Houston Car Accident Lawyer Blog

According to a recent study performed by the Society of American Engineers and the findings presented at a symposium in Ohio, one of the greatest culprits of automobile accidents has nothing to do with drinking or distracted driving. Nope. It is the simple act of failing to use turn signals that is the leading cause of automobile accidents!

In fact, the SAE estimates that it accounts for 2 million accidents annually. Moreover," the study finds drivers across the country don't use their turn signals nearly half of the time when changing lanes, and people fail to signal a quarter of the time when making a turn in all, 750 billion times a year!

Presenters suggest that law enforcement needs to 'crack' down on these scofflaws - and, I am in no way making light of the situation. Consider the following facts about turn signals and driving:

*57 percent of American drivers admitted not using turn signals when changing lanes.
*Among drivers 18 to 24, 71 percent said they don't use their signals.
*Forty-two percent of the signal-avoiders said they didn't have time.
*23 percent admitted they were just too lazy.
*All states require drivers to use directional signals to indicate their intention to turn, change lanes or pass a vehicle.
*All states require drivers to use directional signals to indicate their intention to turn, change lanes or pass a vehicle.

Never fear though - engineers to the rescue. Newer vehicles are being designed that will automatically signal for the driver. The technology will be based on the movement of the car!

Continue reading "Turn Signal Accidents" »

We love our cars - they are our home away from home and many of us spend as many hours in our vehicles as we do at our apartments or houses! So it should come as no surprise that vehicle manufacturers continuously strive to make the driving experience comfortable and enjoyable - that is, after all, how they sell their product (I just saw that one manufacturer is replacing chairs with sofas in their larger vehicles).

Jumping on this bandwagon are the makers of all electronic devices that improve the driving experience. A favorite? Hands free devices for cell-phones. Actually, cell phone companies really didn't have a choice in this matter. They are the target of increased negative publicity with regard to the cause of collisions being traced to cell phone usage of one type of another (talking, texting, dialing, etc.).

Americans still don't seem to understand that when they take their eyes off the road for even a moment ro attend to a cell phone distraction - they put themselves and all those around them at increased risk for injury or death.

So a flurry of devices have been developed and marketed - most notably, voice recognition software that will dial a number for a driver or talk back to them in response to a question - freeing the driver from the actual activity of performing the physical function associated with dialing a phone or typing a text.

Unfortunately, more than one study has revealed that these new devices only serve to mask the problem - because the distraction carries over to dividing one's attention between driving and talking on the phone or responding to a text.

People just don't get it - distracted driving means not giving driving the attention it deserves to ensure your own safety - as well as those around you.

Continue reading "Distracted Driving Includes Hands Free Devises" »

Having been an automobile accident attorney for a number of years it is my observation that we place ample concern on drunk driving - and very little on its companion culprit- drugged driving. Let us consider some of the facts of drugged driving in this note.

*Drugged driving statutes regularly lag behind alcohol-related driving legislation. The most obvious reason for this is that we currently lack the technology to determine drug levels in an individual's system and assign a resulting impairment. For example, how much cocaine might a person have smoked before getting into a car? How did it affect their driving?

How does cocaine normally affect an individual's ability to motor safely? Basically, there is no agreed-upon limit for which impairment has been reliably demonstrated with illicit drugs AND pinpointing current drug levels is challenging because some drugs linger in the body for a period of days or weeks after initial ingestion.

*Statistics for drugged drivers is more nebulous than drunk drivers. All of the following data was collected by the National Highway Transportation Safety Administration:

-a recent survey found that 16 percent of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medications

- 11 percent of drivers stopped tested positive for illicit drugs

-18 percent of drivers in a fatal accident tested positive for at least one drug (e.g., illicit, prescription, or over-the-counter)

-an estimated 10.5 million people reported driving under the influence of illicit drugs which calculates to over four percent of the driving population

Drugged driving - dangerous. Fatal.

For most people being in a serious car accident is a new experience. Unfortunately, due to a combination of tort reform and the failure to regulate claims handling practices in Texas, the claim handling process has gotten very painful for Texas families.

