
The Bettersworth Law Firm


Call Us830-606-0404   888-392-0039

New Braunfels San Antonio Seguin Austin

TX accident lawyerOn the morning of May 8, commuters on I-10 W between Boerne Stage and Ralph Fair roads found themselves contending with a partial closure of the freeway, which is planned to last into the upcoming weekend. While this might cause problems in the short term, it saves innumerable problems in the long term, for both commuters and for the city itself. If someone were to have an accident, and the pavement being in poor condition was a factor, they could conceivably sue the city.

Road Management Creates Liability

Auto accidents can absolutely be caused by potholes and other road hazards such as damaged signage, broken or missing guardrails and the like. Texas roads are constantly under maintenance, especially given the levels of traffic they see, but even so, accidents still happen. When an accident does occur, the plaintiff may, at least in theory, sue the entity responsible for maintaining the road under a theory of negligence - that is, arguing that because they had an accident on the road, that it was not maintained sufficiently. For example, in San Antonio, that entity will usually be the Texas Department of Transportation (TXDOT).


Texas injury lawyerAustin-Travis County law enforcement and EMS were on the scene of an accident on Christmas Day evening when a car rolled over, injuring five. One person sustained life-threatening injuries, while one sustained critical injuries and the others were treated but expected to make a full recovery. It can be said that despite their injuries, the occupants of the vehicle got off lucky, as rollover accidents have the potential to be extremely deadly.

Statistics Show High Fatality Rate

Rollover crashes have notably higher rates of death and injury than other types of car accidents, mostly because there is simply more weight that is being involved in the crash. In other words, the entire weight of a vehicle in a rollover crash can be in play to harm the occupants, while the majority of a vehicle’s bulk, if it remains on the ground, will not be used against the passengers by gravity. Only 2.1 percent of the standard auto accidents in 2010 were rollovers, and yet almost 35 percent of recorded fatalities in that year came in rollover accidents.


Posted on in Car Wrecks

Texas accident lawyerA 17-year-old driver was killed in an automobile accident in Manor this month. His car skidded, striking that of a couple with a young girl, though none of those in that car were killed. While the victims of the man’s misfortune escaped relatively lightly, this does not mean that all those who encounter teenage drivers are so lucky. If you, by comparison, have a teenage son or daughter who has been in an accident, it is important to understand what they likely face.

Teen Drivers Are Generally Less Careful

While obviously, many teen drivers are cautious and prudent on the road, a higher share of their age group is not, proportionally speaking. The Texas Department of Transportation shows that statistically, the highest percentage of drivers in fatal crashes are between the ages of 19 and 23, and the number of drivers killed in fatal accidents is by far the highest at ages 22-24. Many teenagers feel as if the average risks of driving do not apply to them, or simply do not contemplate them - they are more likely than older people to take chances behind the wheel, such as rushing to make a light or taking a “shortcut” over a curb.


Texas accident lawyerOne Austin woman witnessed a hit-and-run accident on October 8, 2017, and instead of ignoring it, she acted - she followed the car for miles on her moped, eventually getting close enough to write down a plate number. The driver was arrested and charged with intoxication assault with a vehicle, and is awaiting trial as of this writing. While it is rare to see Good Samaritans like this woman, it is sadly less uncommon to see hit-and-run accidents, especially if substances like drugs or alcohol are involved.

Criminal Charges in Texas

In Texas, hit-and-run is referred to in law as the charge of leaving the scene of an accident, and it is either a second or third degree felony if injury or death has occurred, depending on the specific nature of events. It can be a difficult cause of action to bring, if only because many times, witnesses or surveillance footage does not exist - many hit and runs occur at night - or because hit-and-run victims are commonly painted as being complicit in their own injuries. However, the same rules apply as would apply for any felony, meaning that evidence proving the requisite intent (or failure to comply) is still what matters.


Posted on in Car Wrecks

Texas accident attorneyAnyone who has ever passed through rural Texas is well aware of the phenomenon colloquially called highway hypnosis. It occurs most often on two-lane highways with very little present to distract the eye, allowing a driver to sink into a mild trance or stupor. This can, as one might imagine, cause severe accidents, and in some cases, the driver of a truck or car who succumbs to highway hypnosis can be held liable for negligence.

Often Discounted as a Cause

With the common occurrence of DUIs and distracted driving, it can seem strange or premature to ascribe an accident to highway hypnosis. Too often it gets folded into drowsy driving, which is not quite accurate; a driver is not often drowsy when this phenomenon occurs. They are in essence lulled into a trance by the relatively unchanging landscape through which they may be driving. Despite this, it is worth considering, especially if you or the other driver or drivers cannot remember the events of your accident very well, that highway hypnosis might have played a role. This is especially true if no substance abuse is indicated, no foul weather was present and investigators are otherwise at a loss.



Back to Top