Speeding is one of the most dangerous factors in any car crash. Some of the effects of elevated speed are very straightforward; faster speeds give drivers smaller windows of reaction time in which to avoid a collision, and they amplify the force of a collision, increasing the risk of serious injury or death for people both in and out of the car.

However, there are less obvious risks as well, including a reduction in the effectiveness of road safety features like guardrails and bridge abutments.

To better understand where speeding is a common factor in crashes, we analyzed data from nearly 40,000 fatal car crashes across the U.S. in 2022 from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) database. Here’s what we found:

KEY FINDINGS

• Speed was a contributing factor in 1 out of every 3.6 U.S. fatal crashes in 2022.
• Texas and California both have more than twice as many fatal crashes involving speeding as any other state, but the highest fatality rates that involve speed are in lower-population states with fewer overall crashes: Rhode Island, Wyoming, and the District of Columbia.
• Of the top 10 counties with the largest rises in fatal speeding crashes from 2021 to 2022, four are in Texas.

Everything is bigger in Texas …

… including the number of fatal crashes in which speeding was determined to be a contributing factor. No state saw more fatal speeding crashes in 2022 than the Lone Star State’s 1,371. California was second with 1,269, while no other state had more than North Carolina’s 598. But smaller states with smaller numbers of overall crashes tend to fluctuate more when you look at statistics that come in the form of rates, which is why the list of the five largest statewide percentages of fatal crashes that involve speeding includes Rhode Island, Wyoming, Washington D.C., and Hawaii.

Three states were in the top 10 of both total fatal speeding crashes and percentage of fatal crashes involving speeding: North Carolina, Pennsylvania, and South Carolina. Texas had the 13th highest percentage, at 34.6%. In all, just under 28% — 1 in 3.6 — of fatal crashes across the U.S. involved speeding in 2022.

Top 10 states with most fatal speeding crashes, 2022		Top 10 states with highest % of fatal crashes involving speeding, 2022
Rank/State	Crashes	Rank/State	% of crashes
#1 Texas	1,371	#1 Rhode Island	47.1%
#2 California	1,269	#2 Wyoming	44.9%
#3 North Carolina	598	#3 North Carolina	39.9%
#4 Pennsylvania	417	#4 Washington D.C.	39.3%
#5 Georgia	388	#5 Hawaii	38.7%
#6 South Carolina	375	#6 Pennsylvania	38.2%
#7 Arizona	373	#7 New Mexico	37.5%
#8 New York	364	#8 Colorado	36.9%
#9 Illinois	363	#9 South Carolina	36.8%
#10 Florida	340	#10 New Hampshire	35%

Which States Have the Biggest Issues with Speed-Related Fatal Crashes?

We compared and ranked the states using four different factors – the total number of fatal crashes in 2021 and 2022, the percentage of total crashes that involve excess speed, and the increase in speed-related fatal crashes.

Based on this analysis, North Carolina, Colorado, Texas, Pennsylvania, and Oregon are the five most dangerous states for deadly car crashes involving speed. On the other end of the spectrum, Vermont, Idaho, Iowa, Kansas, and Louisiana are the five safest states.

The table below is interactive, click the heading to sort each column to find out how each state stacks up for each metric.

Source: Shaw Cowart Analysis of FARS Data

*Ranking was determined by creating a composite score based on a states ranking for each individual metric.

Which counties have the most fatal crashes involving speeding?

At the county level, most fatal speeding crashes are in counties with major population centers, where lots of people are on the roads every day. Los Angeles County, California, and Maricopa County, Arizona, were the only two localities in the U.S. with over 200 deadly speeding crashes in 2022, and the rest of the top 25 includes the counties that contain several major cities.

Chicago, San Diego, Las Vegas, Philadelphia, Detroit, Kansas City (Missouri), Seattle, Indianapolis, Milwaukee, and Charlotte are all represented, as are five Texas cities: Houston (Harris County), Dallas (Dallas), Fort Worth (Tarrant), San Antonio (Bexar), and Austin (Travis).

