Houston Car Accident Lawyer Blog

Although drinking and driving could never be considered amusing - there are several incidents reported of late that certainly raise eyebrows.

When a gentleman in New York went to his fridge, only to find it devoid of liquor, he knew one thing for sure. He was too drunk to get behind the wheel of his car and drive to the store to get more liquor. However, do not applaud his insight too quickly for instead he chose to hop on his riding mower and take that to the store.

The guy was simply too drunk to make it home, though, and passed out on the mower. It was later revealed that his license was suspended for a previous drunk driving incident.

In another story, a 24 year old was freewheeling on his - skateboard, yep, his skateboard - down a hill, through a busy intersection and smack dab into the side of a police car. Yes, he had been drinking and yes, he was ticketed for public intoxication.

What is the point of these lighthearted tales? Well, there are two actually. First, if it has wheels and you are commandeering it while intoxicated you are liable to be charged with drunk driving!

Second, it seems that there is no end to the ability of the average American to find himself in newer and more unique types of legal trouble! If I've said it before I'll say it again - don't drink and drive ANYTHING.

Continue reading "Drinking and Driving Stories" »

Reports this morning indicate a suspected drunk driver hit four people in a parking lot at a country-western nightclub late Saturday evening in North Harris County.

The drunk driver accident occurred at Texas tumbleweed dance club off Kuykendahl Street.

Houston police have long targeted clubs and hotspots for early morning DWI potential. It seems that if a driver is leaving a club at 1:30 AM there's a pretty good likelihood that that driver may have been drinking.

As reported, the injuries by the drunk driving accident victims do not appear to have been life threatening or severe.

The good news probably isn't the accident took place in a parking lot and not at high speed on the highway.

Greg Baumgartner is a Houston drunk driving accident attorney.

The headlines of newspapers and other news sources are regularly filled with a sensational story about someone who is suing another party for what might appear to be a ridiculous sum of money. The fact that they ask for a number does mean that is the true value of the claim.

To 'sue' someone is to 'bring a legal action against a person, company, or other entity by filing a lawsuit'.

In a neighboring state there were over 1.4 million suits filed in a single year. We Americans embrace the notion that if we have been wronged we deserve our day in court. The news loves to tout the frivolousness of many lawsuits. When this happens I shake my head in disbelief because who among us can casually deem the extent of another's injury. Our juries hear the evidence are in the best position to set the consequences for wrongful conduct and value of the injury or life lost.

Recently a family sued a semi truck driver and his company for over $20 million when their son was killed due to negligence on several counts. Now some may gasp that the sum is too high. But I would counter by saying not 'what is the value of a life' but 'what is the value of the life of your loved one'?

If it was your child, your mother or father, your aunt or uncle, your grandparents, your best friend then what would you consider to be a just compensation - what amount of money would you trade?

Perhaps the saddest thing about this entire conversation is that even if a family receives a monetary award in the end their victory is hollow because no amount of money can ever replace the life of someone that you love.

However, you would be happy to know that many of my clients use a large part of the money from a personal injury case to do good for the community and prevent similar accidents.

Continue reading "What is the Value of a Wrongful Death?" »

Drink and drive, it is the most deadly combination ever. Hundred of road accidents are caused because the driver was drunk. There are strict rules made to check this rate but the efforts seem to be quite trivial in front of this huge issue.

Not only alcohol, consumption of other drugs is equally responsible for such accidents to take place.

Recent reports indicate a young boy in mid twenties driving at exceptionally high speed rammed into a Toyota truck. As he lost the control over his bike he rolled down several times before coming to the halt at the highway. The impact was so powerful and deadly that even the spectators did not believe on their eyes when they saw the boy standing on his feet.

Fortunately, the boy is safe and is being treated in the hospital. During the investigation he was found positive for the alcohol test and will face some consequences.

The investigation team commented that during night, the traffic is very low and people usually drive faster without the traffic. Though driving after drinking more than a few drinks is itself a crime and people killed by such drivers may be treated similar to homicide or murder when the court or jury sentences the drunk driver.

Recently, a man got 60 years in the wrongful death of two people when drunk.

