Houston Car Accident Lawyer Blog

Bike riding is a wonderful leisure time activity, a hobby, a past time and even a passion for some. But bike riders share the roads with vehicles that weigh anywhere from 2000 pounds on up. In an accident the bike rider doesn't stand a chance. Let's consider some possible accident scenarios and ways to avoid them.

First, a most common way to tangle with a car is when one pulls out in front of you and either hits you or you slam into it. How to avoid this? Start by using a headlight. These types of accidents most often occur because the driver of the vehicle cannot see you. Too, invest in a loud horn.

If you see a vehicle approaching in an apparent path that indicates they do not see you - honk that horn and act defensively.

If all else fails slow down and ride further to the left.
"Of course, there's a tradeoff. Riding to the far right makes you invisible to the motorists ahead of you at intersections, but riding to the left makes you more vulnerable to the cars behind you. Your actual lane position may vary depending on how wide the street is, how many cars there are, how fast and how close they pass you, and how far you are from the next intersection. On fast roadways with few cross streets, you'll ride farther to the right, and on slow roads with many cross streets, you'll ride farther left".

There is much more advice to be doled out to bike riders in the next few entries - and remember, these rules are a good way for drivers to be reminded of how to behave around bike riders as well.

Continue reading "Bike Safety" »

A topic we've rarely brushed on in past blogs is the phenomenon of driving while under the influence of illegal substances - or, more familiarly, drugs.

There can be no argument that an aggressive multi-pronged campaign has been waged against drunk driving in this country over the past 25 years - with questionable results (but we will leave that conversation for another blog).

However this same attention has not been focused on 'drug' driving even though studies have shown this to be as serious a problem as driving while intoxicated.

One reason this may be true is because of the "limitations in the current technology for determining drug levels and resulting impairment" (please refer to the webpage cited at the end of this blog for further information).

While blood alcohol content levels are easily determined, "in the case of illicit drugs there is no agreed upon limit for which impairment has been reliably demonstrated". Moreover, accurately determining drug levels is difficult because some drugs linger in the body for days and even weeks after ingestion.

That is not to say that state legislatures have not begun the process of addressing 'drugged driving'. Fifteen states have currently made it illegal to "operate a motor vehicle if there is any detectable level of a prohibited drug in a driver's blood".

Other states define drugged driving as driving when "a drug renders the driver incapable of driving safely" or "causes the driver to be impaired".

Driving under the influence of drugs is a cause of many wrongful death cases and is very bit as dangerous as drunken driving although not as widespread.

Continue reading "Drugged Driving" »

One person is confirmed dead and other reports have 2 dead in a car accident early this morning on Highway 59 in north Houston due to a SUV crashing into a pole on the highway.

The car accident happened about 3:15 AM, according to authorities.

Harris County Sheriff's office conducted the investigation and reports indicate victims died at the scene.

The vehicle involved in a car accident was a mid size SUV, which was northbound on 59 when for some unknown reason the driver ran into a guardrail and came to rest after hitting a pole alone the highway.

There were no witnesses to the accident.

Initial reports had at least one dead and another report has both a driver and passenger killed in the one car accident. No names have been disclosed at this time.

As in most fatal accidents, the roadway was closed to investigate the car accident and also allow emergency medical providers access to the wreck.

Houston in the last few weeks has been averaging almost 1 fatal car accident a day and it is my hope that that statistic changes for the better.

Continue reading "Fatal Car Accident Closes US 59 in Houston" »

Consider the importance of the automobile battery to overall auto safety.

Please take notice that regular multi-point inspections of your automobile will serve to trouble shoot any potential problems and perhaps prevent an accident at worst - or at least the simple inconvenience of car failure.

A car battery (for gasoline engines - not electric powered cars - a topic for another blog and a hope for a less energy dependent America) is a type of rechargeable battery that supplies electric energy to an automobile.