Rank	County	State	Speeding Crashes
1	Los Angeles County	California	292
2	Maricopa County	Arizona	202
3	Harris County	Texas	182
4	San Bernardino County	California	146
5	Dallas County	Texas	137
6	Cook County	Illinois	118
7	Riverside County	California	91
8	Orange County	California	83
9	Tarrant County	Texas	79
10	San Diego County	California	78
11	Bexar County	Texas	71
12	Clark County	Nevada	70
13	Wayne County	Michigan	63
14	Travis County	Texas	60
15	Philadelphia County	Pennsylvania	56
16	Sacramento County	California	54
17	Jackson County	Missouri	47
17	Alameda County	California	47
19	King County	Washington	46
19	Mecklenburg County	North Carolina	46
21	Pima County	Arizona	45
22	Marion County	Indiana	44
23	Fresno County	California	43
23	Kern County	California	43
25	Milwaukee County	Wisconsin	41
25	Shelby County	Tennessee	41
25	Suffolk County	New York	41
28	Hillsborough County	Florida	40
29	Fulton County	Georgia	38
29	San Joaquin County	California	38
31	St. Louis County	Missouri	37
32	Allegheny County	Pennsylvania	35
32	Bernalillo County	New Mexico	35
32	Broward County	Florida	35
35	Wake County	North Carolina	34
36	El Paso County	Texas	33
36	Pinal County	Arizona	33
38	Salt Lake County	Utah	32
38	Jefferson County	Kentucky	32
38	New Haven County	Connecticut	32
41	Palm Beach County	Florida	31
42	Multnomah County	Oregon	30
43	Cuyahoga County	Ohio	29
43	Prince George’s County	Maryland	29
43	Santa Clara County	California	29
46	Midland County	Texas	28
46	Robeson County	North Carolina	28
46	Adams County	Colorado	28
49	Franklin County	Ohio	27
49	Hartford County	Connecticut	27
51	Lake County	Indiana	26

Of the 50 counties with the largest numbers of fatal speeding crashes, California’s Alameda County had the highest percentage of its fatal crashes that involved speed, at 48%.

Several Texas counties saw significant growth in fatal crashes involving speeding from 2021 to 2022.

Looking at crash data for jurisdictions that had at least 5 fatal speed-related crashes in 2021, there were 20 counties that saw fatal speeding crashes double in 2022. Four Texas counties, separate from the ones with the largest crash totals — Midland, Galveston, Wichita, and Cameron — were among the top 10 growers, with at least 129% more such fatal collisions in 2022 than in 2021.

#1	Hinds (Mississippi)	7	22	+214%
#2	Chesterfield (Virginia)	6	18	+200%
#3	Lane (Oregon)	8	23	+188%
#4	Midland (Texas)	11	28	+155%
#5	Galveston (Texas)	8	20	+150%
#6	Wichita (Texas)	5	12	+140%
#T-7	Cameron (Texas)	7	16	+129%
#T-7	Sumter (South Carolina)	7	16	+129%
#9	Iredell (North Carolina)	5	11	+120%
#10	Pueblo (Colorado)	9	19	+111%

Data sources and methodology

Crash data comes from the Fatality Analysis Reporting System (FARS), a database of all U.S. fatal motor vehicle collisions maintained by the National Highway Traffic Safety Administration (NHTSA). The most recent available data, covering all fatal crashes in 2022, was released to the public in April 2022.

We used fields containing crash IDs and variables related to speeding to link separate tables of data on crashes, vehicles, and people in order to identify patterns among crashes where speed is determined to be a contributing factor. Additional information on speeding-related crashes comes from the National Safety Council.

Please feel free to use the data from this analysis elsewhere, but if you do, we ask that you link back to this page and credit Shaw Cowart for attribution purposes.

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There are many informative articles and blog posts about a driver’s rights to compensation under fault-based insurance laws in Texas, but what about a passenger’s rights in a Texas car accident? Passengers cannot bear liability in an accident because a non-driver is not legally at fault in a car accident. So, how do the insurance laws apply to injured passengers seeking compensation for damages like medical expenses, lost income, and compensation for pain and suffering? Contact our injury lawyers in Austin today for more information. 

