Liability Risk of Loaning Out Your Car

Every now and then, we get to hear the words “please can I borrow your car for a few hours” from close friends, family members, and sometimes neighbors. At that point saying no becomes really difficult, especially if the person happens to be really close to you and have somewhere important to go.

But, loaning out your car to that one person may cause you a huge loss. So sometimes, no matter how urgent the situation may be, it is always wiser to say no because there is some liability risk that comes with it.

Read on to discover what liability risk is involved in loaning out your car.

 

The insurance

Lending out your car to your friend or loved ones means you have given them your insurance alongside your car. And this has a great consequence. In a situation that an accident happens along the line which happens to be the fault of the person driving your car, you will be held responsible. First, it is most likely that your insurance company might not be willing to respond to such a claim. Second, your insurance premium will skyrocket and you will have to pay even when you are not at fault. You will also be left with no other choice than to take up the financial liabilities.

 

Driving reputation

Lending out your car also means your driving reputation is at stake. If the person driving your car happens to get a parking ticket or breaks any driving rules, then there is a dent to your good driving. If the person gets himself into a streetcar racing, then you will face the penalty.

 

Liability as to the owner

If your friend or whosoever borrowed your car for few minutes happens to run into someone or crashes into someone else’s car, you as the owner will be held liable for whatever follows afterward.

 

Legal problem

The case involving your car might be extreme and might land you in jail for something you have no knowledge about. How can you prove your innocence at this point? Or how can you prove that you are not an accomplice to the crime? You need to be well prepared to face any legal action if your car was located at a crime scene.

 

Conclusion

No one is saying you shouldn’t lend out your car, but we are only trying to open your eyes to the liability risk involved if peradventure something goes wrong. You stand a chance to face all of the things listed above and you can even go as far as losing your car. Furthermore, if it happens to be your teenage child who was caught driving drunk in your car, you will pay a huge price. So think wisely and properly of the risk involved in loaning out your car, before you lend it out.

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Slip and Fall Insurance Claims in Texas

Slip and fall injuries; most especially when you slip and fall on someone else’s premises; is a serious issue that could get legal in most states. This is as a result of the term known as ‘’premises liability” which binds a property owner to ensure that all guests are kept safe when visiting premises.

 

According to Injuries; ‘’Premises Liability is a set of rules that entail that a property owner must take certain measures that make sure that their property is safe for visiting guests.’’

 

And in a place like Texas, these rules are taken seriously to the extent that a property owner can be held responsible when a slip and fall occurs on his grounds; and the victim (the guest) can file a premises liability insurance claim against the property owner.

 

But for the guest to successfully file for an insurance claim and win; some factors are taken into consideration before the slip and fall insurance claim can be pursued and won by the plaintiff (the guest).

The Factors Considered In A Slip And Fall Insurance Claim

Was there a breach in the premises liability rules by the property owner?

 

This is one of the factors that are considered during a slip and fall case, as every property owner in TX is mandated to make sure that their property is safe for guests.

 

But if any property owner is found guilty of not following the premises liability rules and ensuring that guests are shielded from slip and fall and other accidents on their property; the injured guest can hold the property owner responsible.

 

Classification of the guest

In a slip and fall case, guests are classified into three categories; invitees, licensees, and trespassers. The category the plaintiff falls into will determine if he/she is liable to win the insurance claim.

If the guest was an invitee (someone who was on the property with the owner’s permission and who was there for the mutual benefit of both parties), they have the right to win the insurance claim. If the guest was a licensee also (someone who was on the property with the owner’s permission but for the guest’s sole benefit), the guest can also win the insurance claim.

 

But if the guest was a trespasser (someone who was on the property without the knowledge and permission of the owner), such a person can’t file or win the insurance claim.

The degree of the plaintiff’s injuries

The degree of the injuries suffered during the slip and fall is another factor the determines if the plaintiff in a slip and fall insurance claim can win. If the injuries sustained are much, and they result in the hospitalization of the plaintiff for a long period of time.

Also, if these injuries cause psychological/emotional pains to the plaintiff; then the plaintiff can file and win the insurance claim.

