Houston Car Accident Lawyer Blog

Most people have been trained from their earliest driver's ed classes that the first thing you should do if you've been in an accident is to contact the police. While that is true in most cases - the average American probably is not aware that if you are in an accident in a parking lot and you summon the police - there's really not much they're going to be able to do. Why? Because parking lots are consider 'private property' not public roadways.

For example, last week a woman claims she was following the arrows that directed her to the exit when another vehicle pulled in front of her. A collision ensued and the police were called.

Unfortunately, the wait was long and the police had to be called a second time before an officer finally arrived an hour later (parking lot accidents without injuries are far down on the list of emergencies in the world of the cops). The police person collected up all the insurance information and driver's license and after another quarter hour returned all the information to both drivers and reported that there was nothing the police could do because (a) he could not make a determination as to who was at fault and therefore would be unable to issue a citation and (b) PARKING LOTS ARE PRIVATE PROPERTY AND THEREFORE NOT UNDER THE JURISDICTION OF THE LOCAL POLICE DEPARTMENT.

This will no doubt result in an insurance nightmare for both drivers. If you are involved in a parking lot accident try to get witnesses to corrobate the incident and take pictures...and call the police anyway - at least it will be on the record.
Dealing with an insurance company with a Texas auto accident claim (given Texas refusal to regulate claims handling by insurers) is no pick-nick even when it clear who is at fault and the office issues a ticket.

Continue reading "Parking Lot Accidents" »

It's a brave new world out there for those of us who toil in the field of law. One reason for this is that accident and legal investigations have morphed into a nearly unrecognizable creature over the last ten years thanks in no small way to social networking.

It's a phenomenon that has been written about in legal journals and other forums with greater regularity over the last decade and most authors have come to the same conclusion - that being that, in short, attorneys and prosecutors alike are relying increasingly on findings from social network pages to support their cases in a variety of areas of the law including worker's compensation and criminal cases.

It's amazing that people are so naive and even blind to the fact that whatever they enter on their personal web pages is accessible by almost anyone in cyberspace. Moreover, even when it is erased - increasingly sophisticated electronic techniques allow for the information to be reconstructed.

Even knowing this people willingly divulge private information that has been used increasingly in court as evidence both for and against the person.

In one case, a person shared they had been the perpetrator of a hit and run accident. Police wasted no time in arresting this young man when it was brought to their atttention.

To my way of thinking - it's best to consider almost NOTHING to be private anymore - but rest assured nowhere is this more true than on the internet.

Continue reading "A Social Phenomenon-In Car Accident Lawsuits" »

if you enjoy lists then you'll really like this blog. After a little research I've compiled lists of the worst...of driving.

In order of severity the worst drivers on the road today are attorneys and judges, financial personnel, government employees, waiters and bartenders, people in the world of business, dog groomers (really?), advertising executives, hair stylists, sports coaches, and nurses.

The researchers who compiled this list opine that the reason for their poor driving habits is that they work in high pressured fields that may distract their attention while on the road. (Keep this in mind if you are a passenger in a car with one of these types of professionals - always feel free to speak your mind about their driving behavior because after all it's your life too).

For the record - homemakers rank at the top of the safest drivers list.

The worst times to be on the road (safety wise) or be driving are before, during and after a holiday including Christmas, Memorial Day and Labor Day, the Fouth of July, Easter and Thanksgiving.

The worst hours to be on the road are anytime after 3 p.m. - partially because it's when people start drinking before they drive and the worst days of the week to drive are Friday through Monday morning.

Finally, it's a tie between the worst driving age group between teens and the elderly.

Always drive defensively.

Continue reading "The Worst of Driving" »

We often discuss the number of vehicle fatalities and their many causes in this blog. Let us take a more positive tone and offer some advice compiled by experts that will increase your chances of surviving an accident.

The most important proactive measure a person can take to help them walk away from an accident intact is to wear your seatbelt. While for many of this it is simply a habit - a recent survey found conflicting evidence of regular seatbelt wear. While some researchers claim that over 90% of people always buckle up others state that perhaps one in seven do not.

Speaking of seat belts - when you make a new (or used) car purchase make sure it has the greatest number of recent safety devices available in your price range. Older cars do not have neck supports, anti-lock brakes and other safety technology. Remember that when you are buying a car your goal is also to ensure the safety of you and your passengers.

Secure items in the car so that in case of an accident no one will be hit by objects flying from the impact. This is true of pets as well. There are a number of safety seats and securing devices for dogs and animals.

