Texas Monthly recounts a horrific bike crash in south Texas where a drunk driver hit a bicyclist and the biker flew over the truck and into the trailer of the truck. The driver shamefully kept driving and then attempt to dispose of the body. Thankfully, he was caught and will hopefully spend decades behind bars. Our law firm has represented scores of bicyclists hit by cars and scores of people hit by drunk drivers. We as a society need to start dealing with these tragedies more harshly, especially when drinking and driving is involved. We support Chief Acevedo’s anti-drunk driving… Read More
On August 29, 2012, the Texas Supreme Court had settled on City of Denton v. Paper. In a previous case, the defendant, Rachel Paper, sued the plaintiff, the City of Denton, after breaking numerous teeth when she collided on her bicycle. The case concerned a depressed section in the roadway. The question is, was the depressed section: A hole almost as deep as a mechanical pencil (5.5 inches) situated close to the middle of the right lane which a bicyclist could not evade without intersecting into the lane for approaching traffic? Or: A hole just two or… Read More
Accidents are indiscriminate, they can happen to anyone. People of all socioeconomic classes have accidents and suffer injuries because of the negligence of another. People who have a good income through a skilled job can suddenly find they are injured and unable to return to that line of work and enjoy that level of earning potential. It can take months, even years, to be compensated for an injury. Many people have no place to turn except to government programs that can assist them in keeping their family sheltered and fed. Under the law, everyone has the right to be compensated… Read More
I’ve been a cyclist for a handful of year now, and I’ve learned a few tips that will keep a biker safe and a motorist out of your hair. Although sometimes a bicycle accident is unavoidable, there are many that can be avoided or lessened in severity by keeping a few things in mind. Below are some helpful tips on how to travel safely by bicycle: 1. Pretend You’re Invisible It’s safe to assume that most drivers don’t pay too much attention to the presence of cyclists. For a valid reason, we are not as big, brightly colored, and covered… Read More
The number of bikes and pedicabs in Austin street traffic are ever-increasing. While sometimes there’s safety in numbers, it’s important to each bike rider to exercise the utmost caution when sharing the road with vehicles. Don’t Swerve Unexpectedly As much as you can help it, drive in a straight line. Cars don’t look out for things like gutters and drains like bikers do, so when bikers swing out into traffic it can take cars off-guard. Follow the Law You are a vehicle in the eyes of the law, which means you are still supposed to follow the… Read More
Playing sports is a good way to stay active, relieve stress and have some fun. However, there is always a chance you or someone else can get injured if you participate in any physical or sports related activity. This is why there are particular rules and safety measures to keep those involved safe. Even if you do everything you are supposed to, accidents happen and people can become severely injured. One serious injury that happens in sports and various activities is brain injury. Brain injury occurs in over 1.7 million Americans every year. Brain injury can be caused by variety… Read More
By Texas law, bicycle riders have the same rights and responsibilities as drivers of passenger vehicles. According to the Texas Department of Transportation, this means that bicyclists have the duty to ensure that they take reasonable measures to reduce the risk of causing preventable harm and to adhere to all traffic laws, including: Stopping at red lights and stop signs Staying within a lane and being aware of lane markers Riding near curbs and traveling in the same direction as vehicles Using lights at night and using proper signals for turns Unfortunate as it may be, even bicyclists who obey… Read More
The Austin American-Statesman reports that an 86-year-old man linked to the death of an Austin bicyclist last year is facing a felony charge of criminally negligent homicide with a deadly weapon after a grand jury indicted him this week. The man was indicted for driving on the shoulder of Loop 360 and hitting 54-year-old Verter Ginestra, who later died at an Austin hospital. The indictment notes that the man, “by criminal negligence caused the death of Ginestra – and that he was criminally negligent in that he operated his car in an unsafe manner.” This is a very big moment… Read More
The Texas House passed a new law 130-0 which increases the penalties for drivers for who leave the scene of an accident. The Senate previously passed the bill and Governor Perry is expected to sign it. Austin’s Senator Kirk Watson introduced the legislation. The legislation was passed in response to the tragic death of Courtney Griffin of Austin. Ms. Griffin was walking home late at night when she was hit Gabrielle Nestande, who had been drinking and driving. Ms. Nestande drove off and only received a 10 year probated sentence. A major problem in the trial was a loophole in the… Read More
KXAN news reported a tragic story involving Austin resident Bobby Crouch, who was seriously injured while biking on Barton Creek Blvd near Bee Caves Road. Crouch was hit from behind by a 20 yr old car driver, who was on his cell phone and not paying attention to the road. The driver swerved over and crashed into Crouch, and caused him to fly off his bike. Crouch sustained serious personal injuries, including a broken leg and broken back. He is facing months of recovery due to the negligence of this driver. TxDOT concluded that over 90,000 in Texas are related to distracted… Read More
