Houston Car Accident Lawyer Blog

One of the new tactics of defense lawyers in car accident lawsuits is to obtain or try to obtain information about the victim from the victims Facebook or social media postings. Such things as "have a great day" or showing activities that the victim may be involved in are sought to be used against the victim in a lawsuit.

The goal being making the plaintiff look either like a liar or that they are exaggerating their injury. In other words if the plaintiff complained on Facebook page it would never see the light of day in a lawsuit but if the plaintiff didn't complain or took a vacation the defense would try to blow that out of proportion and make it look bad for the victim.

In almost every deposition these days one of the questions the defense lawyers tend to ask is to use Facebook. While social media is a great way to stay in contact with friends and family it is also a way to hurt a personal injury lawsuit even by the most innocent of postings.

The moral of the story is if you don't want the world to hear about it don't post it on Facebook. This is probably also pretty good advice for children who do not know that Facebook may be creating a permanent record of what they are saying and doing.

I'm sure that if defense lawyers are using Facebook to try to discredit a victim, a prospective employer may also look at Facebook as a way to evaluate a potential employee. The explosion of social media and the Internet has certainly changed the way people communicate and also made such communications "public record".

If you've been seriously injured in a Houston car accident be very careful about what you choose to post online, because you may well here it taken out of context to make you look bad in a auto accident lawsuit.

Continue reading "Facebook And Car Accidents" »

Oh, that trusty technology. For those who are unaware - there are a number of 'safe-driving' apps that are designed to keep drivers and passengers protected while on the road.

*One app is a 'text' intervention application that disrupts a driver's ability to receive or send text messages and/or receive or send emails. While many states are taking up the cause of making texting a legal no-no - there are still far too many cases of this being the source of distracted driving - and the source of injury and death. Moreover, police are disinclined to ticket drivers for this because it's a hassle to prove, etc.

*There are a number of apps similar to the previously mentioned one that performs similar functions - such as preventing phone calls from ringing in on the driver's cell phone - or preventing a person from speaking on the phone as well - cell phone disabling in other words. This is a particularly popular purchase for parents.

*Another particularly helpful app alerts parents when their new teen driver is exceeding the speed limit as well as informing them of other driving infractions. With two boys headed towards the legal driving age - this app has great appeal!

*Finally, there is an app that offers drivers sample 'distracted driving scenarios' that serve to inform and educate drivers about the possible harmful results of driving and not paying attention.

Continue reading "Technology to Prevent Car Accidents" »

I adhere to the 'less is more' theory in life. This is especially true in the case of a serious injury accident in which you are the victim of another persons negligence. First, you should expect to hear from the insurance company representing the other party in the accident. When this happens - remember the motto - less is more or what NOT to say to the insurance adjuster. We recommend that you contact a reputable injury attorney before talking to any insurance companies. If you do choose to give a statement, to an insurance company, consider the following:

*Even if there are no immediate signs of injury - it is best not to make that claim. A blanket statement such as 'everyone's ok' or 'nobody was hurt' may come back to haunt you later - particularly if there are delayed onset of injuries. These could manifest themselves physically or emotionally even several weeks after an accident - and sometimes even in an accident that didn't seem to be 'all that bad'. If you have been in an accident it might be wise to see a physician to ensure that you (and any passengers) are fine.

*At no time should you admit to any wrongdoing that could make you complicit in the blame. For instance, don't say something like 'well, if I hadn't looked away I might have seen the car coming'. If the accident was not your fault you do yourself no favors but trying to make the other party feel 'better'.

A savvy insurance adjuster will use these types of statements (and others) to minimize their responsibility to you. So take a deep breath before speaking and remember - less is more, less is more.

Continue reading " Statements after a Car Accident" »

Slippery when wet is a caution we should expect to see regularly over the next few months as inclement weather becomes the norm across the nation. But what are the dangers of slippery roadways? Let's consider these in this article.

*Slippery roads are especially dangerous to drivers whose vehicles have worn tires. When the tread is worn down on a car then it is not able to grip the road as well. When a driver puts on his or her brakes the vehicle will begin to hydroplane across the highway instead of slowing or stopping the car or truck. A hydroplaning vehicle is much like a sled. It is impossible to maneuver - almost having gained a mind of its own. It will slip and slide on the road until coming to a stop - which usually happens in a collision.

*Even if a driver has new tires with thick new tread - on roadways in which the water has built up it can get into the treads of the tires. When this happens the driver is no longer driving on the pavement but on a layer of water instead. Again - as in the case of worn tires - the vehicle can hydroplane when the brakes are applied.