People do not realize the fleeting possibility of loss of life and they play with their and other people's lives by driving drunk. The number of victims of such drunk driving accidents is rising with each every passing day. MADD has been a very good advocate but more needs to be done and government seems helpless in this regard.

In my humble opinion we need a grass roots effort to change peoples attitudes about drinking and driving. Texas especially has a past history of tolerance and it was only a few years ago open containers were legal.

Over eighteen million Americans are accustomed to alcohol and many of them are also prone to driving under the influence or are DUIs as they are popularly known. Drinking and driving is one of the major social problems faced by most Americans.

While the laws of the land are becoming stricter day by day and has gone to the extent of prohibiting blood alcohol contents to more than .08 percent for adults, for those below 21, even trace of alcohol in blood renders the driving illegal. Presence of trace of alcohol will mark the teenagers guilty of drunk driving.

It essentially means that people over 0.08 percent alcohol in their blood streams will certainly be held responsible for drunk driving. Offenders violating the stringent provisions of law would face multiple consequences of driving in an intoxicated state. Results could go to the extent of confiscation of their driving license, fines and jail time.

But those are only the criminal legal aspects of driving after drinking. Multiple other such aspects of driving in a drunken state are there. There is no dearth of instances where drunk driving accidents have turned fatal leading to wrongful death cases on the civil side and long prison terms on the criminal side. Recently, a man plead guilty for the fatal drunk driving accident which claimed 2 lives and the defendant was sentenced to 60 years in jail.

Since consumption of alcohol suppresses the nervous system in a person, it will reduce his or her reaction to a great extent. Unable to control the vehicle due to such drinking and driving, the drivers often push people in the vehicle as well as those around into high levels of physical dangers.

More than self, it is the probabilities of harm to others that renders driving under influence of alcohol such a serious matter. In my Houston personal injury practice, drunk drivers account for a significant part of serious injury car accidents and fatal car accidents.

Continue reading "Drinking and Driving Consequences Could be Serious" »

According to reports, a Houston police officer was injured in an early-morning car accident Thursday about 2:30 AM. The car accident took place on Louisiana Street in downtown Houston.

Police indicated that the officer was pinned inside his squad car and was cut out of the car by Houston firefighters.

The Houston officer was taken to the hospital with neck and back injuries. A passenger in the car that struck the officer's vehicle was also taken to a hospital with minor injuries. Reports indicate that the driver of the vehicle, which struck the squad car, was given a field sobriety test, that which was failed.

Reports also have witnesses placing the occupants of the car that struck the officer squad car as having just left a local watering hole, which coincides with the early morning hour.

This is another example of a next drunk driver injury and one of Houston's finest. Just a few days ago another report indicated that a Houston officer was injured when an alleged drunk driver struck him and at that time was dealing with the vehicle he had pulled over for suspected drunken driving.

Continue reading "Houston Officer Injured in Car Accident" »

Women are worse drivers than men? Not so fast!
Statistics demonstrate that this is absolutely untrue!

The data shows that men have over a 50% greater likelihood of dying in an automobile accident than women. Moreover, since organizations such as the National Highway Transportation Safety Administration began keeping records approximately 73% of highway deaths have been male. In a single year nearly 30,000 male drivers were killed in vehicle collisions while only 12,000 female drivers died.

The reasons for this are both simple and complicated.
Simply, men drive a significantly greater number of miles in longer time spans. Women tend to make shorter trips and account for a greater number of minor accidents than men.

Beyond that, though, researchers have tried to pinpoint other causes for the disparity in the data and their findings point to such things as the obvious existence of males being more aggressive by nature.

This translates to aggressive driving habits such as speeding and tailgating other drivers as well as a lack of defensive driver behaviors. Research shows that many vehicle crashes can be traced to aggressive driving tactics.

Other researchers state that men are more likely to ingest large quantities of alcohol before climbing behind the wheel of their vehicle - in other words, they are more likely to drink and drive, which a huge factor in wrongful death car accidents.

Continue reading "Women Drivers vs Men" »

The most valuable safety feature in any vehicle is the seat belt (infinitely more so than the airbag) or more specifically the harness/lap belt combination.

More than one organization devotes much time and energy to considering the statistics of lives saved by this singular device. For instance, the National Center for Statistics and Analysis - a division of the National Highway Traffic Safety Administration - publishes an annual report that delineates the number of annual highway deaths in a variety of subsets.