In an effort to curb "frivolous lawsuits" Texas enacted tort reform and it has had a consequence of emboldening insurance companies and actually making more lawsuits necessary for legitimate and fair compensation. Prior to tort reform the number of lawsuits filed after a car accident was about 10 to 15% at best. Today, the number is much higher mainly due to the "sue us" positions now taking by insurance companies.

Between recent court rulings and provisions legislated the consumer or the Texas family is left with little choice but to hire an attorney after even the clearest liability claims. The situation is compounded by the refusal of the insurance carrier to give any consideration to the individual claimant by the adjuster.

In Texas, lawsuits are required more frequently and unfortunately, tort reform has made the litigation much more expensive to the innocent victim-the Texas family. Changes in the way that medical bills are presented to the court have wreaked havoc and vastly increased the costs to a lawyer in handling a personal injury claim from a car accident.

The insurance carriers hiring "employee" attorneys to represent the negligent party in a car accident case also exacerbate the situation. The conflict between an employee of the insurance company and a lawyer who wants to do the right thing for the client is obvious. Nevertheless it is how business is done in Texas today.

Requiring a lawsuit for reasonable compensation does more than inconvenience the victims and run up the cost to the victims, it also is a hassle for the negligent party by requiring their attendance at trial and the stress of a deposition and court appearance.

The refusal of the insurance company to give fair or reasonable consideration to the claim cost time and money to the innocent Texas family and also requires substantial time and effort on the part of the wrongdoer.

Texas is in need of insurance reform to rectify the runaway abusive claims handling practices in Texas. One easy solution that would benefit all Texas families is to require the insurance companies reaping profits in Texas to pay out 80% of their premiums collected in actual claims. If the insurance company saves money on claims, the policyholders (Texas families) will be the winner by reducing everyone's premiums.

It is a sad day in Texas when the benefits of tort reform combined with failure to regulate insurance companies has been used against Texas families to the sole profit of the insurance companies, all on the backs of Texas families.

Call your state legislator and demand meaningful insurance reform to return fairness to Texas families.

One of the most important factors for a Texas consumer is the ability to compare apples to apples and oranges to oranges. Unfortunately, when insurance companies can offer "junk policies" it would take a lawyer or an insurance expert to compare coverage and costs to make sure that Texas family gets the best deal.

Without standardized forms, consumers can be sold coverage that in effect has so many exclusions that it is really not coverage at all. Buying a policy only to find out when you need it the most that it doesn't help you is a very painful experience but one very likely to happen without standardized forms in Texas.

The purpose of requiring approval of various forms is to make sure that the public is protected and that they are getting what they think they are buying for their dollars. Allowing insurance companies to write their own policies without approval or standardization will lead to many Texas families bearing a loss that they thought they had insurance to cover.

Texas family should be very careful when selecting home or auto insurance to make sure that they have the coverage that they think they are buying and that when comparing prices they now must actually read the policies to see what they're getting for their hard-earned money. Texas family should also contact their representatives in Austin and tell them that they are for standardized auto policies in Texas and not junk policies.

Continue reading "The Case For Standardized Insurance Policies In Texas" »

Foot and ankle injuries are some of the most common to present at doctors' offices and emergency rooms. In fact, a sprained ankle is the most common orthopedic injury of all. Every day, about 25,000 people in the U.S. suffer an ankle sprain.

Ankle sprains occur in both athletes and those with sedentary lifestyles, and they can occur during sports or when walking to carry out daily activities.

An ankle sprain is actually an injury to the ligaments of the ankle joint. Physiologically speaking, these ligaments are elastic, band-like structures that hold the bones of the ankle joint together and prevent excess turning and twisting of the joint. In normal movement, the ligaments ARE able to stretch slightly and then retract back to their normal shape and size.

A sprain results when the ligaments of the ankle have been stretched beyond their limits. In severe sprains, the ligaments may be partially or completely torn.

A fractured or broken foot is much more serious and painful. Fractures, or broken bones, of the foot and ankle are common injuries. Because our feet and ankles are necessary for walking, it is important to properly treat fractures.

The foot itself contains 26 bones. When one of these bones is fractured, your foot is considered broken. Bones usually break when something crushes, bends, twists, or stretches the bone. Most bones break suddenly during an accident or direct injury.

