Houston Car Accident Lawyer Blog

I'm sure that many of us have seen someone get out of the car without any problems or issues and having parked in a disabled parking spot with a disabled parking sticker. Recently, I saw some one who had such a sticker and is clearly not disabled. I'm not sure how anyone could bring themselves to pull off such a fraud but you never know.

There is an old saying "I used to complain about no shoes until I met a man with no feet". I have myself been guilty of parking in handicapped parking when I was young man. When I represented my first paralyzed personal injury victim and saw the struggles he went through every day, I never parked in a handicapped spot again.

The handicapped truly struggle and adapt to hardships that some of us could not even imagine. Anyone who walks a mile in a handicapped person shoes would not be able to park in handicap spot unjustly.

According to the Texas Department of Motor Vehicles persons who are eligible for disabled parking permits are those with very serious eye issues and others who have mobility problems impairing their ability to move around.

I am certain that the vast majority of people who display disabled parking permits are appropriate users and should be entitled to such permits. I'm also certain that others are abusing this privilege and it does not reflect well on our community.

Continue reading " Disabled parking permits" »

Vehicle upkeep is one of the responsibilities of owning a car or truck. When you fail to do so you put your own life and others at risk. Consider the following auto accidents.

A light truck that appeared to be traveling with no problems suddenly began to swerve sideways. Other drivers hustled to get out of the way of the hurtling vehicle. It quickly became apparent that the entire right front wheel had disengaged from the truck which resulted in the driver totally losing control.

Meanwhile the wayward tire went flying across the highway and struck a small car. The chain reaction of events that followed left one driver dead and others with an array of physical injuries. All told, eight vehicles were involved in the accident. What caused the wheel to fall off the truck entirely?

According to the driver's own account the wheel had been 'wobbly' for a few days but he just hadn't gotten around to checking it out.

In another example a minivan came to a complete stop all of a sudden in the middle of traffic. The driver had failed to put any motor oil in it - even though the warning light had been on for days.

The engine simply seized up and stopped. Although the woman was able to get her children out of the van and safely off the road her negligence endangered everyone around her before some good Samaritans stopped to help.

If you own a vehicle take the time to create a maintenance schedule and display it where it can serve as a reminder - and then follow it as a car accident can change lives in seconds.

Continue reading "Car Accidents Caused by Poor Maintenance" »

As you may know, many new automobiles are coming equipped with heated and cooled seats. This luxury upgrade can be available on many newer model vehicles.

Unfortunately, for paraplegics and quadriplegics the heated seats in some models can be extremely dangerous. Third-degree burns are happening in heated car seats with paraplegics and others who have neurological deficits because the passenger cannot tell they are being burned. In some instances, up to 150° have been recorded from heated car seats.

Manufacturers of automobiles have certain responsibilities under product liability law and can be held responsible if an unreasonably dangerous product led to a serious injury or wrongful death. Not every case is appropriate for a product liability analysis and it takes an experienced Texas personal injury lawyer to investigate a potential product liability case in Texas.

If you are loved one have been badly burned by a car seat and would like to discuss your legal options call the Texas car seat burn lawyers at the Baumgartner law firm at 281-587-1111 for a no obligation consultation on a car seat burn.

Frequently in my Texas personal injury law practice I receive calls from folks involved in a car accident who at the request of the other party did not call the police and simply exchange information at the accident scene, only to then have the negligent party suddenly claim the car accident was the victim's fault.

This happens almost every day and is a prime example of why the best thing you can do after car accident is call the police. The police will take statements, look at the physical evidence and report what they find. Many people are shocked after they do a kind favor of not calling the police and end up suffering for their graciousness.

If you are in a auto accident, call the police and have them make a report. At the minimum, if you do not call the police make sure you take photographs of the location of the vehicles before they are moved and obtained name address and telephone number of any and all witnesses. You will be shocked at some of the stories that get told after the cars are moved.

Do not be a victim twice, call the police.

Continue reading "Why You Need to Call the Police After a Car Accident" »

Walking along highways is not a safe choice. Vehicles are usually traveling at no less than 55 or 60 miles per hour and often much faster. In an accident the driver is protected by the car or truck while a pedestrian has no safety net whatsoever.

In many places it is illegal to walk alongside highways - this is true because of the fact that it is a gravely dangerous action. Of course, it's one thing if your vehicle breaks down or you run out of gas and you must pull over and then walk for help. Otherwise - I would definitely discourage it.