Usually this refers to an SLI battery (starting, lighting, ignition) to power the starter motor, the lights, and the ignition system of a vehicle's engine and is usually located in the front left or right in front of your motor.

There are only several points to consider when caring for the car's battery. First, they require regular watering top-up to replace water lost from electrolysis on each charging cycle.

Other common battery failures include such things as cracked or broken battery cases or corroded or broken terminals.

If your car won't start because the battery is dead you can try using jumper cables connected to a running battery from another automobile or by a hand portable battery booster. But you are cautioned to be aware that batteries can explode and the novice may not know what to look for - therefore, it is always wise to err on the side of caution and consult with an expert when in doubt.

Today's batteries are designed to last four or five years - and at the average cost of $75 to a hundred dollars for replacement - they are a small and inexpensive but valuable component to the overall car.

Have your battery checked and replaced when advised, keep the terminals clean and corrosion free - better that than to be stranded on the highway with a dead battery!

Continue reading "Caring for your Car Battery" »

According to Harris County Sheriff Adrian Garcia, Harris County holds the title of one large county in the United States with the most alcohol related deaths per capita.

"Alcohol-related accidents are claiming more lives in Harris County than anywhere else in the country".

Statistics reported indicate that Harris County has four fatal drinking driver accidents per 100,000 residents. That rate is substantially higher than other comparable metro areas.

In an effort to battle drunk driving fatalities in Houston the Harris County Sheriff's office in combination with Precincts 4 and 5, the Houston, Jersey Village and Tomball police departments as well as DPS and others have initiated a program called "Operation Shared Responsibility".

The initiative is designed to reduce drunk driving accidents and associated fatalities by a combination of public education, programs such as alert cab, and a heightened enforcement of drinking and driving offenses.

I am very encouraged by the leadership demonstrated by Harris County Sheriff Adrian Garcia on this issue. There is no reason why Houston should lead the nation in drunk driving fatalities

Continue reading "Harris County Leads the Nation In Fatal DWI Accidents" »

In our last article on being safe in your car we began a conversation about tire safety.

With statistics placing the number of deaths due to inappropriate tire care at about four hundred persons a year, a review of proper tire care is a timely topic indeed.

Adequate tire pressure is the second most important obligation for drivers in relation to tire safety.

Unfortunately, under inflation is the leading cause of tire failure and improper air pressure can cause a tire to blow out or fail. Consider the following information gleaned from our resources regarding air pressure in tires:

"Air Pressure: Tire pressure is measured in pounds per square inch, or psi. Tires lose air through the process of permeation. Changes in outdoor temperature can affect the rate at which a tire loses air. Typically, a tire loses one pound to two pounds of pressure per month, and even more in warm weather".

To help avoid under inflation of tires have the air pressure checked professionally at least once a month. This can be done at your dealership or a reputable service station.
Another method is to or buy a good air pressure gauge and carry it in your car.

Now I realize there are many car buffs out there who pride themselves on caring for their own automobiles and I would never discourage that endeavor. But I would advance the notion that for those of us less mechanically inclined there are a number of automobile service companies that employ trained experts whose job is to detect defects in all areas of the automobile - including tires - and a regular check-up is the most prudent course of action for car owners.

Just remember, your tires keep you rolling and the safety of you and your passengers depend on them so start a tire inspection safety routine.

Continue reading "Tire Safety Tips Part 2" »

It is a sad day in Houston for the Harris County Sheriff's office has lost a fellow officer who was killed in a motorcycle accident Saturday.

A car ran into the back of the officer's motorcycle knocking him about 200 feet according to witnesses. The slain officer was Gregory Hundl who was described by friends as being very outgoing, happy and a people person.

Gregory was a veteran and also a volunteer fireman who had a goal of working with Houston Fire Department, it was reported.

A 19-year-old Houston woman has been jailed for intoxication manslaughter and reports have her blood alcohol content to be .147. The legal limit is a blood alcohol level under .08.

