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Posted on in Truck Wrecks

TX accident lawyerRecently, a semi-truck overturned on I-10 near Culebra Road, spilling its cargo of wooden boards out onto the roadway. Law enforcement closed several lanes of I-10 at I-35, ensuring that no one had the opportunity to drive over the cargo while the accident - and the boards - were cleared. While as of this writing, no one appears to have been injured in this accident, it is important to be aware that accidents happen due to improperly secured or loose cargo with regularity. If you are unfortunate enough to be injured in this type of accident, it can be difficult to determine how best to proceed.

Stakes Are High

Accidents involving road debris are much more common than one might think. A 2016 study from AAA’s Foundation For Traffic Safety estimates that approximately 200,000 accidents occurred between 2011-2014 where road debris was a factor, with roughly 500 deaths occurring and almost 40,000 personal injuries. While many factors might play into how an accident happened, the fact remains that road debris can turn a mild accident into a bad one, and it means drivers must be aware of their surroundings at all times.

In general, most state laws hold that no vehicle can drive on a public road if their cargo is not properly secured, because of the potential danger that they would pose to the public. More specifically, federal regulations govern the securing of cargo, and failure to abide by them can lead to serious fines and license suspensions. This is on top of possible civil and criminal liability if the accident is serious enough. The driver of the truck that overturned on I-10 has all this to worry about on top of potentially incurring his own injuries.

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TX car accident attorneyA crash on August 13 has highlighted the potentially dangerous situation on Cameron Road and US-183, as a family of four was hospitalized after a car struck them as they crossed. This is not the first accident in this area, as three KIPP Texas Public Schools occupy a short stretch of Cameron Road, but traffic is constant and often very fast. In this type of situation, it is possible that the community or other entity responsible for road zoning and maintenance might wind up being liable for someone’s injury.

Finding Liability

Because so many schools are on Cameron Road, parents and school administrators have tried to lobby the city to mark the area as a school zone, so that drivers have some warning that pedestrians are common, as well as being required to lower their speed. However, the city has refused, stating that not enough children walk to class to warrant a school zone placement. They also point to the fact that the area is not zoned as residential. Yet the accidents keep happening.

It is possible in Texas to recover in civil court for injuries sustained due to poor road maintenance or oversight. However, it can be difficult to determine whether a governing entity (whichever agency maintains roads, such as a village board or the Department of Transportation) can actually be held liable or not, depending on the type of suit you choose to bring. You can bring suit under a theory of premises liability, or a theory of general negligence.

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TX wrongful death lawyerOn the night of August 14, a man was trying to cross I-37 N between Cesar Chavez Boulevard and Florida Street when he was struck by a 2012 Kia Optima. Afterward, he was then struck by more vehicles in quick succession and later pronounced dead at the scene. While law enforcement currently do not anticipate charges being filed in the man’s death, it is still possible that his family may choose to file wrongful death charges in civil court. If you have been unfortunate enough to lose a loved one in a traffic accident, this may be an option for you and your family to try and recover some of the expenses incurred.

Establishing Negligence

Everyone passes away eventually, but if you lose a loved one suddenly, it can be devastating. Losing someone due to another person’s recklessness or negligence is something that no one should have to deal with. A wrongful death claim in Texas hinges around establishing that your loved one’s passing would not have occurred but for the negligence of the defendant, and that had they lived, they would have had cause to bring their own lawsuit against the defendant for the injuries they incurred.

For example, if one looks at the I-37 N accident, it can be argued that the man’s family could bring a wrongful death suit against the driver of the Optima because had the Optima not struck him, the man might have lived. Also, had the man survived being struck by the Optima, he would conceivably have been able to sue the driver for his injuries. This does not necessarily mean that the suit would automatically be successful - but the factors would all be present that would allow either the man or his family to sue.

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b2ap3_thumbnail_motorcycle_20190816-184819_1.jpgOn the evening of August 8, a man was thrown off his motorcycle as he collided with another vehicle on northbound U.S. 183. He was transported to Dell Seton Medical Center with serious injuries, but as of this writing is expected to recover. Law enforcement has few details, but it is easy to wonder about the nature of the accident. Motorcycle riding is a dangerous hobby, but at the same time, if someone acted negligently, the injured man may have a good claim against the driver of the vehicle that struck him. If you are ever involved in an accident on your motorcycle, you should know that you have just as many rights as the driver of an automobile.

Motorcycling Can Be Dangerous

Texas has approximately 381,000 motorcycles registered in the state, and it is extremely common to see motorcycles on Texas roads. While most riders are scrupulously cautious and do everything they can to protect themselves while riding, what many non-riders are not aware of is that even if all precautions have been taken, motorcycling is markedly more dangerous than riding in a car. The National Highway Traffic Safety Administration (NHTSA) estimates that a motorcyclist is 28 times more likely to die than a vehicle driver or passenger, should an accident occur.

Many hear that statistic and think that motorcyclists do not take effective precautions, or that such a dangerous hobby means accidents are unavoidable. However, much of the reason for the heightened danger inherent in riding is simple physics: a motorcycle rider does not have as much as a vehicle driver or passenger to protect them should they suddenly be in an accident involving huge amounts of force. The damage from an accident that can feel minor to an auto driver can be severe to a cyclist.

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Posted on in Personal Injury

b2ap3_thumbnail_train.jpgTravelers on the morning Amtrak train from San Antonio to Houston on Friday, August 2 received an unpleasant shock when their train hit a pickup truck coming out of a private drive on FM 78. According to law enforcement, no one on the train was harmed, but the driver of the pickup truck was killed. The train could not stop immediately, but did eventually halt so that law enforcement could process the scene. Train accidents are very rare, thankfully, but they do happen in Texas, especially in the Houston-San Antonio corridor where the tracks can be extremely busy. If you have been involved in a train accident, and you believe the train was operated negligently, you may be able to try and seek compensation for your injuries.

Train Accidents Are Devastating

Train-car crashes are not always fatal, but often are. Those who survive are left with serious medical bills for a host of injuries, from broken bones, cuts, and bruises to whiplash and traumatic brain injuries. The Bureau of Transportation Statistics does not include highway-grade rail crossing accidents in their annual tally, but even without them, one can see that there are hundreds of train-related injuries and fatalities each year.

The causes are many, though most have to do with either carelessness on the part of the train operator or on the part of the auto driver. The most common examples include:

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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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