Proving Liability for Car Accident Claims As an Injured Passenger

Texas civil courts operate under the state’s comparative negligence insurance laws allowing victims to claim damages in a car accident even if they were partly at fault. However, a passenger in a Texas accident is never at fault. When a passenger suffers injuries in a car accident, they have a right under Texas civil liability laws to recover full compensation for their damages from the at-fault driver whether it was the driver of the car they were a passenger in or another driver. Their attorney must first document evidence of liability. Proving liability in a car accident case requires proving the following with documented evidence:

• The party at fault in the car accident owed a reasonable duty of care to others on the road to prevent injuries, such as the duty to follow the speed limit 
• They breached this duty of care through negligence, reckless driving, or intentional wrongdoing (like drinking and driving or road rage)
• Their breach of duty directly caused injury to the passenger
• The injury victim suffered economic and non-economic damages from the injury

A passenger injured in a car accident often experiences serious economic and non-economic damages. Texas gives passengers the right to file compensation claims for their damages. Injuries require expensive medical treatments at the same time that the injury victim may not be able to work. Additionally, a passenger in a car accident may be a child who suffers injuries with life-altering consequences. All injured passengers deserve fair compensation.

What Is the Minimum Auto Insurance Requirement In Texas?

Texas drivers must take financial accountability for a passenger’s injuries. Texas requires drivers to carry at least the minimum in personal injury coverage including:

• At least $25,000 in property damage coverage
• At least $30,000 in injury protection per person in an accident or up to $60,000 per accident for all injury victims

Some Texas drivers choose optional additional insurance coverage as protection against personal liability.

What Compensation Can a Passenger Recover After a Texas Car Accident?

When a passenger is injured in a Texas car accident a successful injury claim recovers common damages including the following:

• Medical costs and anticipated future medical expenses related to their injury
• Lost wages and future income loss
• Lowered future earning capacity due to disabling injuries
• Pain and suffering compensation
• Loss of enjoyment of life compensation
• In some cases, compensation for disfigurement, loss of one of the senses, PTSD or other emotional damages

Passengers sometimes experience serious injuries and emotional trauma in a car accident. Texas passengers have a right to compensation. A successful compensation claim eases the financial burden of expenses while the injury victim recovers.

Most passenger car accident claims are resolved through a settlement after an Austin car accident lawyer negotiates with the insurance company with clear evidence of their policyholder’s liability and a carefully calculated list of damages. Only in cases of an insurance company’s denial or undervaluing of a valid claim does the case become a lawsuit in court when filed within the state’s two-year statute of limitations for personal injury claims.

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Most car accidents directly result from driver error. Distracted driving, failure to yield the right of way, reckless driving, and speeding are all major causes of car accidents. However, some car accidents happen because a defective auto part that’s meant to function as part of an important system—like a car’s steering system or brakes—causes the driver to lose control.

When a negligent driver causes an accident, a car accident claim against their insurance recovers compensation for the victim’s damages like medical expenses, lost wages, and compensation for pain and suffering, but what if no driver bears liability for an accident? What happens if the fault lies with a defective auto part?

When a Car Accident Claim Becomes a Defective Product Case

Manufacturers are strictly liable for any damages caused by defective products they have produced, marketed, and sold. When an investigation after a car accident determines that the accident happened because of a defective auto part, the car accident claim becomes a defective product claim against the automobile manufacturer or the manufacturer of the defective part. Unlike car accident claims against at-fault drivers, the injury victim does not have to prove negligence against a manufacturer. Manufacturers bear strict liability for any harm caused by a product with a design defect, manufacturing error, or inadequate instructions and labeling.

Many personal injury attorneys have experience in both car accident claims and defective product cases. When a defective product causes a car accident, the two types of claims overlap.

What Types of Defective Auto Parts Cause Car Accidents?

Some auto part defects are simply irritating, like a faulty sound system or a check engine light that won’t turn off. Still, some defective auto parts can cause serious accidents or result in worse injuries in an accident. The most common defective car parts named in car accident claims include the following:

• Brake systems
• Steering systems
• Tires
• Accelerators
• Airbags
• Seats
• Seatbelts
• Ignitions
• Clutches
• Headlights/taillights
• Vehicle frames
• Gas tanks
• Fuel systems
• Wiring
• Transmissions
• Engines

If an accident occurs due to a defective car part and the motorists in the car with the defective part, or motorists in another vehicle in a collision, suffer injuries due to the accident, the manufacturer of the part is liable for damages.

What to Do After a Defective Part Causes an Accident

After a car accident, you should always contact a car accident attorney if you or a loved one suffered injuries. Before you leave the scene of the accident, use your phone to snap quick photos of the accident scene and damaged vehicles if you’re able to move without causing further injury. Add the contact information of any eyewitnesses to the accident. Then, go directly to the hospital and undergo a complete evaluation. Ask for a detailed medical report. Save all of your medical bills and receipts for related expenses. These become important evidence in a defective product case against the manufacturer of a faulty car part that causes an accident.