Occasionally, small cracks can form in bones over a long period of time from repeated stress on the bones. These are called stress fractures. Foot fractures are typically characterized by: pain, swelling, bruising, deformity and difficulty or total inability to walk.

Fractures are often caused by negligence - as a result of a car accident or an 18 wheeler accident. In addition, negligence may play a role in the injury - and if so the victim may be well advised to seek the counsel of a Texas personal injury lawyer.

Spring has sprung and our thoughts turn to - road construction. That's right. With the bloom of flowers and trees comes the inevitable string of orange barrels along highway after highway across Texas and the country. What follows are some facts about America's roads and construction.

*Almost all roads, bridges, airports and transit systems in the U.S. are owned by state and local governments or government-created agencies, which are responsible for constructing and maintaining them. Every state has a department of transportation (DOT). But most counties and cities also have a department of transportation as well.

*The federal government helps state and local governments pay for construction and upkeep of airports, transit systems and major roads, but actually owns very little of the nation's transportation infrastructure.

*There are 4.05 million miles of road in the United States. The bulk of the nation's highway system is the 46,720 miles of Interstate Highways, which make up approximately one percent of highway mileage but carry one-quarter of all highway traffic. Of the remaining 3.9 million miles of road, about 2.6 million miles are paved, which includes most roads in urban areas. However, 1.3 million miles or more than one-third of all road miles in the U.S. are still unpaved gravel or dirt roads.

*Between 1999 and 2009, the U.S. built an average of 13,300 center-line miles of new roads per year. This, along with widening of existing roads, added 39,900 lane-miles per year. Almost 90 percent of the new road capacity added during that time represented local roads to develop new residential neighborhoods, not additional capacity to the arterials and expressways that carry most highway traffic.

This information is taken from a DOT report. You may access this information by following the link below.

http://www.artba.org/about/faqs-transportation-general-public/faqs/#9.

As Houston drivers know, the stop and go traffic during rush hour can be extremely dangerous and lead to many car accidents and personal injury claims. I am happy to see Houston taking steps to alleviate some of the congestion on our highways with projects such as the grand parkway and proposed help for US 290.

If you are a regular 'consumer' of legal dramas then you are probably familiar with the term 'pain and suffering'. But how is this calculated in the real world of injury and fatality accidents? First, pain and suffering is the legal term in Texas for the physical hurt caused from an injury. Resulting damages could be categorized as aches, temporary and permanent soreness or pain.

Other legal damages in Texas on personal injury claims include physical limitation, which is the limitation on activity, and also emotional distress, which would include such things as depression or worry.

Lawsuits that result from these types of injuries commonly seek money for compensation or that, which is lost as well as for the pain and stress and limitations associated with virtually any injury.

In a suit, pain and suffering is part of the "general damages" section of a plaintiff's or an element of "compensatory damages that includes claims for recovery for mental anguish and/or physical pain endured by the plaintiff as a result of the injury for which the plaintiff seeks redress.

The settlement or verdict a person may receive for their pain and suffering depends on many factors. This includes, the liability factors, the severity of the injury, type of medical treatment received, the length of recovery time, and potential long-term consequences of the personal injuries. In addition to physical pain, claimants can also cite emotional and psychological trauma in their pain and suffering claims. A qualified physicians testimony is the most important factor in determining the value of the claim.

There is no set formula under the law. It is simply what the jury feels is right, and the jury's decision in Texas is rarely upset on appeal by a victim.

if you have been injured in a car accident you are best off speaking with a car accident attorney before you talk with any insurance company.

Technology is changing all aspects of the automobile. For instance, Volvo is making a car that can avoid low-speed collisions. Called the 'City Safety Package' - it is essentially a low-speed braking system designed to help drivers avoid fender benders and other 'bumps' most characteristic of city driving.

The braking system only works at low speeds, (20 mph or less) using light detection and a ranging system. A laser is imbedded in the top of the windshield facing out. It senses anything from license plate shadows to bumpers that fall within a twenty foot range. Additionally, it detects the speed at which the object is approaching and can also determine if the driver of the other vehicle is BRAKING! Then the system 'brakes' the car for you! Personal injury lawyers will notice a drop in auto accidents and less people will be injured with the technology advances we will see in the next 10 years.

