Houston Car Accident Lawyer Blog

While we have often suggested that accident victims defer to a qualified personal injury attorney to represent them in any litigious circumstance - we have not discussed the types of fees that can be incurred when hiring a lawyer. Let us take this blog to review the common types of fees a lawyer may charge.

If you have secured the services of an attorney to represent you in a legal matter there are a number of tasks you may not realize are part and parcel of the job. Depending on the complexity of the job it involves drafting legal documents and letters, making phone calls and conducting interviews of witnesses and family members for example, legal research, court appearances, discovery, depositions and general law office expenses.

If you have hired a law firm on an hourly rate, every time someone in the law firm spends time on the matter it may well showup on the bill.

Firms in major geographic areas such as Houston may charge more in order to remain competitive and firm makeup may also play a role in the final costs.

In addition, lawyers may charge a consultation fee for an initial meeting - although many will do a 'first sit-down' for free. The attorney will then either bill you per hour, set a flat fee or work on a contingency fee.

A variety of circumstances may alter the actual cost of each billable hour - for instance, work done by a paralegal may be charged at a much lesser rate than the actual attorney fees. If the lawyer works on a contingency then he or she recovers his fees as part of a settlement or recovery.

The lawyer does not get paid if the case is lost because the fees are continguent on recovery. To many injury victims this is the only economically feasible way they can hire a lawyer to help them.

Lawyers may also charge a simple task based fee such as a flat fee to draw up a will. Finally, some attorneys may require a retainer - a down payment against future bills.

When a person is embroiled in an car accident or truck accident lawsuit then professional expertise is vital. At times like these you can't afford not to have qualified representation.

The best advise is to choose your attorney well and read carefully and ask questions about the specifics of a fee agreement.

Continue reading "What You Need to Know About Attorneys Fees" »

Traffic cams play an increasing role in analyzing traffic accidents today. These devices are actual video cameras placed along highways, freeways and other major thoroughfares and connected with fiber optics.

A monitoring center receives live video feed in real time and can act as a dispatcher if an accident or safety issue is detected. For those who are techno savvy you can even watch individual frames from the traffic cam that are posted to the internet every few moments.

Traffic cams are separate from road safety - or traffic enforcement - cameras. detect traffic regulation violations such as speeding, vehicles going through a red traffic light, and unauthorized use of a bus lane.

These devices are designed to enforce traffic laws and can take still photos of individual cars (and their license plates) at a much higher resolution than a traffic cam. Traffic tickets may be issued based on the pictures from a safety camera - and difficult to dispute since its 'on tape' (so to speak).

A third type of traffic cam is the Online Traffic Cameras. These are actually linked to a website that allows the public to view real time traffic conditions. However, they usually refresh every sixty seconds - look for them on government websites.

Of course these devices are not without their vociferous detractors. Civil rights groups liken it to the age of 'Big Brother' watching while others consider it an invasion of privacy.

Finally, these cameras give the appearance of nothing more than a new source of revenue collection for local, state and federal municipalities.

However, anytime something serves to make our Houston streets safer, i am for it.

Continue reading "Traffic Cams- Helpful or a Revenue Stream" »

Both states and the federal government offer ample guidance to the prospective used car buyer. Consider the following advice before making your next purchase.

First, think about your own driving habits. If you put a lot of miles on a car each year then purchasing one with high mileage is most likely a mistake. Perhaps it is best to choose a class of car or target size when you set out to look.

Next, decide and nail down your financing options before you start looking. No matter whether you intend to pay cash or get a loan go into the car shopping experience with this as your main consideration. Do not overextend yourself financially (even if a dealership is willing to help you) or owning the car will turn into a headache.

Visit reliable dealerships to get an idea of what's available and the asking prices. Some of the more popular websites such as craigslist.org have a used car section that offers cars by owners and dealers.

The advantage of buying from a dealer is they often offer a limited warranty. The advantage of buying from an owner is that the price is usually lower. Also, don't overlook auto auctions - these take place on line and in nearly every city in the country. Police also hold auctions of cars they've impounded or otherwise taken possession of.

Test drive the car paying attention to unusual noises, acceleration and deceleration, cargo space and cornering. Ask to have an independent auto mechanic look at it .... And ask for the CarFax.