Call Shaw Cowart for Your Defective Auto Part Claim

Accident claims caused by auto part defects can quickly become complex and require careful handling and testimony by the best expert witnesses to explain the defect and its impact on the accident’s cause and injuries. This type of case needs a skilled attorney to represent your rights and safeguard your best interests throughout the process. Speak to an accident lawyer in Austin today. 

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Few people plan ahead for serious injuries with costly medical treatment and days, weeks, or months of missed work days. However, serious injuries happen. CDC data shows around 40 million injury-related emergency room visits annually. 

Injuries are expensive as well as painful and debilitating. A successful personal injury claim against the person or business at fault for an accident can help recover expenses, plus compensation for pain and suffering, but successfully recovering compensation for damages often depends on having skilled, experienced legal representation. Many injury victims dismiss the idea of hiring an attorney after a serious injury because they’re already facing financial hardship from the injury and feel they cannot afford legal fees. Fortunately, reputable personal injury attorneys understand this and operate on a contingency-fee basis for personal injury cases. So, what is a contingency fee and how does it work in personal injury cases?

How Does a Contingency Fee Work In an Injury Claim?

Experienced personal injury lawyers understand that their clients are often out of work at the same time that their medical bills from the injury begin to pile up. It’s not the time for them to have to pay attorney’s fees. Instead of requiring payment upfront, the attorney offers a free consultation during which they evaluate the merits of the case to determine if it should move forward. Typically, an attorney only takes the case if they feel it has merit and they can recover compensation for their client through a settlement or lawsuit. After they agree to take on a client’s case, the client signs a contract for contingency-based payment. A contingency fee is a payment that is contingent—or depends—on the case’s success. The client does not have to pay the attorney if the attorney does not secure the client’s compensation through a settlement or court award in a lawsuit. If the attorney successfully negotiates a settlement from the at-fault party’s insurance company or wins a jury award for damages in court, a percentage of the amount recovered pays for their fees. Most personal injury attorneys charge a fee of 30% to 35% of the amount they recover for their client. Depending on the geographical location and skill and experience level of the attorney, they could charge as much as 40%.

The Additional Benefits of Contingency-Based Payments for Legal Fees

Contingency fees for attorneys not only make legal representation accessible to those with limited resources but also incentivize the attorney to win the case and recover the largest possible settlement for the client. Most personal injury cases are resolved with settlements through negotiations with the insurance company of the at-fault party. If the insurance company does not offer an acceptable settlement, the case may proceed as a lawsuit as long as the petition is filed within the state’s statute of limitations. Lawsuits take longer to resolve and require larger fees but jury awards for damages are typically larger than settlements.

Ask Your Attorney If Their Fee is Based on Gross or Net Award

A gross settlement or award is the total amount of compensation the injury victim receives through a settlement or from a jury verdict in their favor. The net amount is the amount they recover after paying court costs, filing fees, and other expenses. Whether or not the attorney takes their fee based on the gross award or the net amount that the victim has remaining after fees makes a significant difference in the portion of the compensation the injury victim gets to keep. As the client, be sure to carefully read the details of your contingency fee contract before you sign the agreement. Speak to an injury lawyer in Austin to learn more!

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Large, lumbering yellow school buses are iconic in the U.S., including in Texas. We typically think of these buses as a safe and nostalgic part of every childhood, but 104 people died in school bus accidents in 2022. While some of these deaths occurred to those in other vehicles involved in the crash or to pedestrians, a significant portion of those fatalities were children riding a bus to or from school or on field trips. 

In 2017, Texas joined seven other states with school bus seatbelt laws by signing Texas State Senate Bill 693 into law. The seatbelt law requires all new buses purchased by Texas school districts to come equipped with three-point seatbelts for all passengers and the operator.

Texas Passed a School Seatbelt Law in 2017 to Protect Children

Texas is one of a handful of states to move toward mandatory seatbelt protection for children on school buses with the passage of Senate Bill 693 signed into law by Texas Governor, Greg Abbot. The law requires new bus purchases to include 3-point seatbelts, or shoulder-to-lap belts for all passengers and drivers to increase safety. The law states the following:

“It is the public policy of this state to ensure the safety of all students by taking every measure possible to protect the lives and wellbeing of students during transportation on a bus to and from school and extra-curricular activities.”