Make sure your car is in good working order BEFORE you set out on a trip. This includes ensuring that you have enough fuel, the tires are in good shape and that all the fuels are topped off.

Finally, follow all traffic and road signs. Stay alert and drive safely.

Continue reading "Surviving an Automobile Accident" »

The circumstances surrounding two separate accidents in a neighboring state involving pedestrian fatalities could serve as a warning to walkers everywhere. In reports of one case a man was walking at night along a highway when he was struck.

The impact sent him flying into other lanes of the highway where he was struck several times more. He died instantly. In another report, a woman was crossing a six lane city road - at night - when she, too, was struck by a car and killed. In both cases the drivers of the vehicles stopped...and in both cases no one was ticketed. It was - for all practical purposes - an accident.

There has been a spate of accidents in the news recently - both here and in other locations around the country - involving pedestrians being struck and killed by motor vehicles. If you are a regular walker then consider the following information.

Last year alone nearly 4100 pedestrians were struck and killed by a vehicle in 2009. While that figure is down by 20% from a decade ago - it averages out to be about ELEVEN walkers each day killed somewhere in this country.

Experts are unable to assess with any accuracy whether or not the act of walking itself is becoming more dangerous simply because no one has recorded the number of miles the American population walks or how many of them are actually walking.

If you are a pedestrian then the following advice - although given on other occasions - may help you reach your destination safely.

First, try to avoid walking late at night because it is harder for drivers to see you. Wear reflective clothing but do not expect this alone to keep you safe. Walk against the traffic and always use sidewalks if there are any available; if not then walk as far away from the actual roadway as possible.

Walking at dusk and dawn are equally dangerous so if you are a dedicated walker who engages in the activity for sport - try to walk during the daylight hours.

Continue reading "Another Look at Pedestrian Accidents" »

Hiring a car accident attorney in Los Angeles may be a wise choice after a collision. Los Angeles personal injury victims can be faced with a number of challenges after a car accident. Dealing with their injuries and the insurance company can be a difficult task.

Insurance adjusters will usually contact accident victims after their incident to settle their claim. Knowing that the adjuster is not your friend and does not have your best interests in mind is important when dealing with the insurance company.

Insurance companies are for profit businesses. To help increase their profits insurance companies have trained insurance adjusters to withhold as much money as possible. As an accident victim, you want the exact opposite. To receive a maximum settlement from the insurance company you will need skill in two critical areas: preparation and negotiation.

Before you dive into your case, you will need to prepare yourself. You would not take a trip to Europe without planning all the details. A personal injury claim is no different. To prepare yourself for an injury claim you should answer the following questions:

What is the strength (evidence) of your claim?

What is your settlement goal?

What is your settlement bottom line?

What alternatives do you have if you don't settle?

The strength of your case will lie in the evidence. Preparing statements of witnesses, police reports, photos, and documentation of your losses will help you to receive a fair settlement.

After preparing your evidence, you will need to present this information in a cover letter -- also know as a demand letter. The cover letter will list damages and summarize the evidence.

Researching similar cases is another great way to prepare for your case. Go to your local law library and research similar claims others have received. When negotiating your claim reference these cases.

Define a settlement goal for your injury claim. This will include your bottom line -- the lowest dollar amount you are willing to walk away with -- and your ideal settlement value. If the insurance company denies your bottom line what alternatives will you pursue (go to small claims court, retain a personal injury lawyer)?

Continue reading "How to Prepare For Your Los Angeles Car Accident Claim" »

The ability to detect alcohol on a person's breath actually dates back to the late 1800's but the first real breathalyzer came into use right around the 1940s - it was called (appropriately?) the drunkometer.

Most people don't realize that a breathalyzer doesn't actually measure the amount of alcohol in a person's bloodstream - to do that you need to take a sample of a person's blood - it estimates the blood alcohol content (BAC) instead.

There are a number of breathalyzer machines on the market today - and just like the brand ''Kleenex' has come to be used interchangeably with all tissue products - so too has the brand "Breathalyzer" come to represent the variety of machines that perform the same type of assessment.

Most states have legislated the exact machines that law enforcement is able to use. One could assume from this that somewhere along the line there has been a study or two that has confirmed the effectiveness of the chosen breathalyzers - but that is actually not always the case (in one case the breathalyzer brand a state opted for was sold by the spouse of the forensic lab's supervisor)

Today, there are personal breathalyzers available for purchase. They cost anywhere from ten dollars to several hundred - and although their results may not be as reliable as a professionally purchased machine - it's a good place to start.