When you find what you like and you are sure it is a safe car with a few good years of life ahead of it then seal the deal. Remember, the educated consumer makes the best choices and a safe car can save your live.

Continue reading "Advise on Buying a Car" »

It seems like almost every day Houston is faced with another report of a hit and run accident involving serious injury or wrongful death. Reported today was an accident leaving one man with a severely mangled leg and another victim with a badly broken leg.

According to reports, a man was pushing a Honda down the far right lane of US 59 Frontage Rd. when it was struck from behind by a white Mitsubishi leaving the victims severely injured. It was reported that the driver of the white Mitsubishi abandoned the car and fled on foot.

Fortunately, a woman and a baby who were passengers in the Honda were not hurt in the car accident. Officers indicated that if they catch the Mitsubishi driver charges will be filed in the case.

Houston has been plagued by hit and run accidents recently. Other news sources have done specials on the runaway hit and run problem that Houstonians face.

If you have any knowledge of this hit and run accident or any other Houston hit and run accident please contact the Houston Police Department hit and run division.

Continue reading "Another Houston Hit and Run Accident " »

It has been reported that at least one person died in a car accident in northwest Harris County Saturday night. The car accident happened about 9:20 PM at the intersection of Cypresswood and Kuykendahl.

Reportedly, deputies seek a driver who may have fled the scene. If you have information which may aide the investigation you can call Houston Police Department -Hit and Run Division at 713-247-4065.

Houston has suffered numerous hit and runs recently and this weekend was an example of why we need to give our law enforcement agencies additional personnel and technology.

On Friday, in a separate hit and run accident, a driver was charged for hit and run after he allegedly left the scene after dragging a passenger who was trying to enter the car.

According to reports, the passenger exited the vehicle and tried to get in the driver's door when the driver took off resulting in a man being dragged for about a block. Unfortunately, the passenger died from injuries sustained in the accident.

Reports indicate that the driver left the scene but returned later.

Houston has been plagued by hit and run accidents and it's time we took steps as a community to help law enforcement solve hit-and-run crimes.

Continue reading "Two More Houston Hit And Run Fatalities" »

Maintaining an assured clear distance to have a decent stopping distance between your vehicle and those around you - particularly the vehicle in front is critical for safe driving.
Perhaps the average driver is unaware that there are highly refined equations related to stopping distances for trucks and automobiles.

Many times Houston truck accident attorneys use experts to reconstruct an accident and they apply engineering to the known formulas to recreate an accident.
While the formulas themselves would be boring, let's consider some statistics and research on the topic.

If a street surface is dry, the average driver can safely decelerate an automobile or light truck with reasonably good tires at the rate of about 15 feet per second (fps). That is, a driver can slow down at this rate without losing control of the car.

The measure of velocity is distance divided by time (fps), stated as feet per second.
For the statistical novice consider the following explanation:
Velocity is reduced 15 fps every second. If the initial velocity were 60 mph, 88 fps, after 1 second elapsed, the vehicle velocity would be 73 fps, after 2 seconds it would be 58 fps decreasing accordingly thereafter.

Given a typical dry roadway, it would mean that a driver could stop the described vehicle in a total of 6.87 seconds (including a 1 second delay for driver reaction) and your total stopping distance would be 302.28 feet, slightly more than a football field in length. While most newer car manufacturers publish stopping distances much less than that number many times those numbers should not be relied on to avoid an accident.

A football field is often too lengthy of a span to slow down to prevent an accident. The cautious driver will leave plenty of room between their vehicle and the one in front, I know on Houston highways it is often difficult to maintain an assured clear distance- but try your best.

Continue reading "What You Need to Know About Stopping Distance" »

Motorcycle riders who are involved in an accident are more likely to experience catastrophic injuries than those in other types of wrecks because the rider lacks the added protection of safety devices such as seat belts as well as the weight of a car or truck to shield them.

In fact, statistics show that a motorcycle rider is 30 times more likely to die from an accident than any other type of vehicle driver. At the same time while deaths in all other types of vehicle wrecks have shown a slight decline - those of motorcycle riders have increased slightly each year.

Automobile manufacturers pour millions of dollars each year into designing safety features for their products. The question is - are there any safety devices on motorcycles?

