According to KXAN 5 teenagers were injured while standing on a curb due to a nearby two-car accident in Thrall Texas. The accident occurred around 6:35 p.m. Tuesday October 18 when two vehicles collided near the corner of U.S. Highway 79 and County Road 424. The collision caused one of the vehicles to strike the 5 boys on the curb. All 5 were taken to Seton Medical Center Williamson where their statuses were unknown.
Site of the Accident
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Commentary
I think I speak for everyone in hoping these young men recover quickly and return to the football field. Because of the variables involved a third party investigation is needed to determine a strategy going forward regarding any civil remedies. If the police reports and subsequent investigation finds fault on behalf of a driver there could be standing for several personal injury claims.
For a potential claim to have merit the plaintiff is tasked with the burden of proof in a few key areas. First a victim must prove that the defendant owed them a duty of care in regards to the accident. This task is typically straightforward especially in this incident as standing on a curb should be a safe affair. From there a breach of this duty must be demonstrated normally by showing the defendant acted beyond how a reasonable person would act. Next causation is needed linking the defendants breach of duty to the wreck and injuries in question. This is where the value of the police reports and separate investigation are revealed as these could solidify a claim. Finally a tally of damages must be made to determine what a victim believes they are owed. The trick is timing on this as too soon of a demand could negate future damages like rehabilitation but waiting too long could allow an insurance company to start disputing payouts.
Austin Personal Injury Attorney Michael Grossman
