Feb 20, 2019 Last Updated 3:19 PM, Oct 3, 2017

Man Killed after Trying to Avoid Driver on the Shoulder

Published in IGOTHIT.COM

Over 25,000 accidents happen annually in Texas due to factors related to driver speed. In most of those cases, the cause of the crash was due to excessive speed. Occasionally, however, an accident can be caused by an unexpected reduction in speed. An accident, which occurred earlier this year in Houston, was just such an occurrence.

The driver of a small sedan was traveling along the Gulf Freeway when he saw another car in front of him moving over to the side of the road. The driver of the car that pulled off the road apparently believed that he had a possible flat tire after hitting something in the road.

The driver of the sedan slowed down and attempted to swerve around the other car in order to avoid an accident. Unfortunately, a third vehicle - a large sport utility vehicle - struck the sedan from the rear. The driver, a man in his 20s, was killed instantly.

No DUI Involved

Although 1,089 people were killed in motor vehicle traffic crashes in 2013 because a driver was under the influence of alcohol, police said that the sobriety tests on the SUV driver indicated that he was not intoxicated.

The investigation into the accident continues. The accident happened on I-45. Officials closed the interstate for several hours due to the accident.

In the Blink of an Eye…

This case just goes to show how quickly an accident can happen. One minute, three drivers are traveling along without any problems. Then, one driver hits something in the road, another slows down to avoid hitting the first car as it pulls off the road, and the third motorist drives into the back of the car that was trying to avoid an accident. Who is at fault? The driver who rear-ended the sedan? The driver who was trying to get off the road? The person who left the debris that caused the first driver to think he was having a flat?

Any and all of them could be held at fault. Even the deceased driver could be assigned blame under the principles of comparative fault or proportional responsibility. If the case makes it to trial someday, it is likely that each driver (and the deceased driver's representative) will try to put the blame on anyone but himself or herself.

It's the way insurance companies play the game: the more people involved, the greater the likelihood that they can make someone else pay. In these situations, an injured person must have an attorney who can fight back and hold the truly responsible person or persons responsible.

Damages in Wrongful Death Cases

In injury cases, victims are entitled to damages such as medical expenses, lost wages, and pain and suffering. In fatality cases, the victim's family can ask for these same expenses, as well as loss of companionship and funeral expenses. Any liability assigned to the deceased person comes out of the settlement as a percentage. (If the deceased person was somewhat at fault, the claim value is reduced proportionately, up to 50 percent. If the deceased person was more than 51 percent responsible, the family cannot recover anything.)

To Talk to a Lawyer About Your Accident

If you've been hurt in a wreck and have been thinking about hiring an attorney, consider a firm with skilled personal injury lawyers. Godsey-Martin, P.C. is an aggressive firm dedicated to helping injured people. If you've been hurt in a rear-end collision or other traffic accident, we can assist you as you pursue the compensation to which you are entitled.

Call Godsey Martin law firm at 877-IGOTHIT or take sixty seconds to fill out their online form today.

Nathan Williamson

“I became an attorney because I wanted to make an impact. As attorneys we have unique opportunities that are not available in most professions. Those opportunities include the ability to advocate for change, take legal action to right wrongs, and be champions for justice. We are the gatekeepers of the law and help individuals who are faced with challenging situations navigate a complex and sometimes flawed legal system.”

“I met my wife while she worked as an assistant at the University of Oklahoma College of Law Library during my first year of law school. She is currently the Health Sciences Librarian at the University of Texas at Arlington.”

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