The most valuable driving behavior to adopt when roads are wet is to slow down and leave ample stopping distance between you and the car or truck in front of you. Drive defensively - because you never know when another vehicle will hydroplane on roads that are slippery when wet.

Continue reading "Hydroplaning Vehicles and Car Accidents" »

Two of the most at-risk populations on the road are the very young or new driver and the very old or senior driver. They share some common behaviors that have been found to be quite deadly. Let us consider these in this blog.

*New drivers have not had the driving experience necessary to make safe decisions. For instance, they are not experienced in determining how much time is necessary to make a left-hand turn across oncoming traffic and avoid a collision.

In fact, this is one of the most common causes of teen driving accidents. Too, they do not have the background to realize the amount of stopping distance that is necessary to avoid hitting a vehicle or person in front of them. This is also true for senior drivers whose sense of timing tends to fade as they age. Turning into traffic and stopping safely are both challenges that seniors and teen drivers seem to fail with great regularity.

*Teen drivers are easily distracted. They often believe that driving a car requires only a small portion of their attention. The rest can be spent chatting up friends, playing music, texting and talking on the phone.

Now, although seniors may not be distracted in the same way - they are distracted nevertheless. Research shows that they can become confused by the commotion of busy traffic experiences. The noise and lights can lead to a negative reaction in senior drivers that has as much potential for accidents as distractions do for teens.

Keep a close track of your teen and senior family members' driving abilities.

Continue reading "Most at Risk For a Car Accident" »

Personal truck and auto engineers are hard at work regularly designing new technology that will help to prevent accidents and/or keep drivers and their passengers safe(r) in the event of a collision. Let's consider some of the most cutting-edge improvements in this blog. To be sure - there are some exciting design elements around the corner!

New vehicle technology falls into three main categories: warnings that alert drivers to impending danger; interventions that augment the actions of the driver; and controls in which the vehicle actually takes over for the driver in decision making for accident avoidance.

In addition, safety engineers are improving vehicle to vehicle communication - called vehicle to vehicle technology - that utilizes a combination of GPS and WI-FI to warn other cars about sudden braking and other unforeseen hazards and take control of the vehicle through intervention long before a human being can react.

Even these 'milliseconds' can make a difference in the severity of an accident. This technology proved to be helpful when a car was changing lanes and was not aware of a stalled car ahead and in warning a car of a vehicle that was bearing down on it when it ran a red light.

This type of new vehicle technology holds the greatest promise for preventing property and injury accidents. One thing is for sure - safety features combined with this new safety technology is advantageous for future drivers.

Continue reading "New Technology Can Prevent Auto Accidents" »

There has been the usual number of car and truck incidents in and around the Houston area. According to recent reports:

In one case the driver of a small truck was traveling at a high rate of speed when he lost control of the truck after he hit a curb. The vehicle rolled several times throwing both the driver and the passenger from the vehicle before it came to rest. Currently both people are in critical condition and the police are investigating whether alcohol played a role in the accident.

In another case a high speed police chase ended when the suspect was stopped as he literally attempted to escape by driving his vehicle ON the railroad tracks. Fortunately for all involved - no one was injured. The man is currently incarcerated in the county jail with several charges pending.

While I have written on a number of occasions about adults leaving children in a hot car (by accident) but in this case the opposite occurred. Allegedly a grandmother decided to leave two little boys in a very cold car while she took a baby with her to shop at a popular department store. The boys were only two and three years of age.

Police were called and the woman was arrested when she returned to the vehicle. She faces felony child endangerment charges. The children were cold but otherwise unharmed. The children's mother came to retrieve the three babies at the scene.

Continue reading "Recent Car Accidents" »

The case for requiring hands-free cell phone while driving is one easily made by anyone driving down the highway and watching people talk on the cell phone. On my way to work this morning I again noticed a car traveling at a very slow rate of speed and actually impeding traffic while the driver was talking on the telephone. This is a common occurrence and one that undoubtedly leads to numerous car accidents across the state of Texas every year.

While studies are inconclusive about the effectiveness of hands-free adapters for cell phones, in practice there is little doubt that cell phone use while driving is both popular and dangerous. Attempts to regulate cell phone use and texting while driving in Texas have been vetoed by our governor and other common sense proposals have failed to pass the legislature.

15 years ago cell phone use was not the problem it is today and cell phones were not "smartphones" which accessible text messages and e-mail. In fact, today a smartphone is an essential tool for any businessperson.