In fact, there is a wealth of new car technology that is designed to make the driving experience safer for everyone. The vehicles of today and tomorrow will be packed with warning systems that beep, buzz, light up and actually talk to the driver all with the goal of keeping everyone free from harm.

The newest direction that the technology is taking is that of 'divining' the state of the driver - is he or she fatigued, intoxicated, inattentive? If so, then the car will intercede with a variety of warnings.

Surprisingly, the greatest concern with all this 'newfangled' technology may be that older drivers will have difficulty adjusting to having their 'autonomy' overridden by a 'sensor'.

Well, there's a down side to everything!

In an era of higher gas prices, there are many common sense ways that can reduce your cost of gas. Here are some tips to reducing your gas bill.

1. Look for apps that keep track of gas prices and check them when you need to fill up. Gasbuddy and mapquest are two such online sources.

2. Be aware of discounts that your grocery store may offer for loyalty and factor that into your gas buying equation.

3. Reduce your speed and you can save significantly by increasing your miles per gallon. Additionally, you will save not only money but stress if you "drive friendly".

4. Check your tire pressure. Not only can you save gasoline but you can increase your tires useful life and the much safer as well.

5. Combine trips when possible and plan your route in advance. Running errands? Is there a grocery store close to the cleaners you use? You can reduce the miles you travel simply by planning your travel and making fewer trips to the store.

6. Can you do it online? Today shopping online is almost easier than driving to a corner store to obtain the same things. Look for specials and free shipping and you may save a trip or two.

7. Carpool-by carpooling with other families when shuttling the kids to and from school and activities you can save a lot of time and money.

Continue reading "Ways to Save on Gas" »

If the headlines are any indication - then cars that 'drive themselves' is all the rage' or the 'next big thing' for the auto industry. While I realize I may have touched on this topic previously - I will use this entry to update my readers.

GOOGLE (who knew they were in the car business?) has been working on a car for several years that can not only drive itself with the use of artificial-intelligence software but can also sense anything near the car and mimic the decisions made by a human driver!!! To date test cars have driven well over 1,000 miles with no human intervention and more than 150,000 miles with only the occasional human hand on the control.

Not to be outdone - BMW is also working on a car that will drive itself. BMW's self-autonomous system uses four types of sensors, radar, cameras, laser scanners and ultrasound distance sensors and can even change lanes and go around a slower vehicle in front of it.

The technology designed by the team was developed using special algorithms that handle every situation and uses the car's position in pre-mapped highways to navigate and the location of other cars to avoid collisions. (Can this be real?)

Apparently the idea has caught the imagination of nearly every automobile maker out there because Ford and Volvo are jumping into the 'game' as well.

Cars that drive themselves? The ultimate cruise control.

Greg Baumgartner is an auto accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a car crash attorney call the Baumgartner firm.

For statistical purposes anything that is not considered a 'truck' falls under the category of 'automobile'. This includes SUVs, jeeps, minivans, subcompacts, convertibles, sports cars and sedans. They vary markedly from any type of truck - personal or commercial. Let us consider reports of recent automobile accidents in the greater Houston area.

*A driver of an SUV lost control of his vehicle in the early morning hours of a weekday recently. The sports utility vehicle crossed over a parking lot and through a fence before crashing into the concrete wall of a retail shop.

One passenger was killed and two others had to be extracted from the SUV before being transported to a local hospital. Speed and intoxication are suspected to have played a factor in the accident.

*A teen below the legal age for driving chose to borrow his mother's SUV (without permission) anyway to get to school. Not schooled in the finer points of driving - such as adhering to traffic signs - the young man ran a stop sign.

A police officer saw him and when he tried to pull the teen over - the teen took off with the cop in pursuit. When all was said and done the young man hit several vehicles before coming to rest in the middle of a Houston intersection. Fortunately, there were no serious injuries.

If you or a loved one have been seriously injured in a Houston auto accident and would like to speak with a Houston auto accident attorney call the Baumgartner Law Firm.

I was struck today by an article written about a woman who fell off a pier while texting and walking. Not long ago, a YouTube video went viral about a woman texting and falling into a pool at a mall. Both of these events leave little doubt that texting while walking can be very dangerous.

