Our office had the opportunity to investigate and litigate a case involving an auto building crash. These crashes occur approximately 60 times a day in the USA! In Houston, according to an investigation by KPRC, Channel 2, in April 2015 there were 20 incidents in Houston alone!
The National Storefront Council has investigated and studied this issue and states that "many of these crashes are the result of driver error and often because the businesses tend to orient themselves toward the street or parking lot...and the design strategy creates vulnerabilities...and the problem persists because of the lack of the will to correct the situation." Pedal error accidents are common, which include hitting the gas instead of the brake. Since pedal errors cannot be prevented, it is prudent that these errant vehicles be prevented from striking buildings, pedestrians and the occupants of the buildings by eliminating nose in parking or installing steel bollards or other preventative means.
The cases involving vehicle building crashes get legally complicated as a result of insurance coverage issues, joint responsibility issues and responsible third party issues. The premises liability law in Texas is complicated and presents challenges for an injured party to prevail. It is important to timely identity, prior to the expiration of any applicable statute of limitations, all potential parties in any case, but in particular a auto building crash case. Many times an errant driver will not have adequate insurance coverage when there are serious injuries or fatalities, so it is very important to identify all parties that may be responsible for the injury or death.
If you or a family member has been involved in an auto building crash and sustained injury, contact our office for a free consultation on you rights.