November 2010 Archives

November 29, 2010

Houston Couple Dies in Motorcycle Crash

Greg Baumgartner is a Houston auto accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston motorcycle accident lawyer call the Baumgartner firm at 281-587-1111.

Source:
chron.com

November 29, 2010

Houston Couple Dies in Motorcycle Crash

A Houston area husband-and-wife perished in a motorcycle accident this weekend in Montgomery County. Reports indicate that a 23-year-old motorcycle rider and his wife crashed Sunday killing the driver instantly and his wife, a passenger later died at Memorial Hermann Hospital.

The accident happened on Kuykendahl, Sunday afternoon. According to reports, a car turned left into the motorcycle's path. The driver of the car was an elderly woman from Spring and she was also taken to the hospital for injuries.

Reports also indicate that the motorcycle driver and his passenger were not wearing helmets at the time of the motorcycle accident.

In 2009 Gov. Rick Perry signed a bill that related to motorcycle helmet use and stickers which previously were required to be placed on the motorcycle indicating completion of the safety course and applicable health insurance.

The vast majority of fatal motorcycle accidents involve head injury by the motorcycle rider. Obviously, motorcycles do not offer the same protection in case of a crash as do a car or a pickup truck. It is for that reason that motorcycles are so much more dangerous than passenger vehicles.

One of the largest reasons for motorcycle accidents is the failure on the part of the motoring public to see the motorcycle. This is why I advocate that motorcycle riders in the Houston area avoid congested roadways and also always drive with headlights on even in the daytime.

Continue reading "Houston Couple Dies in Motorcycle Crash" »

November 18, 2010

Weekends Turn Deadly in Houston

It was another deadly weekend for automobile and truck drivers on Texas roadways according to reports.

In the early morning hours of Sunday outside a small Texas town a young driver lost control of his truck. He hit the concrete divide and crossed several lanes of traffic after which the vehicle rolled multiple times before coming to rest in a grove of trees - where the truck burst into flames. The driver escaped the vehicle but his passengers were not so lucky. Attempts by good Samaritans who had stopped to render aid were unsuccessful - all three passengers in the truck died on the scene. The driver was apprehended several hours later.

Closer to home, two people were taken to the hospital under eerily similar circumstances when the driver lost control of an SUV and it careened into the concrete divider. Again, the accident took place early on Sunday morning. Officers drew blood to determine if the driver was intoxicated.

Finally, in the later hours of Saturday evening and into the early hours of Sunday morning a traffic incident in Galveston was injured in a suspected DWI police chase - and the suspect is still at large.

What conclusions can be gleaned from these tragic reports?

First, Saturday night into Sunday morning is one of the most deadly times to be on the road. The reason is simple - people are out cutting loose after a long week of work and this usually involves alcohol.

Even though it is illegal to drink and drive it happens with great regularity in Houston, in Texas and across the country. Sometimes people get away with it - and sometimes they are not so lucky.

Continue reading "Weekends Turn Deadly in Houston" »

November 16, 2010

Houston Auto Accident Attorney Greg Baumgartner Offers a Free Consultation


The Houston auto accident lawyer Greg Baumgartner is an experienced advocate altering the highest quality legal representation for auto accident victims in Houston.


Increasingly in Texas injury victims need a serious advocate who can deal with the insurance company to obtain full and fair justice for their damages. With the coming of tort reform and the bias toward insurance companies that exists in Texas today it is harder and harder for innocent victims to receive fair compensation from insurance company.

For a free consultation with a Houston personal injury attorney called the Baumgartner law firm at 281-587-1111.

November 16, 2010

Why Using a Seatbelt is so Important

It wasn't long ago that most American cars had lap belts and seatbelt use was limited at best. Over the years, countless studies have shown that seat belts do in fact help prevent injury.

Originally, seat belts were designed to keep the user in the vehicle. Now they serve a much more active role in injury reduction.

With the advent of faster cars we also have advanced in technology. Once lap belt only was the rule, today we have sophisticated seatbelt systems, which are all three points and those have been extensively tested for optimum performance and injury reduction.

Not only do we have seatbelts of the best technology available but now we have airbags which in many cars include not only the front but also for side impacts.

One factor that airbags bring is that many times a driver or passenger will not buckle up expecting the airbag to protect him or her. That is a mistake.

It is the combination of airbag and seat belt that work best to prevent serious injury. In rollover accidents and other serious crashes the seatbelt serves to keep the passengers in the vehicle, which prevents a lot of deaths. Over the years I cannot tell you how many times it is the person who was ejected that dies.

If you are a parent of a teenage son or daughter, please teach them to buckle up every time. Developing a habit of safety comes your families best chances.

