On November 30, Cleveland, Texas police were called to the scene of a head-on collision that injured five Texas A&M engineering students from India who were returning to campus from their Thanksgiving break.
The Accident
The students were westbound on State Highway 105 when 25-year-old Ramon Polanco of Cleveland crossed the center line with his pickup truck, in the direct path of the students’ vehicle. Despite their attempts to swerve out of the way, a head-on collision resulted.
Two of the students, Akshay Jain and Ishan Baja, were in very critical condition and airlifted to a local hospital. One of the students was trapped in the car for at least 30 minutes before crews were able to free him. Meanwhile, the driver of the car, Pranav Kannan, had improved by the following night and was listed in stable condition.
Find out what's happening in Windsorfor free with the latest updates from Patch.
Polanco was not arrested or charged in connection with this Texas trucking accident, while state Department of Transportation officials believe that neither speed nor alcohol was involved. However, it was reported that one of the tires on the pickup truck was so badly worn that the tread looked smooth.
A Legacy of Tragedy
That stretch of Highway 105 has long been the scene of accidents, with some local residents saying that they’ve become used to hearing sirens and helicopters. The roadside itself has numerous makeshift monuments to those who have died in such wrecks.
Find out what's happening in Windsorfor free with the latest updates from Patch.
Deadly Physics
In 2013, over 89,000 people were seriously injured in Texas vehicle accidents, and the severity of head-on collisions can be seen in this simple scientific fact: the combined force of the impact from a head-on collision is the respective MPH of each vehicle. Thus, two cars going 55 MPH hit each other at a force of 110 mph.
Cringe-Worthy Numbers
Lethal force like that is one reason why just three years ago, there were 419 fatalities from head-on accidents in Texas. That number accounted for 14 percent of the overall deaths that took place on the roadways.
One contributing factor to these accidents relates to alcohol. One recent study of head-on collisions indicated that drivers with a blood alcohol concentration (BAC) of more than twice the legal limit were involved in 59 percent of the crashes.
With larger trucks, the numbers are just as ominous. The Texas Department of Public Safety conducts what they call a “Road Check” on commercial trucks. They’ve found that 27 to 30 percent of the vehicles should not even be on the road due to such things as safety light malfunctions, aging tires, failing brakes or simply unqualified drivers.
In Texas, there is a two year statute of limitations for filing a personal injury lawsuit, with that span beginning on the day of the accident. The insurance process should be taken care of as quickly as possible so that any legal action can then commence.
Modified Comparative Fault
The concept of modified comparative fault is important to keep in mind, since this rule is in effect in Texas. Here, the judgment occurs when the plaintiff is found to be partly responsible for the accident. If that fault is determined to be 50 percent or more, any damages received will be eliminated.
