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TX accident lawyerOn the night of August 8, a visibly intoxicated woman in her 30s or 40s staggered into traffic on Bandera Road, being struck by a driver in a pickup truck who had been passing. He stopped to render aid, but she was taken to University Hospital with injuries that were described as ‘life-threatening.’ While in many situations, a driver who strikes a pedestrian will almost always be liable, it is cases like this where possible extenuating circumstances do exist.

The Basics

The average layperson tends to think that pedestrian accidents are usually the fault of the driver, as pedestrians are smaller, have less protection in case of an accident, and move at a far slower rate of speed. Indeed, sometimes such accidents are caused by drivers, especially in states like Texas that have the highest speed limits in the country (which in turn breed higher potential for distracted driving, reckless behavior and the like - all common causes of traffic accidents).

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TX accident lawyerAfter a crash involving a pedestrian on the afternoon of August 1, a driver has been apprehended on charges of failure to stop and render aid. A man died at the scene after another man’s car hit him while walking on the sidewalk near the corner of South First Street and West Ben White Boulevard. While the second man will face criminal charges, it is also likely that should the family of the deceased choose, he will also face a civil lawsuit for wrongful death.

Wrongful Death in Texas

Texas’ wrongful death statute holds that liability exists if someone’s death is caused by another person’s (or their agent’s) “wrongful act, neglect … or default.” In short, if Person A’s conduct rises to the level of negligence under the law, and that negligence causes Person B to die, Person A may be liable for wrongful death. To prove liability, one must show that (1) a duty of care existed between plaintiff and defendant; (2) that duty was breached; (3) the breach caused tangible harm to the plaintiff; and (4) that harm was done directly because of the defendant’s actions.

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TX accident lawyerA San Antonio police officer suffered non-life-threatening injuries when a car crashed into the vehicle he had pulled over on August 1. A driver coming up to I-10 W, between Huebner and Zavala, failed to slow down for the backup that inevitably results from a traffic stop and crashed into a car. The eventual chain reaction made it to the police cruiser, causing moderate injury to the policeman. While these types of collisions are rare, they do bring up interesting questions about who can be held liable for injuries suffered.

Each Situation Is Different

Chain reaction car accidents generally involve at least three vehicles, though, in theory, any number may be possible, especially on slick roads. Very often, the first car in the chain will be ruled at least partly responsible, because if they had been able to avoid the crash, it is argued that others might have been able to follow their example. However, this is not always the case. Sometimes another driver will be held to have been following too closely, or sometimes, the public agency that maintains the road (in this case, the Texas Department of Transportation) may not have adequately posted signage, or in some cases, the weather will be ruled to have caused the accident itself.

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TX injury lawyerRush hour on I-10 led to tragedy for a motorcyclist who lost control after one too many lane changes, as he was pronounced dead at the scene after being thrown from the vehicle. As far as possible, it was not theorized that anyone else was to blame for the crash. Sadly, motorcyclists will occasionally drive in a reckless manner that can cause injuries or even fatalities to themselves and others around them, but sometimes accidents are caused by automobiles, as well. If you have been injured in a motorcycle accident due to someone else’s conduct, you may be entitled to compensation.

Riding Can Be Dangerous

Texas accident statistics show a grim trend for motorcyclists. To be sure, 505 fatal crashes occurred in 2017, up from 501 in 2016 and 458 in 2015. The majority of all motorcycle accidents occur in urban areas, contrary to popular perception - in Texas, the top five most hazardous metro areas for cyclists were Houston, San Antonio, Austin, Dallas and El Paso, with these five making up a majority of the motorcycle accidents in the state for that year. Generally, motorcyclists are 27 times more likely nationwide to be killed in an accident than drivers and passengers in cars or trucks.

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Posted on in Car Wrecks

TX injury lawyerOn July 15, an unusual accident occurred in the 3500 block of I-35 in North Austin. A man was driving a sedan down the road when he collided abruptly with the back of a trailer. He later died of his injuries at Dell Seton Medical Center. While this appears to have been nothing more than a tragic accident, it is noteworthy because accidents like this do happen, and sometimes people are not liable - but sometimes the unusual nature of the accident does not insulate them from liability.

Negligence Cases and Criteria

Most of the time, when auto accident cases occur, they are brought under a theory of negligence law. In order to hold a defendant liable for negligence, four criteria must be established. You must show that a duty of care exists between motorists sharing the road. You must show that the defendant’s conduct breached that duty and that it was the direct cause of any harm that you suffered (you must also show that you did indeed suffer harm as a result of the defendant’s actions, as opposed to merely being shocked or scared).

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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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