My heart goes out to the Hundl family and I know words can never heal the wounds from the loss of a child.

Arguably one of the most important safety considerations in maintaining a car is proper care of the tires.

In fact, it is so crucial we will spend the next two blogs reviewing the topic. Statistics support the premise that tire safety requires the serious attention of drivers.

The National Traffic Safety Administration estimates tire failures and blowouts contribute to 414 deaths and 10,275 non-fatal injuries each year in the U.S. (for more information refer to the website cited at the end of this blog).

The first and simplest step in tire care begins with a regular and quick visual examination of tires to ensure there is adequate tread. This is as simple as walking around the car and eyeballing the tires for obvious cuts and worn spots. Any defects that are visible on the tires require the immediate attention of the automobile owner
.
According to our references "you can check your tires for proper tread by taking a penny and pinching Lincoln's body between your thumb and forefinger. Put Lincoln's head in a groove on the tread. If any part of Lincoln's head is obscured by the tread, the tire has good tread. If you can see above his head, visit the dealership of your choice to purchase new tires".

One final word on the topic of tire tread - although tire sales persons may advance the notion that retreaded tires are safe as well as economical - avoid this type of purchase.

Don't be penny wise and dollar foolish - remember always, safety first and that many car accidents are caused by a tire blowout. We will continue our discussion on tire safety in the next blog.

Continue reading "Tire Safety Tips" »

A young Houston woman died this week in a one-car accident with an unlicensed driver. A young man who was unlicensed and a juvenile was traveling at a high rate of speed when he lost control of a truck and struck a tree according to reports.

Authorities also report that the young driver sustained serious injury but is expected to survive. Unfortunately, the passenger was pronounced dead at the hospital.

This tragic accident is one that we must strive to prevent. Parents cannot always control teens and we cannot watch them 24-7.

Hopefully, your teenager will not take the family vehicle out for a drive without your permission. Certainly, this is a fairly common occurrence.

What we can do as parents is to educate our children as early as possible about the dangers and privileges of driving. Explaining safe driving on the way to a soccer game may well falls on deaf ears but if any soaks through it was worth the energy and effort.

One item that we all can do is explaining proper driving techniques in those instances when we have teen attention. Things like explaining looking both ways and then looking back before proceeding into an intersection can make a world of difference.

Explaining what defensive driving really is all about is very important for young people to hear and hear repeatedly.

Finally, it is always a good idea to give examples of the consequences of not being a safe driver. Explain experiences of friends, family members or just people in the community in graphic detail so a teenager can begin to visualize the effects of a responsible driving.

My heart goes out to the family who lost a young woman and now has a son burdened with this terrible tragedy.

Continue reading "Underage Houston driver leaves passenger dead" »

Driving in the rain can be very dangerous and leads to many car and truck accidents.

It is especially important to drive carefully when it is raining and the streets are wet. One of the main safety rules for safe driving in the rain is to reduce speed to accommodate the hazardous conditions.

Recently on my way home, as is common in Texas I encountered a downpour that made visibility limited and patches of roadway that were deep with rainwater. When my vehicle started to hydroplane I instinctively went for the brakes.

It is writing about safety that helped me in that situation and I reduced my vehicle speed.

When confronted with an emergency we usually react instinctively and not necessarily what is the safe course of action. It is important to not only know safety but to think of it when confronted with a sudden emergency.

If you are driving in the rain and the downpour makes it difficult to see much in front of you consider finding a safe place to get off the roadway and wait until the rainstorm dies down. Always turn on your lights to make it easier for other vehicles to see you.

Additionally if you live in an area those experiences a lot of rainfall consider buying special tires made to drive in wet weather.

Continue reading "Reduce speed when driving in rain" »

According to published reports motorcycles with antilock brakes or much less likely to be involved in the fatality accident than those without that feature.

Given the popularity of motorcycles particularly in times of high gas prices motorcycle accident safety is critical.

