San Marcos, TX — October 6, 2024, one person was injured in a car accident at about 9:45 p.m. on the southbound Interstate 35 frontage road.
A preliminary accident report indicates a 2016 Volkswagen Passat was stopped so the driver could change a flat time when it was hit from behind by a 2003 BMW Z4.
The BMW driver, a 53-year-old Kyle man, was seriously injured in the crash, the report states. His name has not been made public.
The Volkswagen driver was not in the car at the time of the crash, according to the report.
Authorities have not released any additional information about the Hays County crash.
Commentary by Attorney Michael Grossman
When a crash occurs because a vehicle stopped to deal with a flat tire is struck from behind, particularly on a busy frontage road at night, it raises serious questions about visibility, vehicle placement and mechanical performance. As with any serious incident that results in injury, a proper investigation must be guided by three key questions: Did the authorities thoroughly investigate the crash? Has anyone considered whether a vehicle defect may have contributed? And has all the relevant electronic data from the crash been collected and preserved?
The report indicates that the Volkswagen was stopped due to a flat tire: a scenario that immediately demands an assessment of how the vehicle was positioned on the roadway. Was it pulled fully onto the shoulder, or was it partially obstructing the lane? Was the vehicle’s hazard lighting activated, and were road conditions or lighting sufficient for the BMW driver to see the disabled car in time? At 9:45 p.m., low visibility could easily have been a factor. These details matter immensely, and a complete scene investigation should include measurements of vehicle positioning, sightlines, and lighting conditions, as well as any physical evidence like brake marks or debris patterns.
Second, the possibility of a mechanical failure or defect in either vehicle should be explored. For the BMW Z4, a vehicle over 20 years old, issues like degraded brakes, dim or misaligned headlights or malfunctioning driver assistance systems could compromise a driver’s ability to respond to a sudden obstacle. Even if the driver had a clear line of sight, an equipment failure could have prevented a timely or adequate response. On the Volkswagen’s side, the circumstances of the flat tire are also relevant: was it caused by a known defect, poor maintenance or a sudden blowout due to road debris or a tire quality issue? A detailed mechanical inspection could help answer those questions.
Finally, both vehicles may contain electronic data that can provide a fuller picture of what happened. The BMW’s engine control module may retain key pre-crash data — speed, throttle position, braking input and steering angle — that could confirm whether the driver made an evasive attempt or whether the vehicle failed to respond as intended. Likewise, the Volkswagen Passat, although stationary, may hold diagnostic records indicating system status at the time it was stopped. Surveillance footage, if available from nearby buildings or traffic systems, could further verify the timeline and help reconstruct the crash.
When a stationary vehicle is struck and someone is seriously hurt, it’s not enough to label the incident as a simple failure to avoid a stopped car. A full investigation — into the conditions, the vehicles and the data — can reveal what really happened and whether the crash could have been prevented. That’s the level of scrutiny that anyone injured in a crash like this deserves.