 

 

Not every slip and fall injury claim is taken seriously. In fact, so many insurance companies always try to find a way to sweep the complaints of slip and fall plaintiffs under the carpet; but once the plaintiff has valid evidence that tally with the factors listed above, they can easily file for an insurance claim and win effortlessly.

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Truck Driver Shortage Poses MAJOR Safety Risks

If you’ve recently sat in the comfort of your bedroom and ordered a product from an e-commerce site and wondered why the price for delivery is so high or why the last delivery took so long to get to you – It’s because there’s a shortage of truck drivers in the trucking industry.

This decline has been ongoing for over 15 years now and it’s a lot likely to get worse. In 2018, the American trucking associations released reports that highlighted several things:

1. The trucking industry is responsible for transporting more than 70% of freight volumes in the country
2. Over 800,000 new truck drivers are needed to cope with the demand in the industry
3. The average age of truck drivers is 55 years. As a result of this, new and young drivers are desperately needed to balance a large number of drivers nearing retirement.

 

Here’s where the big problem lies – the young drivers that are desperately needed aren’t interested in taking up truck driving jobs. The lifestyle of drivers (oftentimes staying on the road for a long time) isn’t appealing to millennials who would rather opt for alternative jobs with better appeal and pay.

 

Not to mention that truck driving is up there amongst the most dangerous jobs in the United States.

The effect of this fatigue in the trucking industry is a lot more than hiked delivery prices: lives are in danger with an increasing rate of truck accidents in the U.S.

 

Below is how the lack of truck drivers poses safety risks to the public.

1. Exhausted and Overworked Drivers: With fewer truck drivers in the U.S, there is a lot of pressure on the available guys to make deliveries – they spend an unhealthy number of days on the road and end up being overworked and exhausted. This increases the rate of truck accidents and puts other motorists in danger.
2. Incompetent and Underqualified drivers: A trailer loaded with goods will reach tens of thousands of pounds in weight. Expertise is needed to handle such a vehicle. Yet, due to immense pressure to move freight volumes, trucking companies are hiring below standard drivers to meet up with the demand. The risk that inexperienced drivers pose to other drivers cannot be overstated.
3. Negligence of Regulations: Since most truck drivers are constantly in a race against time to distribute goods, they will often time violate or completely ignore safety regulations that exist in truck driving – like taking mandated breaks, maximum hours to drive in a day, etc. All these put all the other drivers, sharing the road, at a huge risk.

 

The safety concerns that exist because of the shortage of truck drivers are almost endless. More work needs to be done to make the roads trustworthy again for people living in the U.S

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Injuries At School Sporting Events – Who Is Liable?

Sporting events are part of school life for kids. A lot of children look forward to it for the swell time they’ll have and the break it affords them from classes. We all hope for these sporting events be it Basketball, Swimming, Football, and other sporting activities to go well. things do not always turn out the way we’ve planned them and accidents can occur. Now in the case that an accident occurs, it can be very tricky deciding who is liable. Sport-related injuries often cost a whole lot to treat. This is why deciding who is liable is an important decision because this is who the bill falls to.

Some common sports-related injury that students are in risk of are listed below:

• Exhaustion and Fatigue
• Bone fractures and sprained joints
• Concussion or other head-traumas
• Severe paralyzing injuries like spinal injury

These are just a few off the list of injuries students can suffer during a sporting activity. It is imperative to state the difficulty in filing a lawsuit against a school when your child gets injured. It is difficult because the law assumes the participants are conscious of the ‘inherent risks’ linked with sporting activities. In other words, the law assumes participants know what they were getting into when they signed up for a sport. Some factors make it difficult to hold a school responsible for the eventuality of a child getting injured. Some of those factors are:

Public schools are shielded from liability for sports-related injuries. This is because they are regarded as a government agency.

Some schools get athletes to sign a waiver containing a release clause that exempts them from being liable for any injury that is regarded as an inherent risk of that particular sport. Schools are not allowed however, to waive risks that are not considered intrinsic to the sport.

 

There is a case that can make a school completely liable for a child’s sports-related injury. Even though schools are generally protected from liability for an athlete’s sporting injuries, they have a duty of care to students. If they are found in violation of this duty of care, they can be sued successfully. This means that if it can be proven that the school was negligent, they can be held liable for a child’s sports-related injury.