Some thoughts on motorcycle safety:

Always wear a helmet; head injuries are responsible for most motorcycle crash fatalities.

Make sure you are competent to drive motorcycle- take appropriate classes and the comfortable and competent before you take the road.

Ride a motorcycle that fits your body. If you are a smaller person you do not need to be writing a speech during a heavy bike.

Wear protective clothing. Since you are not afforded the protections given an automobile driver, the type of clothing in particular you where it's critically important, get the best you can.

Assuming you cannot be seen and never leave in and out of traffic or change lanes without signaling or in heavy traffic.

Slowdown or do not drive in inclement weather.

Motorcycles particularly in cities are much more dangerous on the highways than an automobile. Motorcycle safety is critical for you and your loved ones.

Continue reading "Motorcycle safety tips" »

A passenger in a pickup truck died when the truck driver lost control and crashed the truck. Houston police suspect the driver had been drinking and alcohol may have played a part in the auto accident, according to reports.

The fatal accident occurred Friday evening about 9:45 PM just off Zoe Street. The two young men were on the way to the store when the truck accident happened.

The truck driver was arrested on suspicion of DWI and reports indicate he may face intoxication manslaughter charges.

Mandatory blood testing was performed on the driver to learn if his blood-alcohol was above the legal limit at the time of the wreck.

According to Texas Department of public transportation every 20 minutes someone is hurt or killed in a car accident that involved alcohol.

In Texas a person is legally intoxicated and maybe arrested and charged with DWI with a .08 blood alcohol content.

If you or a loved one has been injured by a drunk driver and would like to speak with a Houston drunk driver accident lawyer call the Baumgartner Law Firm.

The automobiles of today and the future are coming equipped with sophisticated safety devices designed to minimize injuries in a collision. The list of these is growing by the day and is an interesting topic for review.

Air bags are safety devices that deploy upon vehicle impact. There are several types including

the dual stage airbag and side airbag. The dual stage airbag has the ability to deploy at two different speeds and it determines the correct one by sensors located in the seat belts and seats. In less serious accidents the air bag deploys at lower speeds.

Side air bags are effective in protecting the driver and passengers from head injuries due to the rigid areas of the vehicle in side impact collisions. There are three designs of these airbags, a tubular airbag that inflates from the roof, a curtain design that employs from the roof or an airbag deployed from the seat, inflating forward and up.

Today's airbags often come equipped with an on-off switch to decrease the chance of severe injury to a child or small statured adult.

Continue reading "Air bags do help prevent injury " »

Automobile manufacturers continue to develop devices to make their product safer for their customers and prevent injury in a car accident.

For instance, today's steering columns are energy absorbing. They are now made to compress upon impact, preventing rib fractures. The risk of driver fatality has been reduced 12% due to this benefit, and serious injury and death risks have been lowered by as much as 38%.

In addition, today's head restraints on the top of front, outer seats have been designed to reduce the potential for whiplash and other neck injuries in rear-end collisions. More advanced systems allow the back of the seat and headrest to move down and back upon a rear impact, lessening the forward motion and cutting down on head and neck injuries.

Other great devices include the heads up display or HUD which projects speed and other driving information onto the windshield so the driver does not have to look away from the road and mirrors that automatically dim against the glare of other driver's headlights!

Finally, the design and installation of seat belts has become more sophisticated and offer drivers and their passengers greater protection in a collision. According to Road and Travel Magazine "the front and rear lap/shoulder belts are snug fitting and the prime factor in vehicle crash safety.

Belts are designed to distribute restraining forces over strong skeletal structures, including the shoulder, rib cage and pelvis, to optimize protection during deceleration. When used, safety belts reduce the risk of driver fatality by 42% in motor vehicle crashes".

Today's seatbelts have built in sensors that are called pretensioners. Within the first few milliseconds of a vehicle collision they increase the tension of the seatbelt around a person preventing them from bouncing around and in the proper position to benefit from airbag deployment in a car or truck accident.