In the end, the use of the results of a breathalyzer machine are still controversial and tend to be prone to being challanged in court.

This is due to the fact that they are sensitive to such things as atmospheric termperature.- which can impact the results causing a false reading. Newer generations of the machine are expected to provide more accurate information.

Continue reading "Breathalyzer Machines" »

I have a friend who was waxing long over the fact that his neighbor was still driving at the age of 95. He went on to describe at length how he would see the garage door roll open several times a week at all times of the day and night and marvel at how this little elderly woman - nearly impossible to see above the dashboard and behind the steering wheel - would inch her way down the drive and then down the street.

Those who lived close by knew to stay off the road when she set off because she had a habit of forgetting to stop at stop signs as well as driving on the wrong side of the road. Police had been called on several occasions but - as yet - law enforcement had been unable to deny her a driver's license.

This might be mildly amusing if it weren't so potentially deadly. As baby boomers and their parents inch into their twilight years it is difficult to get them to accept what should be considered a natural limit to their abilities. With age comes decreasing eyesight clarity, reflex response times and impaired judgment - such as predicting the amount of time needed to make a left hand turn in front of oncoming traffic.

I am not elder-bashing here. A wealth of studies have been done to support these premises - and the statistics are available to show that aging adults are less capable of handling a several thousand pound machine in increasingly congested traffic situations.

If you have an older parent or family member who is still driving - consider discussing alternative methods of transportation that may keep everyone safer.

News stories in which an elderly driver caused injury and death to others because of incapacitation are difficult to read - and most certainly are even more tragic to experience.

We want to protect elderly drivers from not only contributing to a car accident but getting injured in the process.

Continue reading "When is a Person Too Old to Drive?" »

Even as we ushered in the New Year - some stories are simply old news. Police have been interviewed lamenting the number of drivers who rang in 2011 by having a little too much to drink...and then sliding behind the wheel of their automobile.

Law enforcement and the court system have undertaken the most aggressive stance to date to get drunk drivers off the road BEFORE they maim or kill somebody with their vehicle.

If you haven't noticed - there are signs posted strategically along the roadways informing people - who care to gamble that they will not get caught if they attempt to drive in a state of intoxication - that the police will arrest anyone who refuses to submit to a sobriety test.

Cleverly tagged as 'no refusal' weekends - they are the brainchild of a court system who is feeling pressure from such groups as Mothers Against Drunk Driving (if not the public in general) to DO SOMETHING to lower the incidence of drunk driving injuries and fatalities on Houston highways.

Anyone who has witnessed the aftermath of a drunk driving accident must be cheering their elected officials on from the sidelines.

With Texas leading the nation in drunk driving deaths for THE PAST FIFTEEN YEARS - it would seem that we are overdue for some new ideas that may make a difference in the body count. I'm sure many would agree that they'd rather see the local jails filled to capacity - than the morques.

Continue reading "Aggressive Offensive Against Drunk Drivers" »

Sometimes the activities that seem to offer the greatest amount of amusement are also the deadliest. Just like their 'big brother' - the motorcycle - mopeds (or minibikes) are alluring for the sense of freedom and thrills they offer. What could be more fun than racing over bike trails at seemingly innocent speeds of up to forty miles an hour?

But drivers seem to forget that just like a motorcycle there is no physical protection for a person in the case of a collision except perhaps a helmet (if one is worn).

Now, the number of moped deaths is extremely small - according to one source having doubled from a mere fifty to a high of one hundred over the past four years - in comparison to the total account of traffic fatalities in general (normally the number languishes around 40,000).

Yet moped injuries and deaths have caught the attention of Washington D.C. and as the new Congress gets underway - legislation is moving forward in various committees concerning a number of aspects of moped riding - beginning with the required use of a helmet for riders under the age of 18 or 21 (depending on the state).

In addition, the fact that mopeds can be driven on public roadways in many states yet does not always require the acquisition of a driver's license has also evoked pending legislation.

Finally, in some states there are no drinking and driving statutes related to mopeds - a loophole that is expected to close over the next year.

Continue reading "Moped Fatalities" »

I recently noticed that the price of gas has been slowly but surely rising - and I would say it's a sure bet that they aren't going down anytime soon. So to help you stretch your driving dollars - and as an added bonus - treat the environment a little more carefully - consider the following money saving driving tips.