There is no direct answer to the question of who is liable in the case of a kid getting injured during a sports-related activity. An outstanding point, however, is that the law does seem to shield the school more, in which case, the child’s medical bills don’t fall on their account.

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Dog Bites and How to Handle the Accident

When dealing with dog bites, seeking medical help immediately is highly recommended; but what do you do before those few minutes or even hours it takes to seek the nearest medical attention? 

 

Move away from the dog

Once bitten by a dog, you should move away from the dog and stay somewhere safe to ensure you don’t get attacked by the same dog again. While locating somewhere safe, you can also control the bleeding at the same time.

 

Gently press the wound

You should press on the wound gently; doing this will result in some bleeding that will help to flush out as much bacteria from the wound as possible. Surface wound tends to heal fast and in the process, some bacteria might be trapped in. 

 

Clean the wound with soap and warm water

While cleaning the wound, you should also clean inside the affected area with soap. After this is done, be sure to rinse away the soap thoroughly to avoid further skin irritation later on. This can be done by simply placing the wound under a running tap and allow it run for like five to ten minutes. 

 

Dress the wound

After washing, gently press a clean piece of cloth over the wound. Also, you can apply some antibiotics on the wound, this is however not necessary. 

 

Stitch if necessary

Sometimes, dog bites wounds may require stitching. If the wound is so deep that the fatty tissues underneath the skin surface can be seen, then stitches are necessary to reduce possible scarring. It is however recommended that this should be carried out by a medical practitioner.

 

Check out for redness

While a bit of redness is normal after being bitten by a dog, it usually should not last for more than twenty-four hours. Anything longer than this and if it gets bigger, that is a clear sign of an infection and should be treated with urgency.

 

Visit the hospital

After a dog bite, you should see the doctor to get tested for some infections especially if you got bitten by a dog you know nothing about its rabies history. This will help to prevent and treat any possible infections.

 

While dog bites might appear seemingly slight and harmless, it is very important to get the appropriate medical treatment to prevent further complications.

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Types of Truck Accidents and Injuries in San Antonio

Thousands of large commercial trucks transport cargo through Bexar County and San Antonio each day. Texas is one of the 10 states with the highest average of fatal large truck and bus crashes in recent years, according to the Federal Motor Carrier Safety Administration.

If you have been injured in a collision caused by a tractor-trailer or semi, you will need the help of a knowledgeable truck accident lawyer to fight for full compensation to you. A San Antonio truck accident lawyer at Herrman & Herrman, P.L.L.C. can review the details of the 18-wheeler accident that caused your injuries and discuss your legal options.

If you have received a quick settlement offer from an insurance company representing the truck driver or trucking company, let our San Antonio truck accident attorneys help you determine whether it is a reasonable offer based on the projected cost of your injuries and other losses.

How Many Truck Accidents Happen in Texas?

According to the Texas Department of Transportation (TxDOT), fatal motor vehicle accidents across Texas in 2017 involved:

• 126 trucks
• 433 truck-tractors or semi-trailers
• 5 fire trucks
• 17 buses
• 8 school buses.

In Bexar County alone, there were 2,660 crashes involving trucks and buses in 2017. These involved:

• 8 fatal crashes with 8 deaths
• 69 suspected serious injuries
• 269 non-incapacitating injuries
• 650 possible injuries.

The 2,660 commercial motor vehicle accidents in Bexar County in 2017 represent one of every 20 motor vehicle accidents in Bexar County.

Recently, we discussed the most dangerous intersections in San Antonio. Our article cites a San Antonio Express News report with accident statistics for 26 intersections in San Antonio and Bexar County that were the site of anywhere from 40 to 216 collisions each in 2017.

Types of Truck Accidents in San Antonio

The Large Truck and Bus Crash Facts (LTBCF) is an annual report that contains statistics about fatal, injury, and property-damage-only crashes involving large trucks and buses. The latest edition lists the top causes of fatal truck accidents. They are:

• Collision with Vehicle in Transport: 74%
• Collision with Fixed Object: 9.2%
• Collision with Pedestrian: 7.4%
• Rollover: 4%
• Collison with Bicycle: 2.1%
• Collision with Parked Motor Vehicle: 0.9%
• Collision with Train: 0.3%
• Collision with Other Object: 0.2%
• Collision with Animal: 0.4%
• Jackknife: 0.3%
• Cargo / Equipment Shift or Loss: 0.2%.