The reason this topic has been broached in this blog is that the nephew of international celebrity was walking alongside a highway in Florida to draw attention to a charitable cause. He was struck and killed and while few details are available the following information is known.

First, the man has made this 900 mile trek on several occasions and for the same cause over the past few years with no incident. However, reports suggest he was walking at night on an unlit highway. Although someone claims he was on the correct side of the white edge line - that is not a barrier.

A person driving down the road only needs to look away for a moment and their car or truck will drift over to the side - and into the path of the walker before they even have an opportunity to 'correct'. And with texting and cell phones you never know.

Don't walk along the highways - it is simply too dangerous.

Continue reading "Walking Along Highways can be Dangerous" »

There is a lot of interesting and varied news in the world of vehicles recently. Consider the following news shorts.

*As if rising (skyrocketing) gas prices were not enough of a punishment for those who own larger vehicles - now some in the state of Texas wants to further abuse them. One news source states that legislators are considering adding a surcharge to the cost of new vehicles that fall short of the required fuel efficiency standards set by the federal government. The reason they are mulling over this additional cost is to help cover a projected budget deficit. I guess that is a way of increasing taxes without admitting you raised taxes!

*It seems that vehicle technology is changing faster than I can ever write about it. A short television news segment offered viewers a look at what they can expect in their cars in the coming year or so and there are some great ideas out there.

For instance, new voice technology will allow you to listen to your text messages and respond without ever taking your eyes off the road and hands off the wheel (like a phone conversation but better).

In addition, new technology has been designed that will allow parents more control over the speed their children can travel at and even how high the music can be played. Too, physics played a hand in the newer designs - as engineers are finding ways to disseminate the energy from a crash thereby minimizing damage to the vehicle and injuries.

Finally, a rising pop star offered this advice to his fans - don't twitter and drive.

Continue reading "Technology and Cars" »

Burns are the third leading cause of death in the United States and children comprise half of all burn victims. In addition, the elderly are also particularly vulnerable. Burns are diagnosed according to how deep a burn injury is - and are classified as first, second and third degree.

A first degree burn is the least serious of the three. Only the surface of the skin has been damaged. A second degree burn has reached the second layer of skin - and is sometimes known as a partial thickness burn.

With second degree burns the skin will blister and fall off - exposing the nerves below. With third degree burns both layers of the skin are destroyed - and many times so are the nerve endings as well.

There are a variety of methods used to treat burns. These include burn ointment for the least severe - and antibiotics and bandages for the progressively more serious burns. In addition, the burn may require the use of a pressure garment to help reduce scarring.

The most serious burns may require skin grafts. Too, people with serious burns may be transferred to and treated at centers dedicated to caring for burn victims.

Researchers are continuously searching for better methods of treating burn victims.
Some of the more recent information they've discovered covers such things as skin regeneration and pain reduction. Finally, there is also work being done in the area of product design aimed at making materials that will ease burn victims' pain.

Continue reading "Burn Injury" »

Some days there are more injury and fatality accidents than others on local Houston roads.

Yesterday seemed to be one of those days. In one accident that occurred in the early morning hours - a man was driving the wrong way along the East Loop and was killed when he crashed head-on into another vehicle.

The driver of the second vehicle is in critical condition. No indication as yet of whether or not alcohol played a role.

In a second accident at nearly the same time on another part of the Loop a female lost control of her vehicle while crossing some railroad tracks. Her car rolled several times and because she was not wearing a seat belt she was ejected from the vehicle. She was pronounced dead at the scene and, in this case, alcohol has not been ruled out having played a role in the crash.

Meanwhile, on the West Loop a police officer was chasing a vehicle that had refused to pull over.

Gunshots rang out from the fleeing car causing the officer to swerve and then lose control of the cruiser. It ended up crossing the median before coming to a stop as it struck a tree. The police officer received minor injuries.

What can we learn from these accidents? Drinking and driving don't mix. Wearing a seatbelt can actually save lives and even the most seasoned drivers can lose control of their vehicles at a moment's notice.

Continue reading "Houston Area Accidents" »

A winter storm that wreaked havoc across a large portion of the country - and the impact it had on drivers everywhere is reason enough for me to offer caution to people who would consider venturing out onto public roads when warned off by authorities.