Unfortunately the short answer to this is not many. Three fourths of motorcycle accidents involve a collision with another vehicle and 2/3rds of these are the result of motorists - not motorcycle driver - error.

When a motorcycle is hit the rider is usually thrown from the cycle. The likelihood that a 'seat belt' would minimize injuries and fatalities is a fallacy because the rider would simply slide with the bike and suffer other equally hazardous injuries.

The motorcyclist has at his or her disposal three of the most effective safety devices that have been designed to date for choppers - the horn, headlight and helmet. THE first two help to remind vehicle drivers that a motorcycle is present and near them on the roadway - and to give the motorcycle its due right of way.

A helmet helps to minimize devastating injuries and fatalities by up to 50% in some accidents. Finally, there is specific outerwear designed for the motorcyclist to prevent major skin injuries in the case of an accident and this clothing has been determined on more than one occasion to be worth the investment.

Continue reading "Motor Cycle Riders Need Extra Protection" »

The latest concern for drivers is motoring with dogs that are not secured by a pet harness. According to a recent news article, research finds that in an accident, an unrestrained pet may travel at a force up to five times its weight maiming or killing the driver or a passenger as well as itself.

True dog lovers are already aware that pet auto restraints are available for purchase in a number of forms. The most common form of safety device for dogs is a car harness. Installation is fairly simply.

You begin by inserting your vehicle's seat belt into the harness's buckle then slip the seat belt into the quick link that is delivered in an open position for easy use. The quick link is then fastened to the seat belt and the animal.

Then in the case of a sudden stop the dog is restrained from flying freely throughout the vehicle.

Drivers may also purchase actual dog car seats and booster seats for their pets. These come in a variety of sizes to accommodate dogs of all sizes. All of these include a seat belt for dogs but some come with the added protection of a mesh cage which further secures your pet in the event of a vehicle collision.

Unfortunately, statistics on the number of injuries and or deaths caused by unrestrained pets in an automobile accident are difficult to uncover. But there are a number of anecdotal stories that relate the horror of such an incident.

Just a few months ago a driver was distracted by his pet seated in his lap and he lost control - killing a teenage pedestrian. This type of accident plays out daily across the country. The cost of a pet restraint is a lifesaving purchase. Don't delay.

Continue reading "Pets Can Be a Dangerous Distraction in a Car" »

Middle aged drivers are often the safest on the roads elderly drivers account for the largest portion of accidents. The normal aging process naturally results in physical changes to the human body that tends to interfere with driving.

For instance, i can personally attest that a person's eyesight and hearing tend to diminish with age. Therefore it is not uncommon for senior drivers to cite an inability to see an object, road markings or other vehicles as the cause of a wreck. This is particularly true when seniors are driving in inclement weather or at night.

Impaired hearing may result in an elderly driving not recognizing the sound of sirens, the beeping of the horn of other vehicles or the sound of an approaching train. These, too, are all potential accidents waiting to happen.

There are steps the senior driver can take to ensure they are driving at their optimum ability. First, they should have regular physicals. This allows for medical intervention before a problem arises with the elderly driver gets behind the wheel and on the road.

Other simple rules to follow include:

Do not drive if the medication you are taking impairs your ability to maneuver your vehicle safely on the roadways. Also, do not drive distracted and be sure to leave lots of room around you and the other vehicles.

If a senior driver finds they are having trouble with their reflexes or reacting in a timely manner to problems on the road it may be time to for a family discussion or to turn the driving over to someone else.

Injuries that are a result of car and truck collisions number in the millions across America annually. While statistics place the average number of roadway deaths at around 50,000 annually and in a recent year the number of major and minor injuries numbered nearly 3 million.

This would include broken bones, internal injuries, spinal cord injuries, head trauma, burns, loss of limbs and other bodily parts, and even cuts, bruises, minor aches and pains, whiplash and residual emotional and psychological trauma.

Let us consider the statistics of the most common vehicle collision injuries more closely. Often the facial and head area is the first area to sustain injuries as they are directly in the 'line of fire'.

Victims may suffer facial and scalp lacerations, bruises or even fractures - such as to the jaw. In addition, those involved in auto accidents may require dental work as well. Injuries to the brain include everything from concussions to closed head injury.

The worst of these is a traumatic brain injury that may forever alter a person's way of life. Brain injuries are often accompanied by negative long term effects.