What Are the Requirements of the Texas Seatbelt Law?

Texas passed Senate Bill 693 into law during the state’s 85th legislative session in 2017. Since that time, many Texas residents revealed bewilderment when a recent bus accident in Texas resulted in multiple injuries and the death of a five-year-old boy northeast of Austin in Bastrop County. The school bus was forced sideways off the road after a head-on impact by a cement truck that veered into the bus’s lane. The Bastrop County bus was not equipped with seatbelts as it transported children, teachers, and parent chaperones on a field trip to a zoo.

According to officials, the bus didn’t have to have seatbelts because it was purchased prior to the passing of the law in 2017. The law essentially “grandfathered in” older buses by requiring seatbelts in all new school buses purchased by Texas school districts. In addition, school districts may bypass the requirement to purchase buses with seatbelts if the school district votes against the more expensive purchases due to budgeting problems. The school boards may only approve purchasing buses without seatbelts at public meetings.

What Does the National Conference of State Legislatures (NCSL) Say About Seatbelt Laws on School Buses?

According to the NCSL, buses transport children over 5.7 billion miles each year. Compared to riding in individual vehicles, children are 70 times less likely to experience injuries in an accident while riding a bus. The close spaces between seats and high seat backs provide the benefit of “compartmentalization” which helps to minimize injuries in an accident. Still, an average of 6 children die in bus accidents each year. In 2018, the National Transportation Safety Board recommended that every state enact laws requiring 3-point seatbelts on all school buses. Additionally, many school districts are using cameras to capture images of vehicles that pass stopped school buses in dangerous violation of the law.

If you or a loved one has been injured in a school bus accident, reach out to a bus accident lawyer in Austin today to discuss your case.

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When we seek treatment from a doctor, we place a great deal of trust in them and expect them to provide treatment that meets the current standard of care. In fact, medical providers have a legal duty to treat patients as a reasonable professional would under the same circumstances. They must meet the level of care that’s the accepted standard of the medical community for the patient’s condition. But does this legal duty also apply to mental health care? The answer is yes, a psychiatrist or other mental health professional has a legal duty to treat their patients at the standard of care accepted by their peers in the profession. Failing to do so is malpractice. Just ask our Austin medical malpractice attorneys. 

Examples of Psychiatric Malpractice

Just as patients place their physical health in the hands of a medical doctor when they are ill or injured, patients in emotional distress or those suffering from mental illness trust their emotional well-being to the psychiatrists, psychologists, and counselors who treat them. Unfortunately, some mental health professionals fail to uphold the industry-accepted standards of care. For example:

• Abuse of power cases: An individual suffering from a mental or emotional illness places a great deal of trust in their psychiatric provider, including opening up to them with personal information. If the provider breaks confidentiality, it can greatly impact the victim’s life. Overuse or unnecessary use of restraints and/or medications are abuses of a provider’s power. Abuse of power may also include physical abuse or sexual abuse, including having a sexual relationship with a vulnerable patient. 
• Medication errors: If a mental healthcare provider prescribes the wrong medication, wrong dosage, or a medication that’s contraindicated for the patient due to another medication or known drug allergy, it’s malpractice.
• Misdiagnosed mental health condition: If a psychiatrist or other mental health professional misdiagnoses a patient, the patient may receive improper treatment and medication for a condition they do not have while their true condition remains unaddressed, resulting in significant harm.

Just as in medical malpractice, psychiatric malpractice victims suffer significant damages. A successful psychiatric malpractice lawsuit can recover compensation for their damages.

What Damages Are Available in a Psychiatric Malpractice Case?

When an individual fails to receive proper treatment for an emotional or mental health condition, the condition may worsen, causing economic and non-economic consequences or “damages” to the victim, including the following:

• Additional mental healthcare expenses
• Lost income
• Emotional anguish
• Wrongful death

These economic and non-economic damages to the victim of this type of malpractice can cause emotional distress and financial hardship.

