Posted on July 26, 2018 in Uncategorized

On the night of July 9, a man was crossing Potranco Road when he was struck in the crosswalk by a pickup truck, which then drove away without stopping to render aid. Such action is a crime in Texas, but it can also be grounds for a civil lawsuit, depending on the nature of the specific situation. If you have been the victim of a hit-and-run accident, you may be entitled to compensation for your medical bills, but obtaining it can be difficult without the right attorney.

Leaving the Scene of an Accident

Despite the law criminalizing the failure to stop and render aid (FSRA), many drivers who do this still wind up leaving the scene, for a variety of reasons, not least of all the fear of potential consequences. Others may be intoxicated or under the influence of another type of substance, or be in some other type of state that makes them unaware they struck a person at all (this is not a defense to a charge of FSRA, but it does occur). Regardless, many hit-and-run drivers are not found immediately, which can be a problem for the police and in some situations, may actually delay the victim’s ability to obtain medical care, if the accident occurs in a rural area.

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 Posted on July 24, 2018 in Uncategorized

On July 4, a massive crash sent three people, including a child, to the hospital as an SUV making a left turn onto East Cheryl Drive pushed a sedan into a light pole. The sedan driver was pronounced dead at the scene, while the other driver and two passengers were taken to nearby hospitals. While as of this writing, no charges have been filed, it is very possible that the SUV driver could face a wrongful death suit if they are fortunate enough to recover from their own injuries.

Wrongful Death in Texas

Texas has a very comprehensive wrongful death statute, allowing for two different possible causes of action, depending on the nature of the death involved. A wrongful death action is a claim in negligence law that is brought against the person alleged to have caused the death, for actual damages and in rare cases, for what are called exemplary or punitive damages. Actual damages are damages that stem directly from a death, such as loss of companionship or quality of life, general mental anguish, medical or care bills, and funeral expenses.

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 Posted on July 19, 2018 in Uncategorized

A young man was killed on July 3 when he took a curve too fast on his motorcycle and hit a light pole on Dessau Road, just inside the Pflugerville city limits. The motorcyclist was unable to stop in time and was thrown when his bike hit a curb. This is sadly common in Texas, where motorcycle accidents occur with regularity for a multitude of reasons. However, depending on the situation, it may be possible to hold someone liable in a motorcycle accident, even if it only officially involves a single vehicle.

“Single Vehicle” Accidents Are Often Not

Statistics from the National Highway Traffic Safety Administration (NHTSA) show that riding a motorcycle is an inherently dangerous activity – per mile driven, motorcyclists have a death rate 26 times higher than that of automobiles. In 2016, the most recent available data year, the NHTSA showed 4,853 motorcyclists killed, 2,190 in single-vehicle accidents (approximately 45 percent). However, in this metric, single-vehicle accidents are defined as crashes in which only one vehicle sustains damage. This does not cover the accidents in which another vehicle may have played a role, but managed to get away – for example, a car swerving in front of a motorcyclist or not seeing a motorcyclist in their lane until too late might conceivably have caused the accident, but it would still be classified as a single-vehicle accident for tabulation purposes.

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 Posted on July 17, 2018 in Uncategorized

In early June 2018, Austin-Travis County EMS responded to an accident on US 290 which killed one man. An 18-wheeler and one vehicle were involved; Austin police surmised that the automobile collided with the big rig as both were at an intersection with a traffic light, killing the driver of the car. The driver of the 18-wheeler was treated for minor injuries. This accident is perhaps remarkable in that many times, it is the truck driver who winds up being at least partially culpable for injuries, but this does not appear to be the case here.

Truck Accident Statistics and Causes

The Insurance Institute for Highway Safety (IIHS) reports that approximately 4,000 people died in crashes with big rigs in 2016, but the truly noteworthy statistic is that of that number, roughly two-thirds (66 percent) of the fatalities were occupants of cars or sport utility vehicles, with only 17 percent being truck occupants. Also, most of the occupants of large trucks who died in crashes were killed in accidents with other trucks, not with smaller vehicles. Automobiles simply do not have the same level of protection as large trucks do, and their occupants will often suffer the differences. An impact that might be minimal with another automobile can be potentially devastating when there is a big rig, with two to three times the weight behind it, on the other end.

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 Posted on July 12, 2018 in Uncategorized

It is generally always considered dangerous and deadly for a pedestrian to try crossing I-35 on foot. However, on the morning of June 19, a man aged 25-30 was struck and killed as he tried to do just that. The car that struck him contained two police sergeants who were on their break, which may have potential implications if the deceased person’s family were to decide on bringing suit. At very least, it would open the San Antonio Police Department (SAPD) up to potential liability. If you lose a loved one in an auto accident, it can feel overwhelming as to how best to proceed, but cases like these are often instructive.

Pedestrian Accidents in Texas Are Common

New preliminary data from the Governors Highway Safety Association (GHSA) shows that being a pedestrian in U.S. metropolitan areas is more dangerous than it has been in a long time, with approximately 6,000 pedestrians being killed by accidents with vehicles in 2017. Texas’ count was approximately 260 deaths, which ranks 13th in the country, and while this is slightly better than in the past, it is nonetheless sobering. Texas, California, Florida, New York and Arizona account for approximately 45 percent of the nation’s pedestrian fatalities, despite comprising only 30 percent of the country’s population. This accounts for a higher proportion of vehicle-related deaths than it has in the last 33 years.