Truck crashes can be caused by many factors, but driver error is the most frequent cause. Driver negligence that can lead to an accident includes speeding or driving too fast for traffic conditions, improper lane changes, tailgating and driving while dangerously fatigued. Truck drivers on long trips sometimes become inattentive or distracted, which can lead to a crash.

Large trucks and buses are more susceptible to rollover accidents because they are top-heavy. Typically, another vehicle hits a truck and knocks it over because it is on an incline and/or because the impact causes cargo to shift the truck’s center of gravity.

A truck driver also may turn too sharply and cause the truck to lose stability and rollover. In some cases, a trucker may collide with a guardrail, or uneven ground on the road shoulder and cause the truck to overturn.

A jackknife accident occurs when the cab and trailer of a large truck slide toward one another like a folding pocketknife. Drivers can jackknife their rigs if they lose traction by hitting the brakes too quickly, exceed safe speeds on slick roads or make a sharp turn.

Cargo can shift or spill if is not properly secured. The sudden change in the center of gravity caused by shifting cargo can send a truck out of control. Cargo that falls onto the road can hit other vehicles or cause crashes when drivers swerve to avoid it or hit the object in the road.

Can I Recover Damages After a Texas Truck Accident?

After a serious truck accident, the party or parties responsible for the accident may be held responsible through a civil lawsuit and compelled to compensate the injured.

Because of the commercial nature of truck accidents, there are multiple parties that may be liable for a truck accident. They may include the:

• Truck driver. A negligent driver and his insurance company may be held responsible for dangerous driving behavior such as speeding, inattention, improper lane changes, distracted driving, and spending too many hours behind the wheel without adequate rest.
• Trucking company. The motor carrier that puts commercial trucks and truck drivers on the road is legally responsible for the actions of employees and the performance of their vehicles. Truck companies often pressure drivers to meet unreasonable delivery deadlines that can lead to serious accidents involving drowsy drivers.
• Cargo handlers. Cargo in a truck may be handled by a shipping company responsible for loading it onto a trailer and securing it. While the truck driver is responsible for regularly checking cargo, if a problem with how the cargo was loaded and secured contributed to a crash, the cargo handlers may be liable.
• Truck mechanic. Truck maintenance may be outsourced to a third party, as well. A trucking company or truck’s mechanic may be liable for a mechanical failure that leads to a crash if it is due to faulty or delayed maintenance. Sometimes, motor carriers put off maintenance to save money, which would make the company liable.
• Truck or truck parts manufacturer. If the part or system failure that leads to a truck accident occurs because of the defective part or faulty design, the manufacturer may be held accountable for the accident through a product liability lawsuit.

Like the many moving parts in a big rig, there are many people that help to put a fully loaded long-haul truck on the road. When an accident occurs, one or more parties may be at fault. With a properly investigated legal claim, those parties that are liable can be made to compensate the injured.

Contact an Experienced San Antonio Truck Accident Lawyer

If you have been injured or lost a loved one in a truck accident in San Antonio or anywhere in Bexar County, contact our dedicated San Antonio truck accident attorneys at Herrman & Herrman, P.L.L.C. for help. Our truck accident attorneys have successfully handled thousands of injury cases.

The sooner we start working on your truck accident claim, the better we will be able to protect your right to recover full compensation. Contact us online or at 844-426-3000 for a free initial consultation.

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Whiplash Symptoms After a Car Accident

Whiplash is a common injury that happens after a car accident. It happens when there is a forceful and rapid movement on the head in a back and forth motion.

The symptoms usually come up within the first 24 hours after the accident. While whiplash is very much treatable and those affected just might get better in a few days, some cases of whiplash extend over time and the person affected might have to suffer neck pain for as long as they live.

Symptoms

The symptoms of whiplash can either be mild or strong, either way, they demand instant medical attention.

Mild symptoms: The mild symptoms of whiplash includes; headache (usually starts from the skull base, just a little above the nape), pain in the shoulder, pain in the upper arms, a stiff feeling in the neck, neck pain( especially when you attempt to move it). You might also experience a tingling sensation in the arm (this might be numbness, it depends), a feeling of tenderness when you touch your shoulders. There is a chance that you might feel dizzy or fatigued generally.