Continue reading "Automobile technology saves lives" »

There are many wants to pick a good personal injury lawyer to help
with a serious injury claim. The best is a referral from a prior
client who was satisfied with the representation.

Former clients will be in a very good position to analyze the
performance and professionalism of the attorney. However, be wary of
contact by others and value the referrals asked for by former clients.

Another method of choosing a good car accident attorney is to research
their past results and successes. Sometimes pointed and candid
questions of the injury attorney are a good way to determine if this
is the right attorney for you.

The best Houston car accident lawyers will not make any guarantee of
what your case is worth or even venture a value until they have all
the medical records and facts. If the lawyer you are considering is
talking about astronomical numbers ask yourself does this person look
like they handle multimillion dollar cases every day. If not it's
probably not going to end up being a good fit for you.

Look for a auto accident lawyer with a track record of success who is
candid with you and one that you can trust to represent you and your
interests.

The litigation process is often like a long train ride and it's best
that you share the ride with a person whom you are comfortable with
and trust his or her judgment.

At the risk of alienating some of my readers - I offer that teenage drivers are sometimes nothing short of a menace to themselves and others on the road. It truly is not their own fault because at one time or another we were all teen drivers taking to the open road for the first time and placing everyone around us at risk.

Perhaps there is no better rite of passage in life than getting a driver's license placed in our hands as we turn 16. Along with this comes such a feeling of maturity as well as freedom unlike nearly anything else.

However, couple this with the natural sense of invincibility that comes with youth and it becomes immediately obvious that cars and teens can be a deadly combination.

The subject can simply not be overdone and is a timely topic as well because according to statistics from the National Highway Traffic Safety Administration, the 101 days between Memorial Day and Labor Day are the most deadly season of the year for teenagers ages 15-20!

The higher teen fatality rate is generally attributed to teens having more "free" time during the summer months, leading to more driving opportunities and less adult supervision.

One state has created a list of the ten most deadly mistakes made by teenagers and offers suggestions on how to avoid them. They make for good reading and great reminders so tune in to our next blog in which we will review these tips.

And most importantly, make sure you spend a lot of time with your new driver before they drive themselves.

Continue reading "Teen driving- are they ready?" »

Please forgive my redundancy in opting to discuss once again the unique phenomenon of elderly drivers. I have become totally fascinated with the minutia of the topic. Let me offer further statistics that will confirm the urgency of the topic.

Older drivers involved in fatal crashes and fatally injured older pedestrians claimed the lowest proportion of intoxication--defined as a blood alcohol concentration of 0.10 grams per deciliter or higher.

While only 55 percent of adult vehicle occupants (ages 18 to 69) involved in fatal crashes were using restraints at the time of the crash, 70 percent of fatal- crash-involved older occupants were using restraints.

On the basis of estimated annual travel, the fatality rate for drivers 85 and over is nine times as high as the rate for drivers 25 through 69 years old.

Lawrence Nitz, a political scientist from the University of Hawaii, conducted a three-year study of Hawaiian traffic records and found that drivers over 75 were far more likely than other motorists to be cited for certain offenses, including failing to yield to pedestrians, backing up unsafely and failing to stop at a flashing red light.

You might ask what is being done to ensure that those elderly drivers are safe and my response would be - that is a very good question.

Several states are considering mandatory driver retesting at age 70 with regular returns to the DMV on an annual or semiannual basis.

But any attempt to genuinely address the problem of elderly drivers is thwarted by the lobbying efforts of the AARP and other powerful organizations. They feel this type of requirement is discriminatory and it may well be.

I know some older people who as safe a driver and any i know and are genuinely defensive and courteous drivers.

Maybe the best approach is to watch out for your own family members and if you fear for their safety while driving -maybe is time for a heart to heart talk.

Continue reading "Elderly driving -some final thoughts" »