To begin with - in today's environment of 24 hour news - coupled with technological advancements in weather forecasting - only a hermit would be unaware of an impending storm well in advance.

News announcers drone on and on about expected snow fall levels and ice and sleet hazards. The reason I bring this up is that when a person gets into their car to drive after a storm has been predicted to begin and continue over a certain time period - is gambling (with their life and others).

Take, for instance, those drivers along Lake Shore Drive in Chicago. Dozens and dozens of cars were left abandoned as police and emergency personnel worked to rescue drivers whose cars became stuck thanks to a foot or more of snow that fell in a short period of time.

This identical scenario was repeated on highways across the country. There's no doubt in my mind that those drivers wish they would have heeded the warnings of local and state officials who repeatedly stated that people should stay home.

Inclement weather is an expected part of the winter season. But when weather experts are all but begging states to close down all public buildings and advising people to remain in their homes - this is more than a little rain and snow - and the smart person listens to the advice of the experts.

Continue reading "Driving in Bad Weather" »

Great news - pundits, state and federal groups and famous personalities have formed a united front to combat the increasingly deadly phenomenon of distracted driving!

Daily public service announcements can be heard on the radio and seen on television warning drivers of the potential deadliness of their actions - that include everything from texting to talking on the phone and eating to reading!

As cars have become more of a home away from home for people - their ability to recognize the disaster that awaits them when they become too comfortable - and don't put driving as their first priority - is becoming part of the national consciousness.

While it is not possible to determine to the letter which Houston car accidents were caused by a distracted driver - experts can state definitively that several deaths a day occur across the country because people were inattentive behind the wheel. Equally as disastrous is the fact that there are thousands of injuries (both temporary and permanent) that can be traced to distracted driving as well.

As awareness continues to grow about the dangers of driving distracted the state and federal legislatures are starting to take an active role in passing laws that will help to curb the worst of these offenses - texting and/or talking on cell phones while driving.

Do your part as well - discourage family members from driving distracted - and model appropriate driving behavior for others. Put your cell phone down or better yet turn it off until you arrive.

Continue reading "Distracted Driving Fight Goes On" »

The no refusal program which was implemented a few months ago for areas surrounding Houston is gearing up for Super Bowl weekend. All in all, the program has led to record numbers of arrests for those suspected of being under the influence of alcohol and driving.

The program enables officers to obtain a warrant for drawing blood from those drivers who refuse a breathalyzer test. News reports indicate that over 13,000 drivers in Harris County were charged with DWI last year. It is no surprise that Houston leads the nation in fatal drunk driver accidents and Texas leads the nation in the same category.

Designated driver, call a cab or stay put but please do not drink and drive.

Continue reading "No Refusal DWI Program for Houston Super Bowl Parties" »

Drinking and driving is the number one cause of vehicle fatalities in this country.

Even with increased laws on the books intended to curb drunk driving - upwards of 43% of car and truck deaths occur because of a drunk driver.

Consider the following scenarios which - although arguably quite gruesome - when shared with friends and family they may prove to be the best deterrent against intoxicated driving.

The sad truth about drunk driving and children is that two-thirds of children who are killed in auto accidents are in a vehicle in which the driver has been drinking. Another truism of alcohol mixing with driving is that September is the deadliest month for college students as they get back into the swing of binge drinking and driving.

Grievous circumstances in which a death occurred because a driver was drinking includes a story about an intoxicated father who ran over his own child near his home while the seven year old girl was walking the family dog.

Equally as unsettling is a case of one brother witnessing the accidental death of his other brother at the hands of a drunk driver. In yet another case a man was sentenced to a little less than twenty years of hard time in prison for a drunk driving accident that left an unborn child dead.

Take a cab, get a designated driver, walk or stay in a hotel. Don't drink and drive.

Continue reading "Drunk Driving Accident Statistics" »

As Houston and other areas experience controlled power outages the risk of any Houston auto accident goes up substantially.

We learn early on that we can rely upon red and green lights for traveling safety to our destination. That is not the case when the lights may be out. After recent hurricanes, Texas personal injury lawyers saw an uptick in car accidents due to power outages.

If you are driving and suspect that the lights may not be working you have to use extra caution at intersections. You must assume that the other driver thinks his light is green because it is not red. It is much better to give someone the right of way who does not really have the right-of-way then to get into a bad traffic accident.

Use the extra caution get home to your family safely and realize in the over all scope of things five extra minutes in transit is no big deal.