you cause, and that can add up, even with insurance.

Be advised that Texas passed a law in 2017 making texting while driving (including reading, writing or sending a text message) a traffic violation. This may, in some cases, leave you open to a claim of negligence per se, which can increase your liability. Normally, in order for a plaintiff to hold a defendant liable for their injuries, they must show that they breached the duty to exercise reasonable care and that the harm they suffered was caused directly by the plaintiff. In cases where it can be shown that the defendant broke a law and harmed a member of the class designed to be protected by that law, such as the general populace under a texting-while-driving ban, negligence per se is often assumed, meaning that a breach of the duty of reasonable care can be inferred and does not have to be proven.


Texas wrongful death lawyer, Texas motorcycle crash lawyerIn early June 2017, , a man was killed when his motorcycle was hit by a truck on FM 973 in Austin. His passenger was injured, but her unborn child did not survive. The driver of the truck that hit him was later charged with intoxication manslaughter, which may rise to two counts after the fetus was declared no longer viable. This is a sad yet common story in Texas, but it nevertheless reflects just how dangerous motorcycling can be even when one does everything right.

Statistics Show Significantly Higher Risks

The most recent available data from the Insurance Institute for Highway Safety (IIHS) shows a slight uptick in motorcyclist deaths from the previous year at 4,693. That constitutes approximately 13 percent of all traffic fatalities in 2015, which is more than double the amount seen a decade before. One notable trend is that almost two-thirds of the fatalities were sustained in multiple-vehicle crashes, which is slightly higher than previous years, but roughly in keeping with trends.


Posted on in Motorcycle Wrecks

Texas accident attorney, Texas injury lawyerOn Saturday June 10 around 4 p.m., a pickup truck drove into oncoming traffic on F.M. 973 and collided with a motorcycle. The driver of the motorcycle was pronounced dead at the scene and the pregnant female passenger, who had been thrown from the bike, was taken to a local hospital. The child did not survive and the woman remains in critical condition. The driver of the pickup truck who caused the head-on collision has been charged with intoxication assault and intoxication manslaughter. If the woman recovers, she may have the right to hold the at-fault driver responsible for her injuries and the loss of her child’s life.

A Personal Injury Claim Following a Motorcycle Accident

After a motorcycle accident caused by another driver or bike, the injured victims have the right to seek compensation through a personal injury insurance claim or lawsuit. Most auto accident injuries are resolved through an insurance settlement. The injured party files a third-party claim against the at-fault driver’s insurance policy. After the insurance company investigates the crash and the claimant provides evidence of his or her injuries, then the insurer will often offer a settlement. The claimant can work with an attorney to negotiate a fair settlement amount.


Texas accident attorney, Texas injury lawyerToward the end of March, a white Dodge pickup truck collided with a bus full of members of First Baptist New Braunfels church on U.S. 83 in Uvalde County. Thirteen people were killed. While the National Transportation Safety Board is investigating the crash, it has been reported that the truck driver admitted to texting while driving. There are also eight 911 calls from other motorists who reported the truck driving erratically prior to the crash. One caller described the truck as swerving into other lanes, including lanes of oncoming traffic, for approximately 20 minutes before the deadly crash occurred. If it is true that the driver was texting at the time of the crash, then this is a tragic reminder of the dangers of distracted driving.

National Distracted Driving Awareness Month

As April is National Distracted Driving Awareness Month, it is appropriate to look at the dangers of paying attention to other things while behind the wheel instead of only driving. The Texas Department of Transportation (DOT) reported there are more than 100,000 traffic accidents because of distracted driving every year. The U.S. Centers for Disease Control and Prevention (CDC) estimates 1,161 people are injured and eight killed in distracted driving crashes every day. The National Highway Traffic Safety Administration (NHTSA) reported 3,477 lives were lost in 2015 due to distracted driving.


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

Texas Trial Lawyesr Association State Bar of Texas San Antonio Trial Lawyers Association
Back to Top