*Make sure your car is clear of heavy items that you do not need to haul around. If you are driving on snow and ice then it's a good idea to weigh the trunk down with bags of sand or the like - otherwise you use more fuel when you have extra 'stuff'. Take out extra gym bags, groceries, backpacks and other miscellaneous materials. You're guaranteed to use less gas, save money and pollute the air less.

*Don't speed. Not only is it safer to stay within the suggested speed limits but you use less fuel as well. Less fuel equals money saved - and a happier environment overall.

*Consider trading your car in for a more fuel efficient model - or one that uses alternative fuel. The upfront cost of a car purchase may be offset by the reduced amount spent in fuel over time. Put a pencil to it!

Finally, being earth friendly and penny wise are both ways to model good citizenship for our children...so car pool when you can, combine trips - or - take public transportation.

Continue reading "Gas Saving Tips" »

With thousands of new drivers added to the rolls of the 'licensed' each year - it might be valuable to devote a blog to offering safety advice just for the teen driver...so teenagers - this one's for you!

*No matter how much you may be tempted - do not get in a race with another driver. There are better ways to 'strut your stuff' and there's nothing macho about injuring or killing yourself or another innocent person in an attempt to show off.

*Do not drink and drive. Oh sure, there are stories floating around about how to get liquor even though you're underage and in the back of your mind it probably sounds cool to get a six pack and hang with your pals while cruising for chicks (am I hopelessly out-of-date?) but every year kids are killed from engaging in this very activity.

Underage drinking is against the law - and so is underage drinking and driving.
*Pay attention when you're driving. That goes for when you're driving through the school parking lot, or at the mall or on the highway or any city street. Foot and vehicle traffic is dynamic. That means it is ever-changing - by the second - and in a moment's notice something that wasn't there could suddenly be.

*Keep the music down - so you can hear oncoming emergency vehicles, trains and other cars. Put the cell phone down so that you are not dividing your attention between your lap and the road. Pick a station on the radio and leave it there or just let the ipod do the picking.

Continue reading "New Drivers Need Parental Guidance" »

One of the most important safety features of a car is its tires. When you think about it - they are the only part of your vehicle that is supposed to make contact with the roadway. Moreover, many other parts of the car are at the mercy of tires including the brakes and steering system.

When considered in those terms the value of that rubber increases dramatically! Please keep the following information in mind the next time you go shopping to replace your worn out wheels.

*Although it is often a consumer's first reaction to make a purchase based on price - when you think about the fact that a driver - and even his or her family's - life may hang in the balance then - well - cost should be a secondary consideration. So when you go out shopping for tires think about them along the lines of their long-term benefits. Too, one should be able to expect that the more expensive tires will outlast a cheaper one - and therefore be a smarter purchase in the end.

*Make sure that the tires you purchase are the type that have been recommended for your vehicle. Don't be tempted to be oversize tires - they can cause a driver to lose control of their vehicle in certain conditions.

*Don't buy retreads. Again, they may sound like a good deal - and may even come with some guarantees - but when a tire blows and you're driving even 55 miles an hour that guarantee will not help you get off the road safely.

And now - a few final tips - check the tire pressure frequently under-inflation is a leading cause of tire failure.

Continue reading "Tire Care for Safety" »

Safe driving tips are always a timely topic for readers. Consider the following advice the next time you get into your vehicle. They are precautions that usually fall to the bottom of most safe driving lists.

*When driving by parked cars remember that there may be people inside who are preparing to exit the vehicle - and they could open the door right into your path.

*Even when you have the right of way at an intersection - perhaps the light is green and it appears the other cars are stopped - be somewhat cautious - particularly when the light is just changing. There have been hundreds of injury and fatality accidents caused by drivers who run a light that they believe had just turned red - or they were simply not paying attention.

*Follow the simplest rules of the road to stay safe. When driving at night don't drive through unlit and unfamiliar areas. Don't pick up strangers or even slow down to answer a question. If someone appears to be in need of help and you are wary then dial emergency services instead but keep your doors locked and stay inside of your car.

*Never drive through standing water - it may cause your engine to stall and your vehicle and you could be swept away.

*Be alert for erratic drivers - they can come at you from all directions. If someone appears to be driving drunk or distracted and is endangering others around them then pull off the road and out of their way - and dial 911.

Continue reading "Drive Save in 2011" »