Stronger Symptoms

The stronger, rarer symptoms include a blurred vision, tinnitus( having a ringing sound in the ear), loss of focus, temporary loss of memory, loss of sleep, and depression. These symptoms might take a bit longer to the surface, but granted they will surface within few days of the accident. These symptoms show that the whiplash might be chronic and would require immediate treatment.

Whiplash might be more severe if the symptoms began to show immediately. If the pain goes from your neck to your arms rapidly and it comes with a headache, you might have a stronger case of whiplash than expected and you need to call 911 immediately to get the medical care you need.

While some of these symptoms seem mild and like they would go away, they will not in most cases, and if you start experiencing any of these symptoms, no matter how mild, within the first 24 hours after a car accident, see a doctor immediately.

It is however advised that you see a doctor immediately after an accident and stay under supervision for at least 24 hours to sure there are no critical conditions in need of medical attention. This gives them a chance to start treatments early and reduce the chance of having to deal with some of the symptoms.

 

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New Texas Laws – Effective Sept. 1, 2019

From the 1st of September 2019, new laws took effect in Texas. These new laws range from feral hog hunting to the breastfeeding of infants. 

Some important new Texas laws for the year 2019 include:

 

           •Lemonade stands: The HB 234 states that Children without license can open lemonade stands without going against the law. Neighborhood associations will no longer be allow to stop children younger than 18 from selling lemonades and other non-alcoholic beverage on private properties. 

           •Tobacco sales: The SB 21 states that anyone younger than the age of 21 is prohibited from buying cigarettes. The purpose of this law is to reduce the addiction level.

           •Feral Hog Hunting: The SB 317 states that landowners no longer require hunting license to hunt feral hogs on their property. This law is only applicable on private properties.

           •Cough Syrup: According to SB 1518 0nly people older than the age of 18 can purchase drugs that contain cough suppressant dextromethorphan from stores. This is because this ingredient has been found to be abused by teenagers who use it to get ‘high’.

           •Increased Driver Fines: The SB 2408 law will put an end to the Driver Responsibility Program. Traffic tickets fees in Texas will have a 20 dollars increase. Fines for people driving under the influence will also be increased. 

           •Fishing and Hunting License: The HB 547 permits the people of Texas to present authorities with digital fishing and hunting licenses. 

           •Abortion Providers: Under the SB 22, state and local government bodies will be prohibited from partnering with organizations that conduct abortions. This also applies to services that are not related to abortions.

           •Nude Pictures: The HB 2789 states that it is illegal to send a person unsolicited nude pictures through any social media platforms, emails or texts. 

           •Female Inmates: The HB 650 bans the chaining of pregnant inmates in a hospital. The prisons will also be made more accommodating for female inmates. 

           •Free Speech: The SB 18 states that everybody on a campus should be allowed to be expressive and to speak freely. 

           •Pumping Breast Milk: The new law permits women to pump breast milk whenever and wherever they want. The previous law gave mothers the freedom to breastfeed anywhere but did not include breast milk pumping. 

           •Telemarketers: According to the new law, telemarketers are banned from using fake numbers to call Texans.

           •Handguns: The HB 1177 permits people to carry handguns the week after a natural disaster has been declared by the governor. 

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Cyclists Are Not Safe on San Antonio Roads According To Recent Reports

If you ride a bicycle on San Antonio roads or elsewhere in Bexar County, you are risking your life in a bicycle accident, according to recent reports.

Most striking is a report from Texas Public Radio (TPR) headlined “San Antonio Roads Aren’t Safe for Cyclists.” It says 29 people were killed or seriously injured while riding a bike in San Antonio in 2018 – more than two every month – representing an increase from 2017.

TPR reports the deaths of at least two cyclists in the first few months of 2019 and there have been more since, including a 40-year-old man killed in a bicycle accident at Blanco Road and Dresden Drive on San Antonio’s North Side on the evening of October 30.

The National Highway Traffic Safety Administration (NHTSA) said that three cyclists were among 146 total traffic fatalities in San Antonio in 2017. Cyclists made up 2.1% of traffic fatalities in San Antonio.