With the explosion of cell phone use comes more and more car accidents that occur because someone was on the phone or looking at their phone and not paying attention to the road ahead.

It is high time that Texas past a ban on texting and limitations on cell phone use while driving to only situations involving hands-free communications. Call your legislator today and demand action.

Continue reading "Should Hands Free Cell Phone Be Required in Texas" »

One of the most common causes of Houston auto accidents is speeding. Many people view the speed limit signs as nothing more than a 'starting point' and add '10' with the mistaken notion that this is an acceptable and common practice that will probably not result in a traffic ticket.

However, research studies have also found that - equally as dangerous are those drivers who travel below or 'well below' the posted speed limit as well. Whether a person is driving slower than the surrounding traffic on city roads or highways, they present the potential for vehicle collisions for several reasons.

If a driver is traveling too slowly in the right hand lane of the highway this may cause unsuspecting drivers to have to switch lanes unexpectedly or brake too quickly - both of which could result in an accident.

If the driver is traveling too slowly in the left hand lane of the highway this is equally as dangerous because this lane is reserved for drivers who travel faster than the steady flow of traffic around them. Again, it may require drivers around them to change lanes or brake quickly and it opens up the possibility for accidents.

Just as there are maximum speed limits - there are minimum speed limits as well in most states. Vehicles that are unable to reach the minimum speed limit are prohibited from traveling on highways.

If you are a driver who is uncomfortable traveling at posted speeds you may choose to find another way to reach a destination.

Disparity in speed can be a killer.

Continue reading "Speeding is a Major Factor in Car Accidents" »

Drugged driving can occur from the use of legal or illegal substances. In the case of legal drugs a person may ingest over-the-counter medication or prescriptive medicine that has an adverse effect on their ability to control a motor vehicle and lead to an automobile accident.

Over-the-counter drug companies will include a warning on their label and again in the directions informing users of the possibility of any side-effects that may or may not affect driving. For instance, many 24 hour multi-symptom relief medicines warn users that they may experience drowsiness and this could have an effect on a number of normal activities.

People who are prescribed medicine by a physician and obtain the medicine from a pharmacy will likely experience two levels of warnings about adverse effects of the prescription.

First, when the doctor makes a diagnosis and hands the patient a prescription he or she will explain any side-effects that may occur while taking the medicine. Then when the prescription is filled the pharmacist will go over dosage instructions and again explain restrictions that may need to be taken while on the medication. Many Houston car accidents fall in this category.

The 'other' type of drugged driving occurs when an individual attempts to drive after taking an illegal substance. This could be anything from marijuana to meth and coke to heroin. All are banned (except in the case of medical marijuana) and all can negatively impact a person's driving ability.

It is safe to say that if you take a drug of any kind - it is better to err on the side of caution. If you need to get somewhere take a cab or get a ride an always be careful who you ride with.

IT seems that the police can issue tickets for just about anything. Speeding, expired plates, expired parking meters, cutting through a parking lot, parking outside of the designated lines, reckless behavior, broken tail lights or headlights, broken license plate light, cracked windshield, littering, driving too slow, having an item dangling from your rear-view mirror, unsafe vehicle and texting while driving.

You can also get moving violations for tailgating or traveling too close, running a stop sign, ignoring construction signs, ignoring safety warnings, running out of gas and endangering other motorists around you, aggressive driving, handicapped parking violation, ignoring railroad crossing lights and warning signals, loose muffler or tailpipe and playing your music too loud.

Don't forget that if you fail to heed the warning lights of ambulances and/or other emergency vehicles you could be subject to a traffic ticket. Too, if you pass a school bus when they have their flashers on you can expect to be pulled over - not to mention traveling too fast through a school zone when school is in session or children are traveling to and from school.

In Houston we did stop getting tickets via a red light camera and a "ticket in the mail" but I was in favor of the red light cameras for safety reasons. Additionally, many folks who run red lights develop amnesia when dealing with a personal injury lawsuit and red light cameras eliminated some common defenses favored by insurers.

If you get a ticket you may want to explore defensive driving as an option.

One of the regular topics of this blog is accidents that occur in and around the Houston area. What follows is information about recent collisions you may have missed.

*A suspected drunk driver finds himself in a lot more trouble than he probably bargained for after he lost control of his pick-up truck and slammed into the back of a police vehicle this morning. On the bright side though (if that's possible); he saved the officer the time and trouble of pulling him over and running him through a series of sobriety tests.