The neck and shoulders are also very vulnerable to minor to severe damage. The most common of these are sprains and strains. Whiplash and fractures are also regular results of severe auto accidents.

Shoulders may also be dislocated from collisions both minor and severe depending on the direction of the impact. Back and spinal injuries are some of the more dangerous concerns because of the possibility of partial or full paralysis. All extremities have the possibility of simple or compound fractures as well as clean breaks in which the bone may or may not protrude through the skin.

Finally, automobile accidents have great potential to cause internal injuries as well as long term psychological repercussions. None are pleasant - drive defensively.

Over 5200 fatalities from motorcycle crashes across United States as recently as 2008. Of these fatal motorcycle accidents at least thirty percent-involved alcohol and a whopping 59% were NOT wearing helmets.

It is equally distressing to note that thirty five percent of fatal motorcycle accidents were speeding and younger motorcycle riders accounted for more deaths than those in the over forty category.

Finally, a disproportionate number of motorcycle fatalities occur with unlicensed motorcycle riders who did not have a motorcycle permit and, in addition, poor road conditions can affect a motorcycle rider's safety to a much greater extent than other vehicle drivers.

It should come as no surprise that these statistics mirror those of vehicle collisions with the exception of the lack of helmets and accidents caused my potholes in roads.

Drunk and distracted driving is the main culprits of vehicle and motorcycle collisions and requires continued conversations about preventive safety measures that have life saving potential.

Several of the most common defensive driving suggestions for motorcycle riders are:
First, wear a helmet. The majority of debilitating injuries and fatalities can be traced to head trauma as a result of motorcycle accidents.

Secondly, where as vehicle drivers have a tendency to drive distracted and cause accidents - the motorcycle rider has a greater potential of becoming a statistic of distracted driving.

Be vigilant of drivers around you who do not appear to be paying attention.
The automobile offers some physical safety to the car accident victim whereas the motorcycle driver has no restraints.

Continue reading "Over 5000 Fatal Motorcycle Accidents Each Year" »

Dealing with the insurance adjuster on personal injury claims has gotten much more difficult given the scorched earth policies many insurance companies have recently implemented. All to often, personal injury victims do not know their rights or how to handle the claims process.

Here are a few ideas:

SEEK THE MEDICAL CARE YOU NEED RIGHT AWAY

The most important thing you have is your own health and the well being of your family. Get the medical care you need and do not delay in seeking that treatment. If the problems you have persist, don't be afraid to ask for more advanced testing such as CT scans, for head injuries or an MRI testing for spinal cord injury. Specialists such as orthopedic surgeons usually require weeks advance notice to get an appointment so call your chosen doctor as early as you can.

DO NOT GIVE A STATEMENT TO THE ADJUSTER FOR THE OTHER PARTY

Some insurance adjusters are out only to get the facts to determine whether or not to pay a claim, while other adjusters see the statement as their first opportunity to set the injury victim up for them to reduce, defend or deny the injury claim. The best choice is to talk with a reputable personal injury lawyer before you give any statement.

DO NOT SETTLE THE CASE UNTIL YOUR INJURY HAS COMPLETELY RESOLVED

When you settle the case, your rights to compensation terminate and if you are mistaken about how badly you are hurt or the need for future medical treatment because of an auto accident you will be out of luck for having the insurance company for the wrongdoer pay subsequent medical expenses. Get a clearance from a doctor you trust before you seek a settlement.

DO NOT EXPECT THE ADJUSTER TO BE FAIR

Adjusters work for the insurance company, their job is to pay you as little as they can get away with for the personal injury claim. If you are unsure of the value of your claim talk to a qualified accident and injury lawyer.
If a drunk driver has seriously injured you, and he has a large policy, expect the adjuster to act like your best friend (until you talk about money). If you have minor injury in a small case- don't expect your phone calls to be returned or even to be treated with courtesy when talking money.

Continue reading "Handling a Houston Car Accident Claim Yourself" »

Working families in Texas spend their hard earned money on insurance premiums only to find out when they need the help that they purchased there is no mechanism for making the insurance company who profited on them treat them fairly.

People do not believe that their insurance company will treat them unjustly until they actually make a claim from a car accident or truck accident with their own insurance company. These type of claims happen when the drunk driver has no insurance or the injuries are catastrophic and the drunk driver has minimum limits.