Proving Liability in a Psychiatric Malpractice Case

A successful claim for compensation for damages in a psychiatric malpractice case requires gathering evidence to support the following legal points of liability:

• A provider/patient relationship was in place at the time the malpractice occurred
• The provider owed a duty of care toward the patient to treat them at the industry-accepted standard of care, or the way a reasonable professional would treat them
• The provider breached their duty through an act of negligence or wrongdoing
• The breach of duty directly caused injury to the patient
• The patient experienced economic and non-economic damages from the negligent or wrongful action

It can be challenging to prove that a psychiatric provider breached their duty of care and to ensure that there’s ample evidence to file a claim against the provider’s malpractice insurance. Sometimes, a case may require a lawsuit against the defendant in court. An Austin injury attorney with experience in psychiatric malpractice cases is an important ally in these complex cases.

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The most common liable parties in car accident claims are careless or reckless drivers. In these cases, the driver’s negligence leaves them liable for damages to an injury victim like medical expenses and lost wages, but what if the cause of a car accident isn’t another driver but an obstruction in the roadway? Who is liable for damages to an accident victim after an accident caused by a road hazard?

What Types of Roadway Obstructions Cause Car Accidents?

A car’s stability and steering system depends on the tires making good contact with the surface of the road. When something interferes with this contact, the result may be an accident due to a driver’s loss of control of the vehicle or a collision with the obstruction itself or another vehicle. Roadway obstruction accidents also include accidents that occur due to obstructed vision, such as tree limbs covering a stop sign. Common examples of road hazards that cause car accidents include:

• Potholes
• Debris
• Construction equipment
• Oil slicks
• Blocked or covered traffic signs
• Poorly designed roadways
• Loose gravel
• Rough roadway edges
• Standing water
• Car parts from a previous accident

When a driver encounters an obstruction in the roadway, the result may be a single-vehicle accident or a collision with another vehicle resulting from a driver’s loss of control, swerving, or over-correction to avoid the obstacle.

Liability In Accidents Caused by Obstructions or Other Road Hazards

There are a handful of no-fault car accident states that require motorists to file claims against their own personal injury protection (PIP) auto insurance policies regardless of who caused the accident, but most states operate on fault-based insurance systems. States like Texas require drivers to prove another party liable for their damages in a car accident and file claims against the at-fault party. In most cases, driver error causes car accidents and a negligent driver’s insurance provides compensation to injury victims. However, if an obstruction in the road or a roadway hazard causes an accident, there may be no liable driver. Instead, injury victims may need to file a claim against any of the following entities:

• A negligent city or county road maintenance agency
• A negligent property owner or business owner
• A negligent landscaper
• A negligent construction company
• A road-planning agency

If the obstruction caused an accident between two vehicles, the government or private business entity may be named as a third party in a lawsuit between the two vehicles involved in the accident.

When the defendant in property damage and personal injury claims is a government entity such as a road-planning agency that created a poor road design or a road maintenance agency that failed to repair a serious pothole, the statute of limitations may be different than the time limit for cases against non-government entities.

What If I Was Partly at Fault for an Accident Involving an Obstruction?

Fault-based insurance states like Texas allow accident victims to recover a portion of their damages even if they contributed to the cause of the accident as long as they are less than 50% at fault. If a driver has an accident due to a dangerous pothole in the road but the investigation reveals that they were exceeding the speed limit, they could be assigned a percentage of fault for the accident. If the injury victim’s damages amounted to $100,000 but the defendant’s insurance company finds the injury victim to be 30% at fault because they were speeding, they can still recover $70,000.

An experienced car accident lawyer in Austin safeguards a victim’s rights by performing an investigation and gathering evidence of the cause of the accident, the liable party, and the appropriate insurance company to file a claim against or a lawsuit if necessary to recover the greatest amount of compensation.

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Most people have experienced an upset stomach after a restaurant meal and wondered if they had food poisoning, but some cases of food poisoning are more than an upset stomach. Severe food poisoning is serious and can take weeks of medical treatment for recovery, causing significant financial hardship from medical bills and lost income. Food poisoning victims also experience intense pain and suffering that sometimes lasts for weeks and requires a long recovery period. Food poisoning has significant consequences when severe, but is the restaurant owner liable for damages to the victim like medical bills and lost wages from time away from work?

How Dangerous Is Food Poisoning?

According to the Centers for Disease Control (CDC), around 48 million people suffer from foodborne illnesses each year, but fortunately, most people recover within a few days. Only about 128,000 foodborne illness cases require hospitalization each year, but about 3,000 of those hospitalized food poisoning victims die. 