The problem of inattention at walking speeds is greatly magnified at highway speeds. In attention and texting can be a fatal mistake in the blink of an eye. Studies have shown that texting or reading an e-mail can equal 2 seconds of safety while driving on the highway. That is usually the cushion between you and an auto accident.

Commercial truckers have been banned from texting while driving for over a year now and it is clear that the ban will save lives. When the Department of Transportation issued the rule banning texting while driving there was ample evidence of the need for such ban not only for professional truck drivers but also for everyone.

Many states and cities have issued one form or another of bands on texting or e-mailing while driving and many nonprofit groups are fighting for uniform regulations for everyone. Texas political leaders past a bill which would have provided some regulation for texting while driving or distracted driving, however Gov. Perry chose to veto the bill by refusing to sign it into law.

Almost every day, I see some form of distracted driving when a motorist is using a cell phone and driving. Most often, it is the driver who is stopped at a green light or traveling substantially under the flow of traffic due to their talking on the phone. Other times it can be more dangerous situations.

There has been proposed a model uniform distractive driving act which could be enacted in many states with some grassroots efforts by families seeking safer communities. Let us hope that Texas becomes one of those states in the near future.

Continue reading "The Dangers of Texting and Driving" »

The Department of Transportation has recently delayed implementing a rule, which would have required backup cameras in new cars and light trucks starting in 2014. The initial rule was to have come out this week and has been delayed probably until the end of the year.

Backup cameras have been instrumental in reducing accidents particularly among small children and pedestrians. Not only do estimates indicate that 300 lives a year could be saved through the backup camera rule, but a huge amount of money can be saved in reduced property damage claims for backing up accidents.

In 2007 a law was implemented that asked the DOT to increase visibility for drivers to see pedestrians behind their vehicle. The DOT has worked hard on the new regulations and should be applauded for their work. Although the delay is unfortunate, I believe the critical part is to get it right even if it takes more time.

There are many issues with respect to back up monitors including such factors as location, and size of the screen that can make a remarkable difference in whether or not the driver actually uses the backup monitor. Some backup monitors are so small that it makes it difficult for some to adequately utilize them.

For those driving older vehicles without a backup monitor the good news is that you can buy aftermarket backup cameras relatively inexpensively. A very good backup monitor can be purchased for less than $200 installed.

Another issue that is prevalent is how soon the images behind the vehicle should appear in the monitor. The shorter the time the better for the motoring public because many drivers particularly in a hurry to get to work or pick up the kids are not going to wait for a backup monitor to boot up before putting the car in reverse.

On balance, I believe the slight increase in the cost of the new vehicle will be more than offset by the reduced property damage claims alone.

Continue reading "Backup Monitors For All Cars Delayed" »

Insuring a motor vehicle of any type against the eventuality of a collision in which property or personal injury and damage may occur is an accepted cost of the privilege of driving. Yet, particularly in recent years with an economy in disarray and unemployment figures in double digits - millions of drivers continue to join the ranks of the uninsured.

They may reason that 'you can't get blood from a turnip' and the cost and damages of any accident will be unattainable by a plaintiff should they get hurt by a negligent driver without insurance (unless the victim carried uninsured motorist coverage on their car policy). Unfortunately, this has proven true on a number of occasions.

According to one resource, the number of uninsured motorists in the United States hovers around 14% of all persons who slide behind the wheel of an automobile or truck. In real terms this means that there are literally tens of thousands of uninsured drivers on American roadways at any given time - a reality that is problematic for everyone. In Texas the number runs higher according to estimates.

The question for the responsible driver becomes - 'what can I do to further protect myself and my loved ones in the case of an accident with an uninsured motorist'?

More and more drivers are purchasing uninsured/underinsured motorist coverage with their policies. In the eventuality of an accident - the driver and passengers are then protected in the case of the lack of insurance coverage by the other party. This ensures there will be little delay in paying for such things as medical costs, property damage and more.

Although this may seem to be an additional and frustrating cost to bear as a driver - it is always better to be prepared and if you are ever in a very serious car accident you will be glad you paid for the coverage.

When in doubt, talk with your insurance agent about the costs and coverage available to protect your family.

Continue reading "Accidents With Uninsured Drivers" »