Articles Posted in Car Accidents

Getting involved in a Texas car accident is a stressful experience that no one ever plans on encountering. However, recent government statistics show that an average of 265,000 Texans are injured each year in car accidents. Of those, about 17,500 motorists will be seriously injured and another 3,500 will lose their life. Thus, while no one counts on being involved in a Texas car crash, every motorist should be prepared in the event an accident occurs.

The moments flowing a Texas car accident are often described as a blur. However, there are some very important things that accident victims should keep in mind to preserve their rights during what can be a crucial time.

1. Remain at the scene: Leaving the scene of an accident, even if it was not one that you caused, could be considered a Texas hit-and-run. Motorists are legally required to provide their information to other motorists involved in the accident and, if necessary, arrange for medical treatment.

Earlier this month, a deadly car crash in Spring, Texas, sent four individuals to the hospital, one of whom tragically died shortly after arrival. According to a local news report covering the accident, the two vehicles involved were driving opposite ways on a street at around 10 o’clock in the evening. One of the vehicles, an Infiniti coupe driving eastbound, failed to stay in their appropriate lane and drifted over the center turn lane, ultimately striking the westbound pick-up truck head-on.

Emergency officials responded quickly to the accident, and all the occupants were sent to the hospital. In the worst condition were those in the Infiniti coupe that had crossed lanes; the passenger was transported to the hospital via helicopter in critical condition, but ultimately died. The at-fault driver was taken to the hospital in serious condition where he underwent surgery. The couple in the pick-up truck, on the other hand, were fortunately in stable condition when they were brought to the hospital, although they likely still experienced injuries. Police reported that they suspect the driver of the Infiniti coupe was under the influence of drugs at the time of the accident, adding another tragic layer to this accident.

While many accidents are unavoidable, drivers have a duty to drive carefully and to take steps to avoid risk factors that contribute to an accident. This duty includes not driving while under the influence of drugs and alcohol. Intoxicated driving is incredibly dangerous, and places all those on the road with the driver in danger. Texas law allows individuals injured in a car accident to submit a claim to recover monetary compensation from another driver if that driver failed to operate their vehicle with due care —by driving under the influence, for instance. Even if the victims did not undergo major surgeries and were in stable condition after the accident, as is the case in the tragic accident discussed above, smaller injuries resulting from car crashes can plague accident victims for years. Too many of these victims do not consider pursuing claims against the driver at fault because of misinformation they receive from insurance companies or other biased sources. Texas accident victims are encouraged to consult with a Texas personal injury attorney, who can help them figure out if they have a claim for compensation.

Despite harsher laws and awareness campaigns, impaired driving continues to be a problem in Texas and throughout the country. According to the Centers for Disease Control and Prevention (CDC), every day, 29 people die in drunk driving crashes in the United States. The CDC also reports that the percentage of adults who reported driving after drinking too much was higher in Texas than nationally. According to the Texas Department of Transportation, in 2018, there were 4,986 Texas drunk driving accidents, and 1,228 crashes caused in part by drivers under the influence of drugs.

Under Texas law, a person can be arrested and charged with driving while intoxicated with a blood alcohol concentration (BAC) of .08 or higher. Yet, a person can still be driving while intoxicated even under that BAC if the person’s driving is impaired, whether from alcohol or other drugs. The criminal penalties can be up to 10 years in prison and a $10,000 fine, among other penalties. In addition, commercial drivers can be charged with a .04% BAC, and those under 21 can be charged for any amount of alcohol.

Individuals who are injured in a drunk driving crash can bring a legal claim against a drunk driver to recover financial compensation. Evidence that a driver was driving while intoxicated, including being arrested for DWI, may be used in a civil claim against the driver. However, an accident victim still must prove that the defendant’s conduct was the legal and factual cause of the plaintiff’s injuries. A drunk driver may still try to blame the plaintiff for the crash, or argue that some or all of the plaintiff’s injuries were not a result of the crash.

Experts agree that seat belts help save lives. And it is common knowledge that drivers and passengers should always wear their seat belts regardless of the length of the trip. However, what is less known is that the seat belt defense may allow a defendant in a Texas car accident case to use an accident victim’s failure to wear a seat belt against them.

The seat belt defense is really an interpretation of the rules of evidence, specifically, whether evidence of the plaintiff’s failure to wear a seat belt is admissible. For the most part, only relevant evidence is admissible. Most states do not allow defendants to use the seat belt defense, because they consider such evidence irrelevant. Specifically, these jurisdictions determined that whether a person is wearing a seat belt has nothing to do with whether the defendant negligently caused the accident.

Of course, defendants naturally want to introduce seat belt non-use evidence to argue that the plaintiff is responsible for their injuries, and that they should not be on the hook for damages that the plaintiff could have prevented. And, in a 2015 case, for the first time, the Texas Supreme Court held that seat belt non-use evidence was admissible, reversing a long line of decisions.

A Texas appeals court recently considered a wrongful death case in which a Texas man was killed in an accident on the job. The man was involved in a single-vehicle accident involving a 1987 Freightliner, and died shortly after the accident occurred. The man was acting within the course and scope of his employment at the time of the accident. The employer was a nonsubscriber under the Texas Workers’ Compensation Act, and the plaintiff, the man’s husband, filed suit against the defendant for negligence and gross negligence. The employer argued that it was not liable because the man was intoxicated at the time of the accident. After a hearing, a trial court granted summary judgment in favor of the employer.

Under the Texas summary judgment standard, the party moving for summary judgment has the burden to prove that there is no genuine issue of material fact on at least one essential issue and that it is entitled to judgment as a matter of law. If the moving party succeeds in satisfying its burden, the burden shifts to the nonmoving party to show that an issue or evidence should preclude summary judgment. In addition, all motions for summary judgment must be viewed in the light most favorable to the nonmoving party.

On appeal, the plaintiff argued that summary judgment should not have been granted because there were genuine issues of material fact concerning whether the man was legally intoxicated when the accident occurred. In support of its defense, the employer submitted an autopsy report and a toxicology report. The autopsy report showed that there was amphetamine, methamphetamine, and fentanyl in the man’s blood when he died. A doctor’s report stated that the amount found reflected a “voluntary introduction” of the drugs.

Texas drivers have a duty to drive carefully, as well as to respond to dangerous situations in a reasonable and thoughtful manner. This means that Texas personal injury plaintiffs may be able to recover compensation if another party fails to operate a vehicle with due care or act reasonably, even when that party is responding to a dangerous situation.

Under Texas law, the sudden emergency doctrine (or the imminent peril doctrine) concerns the response of a defendant to a sudden and unexpected emergency. A defendant may be protected under the doctrine only if the defendant can prove the following. First, that there was a sudden and unexpected emergency, and that someone was in actual or apparent danger of immediate injury. Second, that the defendant did not cause the sudden and unexpected emergency. Third, that the defendant acted as a reasonably careful person would have acted under the circumstances, even if another course of action would have been safer. The doctrine is applicable if a driver who was acting with reasonable care was suddenly and unexpectedly confronted by an emergency situation that the defendant did not cause. Essentially, it protects a person who acts in response to a sudden emergency, and it later becomes clear that another course of action would have avoided an injury.

However, the doctrine applies only in cases where an unexpected physical danger comes about that is so sudden that it deprives the driver of the ability to use reasonable judgment. In addition, a party cannot be protected by the doctrine if that party’s negligence caused or contributed to the dangerous situation.