Continue reading "Why Using a Seatbelt is so Important " »

November 14, 2010

Tragic Conroe Accident Takes Teens Life

In a recent news report comes a tragic story of a 19-year-old Houston area woman who was killed in a car accident on the way home from the Renaissance Festival.

According to reports , a young woman driving a small to midsize car may have fallen asleep at the wheel and ran off the road. The car crashed into a drainage ditch and severely hurt the driver who is 21, in addition to killing the passenger.

This tragic accident will undoubtedly be extremely traumatic for the family of the deceased and also the driver of the car. My heart goes out to the families of these young people.

A 2003 study about fallen asleep while driving included that young people aged 15 to 21 are the most likely segment of the population to have trouble falling asleep at the wheel.

One factor that several studies have identified is very helpful in preventing situations where a person inadvertently falls asleep at the wheel is rumble strips. Rumble strips serve as a wake-up mechanism when a driver gets out of the designated lanes. You can recall instances where you hear a humming noise when you move too far to the left or right and encounter strips of the highway that alerts you to correct your path.

Continue reading "Tragic Conroe Accident Takes Teens Life" »

November 9, 2010

Houston Pedestrian Accidents

Pedestrian accidents are not a rare occurrence in this country - quite the opposite in fact. Consider the following statistics before going out for your next walk.

Pedestrian accidents account for eleven percent of motor vehicle deaths in this country on an annual basis.

Nearly 200,000 pedestrians were killed in vehicle-walker collisions over the course of 3 decades.

After occupant deaths in vehicle crashes - pedestrians comprise the next largest segment of the fatality population.

Every eight minutes a pedestrian is injured and every one hundred eleven minutes a pedestrian is killed in a vehicle collision somewhere in this country. While there are more pedestrian accidents in urban areas - there are more pedestrian deaths in rural areas because vehicles are able to travel more freely at higher speeds.

Statistically, more pedestrian accidents and deaths occur during hours where there is no sunlight and in areas where there are no crosswalks. In addition, there are more pedestrian deaths on the weekend than during the week.

There are several simple things a walker can do to keep him or herself safe. First, if at all possible walk during daylight hours. In addition, walk against the traffic - not with it. This will allow you to see oncoming vehicles and maybe move out of their way. If you are walking in the dark then use reflective strips on your clothing and cary a flashlight and ALWAYS walk on the sidewalk if one is available or otherwise off the roadway.

Walking is a great form of exercise - but as with other types of workouts - there is a way to do it safely.

Continue reading "Houston Pedestrian Accidents" »

November 7, 2010

Elder Driving

On more than one occasion the national news media hits on a topic that is of relevance to truck or auto accident attorneys. Such is the case with the series in a national paper concerning the age at which elderly adults should no longer drive - a sensitive subject to be sure.

Perhaps the most surprising point of the entire discussion is that baby boomers - whose ages run the gamut of early 50s to late 60s - are being asked to decide when their elderly parents should give up their licenses. (Never mind that even the baby boomers themselves are victims of slowed reflexes and eyesight impairment that may negatively affect their driving abilities!!).

More than one study has shown that there is a growing number of drivers aged seventy and older - a fact that shows no signs of abating anytime in the near future. At the same time, the number of accidents caused by or involving this population segment has increased as well.

No one wants to be in a situation where they - the child (no matter the age) must limit their parents' rights and responsibilities. At the same time, though, even less desirable is the thought of losing a parent in a vehicle collision - or the parent taking the life of an innocent person because we were unwilling to confront the realities of elder driving.

For those of you who are faced with this dilemma I suggest you contact the state bureau that handles driving concerns. They should have excellent advice on how to discuss the driving issue with your parents...and hopefully you do this sooner rather than later.

Continue reading "Elder Driving " »

November 6, 2010

Travel Abroad- Be Wary


Earlier this month a University of Michigan medical student involved in clinical research abroad (India) died from a traumatic head injury suffered when his 'motor-bike taxi' was hit from behind by an automobile.

If you think driving in the United States is dangerous - recent reports from several reputable national and international news organizations confirm that the number one cause of death for Americans traveling around the world is auto accidents. Moreover, they are the leading cause of injury as well.

According to one report, over 90% of the world's overall road crashes occur in low-to middle income countries.

This study goes on to say:
"Global road crashes, the leading cause of tourist death and serious injury worldwide, will continue to rise exponentially over the next two decades. A deadly cocktail of killer roads, unsafe vehicles, dangerous driving and disoriented or carefree tourists means many dream holidays of a lifetime instead become life-ending nightmares."

Even more heartbreaking is the fact that red tape and language barriers may make it nearly impossible to uncover the truth behind these deaths - let alone seek and type of legal justice in the sense that we have come to expect in the United States.