Bexar County Among Most Dangerous for Fatal Bicycle Accidents

The Texas Department of Transportation (TxDOT) reported 2,426 total cyclist crashes statewide in Texas in 2018, including 617 fatal accidents and 621 deaths.

Share the Road Texas says statistics from 2009 to 2014 demonstrate that Bexar, Harris, Travis, Dallas, and Tarrant counties are the most dangerous in the state for bicyclists:

• Bexar County (San Antonio): 595 total bicycle/auto crashes, 14 fatalities
• Harris County (Houston): 1,149 total bicycle/auto crashes, 46 fatalities
• Travis County (Austin): 1,112 total bicycle/auto crashes, 11 fatalities
• Dallas County: 681 total bicycle/auto crashes, 16 fatalities
• Tarrant County (Fort Worth): 459 total bicycle/auto crashes, 9 fatalities

Share the Road Texas says two-thirds of bicycle crash injuries occurred on city streets and the largest percentage of bicycle crash fatalities (33%) occurred on U.S. and state highways. Not surprisingly, crashes that happen on higher-speed roads are more likely to result in fatalities, the organization says.

NHTSA says that, across the country, three-fourths of bicyclists and other cyclists, including riders of two-wheel, nonmotorized vehicles, tricycles and unicycles powered solely by pedals who died in motor vehicle crashes in 2017 died in crashes in urban areas.

According to NHTSA:

• 96% of cyclists killed were in crashes involving a single motor vehicle.
• 27% of cyclist fatalities occurred at intersections, and 63% did not. The remaining 10% percent occurred at other locations, such as roadsides/shoulders, parking lanes/zones, bicycle lanes, sidewalks, and medians/crossing islands.
• Slightly more cyclist fatalities occurred in daylight crashes (48%) compared to when it was dark (47%).
• Cyclists were struck by the front of the motor vehicle in 82 percent of fatal crashes.
• Light trucks were the type of vehicle most frequently involved in motor vehicle crashes in which a cyclist was killed. 44% of cyclists killed were hit by light trucks.
• When a large truck was involved in a fatal cyclist accident, the vehicle’s right side was the collision point 28 percent of the time, compared to 7 percent in passenger car accidents. This could be due to the wide right turns required of large trucks, NHTSA says.

Cyclists Call for More Bike Lanes in San Antonio

The bicycling advocacy group Bike San Antonio is petitioning the city to establish a bikeway with a physical protective barrier along the three-mile length of the Broadway Street Bond Project.

The group says 53% of people would like to bike more but are concerned about their safety from car traffic. Bike lanes not only benefit the individual, but also businesses. In New York City, the addition of a protected bike lane on two major streets led to “a 50% increase in sales receipts.”

“This is an excellent opportunity to showcase San Antonio as a city of the future, a city that cares about the safety/needs of its citizens, and a city that understands more bikes on the road is a good thing,” Bike San Antonio says.

However, city engineers and consultants say there is not enough room to add protected bike lanes on the lower, mile-long section of Broadway, where the City expects commercial growth, according to the Rivard Report. Others argue that voters approved the “complete street” project with the understanding that bike lanes would be included and that provisions of the 2010 River North Zoning plan include a transportation design plan with a five-foot bike lane suggested for lower Broadway from 3rd Street to Jones Avenue.

Previously, the Rivard Report said the city was planning to put protected lanes on Avenue B and North Alamo Street, which run parallel to Broadway, with a $6 million reimbursement deal from the Midtown Tax Increment Reinvestment Zone (TIRZ).

Cyclist Brian Clements said during a mass bicycle ride down Broadway that the Avenue B and North Alamo Street compromise won’t push more experienced cyclists off of Broadway Street, and therefore would not significantly improve safety for cyclists.

“There’s a bunch of riders, people like myself, who won’t get off Broadway, bike lane or not,” he said.

A required zoning change for bike lanes on Broadway would be considered first by the Zoning Commission, which would make a recommendation to City Council, the Rivard Report said. No meeting had been scheduled as of the November 1 report because the zoning change request has not yet been submitted by City staff.

Seek Help From a San Antonio Bicycle Accident Attorney

Under Texas law, injured cyclists may have a right to seek financial compensation for their economic and noneconomic losses in a bicycle accident caused by a motorist. The attorneys of Herrman & Herrman have extensive knowledge and experience in bicycle accident cases, and we are proud of our record of success in helping injured victims and their families in the greater San Antonio area.