Food poisoning occurs when infectious organisms contaminate food and then multiply. When cooking doesn’t kill the contamination or the contamination occurs after cooking, the infectious organisms are transferred into the person who consumes the food, causing symptoms like diarrhea, vomiting, stomach pain, cramping, headache, weakness, and fever.

 Common infectious organisms that cause food poisoning include:

• Listeria
• Salmonella
• Botulism
• Campylobacter
• E. Coli
• Hepatitis A
• Norovirus

 Left untreated, serious foodborne illnesses can cause dehydration and death.

What Kind of Lawsuit Is A Food Poisoning Case?

A food poisoning claim or lawsuit is not a personal injury case. Instead, it’s a product liability case. Manufacturers and retailers have a duty to provide safe products that won’t cause harm to consumers. This means they are held strictly liable, so injury victims do not have to prove negligence, they only have to prove that the product was defective—the food was contaminated—the contamination caused the illness, and the injury victim suffered damages from the illness.

What Evidence Do I Need for a Food Poisoning Lawsuit?

Proving a food poisoning case can be challenging. Unlike a slip-and-fall case in a store with a surveillance video, becoming infected through a foodborne pathogen isn’t something visible on video. Proving that the illness was caused by the restaurant requires evidence such as medical records proving a food-borne pathogen was present in the sick person’s stool, and that the contamination occurred from food they purchased in a restaurant. Besides medical records, a food poisoning victim may need to provide evidence that others in the restaurant who ate the food at the same time suffered similar illnesses. Finally, the victim must provide evidence of their “damages,” or the consequences of the illness.

What Damages Can I Recover for a Food Poisoning Case?

When a consumer becomes seriously ill after eating in a restaurant, they may require a stay in the hospital and expensive medical tests, medications, and procedures. They may miss work during the lengthy recovery period. Common compensation in food poisoning cases covers the following:

• Medical bills
• Lost income
• Pain and suffering
• Emotional distress
• Punitive damages

Courts typically only award punitive damages in cases of egregious negligence or misconduct, such as intentionally serving spoiled food to customers or making high-risk decisions such as leaving food out overnight and then serving it the following day.

Because these cases are challenging to prove, it’s best to hire an experienced personal injury attorney in Austin with investigative skills.

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Pedestrians are extremely vulnerable to injuries in traffic accidents. When an unprotected pedestrian and an average 4,000-pound vehicle collide, the results are often devastating or catastrophic to the pedestrian. But because pedestrians are so susceptible to injuries, does that mean they are never at fault or liable in an accident in Texas?

According to traffic laws in Texas, a pedestrian could bear liability in an accident if they fail to follow road rules or behave in a careless or reckless manner while sharing the roadway with motor vehicles.

When Is a Pedestrian Liable for Damages in a Texas Traffic Accident?

Just as drivers have a general duty of care to take reasonable measures to prevent causing injury to others on the roadway, pedestrians also have a duty to follow traffic laws and behave the way another, reasonable individual would under the same circumstances. Some examples of pedestrian liability in a car vs. pedestrian accident include the following:

• Walking in the road when there is a sidewalk available
• Walking on the wrong side of the road—with traffic rather than against traffic
• Darting into the street in front of traffic without allowing time for an oncoming vehicle to stop
• Crossing outside of a crosswalk or intersection
• Walking on a bridge without a pedestrian walkway
• Crossing a street where a pedestrian bridge or tunnel is available nearby
• Failing to use a crossing signal or walking against the signal
• Crossing a street diagonally
• Jaywalking out from between parked cars
• Jogging in high-traffic areas
• Walking at night without reflective clothing

Any of the above careless or reckless actions are actionable negligence on the part of the pedestrian.

What Damages Can a Pedestrian Bear Liability For?

Although pedestrians take the brunt of the damages in most pedestrian vs. motor vehicle accidents, at-fault pedestrians may be responsible for more than their own medical expenses if they cause an accident. For instance, if a pedestrian darts into the street in mid-block and an oncoming driver cannot stop in time to avoid them, the driver could have an accident while swerving to avoid hitting the vulnerable pedestrian. Swerving in traffic could result in a collision with an oncoming vehicle or with an obstacle. In this case, the pedestrian is liable for the driver’s damages, which could include any or all of the following:

• Property damage to the vehicle
• Medical expenses
• Future medical expenses
• Lost wages
• Future income loss
• Diminished future earning capacity due to disabling injury
• Pain and suffering compensation
• Compensation for emotional trauma or loss of enjoyment of life

If a pedestrian causes an accident and the driver’s Austin accident attorney and insurance company confirm the pedestrian’s liability, they are responsible for the damages through their bodily injury liability insurance.