*In another unusual accident residents of a local neighborhood are puzzled as to why police that responded to a vehicle collision allowed the driver to leave the scene. According to witnesses, the driver hit a stop sign and parked vehicle before coming to a stop. They claim they saw empty beer containers in the vehicle and the driver smelled of alcohol. Police who responded to the accident may not have run any sobriety tests on the man before allowing him to leave the scene.

*Finally, a semi-truck accident joined the 'litany' of vehicle collisions on the Beltway early the other morning. The cause of the accident has yet to be determined but there were no serious injuries - an unusual occurrence when commercial trucks end up entangled with passenger vehicles.

Continue reading "Houston Accidents" »

Road rage is a serious problem in the United States. Traffic jams, road construction, overscheduling, and poor driving behavior on behalf of the other drivers on the road all combine to make even the most sane, calm individual go a little crazy at times. If you have ever suffered an episode of road rage consider the following tips to keep your temper in check the next time someone cuts you off (this advice comes straight from a psychologist experienced in helping people handle their emotions and problems in life).

*Don't get mad - don't get even - get peaceful. Compose yourself and get a handle on your anger by counting your blessings and recognizing the event for what it is - a meaningless moment in time that cannot compare to the great things you have going in your life.

*Take two or three deep cleansing breaths. Inhale deeply, exhale fully. If you're not feeling more serene then take two or three more - eventually your blood pressure will go down and you will feel more relaxed - and you'll be on the 'road to road rage recovery'.

*Take yourself to your favorite place - mentally. Distract your own mind with thoughts of a pleasant evening, the smile of your youngest child, your last golf outing - anything that your treasure. Just don't become so distracted that you forget to watch the road in front of you!

*Turn on the radio or your favorite music. Let the chatter or notes soothe your frayed nerves. And live to drive another day. Road rage - not worth it.

Continue reading "Avoid Road Rage" »

It is always sad to report the death of a child but a recent event is heartbreaking. A mother backing out of her driveway ran over her child that had come outside to see her off. According to one statistic from several years ago - 32% of children under the age of five who were killed in the past five years were run over in the driveway. The irony of this is that we spend millions of dollars in safety devices to protect children when they are in the car.

Several factors combine to create this phenomenon. As the size of vehicles has increased over the years it has resulted in more blind spots. Too, people are increasingly harried as they go about the daily business of living. They are distracted and inattentive and in the span of a moment - the literal blink of an eye - tragedy can happen.

More and more vehicles are being equipped with cameras that give you 360 degree vision around the vehicle. This should help to prevent future tragedies of this nature - although a child darting behind a moving vehicle may not allow the driver much time to react and hit the brakes.

It will be years before everyone is driving cars and trucks with this safety feature - and older models are retired. In the meantime remember to account for your child before backing in and out of your driveway and consider an aftermarket monitor- they are only about $100.00.

And talk to your child about the dangers of running in front of or behind cars and trucks.

Continue reading "Dangers Backing Up" »

Selecting a Texas 18 wheeler accident law firm is a very important step in a victim's quest to seek civil justice after a semi truck accident. There are law firms that practice extensively specifically in 18 wheeler accidents, and helping victims pursue cases against truck drivers and trucking companies.

There are also defense law firms that have a practice built around defending trucking companies from claims by victims. You can be assured that even in the clearest case of liability, the insurance carrier for the trucking company will mount a defense and will seek to shift the blame to others or even the victim.

A recent example would be an 18 wheeler accident in Texas, witnessed by numerous people who all indicated that the truck driver ran a red light and the victim's light was green. Nevertheless, the trucking company came up with an "expert" who had the opinion that the accident was the fault of the victim. While some would say that the defense was in fact "frivolous" this serves in it as an example of what an insurance company and defense firm will do to protect the trucking company.

Therefore, it is very important to the victim or the victim's family that they find the most reputable and credible Texas 18 wheeler accident law firm they can as early as possible after the truck wreck. A truck accident law firm who is hired early is in the best position to counter act the trucking companies attempts to blame others for the truck accident.

Finding witnesses, obtaining photographs and documenting the scene as well as obtaining black box data from the truck can be incredibly important in defeating attempts by the insurance company to avoid paying fair and reasonable compensation to a victim or the victim's family in a Texas wrongful death lawsuit.

It is a good idea to ask the law firm about their experiences and successes in handling Texas 18 wheeler accidents and request specific examples that were truck accident cases.

Finding the best truck accident lawyer can have a significant impact on a truck accident case.