If you or a loved one has been injured in a San Antonio bicycle accident, speak with one of our compassionate bike law attorneys as soon as possible. Call now at (361) 245-1263 to schedule a free initial consultation so we can discuss your legal options.

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Car Accident Fatalities in San Antonio Area Increase in 2018

Officials say a spike in fatal car accidents in San Antonio over the last three years is due to driver negligence as well as population growth.

The numbers published by the Texas Department of Transportation (TxDOT) are striking:

• 159 fatal motor vehicle accidents and 164 deaths in Bexar County in 2017.
• 174 fatal motor vehicle accidents and 180 deaths in Bexar County in 2018.

That’s a 9.4% increase in fatal accidents in a single year, and a 9.75% increase in car accident deaths.

Within the city limits of San Antonio, there was actually a slight decrease from 2017 (140 fatal accidents and 143 deaths) to 2018 (135 fatal accidents and 139 deaths). It’s a 3.5% decrease in fatal car accidents and a 2.8% decrease in deaths.

San Antonio Police Sgt. Brian Sullivan told News 4 SA at the end of September that, “We’re up (in fatal car accidents) right now compared to where we were this time last year. And every year they seem to tick higher and higher.”

Sullivan also said distracted driving is a factor in the increase. “All the electronics that are on your car can distract you,” he said.

Fatal Car Accidents in San Antonio Stats

As of November 1, the TxDOT crash database showed:

• 43,668 car crashes in San Antonio in 2019, of which 117 included at least one fatality.
  • Through the same period in 2018, there were 43,158 crashes, including 115 fatal accidents.
• 20,883 distracted driving crashes in 2019 – almost 48% of the total crashes
• 30 fatal car accidents blamed on distracted driving in 2019

In wider Bexar County, the numbers are higher:

• 51,368 car accidents, of which 145 included at least one fatality.
  • Through the same period in 2018, there were 50,215 crashes, including 152 fatal accidents.
• 24,670 distracted driving crashes in 2019 – 48% of the total
• 39 fatal car accidents blamed on distracted driving in 2019.

What Are the Leading Causes of Fatal Car Accidents in Texas?

​​​​​​​The TxDOT defines distracted driving as any activity that takes your attention away from the task of driving. Distractions can include anything from texting and talking on a cell phone to eating and drinking, putting on makeup, shaving, reading, programming a navigation system, watching a video and even adjusting the radio. TxDOT says distracted driving of any kind is dangerous and that distracted driving continues to be a problem in Texas.

What do the numbers show? In TxDOT’s report of Crash Contributing Factors 2018 statewide, the leading causes of fatal car accidents include:

Total Distracted Driving Accidents: 382 fatal crashes (101,644 total crashes)

• Driver Inattention: 260 fatal crashes (84,835 total crashes)
• Distraction in Vehicle: 61 fatal crashes (12,484 total crashes)
• Cell / Mobile Device Use (Talking, Texting): 61 fatal crashes (4,325 total crashes)

Total Speed-Related Accidents: 1,322 fatal crashes (166,258 total crashes)

• Failed to Control Speed: 494 fatal crashes (138,269 total crashes)
• Unsafe Speed: 440 fatal crashes (25,714 total crashes)
• Speeding (over limit): 388 fatal crashes (2,275 total crashes)

Total Alcohol-Related Accidents: 707 fatal crashes (23,185 total crashes)

• Under Influence of Alcohol: 513 fatal crashes (14,345 total crashes)
• Had Been Drinking: 189 fatal crashes (8,840 total crashes)
• Failed to Drive in Single Lane: 575 fatal crashes (37,719 total crashes).

Other Causes of Accidents:

• Under Influence – Drug: 214 fatal crashes (3,058 total crashes)
• Wrong Side of the Road (not passing): 184 fatalities (2,067 total crashes)
• Fatigued or Asleep: 172 fatal crashes (9,496 total crashes)
• Ran Stop Sign: 109 fatal crashes (27,020 total crashes).

The TxDOT notes that multiple factors may contribute to a crash.

How Can a Car Accident Attorney Help Me in San Antonio, TX?