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 Posted on July 10, 2018 in Uncategorized

Three people were killed on the evening of June 15 when a car veered into the wrong lane of RR12 near Bexar County, striking two vehicles in rapid succession. The driver of a Nissan Titan and the driver and passenger in a Lincoln MKX were pronounced dead at the scene, with the driver of a Chevy Traverse being treated and released from South Austin Medical Center. Unfortunately, these stories are all too common in wrong-way collisions, as front-end car crashes are some of the most deadly, with severe injuries and fatalities more common than people surviving unscathed. If you have been involved in a wrong-way or other front-end crash, you may be entitled to compensation for your suffering.

Frontal Collisions Are Deadly

Statistics from the Insurance Institute for Highway Safety (IIHS) show just how dangerous frontal collisions can be – in 2016, the most recent year where data is available, as many as 54 percent of passenger vehicle fatalities happened in frontal collisions, including wrong-way crashes. The next highest percentage of fatalities in single-vehicle accidents was rollover, but the percentages in that category are markedly lower, coming in around 35 percent for most of the fatality categories. If one examines multi-vehicle accidents, one can see that front-end collisions are still the most deadly, but the second most dangerous type was side collisions. Given the prevalence of T-bone and sideswipe crashes, this is perhaps to be expected.

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 Posted on July 05, 2018 in Uncategorized

June 13 saw a big rig overturned on westbound I-10, right at the exit to northbound Loop 1604, blocking traffic for miles. While no injuries were reported in this incident, and the road was ultimately cleared later that evening, 18 wheelers overturn to a degree that can be considered common, and it can very often prove disastrous if automobiles are caught in these troubles. Truck accidents claim a higher proportion of lives than standard car accidents do, simply because there is more weight involved in the crash.

Texas Statistics on Truck Crashes

If one examines the most recent available statistics regarding Texas truck crashes, one can immediately see that the fatalities are high, with only passenger vehicles (cars, pickups, and SUVs) and motorcycles having comparable numbers. While the high numbers of traffic deaths in passenger vehicles can at least partly be explained by sheer numbers on the roads, only motorcycle related and big rig related accidents (truck-tractor and semi-trailer trucks) have such disproportionately high fatality counts.

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 Posted on June 27, 2018 in Uncategorized

Texan summers are legendary for their heat, but what many people are unaware of is that summer is the deadliest season of the calendar in most years. Temperatures and weather can actually have an adverse effect on automobiles, causing damage or even injury, and inexperience and emotions can run high in the summer weather. Being extra careful can help minimize your risk of auto accidents on hot Texas roads.

Maintain Your Vehicle

Ensuring your car or truck is in good working order can go a long way toward lowering risk. Car parts like rubber hoses can become cracked or ill-fitting, which can lead to serious car trouble like leaking fluids or engine issues, and in extreme situations can lead to a loss of power steering or brakes. Tires are another item on a car that very commonly fail or become run-down in summer, which can be a problem if they blow out, or if they become worn down you may be more likely to hydroplane on wet pavement.

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 Posted on June 25, 2018 in Uncategorized

On the night of June 10, a single-vehicle crash on FM 476 near Somerset in Atascosa County cost a young man his life when his car rolled and wound up in a ditch near the side of the road. While there was no indication at the time that alcohol or other substances were involved, investigators did not rule it out, but either way, single-vehicle crashes, especially of the rollover variety, are commonly deadly even without substances in the equation.

Multiple Causes for Crashes

Rollover accidents of all types are far and away the most dangerous type of car crash. Only around 2 percent of all auto accidents in the most recent available data set are rollovers, but those accidents accounted for approximately 35 percent of all crash fatalities. If one examines the statistics on the fatalities themselves, one can also see that single-vehicle rollovers are far more deadly than multiple-vehicle accidents of the same type; the Insurance Institute for Highway Safety reports fatality rates for occupants in single-vehicle rollovers at an average of 31 percent of all crash deaths, while the percentage for vehicle occupants in multiple-vehicle rollovers is only 2 percent.

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 Posted on June 20, 2018 in Uncategorized

On the night of June 7, a man was struck by a driver in an extended-cab pickup truck near US 183 and Lava Hill Road, sustaining severe to life-threatening injuries in the incident. While he was taken to the hospital, the driver of the pickup fled the scene and as of this writing, has not been located. If this happens to you or to someone you love, it can be important to bring suit against the driver (if they can be located), so as to ensure that your medical bills can be covered.

Sharp Rise in Pedestrian Deaths

Texas has a problem in effectively protecting its pedestrians. Statistics tabulated by the Texas Department of Transportation (TxDOT) show a 21.5 percent rise in pedestrian deaths in auto accidents between 2015 and 2016 (the most recent available data), which is a higher rise than average in most states. Texas posted the second highest number of pedestrian fatalities in 2016, with only California experiencing more.

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