Many in the US are seeking to take victim's rights away from them in making a claim for injury, (under the guise of tort reform) leaving families at the mercy of big insurance companies who take their hard earned dollars but want to leave them holding the bag when they are victimized.

Do we really want to end up like a third world county, justice wise? Do we really trust the insurance company to be fair? Do we want drunk drivers, irresponsible people and criminals to saddle victims with their bills and disability?


For now, the best advice is to be aware of the potential for serious injury due to vehicle and road problems in other countries.

Continue reading "Travel Abroad- Be Wary" »

November 5, 2010

Why Not Take Defensive Driving Again?

After handling thousands of Houston car accident cases it has recently occurred to me that a singular course in defensive driving - above and beyond the initial driver's training course- might do all of us some good. Let's consider the types of techniques a person may acquire with this additional schooling.

Defensive driver courses are designed to teach motorists how to identify and react to hazardous situations predictably and in as safe a manner as possible. The course is based on research that supports the premise that a driver who is able to anticipate a difficult or dangerous driving situation is more likely to react in a way that reduces the risks to themselves and their passengers as well as to the other drivers around them on the road.

Practicing defensive driving moves allows the driver to 'incorporate these techniques into their driving repertoire'. That means they are more likely to react calmly in a dangerous driving situation.

The following is a list of some of the types of driving situations a student will be trained to react to:
*ceding the right of way
*maneuvering around environmental hazards
*reaction times and stopping distances (particularly in inclement weather)
*maintaining control of the vehicle in inclement weather and sudden problems
*adapting to fluid road circumstances
*emergency and first aid training

These are just a few examples of the types of experiences a student can expect to undergo in a safe driving course.

Certainly drivers are exposed to this type of training in their initial driver's training but there is a difference...and that is that a new driver cannot be expected to develop an expertise in all areas of 'roadway conduct' right 'off the mark'.

A second round of training in defensive driving would be very helpful to teens - and adults as well!

I had a very nice note the other day from a father who had lost a child telling me about getting "that knock on the door" and his note reaffirmed my commitment to advocate safety to young and old drivers alike.

Frankly, one can never be 'over-prepared' to address challenging and sometimes deadly traffic situations none of us want to get that knock on the door.

November 3, 2010

The Red Light Camera Controversy In Houston


Houston implemented red light cameras sometime ago. Recently the city of Conroe has also implemented a red light camera strategy to reduce accidents.

The controversy centers on privacy issues and claims that red like cameras do not, in fact, reduce accidents. In a recent news article, League City police chief Mike Jez felt like their red light camera program was reducing accidents.

On the other side of the coin sits a bail bondsman who has formed a group called Citizens Against Red Light Cameras, which seeks to discontinue Houston's red light camera program.

Apparently, the group obtained enough signatures to present the issue for voting on by Houston voters. In the recent election Houston rejected the red light cameras.

According to sources, the city has collected approximately $44 million in fines since 2006 from the red light program.

Studies on the safety of red light cameras do not show any clear-cut answer to the controversy. There is no doubt, that red light cameras, over time, reduce intersection accidents. The real question is are the intersection accidents replaced by increased rear end accidents resulting from those who ply their brake suddenly in an effort to not be caught by the camera.

I take the position, that red light cameras are good for Houston. I base my opinion on personal observations and my own actions when approaching an intersection that I know has a red light camera. Friends and colleagues have been ticketed and commented to me that they will be careful the next time they go through that intersection. For those reasons, I supported red light cameras and was sorry to see it recently rejected by voters.

If it saves lives- I for one am for it.

Continue reading "The Red Light Camera Controversy In Houston" »

November 1, 2010

Houston Truck Crash Kills Motorcyclist

A motorcyclist was killed Saturday evening when a delivery truck made a U-turn and then turned from the middle lane of traffic, according to reports.

According to investigators, a delivery truck was traveling west on Katy Freeway feeder road when the driver made a U-turn on Highway 6. The driver then turned right from the middle lane which led to the fatal accident.

The motorcycle rider was behind a truck and in the far right lane when he crashed into the turning delivery truck investigators reported.

The identity of the victim has not been released and the investigation is ongoing.

Motorcyclists are at risk more so than other motorists on our Houston highways. Study after study has shown that motorcycles just or not visible enough and that issue leads to serious injuries and sometimes death. There are many things a motorcycle rider can do to help reduce the odds of a motorcycle accident. One of those is to drive with your lights on even during the daytime to help make you more visible. Another idea is to wear clothing that is "loud" however many motorcycle riders find this option unattractive.

If you ride a motorcycle in Houston you've got to go the extra mile to be the defensive driver. Our traffic congestion makes it even more dangerous and you're taking your life in your hands when driving during peak hours of traffic.

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

Continue reading "Houston Truck Crash Kills Motorcyclist" »