What If a Pedestrian Is Only Partly at Fault for an Accident?

Texas is a comparison negligence insurance state that allows an injury victim to recover a portion of their damages after an accident even if they contributed to the accident as long as they are less than 50% at fault. The insurer subtracts their percentage of fault from their compensation. For example, if a motorist hits a pedestrian in an unmarked intersection crosswalk, but the pedestrian was wearing dark clothing, the investigation could show that both parties shared fault.

In the above example, if the pedestrian was 30% at fault for wearing dark clothing, but the driver was 70% at fault for failing to stop for a pedestrian in a crosswalk, the driver cannot recover compensation for any damages, but the pedestrian could recover their damages minus 30%. If the pedestrian’s damages amount to $100,000, they could recover $70,000.

Whether you are a driver or pedestrian in an accident, it’s always wise to seek help from an Austin injury lawyer to protect your rights.

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Losing a loved one suddenly is shocking and traumatic, causing terrible grief and anguish for close family members left behind. The distress is almost unbearable when loved ones learn that their family member’s loss was preventable if only someone else hadn’t been careless, reckless, or violent. All deaths feel wrong to surviving loved ones, but civil courts in Texas consider a wrongful death as one that directly results from another party’s actions or negligence.

Close family members can recover compensation for their losses such as lost income from a provider, funeral expenses, and compensation for their grief through a wrongful death case. But what evidence is required to build a strong case for compensation after a loved one’s wrongful death?

Collect Evidence After the Death

It’s difficult to keep a cool head during the shock and grief that strikes family members immediately after a loved one’s death, but it’s critical to preserve evidence in the case during the aftermath of the accident, incident, or injury that caused their death. During the days after a loved one’s wrongful death, do the following:

• Document the scene of the accident or injury with photos using a cell phone camera if possible
• Save all available evidence, including your loved one’s clothing
• Ask for a copy of your deceased family member’s most recent medical exam or physical from their doctor
• Obtain a copy of the medical examiner’s report or autopsy findings
• Obtain a copy of the police report if the cause of death was a criminal act or traffic accident
• Save receipts for emergency medical bills, funeral expenses, burial costs, and related expenses
• Gather documents proving your loved one’s income and the benefits they provided the family before they died
• Contact an experienced Texas wrongful death lawyer to help you with your claim

Typically, your Austin wrongful death lawyer will document the evidence and make a compelling case to present to the appropriate insurance company, For instance, a reckless driver’s auto insurance policy or a manufacturer’s product liability insurance after a defective product injury. If the insurer doesn’t offer an ample settlement, the case may go to court in a wrongful death lawsuit.

How Does an Attorney Build a Strong Case for Wrongful Death in Court?

When a wrongful death claim goes to court, it’s typically because the insurance company of the at-fault party disputes the claim or undervalues the amount of damages. In this case, your attorney may use evidence such as eyewitness testimony proving how the death occurred and the negligent or wrongful action that caused it. Evidence may also include expert witness testimony showing the jury how the injury occurred in layman’s terms. This is especially important in complex cases like medical malpractice or a defective product injury requiring experts in the field to help the jury understand the specialized knowledge of the case so they can make an informed decision.

To build a compelling case for wrongful death compensation, the attorney for the plaintiff must demonstrate the following:

• That the at-fault party owed a duty of care to the decedent, such as a driver’s duty to follow traffic laws or a doctor’s duty to treat a patient at the medical industry-accepted standard of care
• That they breached this duty through an act of negligence, recklessness, or wrongdoing
• That the breach of duty directly caused the death
• The decedent’s family members suffered significant economic damages from the loss, as well as grief and anguish

If the evidence proves the above points of liability for wrongful death, a jury is very likely to award the surviving family members compensation for their losses. While a successful wrongful death case doesn’t bring the loved one back, it relieves financial hardship caused by the death so the surviving family members can focus on saying goodbye and moving forward from their grief with a sense of justice. Speak to a personal injury attorney in Austin today to learn more. 

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