This includes such things as the age of fatalities, to their positions in the vehicle at the time of impact to whether or not seatbelts were in use. From this data they then create an educated estimate of the number of lives saved by seatbelts.

The NHTSA estimates that from 1975 to 2001 nearly 150,000 lives were saved by seatbelts (while airbags save nearly 8400 lives). Conversely, in a single year 6000 people died across the country because of the failure to use a seatbelt. Multiply this number of the same 15 year time span and it is stunning to consider that up to 90,000 died because they did not use a seatbelt.

There can be no excuse for not using a seat belt - none. Certainly statistics show that the use of seatbelts is nearly universal across the country today.

Experts estimate that 98% of Americans put on their seatbelts before the car is put into gear. What could be simpler than buckling up - and as the statistics of this blog demonstrate - what one gesture could be a better prevention against death in an accident?

Continue reading "Seatbelt Can Be a Live Saver in a Car Accident" »

Road rage has not been considered in this blog. Yet the results of a study performed by the American Insurance Institute show that it is a growing problem on American roadways.

Road rage is defined as angry or aggressive behavior by the driver of a vehicle towards those around them - and includes everything from rude gestures to actual physical violence. In a recent incident in another state when one driver cut off another - the offended party took out a gun and shot the other person!

This experience plays out time and again each day in similar circumstances across the United States. Often, the recipient of another driver's rage does not even realize their actions have provoked another person until threats or violence ensues. For instance, something as innocuous and unintentional (although definitely frustrating to fellow drivers) as failing to use a turn signal has caused another driver to use his car as a battering ram!

The origins of road rage are many and include everything from more stressful lives to longer commutes and increased highway congestion of which Houston is a leader in the nation.

However, none of these can ever be considered a reasonable excuse for offensive actions that result in property or personal damage. There are several suggestions that have been offered that should help drivers prevent road rage directed at them.

First, drive properly - use turn signals, don't tailgate or in other ways drive recklessly or aggressively so as not to provoke other drivers. Second, avoid eye contact with other drivers - which may be taken as a sign of aggression.

However, if you are a victim of road rage it is your right to seek damages against the offending party. If nothing else this serves as a reminder that road rage is never acceptable.

Continue reading "Road Rage and Congestion" »

Why people continue to drive while intoxicated or even slightly tipsy is simply a concept beyond my grasp. If everyone were forced to witness the devastating aftermath and results of drunk driving accidents then they might actually sober up long enough to make the right decision when faced with the choice of whether to climb behind the wheel of a vehicle and take it out onto public roads while drunk - or not.

All too often the drunk driver may be wallowing in an evening of self-pity, self gratification or self-loathing in which they drown their sorrows and begin their reckless drive.

No one cares about them so why should they care about themselves? Sadly, it is usually not their own life they take in the reality of the drunk driving accident but that of someone who loved life - especially their own.

Every parent who has lost a child - of any age - at the hands of a drunk driver will never be the same. As a vehicle accident lawyer it has been my sad fortune to bear witness to the tragedy of the life of a loved one cut short - and the way it resonates through the lives of those who are left behind forever.

There are simply no words to extend to a mother or father who will be haunted by the horrific death of their son or daughter - and the knowledge of their progeny's final moments every day they awake until their own death.

It is at times like this that one can truly understand the true meaning of wrongful death and negligence. You also get a feeling for the permanence of 'forever' too.

Continue reading "Drunk Driving Accidents" »

Every state in the country has adopted its own vehicle insurance statutes. Those who have a vehicle licensed in Texas must carry liability insurance at all times. According to the Texas Department of Insurance:

Liability will pay for necessary medical and repair expenses for the other party following an accident for which the insured is responsible. The state has mandated a minimum level of coverage that is considered acceptable.

Liability minimums in TX are:

*Twenty five thousand dollars for medical expenses incurred by a single individual (driver who is alone in the car at the time of the accident)

*Fifty thousand dollars for the combined medical expenses of all of the occupants of the vehicle when it was struck.

*Twenty five thousand dollars for any necessary property repairs, including those for the victim's vehicle.

Statistics show that the number of underinsured and uninsured drivers on state and national roads is alarming and the consequences of these circumstances are far reaching.

