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Bicycles can be excellent forms of transportation for those with daily commutes. Particularly in urban areas, bikes promote a healthier lifestyle and are better for the environment. As with any form of transit, however, safety is always a concern. Traffic accidents involving bicycles almost always cause injuries. When an accident does occur, drivers and cyclists might wonder who is at fault. They also might question if the incident could lead to a lawsuit. The truth is that every case is unique, which is why it is often helpful to speak with an attorney. Under Texas law, bicycles are considered to be vehicles. According to Bike Texas, this implies that a cyclist must obey all stop signs, traffic lights, and conventional traffic laws as other motorists. Bikes generally have the right-of-way, which may be something other drivers may not take into consideration when sharing the road. General Traffic Law A busy intersection can be just as dangerous for a cyclist as it is for other drivers. These are often the sites of collisions. Though the details of each case are unique, the person with the legal right-of-way is not at fault, generally speaking. For the most part, regardless of whether they are bikes or cars, vehicle on the right-hand side have the right-of-way. The only exception to this rule is in cases involving major streets that intersect with smaller, minor ones. In such matters, traffic on the major street is considered to have the right-of-way. There are some exceptions to these rules depending on the type of intersection and the overall flow of traffic. Some Considerations in an Accident It is never a smart idea to leave the scene of an accident. Such a decision can make the situation worse for the at-fault party. Instead, it is best to exchange insurance information and to wait until the police arrive if you are involving in a car accident involving any other vehicle, but especially in the case of an accident with a cyclist. Also, it is important for all parties receive medical attention. Often, injuries are not immediately noticeable, but a physician may be able to identify issues that could require expensive treatment. The physician’s report may be a critical piece of evidence during a lawsuit. If you have recently been involved in an accident and wish to speak with a New Braunfels accident attorney, contact the Bettersworth Law Firm at 830-606-0404.
The guardrails that line major road roads across the country are supposed to act as safety barriers that reduce the risk of injuries in vehicle accidents by absorbing the impact of the vehicle and slowing it down. The guardrail ends are designed to hold the rail together during the impact of a crash so the metal rail does not impale the vehicle – or the passengers inside it. But one type of guardrail is being blamed for at least four deaths and multiple injuries, according to lawsuits that have been filed in several states. The state of Nevada has even gone so far as to remove the ET-Plus end terminal model of guardrail from its approved list of products. The original model had a guardrail head that was five inches wide. In 2005, Trinity Industries, manufacturer of the product, changed the width to four inches, and at the same time also made the feeder narrower. According to the lawsuits that have been filed, this change to the design causes the guardrail to not work properly. Compounding the issues for the manufacturer is their failure to notify the Federal Highway Administration (FHWA) of the design change, which they were required to do by law. Trinity argues that the change was done on the recommendation of Texas A&M Transportation Institute researchers who had designed the original product. The company claims the reason why the government was not notified of the change until seven years later was because the researchers “inadvertently omitted” the design drawing that indicated those changes. Several victims of the crashes have been impaled by the guardrails, including one 24 year-old driver who had both legs severed when a guardrail impaled the bottom of his vehicles. That victim did survive the crash. If you have been injured in a vehicle crash and have received those injuries because of defective or malfunctioning product, contact an experienced San Antonio personal injury attorney to find out what compensation you may be entitled to for pain and loss.
According to the Chicago Tribune, a 40-year-old Steger woman who allegedly drove over her child in Crete Wednesday evening was booked into the Will County Adult Detention Facility today on two counts of aggravated DUI. Yvette Y. Guerrero-Silva of the 400 block of Richton Road is charged with aggravated DUI leading to the death of another - a Class 2 felony - and aggravated DUI causing injury to another - a Class 4 felony. Bond was set at $1 million, police said. Crete police said Guerrero-Silva was backing out of the driveway of a family business on the 1100 block of Main Street around 7:10 p.m. Wednesday when the vehicle rolled over Holly Silva, causing massive head injuries to the 19-month-old, who had been playing in the immediate area. Responding paramedics transported Holly to St. James Hospital and Health Centers in Chicago Heights, where she was pronounced dead at 7:41 p.m., according to the Cook County medical examiner's office. An autopsy Thursday determined she died of multiple injuries, and her death was ruled an accident. Paoletti, in a prepared statement, said Guerrero-Silva admitted at the scene to consuming several alcoholic beverages just prior to the accident. Initial results of a blood test at St. James Hospital indicated her blood-alcohol content exceeded the state maximum for driving, he said. Paoletti said additional charges were expected, pending results of toxicology tests. If convicted of the death-related charge, Guerrero-Silva could be sentenced to up to seven years in prison. The injury-only charge carries a sentencing range of up to three years in prison. If you or someone you know has been injured, you can bring personal injury charges against them with the help of a personal injury lawyer. Only an attorney can provide legal advice. Instead of going through your case alone, contact a dedicated New Braunfels injury attorney for help.