The comment which I hear most frequently from victims who try to handle their own claims is "that's not fair".

They are right, Texas consumers are treated unfairly each and every day because there is no real legal recourse if their own insurer treats them unfairly.

Special interest groups made up of lobbyists paid by big insurance companies have taken a heavy toll on the backs of Texas families.

While insurance companies pocket record profits, victims of drunk drivers are left without justice in dealing with their own insurance carriers and are forced to file lawsuits.

Stripped of legal options by "tort reform" and judicial activism by courts that favor insurance companies and big business texas families are the losers.

Not only are our premiums going up at record paces but in Texas the insurance carrier pays only a small percentage of the premium collected to actual claims. A practice that other states will not allow.

What is acceptable in Texas in the claims handling practices is illegal and actionable in most other states.

It is time that politicians in Austin, their political appointees and the courts put Texas families first and big insurance companies second.

One method of holding insurance companies accountable when they do not treat their policyholders fairly is a true loser pay system.

If your insurance company lowballs you and you obtain more than the insurance company offer at trial they should have to pay you for the cost of suing them to obtain justice which includes your expenses and attorney's fees.

Likewise, if you are overreaching and the insurance offer is as good or better as you obtain at trial you should have to reimburse the insurance carrier for costs of litigation and attorneys fees.

As you may expect, insurance companies and the politicians they support are opposed to such a system because it would require Texas insurance companies to treat their own policyholders fairly.

If insurance companies doing business in Texas had to pay litigation costs when they are unfair in the claims handling process much litigation would be avoided.

It is time that Texas families stood up and said "enough". It is time that the Texas consumer comes first and the our system made fair for innocent victims.

Continue reading "Texas -its Time For Insurance Reform" »

You have been in an auto accident in Texas- now what?

Here are a few tips for getting through your car accident with out becoming a victims twice.

What do I do with my car?

If another person wrecked your car it's their fault and your vehicle can be repaired-find a reputable repair shop and let them deal with the adverse insurance company over the cost of repairs.

If you get in the middle of it between the insurance company and the repair place- it will not be a good or productive experience for you. If your repair shop will not deal directly with the adverse insurance company-find a different repair place.

What if my car is totaled out?

Get the best information regarding market value you can and be prepared to negotiate. Do not forget you are entitled to tax, title and license fees in addition to the value of your car. And you are entitled to a per day loss of use- even if you do not actually rent a car. (the loss of use has been taken away form you and you are legally entitled to be compensated for not having a car to drive).

I was injured what do I do?

Get medical treatment and do it sooner rather than later on.

The insurance company will try to discount a personal injury claim with long gaps in treatment. Many people try to "tough it out" and doing so actually hurts their auto accident injury claim by delaying necessary treatment.

What if I am still having problems?

If you still have medical problems don't be afraid to ask your medical care provider for more specialized medical tests, such as CT scans or MRI testing. Discovering the extent of the injury and documenting the claim are very important to a car accident injury case.

Can I leave the medical open and settle my case?

No- once you settle the case, the claim is over and will not be revived- make certain you have been given a clean bill of health by a doctor you trust.

Continue reading "Tips for Texas Auto Accident Insurance Claims" »

Some bizarre but amusing driving laws from various states around the country.

*It is illegal to drive blindfolded in Alabama.

*It is illegal to jump from a car moving 65 miles per hour or more in California.

*It is illegal to drive through playgrounds in Georgia.

*It is illegal to screech your tires in Kansas. The fine is $30.

*It is illegal to park in front of a Dunkin Donuts in Maine.

*It is illegal to swear from an automobile in Rockford, Maryland.

*It is illegal to place a bench or chair in the middle of the road in Reno, Nevada.

*It is illegal to plant trees in the middle of the street in New Jersey.

*It is illegal to disrobe while in your car in Sag Harbor, New York.

*It is (REALLY!) illegal to play in traffic in North Carolina.

*It is illegal to drive through cemeteries in North Carolina.

*It is illegal to drive on the sidewalks in North Carolina.

Doesn't it make you wonder what event precipitated the enactment of these laws? Tune in to our next blog where'll we'll finish touring the country in search of more of these kooky declarations.

Continue reading "Bizarre Driving Laws" »