In a pilot program two years ago state troopers began an insurance verification program. In a test run of a single county over 25% of drivers were found to be uninsured. The troopers stated further that in some counties they expect that over half the drivers are uninsured. That is an astounding conjecture but not altogether unbelievable in these challenging economic times.

For many it has come down to the choice between auto insurance and their family's more immediate needs. Unfortunately, it's a frightening risk to take.

Continue reading "Minimum Liability Insurance Coverage In Texas" »

Even simple vehicle maintenance can help prevent accidents. Follow these tips and you have increased the chances that both you and every other driver on the road will arrive safely at your destination.

Repair any windshield damage. Cracks and chips can hinder your visibility. (This is true, as well, for rear view and side view mirrors.) Most insurance companies cover the cost of replacing a windshield - and most windshield replacement companies will come to you to fix your car (very convenient). Just as problematic are any little dangling rear view mirror decorations.

Headlights - dim and bright, turn signals, brake lights and fog lights are extremely important safety devices. If any are not functioning correctly or burned out then you are at a serious disadvantage.

Today many people even drive with their headlights on during the day - not just at night. Research has shown that this makes the car more visible to other drivers. Lights and signals are great ways of keeping the drivers around you aware of your intentions - as long as you incorporate their use into your daily driving habits.

Driving on tires that are worn or bald is very dangerous. If a tire blows while a driver is traveling at a fair rate of speed there is a high probability that he or she will lose control and an accident will result. Tire maintenance includes checking them visually for cuts or holes and keeping them at the correct psi for their size.

However, if you've had them for a while - well -for the cost of new tires you get the peace of mind that comes with knowing you are transporting yourself and your family safely.

Continue reading "Keep Your Car Maintained" »

A Houston doctor has lost her life in an early morning accident caused by a police officer responding to an emergency call it was recently reported. The officer was apparently traveling at a high rate of speed and it is not known if either driver saw the other one before impact.

Even though the officer was responding to a call - it was not of a serious enough nature that he was required to use his sirens and lights - and therefore did not.

A number of high risk factors are at play here. First of all - more vehicle accidents happen at night - and particularly the wee hours of the morning - than any other time of the day. Often drinking is involved - but that was not the case with this collision.

Second, the driver was turning left into a parking lot. Again, left hand turns are inherently more dangerous than other types of driving.

Finally, speeding on the part of any driver increases the chance of an accident.

Both passengers of the vehicle were physicians - and were just returning from vacation. The male occupant of the car was unconscious and taken to the hospital. The police officer has suffered a broken neck.

This accident was definitely preventable. Perhaps any officer responding to any call should be required to turn on their lights and siren. This puts even the mellowest driver on alert. Had the doctors realized a police officer was bearing down on them - they might have stayed put in the turn lane instead of turning in front of the officer and be sharing vacation stories with family and friends right now.

Continue reading "Houston Doctor Dies in Crash with Police" »

We have never tackled the subject of police chases and their consequences in this blog. But an online news report about a Houston police chase and resulting injuries begs further discussion.

According to reports, the circumstances of the car accident were this. When a police officer stopped to help what appeared to be a distressed motorist on the side of the road the young lady stole the police car! A police chase ensued with cars reaching 80 miles per hour at one point.

Finally, police stopped a number of cars on Interstate 10 leaving only a single lane open. The intention of the police was to lay down a spike strip which would flatten the tires and require the runaway driver to stop.

However, when she saw the trap she hit the brakes, lost control of the vehicle and slammed into a car with two young men -literally crushing it. The two young men - ages 20 and 22 - have suffered irreversible brain damage in the Houston car accident.

Their families are suing the Houston Police Department and the officers involved in the accident. The lawsuit claims that the police unlawfully caused innocent bystanders to act as a barricade between them and the oncoming stolen car.

Statistics? An average of one death a day - or 365 per year - somewhere in the United States can be traced to police chases. Currently police have immunity from litigation in police pursuit deaths in many states and under various circumstances.

Meanwhile legislators are grappling with the public's right to safety on the one hand and the police responsibility to apprehend suspected criminals.

We will return to the subject of police chases in future blogs.

Continue reading "Liability for Police Chase?" »

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" »