If you have lost a loved one in a car accident that someone else caused, you have a right to legally address the anguish and stress that the loss of a family member can cause. Your family may be facing large hospitals bills, funeral expenses and the prospect of maintaining your household without the financial support of your lost loved one.

Texas grants the immediate family of a person who is killed as a result of someone else’s negligence the legal right to file a wrongful death lawsuit to recover compensation for the losses. Texas law says a spouse, child or parent may file a wrongful death lawsuit after a fatal car accident.

If Herrman & Herrman represents you and/or your family in a fatal car accident case, our San Antonio accident attorneys will explore all options to pursue compensation for you and ensure your family’s future is financially secure. We will take all the necessary actions to get your case resolved as quickly as possible. If we cannot reach a satisfactory settlement of the case through negotiations with the insurance company, we will consult with you about whether to proceed to court to seek justice.

A wrongful death claim following a fatal car accident may demand compensation for:

• Medical expenses and funeral costs
• Loss of the deceased’s earning capacity, services and household support
• Loss of parental guidance, counsel and instruction that a parent would have provided a child
• Pain and suffering.

In any substantial personal injury or wrongful death claim, you can expect the insurance company to try to pay out the least amount possible so that the payment does not cut into company profits.

When the stakes are high, you need an experienced attorney representing you and advocating for you against the insurance company’s low-ball settlement offers. We will calculate all that you are due and push hard for compensation that helps your family pay all outstanding bills and reestablish financial security.

Contact Herrman & Herrman Car Accident Lawyers in San Antonio

If you have lost a loved one in a car accident in San Antonio or the greater Bexar County area through someone else’s negligence, contact a San Antonio lawyer at Herrman & Herrman, P.L.L.C. to discuss how we can help you move forward. We handle wrongful death cases involving car accidents and other acts of negligence in San Antonio. Herrman & Herrman, P.L.L.C. has offices in San Antonio, Brownsville, Corpus Christi and McAllen to assist clients throughout the Rio Grande Valley and South Texas.

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Self-Driving Cars and Accidents – Who’s to Blame?

Self-driving cars may be less prone to accidents but they are not safe. The question arising from this fact is this; who takes the responsibility for crashes involving autonomous cars? 

Technology has advanced, innovations and ideas are coming up. One of these advancements is in the manufacturing of self-driving cars. Tesla, Uber, and Google are among the top guns driving maximum efforts to advance the technology of autonomous cars since they not at their best yet. The safety of people around the vehicle has become an issue of concern, yet the great support for the push of the advancement of technology still thrives. 

 

Not too many years ago, reports on car accidents have stated numbers that call for serious concern. The development of autonomous cars has promised safer roads with driving not affected by human errors nor affected by situations like fatigue, being sick or stress. 

 

Waymo, a company that contributes to the self-driving technology predicted that autonomous cars will be available for purchase in 2018. Some other predictions made for the release of the vehicles are yet to see a confirmation of the foretellings. The best thing so far is that self-driving vehicles are available in some regions. Texas is one of those regions approved for the self-driving cars, and there have been crashes involving these cars. 

 

The irony here is that the autonomous car technology touted for improved safety by its manufacturers has not lived up to its expectations. 

 

Self-driving cars may be less prone to accidents but they are not safe. The question arising from this fact is this; who takes the responsibility for crashes involving autonomous cars? 

 

The Government has made legislation regarding these self-driving cars. In 2016, the federal government rolled out its first policy for automated vehicles. The policy does not delve into details of manufacturing but outlines a safety checklist for the manufacturers to adhere to. 

Also, some state laws have created guides for the manufacturers to follow, well-known ones involve the test cars having standard vehicle registration and following approved routes with police escorts. However, none of the laws place any proactive emphasis on the protection of human lives. 

 

With recurring accidents, lawmakers are not yet making tangible laws regarding self-driving vehicles in Texas. 

Another potential situation worth taking into consideration is that when filing claims against these companies, victims might face stumbling blocks since non-existence of proper laws put in place concerning the autonomous vehicles 

 

Regardless, Texas might see more lawsuits filed against the manufacturers of these vehicles and the situation concerning casualties involving these self-driving vehicles won’t see any improvement if appropriate laws are not put in place.

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