Houston Car Accident Lawyer Blog

With the onset of spring we look forward to a variety of activities we may not have been able to enjoy for months. Bike riding, kite flying, boating and - yes - even a day at the fair (or carnival or amusement park). Unfortunately, a spate of problems has led to surprising and unexpected deaths - and may cause people to reconsider this as a choice of leisure time activity.

In an eastern coastal state a passenger train ride carrying nearly two dozen passengers derailed causing the train to overturn and kill a young male passenger. Based on reports, first indications were that an area of the track that had been repaired on several occasions was flawed - resulting in the accident.

And right here in Houston at a local carnival a man fell nearly thirty feet to his death from a roller coaster. Initial inspections did not uncover any obvious problems with the equipment. It certainly gives one reason to pause before getting onto an amusement park ride of any kind.

The truth is that just like every other budget across the country - the inspection of small carnivals, rides and operators do not occur with the same regularity or thoroughness they did several years ago - because (in large part) of constraints on the monies available to oversee these activities.

Anyone who wants to cut back in our state and federal governments ability to regulate safety- will see-if they have their way- a rise in accidents that could have been prevented.

It would seem that instead, we are relying on the integrity of the carnival owner to ensure the safety of the public - and we can see how that's working out.

Perhaps a better choice for a weekend activity is to take a long walk or pack a picnic lunch. At least in that way you are not putting your own safety and that of your family in the hands of a stranger.

Continue reading "Carnival Rides and Accidents" »

There is such a variety of circumstances that surround an automobile crash I felt it was time to offer readers a simple question and answer blog. If you have other concerns or queries that require a response - feel free to contact us at your convenience.

*What should I do if I am witness to a car collision?

First, ensure your own safety and immediately dial 911 to enlist the services of emergency personnel. If it is safe to do so approach the car to determine if there is any way in which you can provide help, however, do not take it upon yourself to move a victim as you may unknowingly inflict further damage.

Remain on the scene when police arrive to provide your personal information as well as your eyewitness account of the accident. If the accident appears to be a hit-and-run get the license plate number of the driver but do not engage the person if they stop but then show signs of driving away. This advice is for your own safety.

Continue reading "Frequently Asked Questions About Car Wrecks" »

Rental cars are a popular choice for drivers when it comes to vacations and/or short trips for business or pleasure. Perhaps your employer makes the arrangements for the vehicle you'll be using or you surf the net in search of the best deal - the one that costs the least and in today's market of high oil prices - gets you the most bang for your gasoline buck.

However, there is one more factor to be considered - but rarely (if ever) is - and that is vehicle safety.

According to a recent media expose the same people who spend hours poring over the safety stats and features of a vehicle they are considering for purchase rarely give a thought to the same information when they go to rent a car. A review of the fleets of cars made available to consumers by the top car rental companies uncovers some surprising findings.

First, overall - every newly manufactured vehicle is safer today than ever before. Each year car and truck engineers continue to meet the demand for helping to ensure that drivers and passengers can walk away from collisions with fewer injuries than ever before.

However, that is not to say that every car leased from a rental company rates 'top of the line' in safety. It is up to the consumer to check on the statistics and safety features of the vehicle they rent - and furthermore to inspect the rental.

It is not unheard of that car rental companies or car dealers will send cars out with consumers that have not been properly maintained and - as a result - may cause an injury or fatal car accident.

Continue reading "Rental Car Safety" »

According to SADD.org over thirty percent of people between the ages of twelve and twenty years of age, had their last drink, or binge at another persons home. The parents of these drunken juveniles are usually working, or are more interested in their own personal lives than those of their own children.

Granted there are single parents that work long hours to support their children, and cannot be home when their children are out of school. The fact remains that long distant or absentee parenting is not working with all the temptations of alcohol and drugs currently.

Just like with child predators meeting the sons and daughters of many Houston area families online while the parents are consumed with other activities or work. The lack of supervision lets all non-productive influences move into a pre-teen or teenagers life.

A child left to their own instruction will usually seek the affection of anyone who will show interest in them. Once this transition occurs, the parent loses much or all influence over their son or daughter's lives. This may in the form of a friend's parent allowing them to drink after school, and then allowing them to get back behind the wheel of an automobile and navigate their auto home under the influence of alcohol.

Teen drunk drivers are much more prone to having a drunk driving accident because their reaction times and judgment are more so impaired than that of a 21-50 year old, and are more likely to be involved in car accidents that end in single or multiple fatalities from crashing their vehicles while drunk.

Many parents may read this, and become enraged from being accused of neglecting their kid's while trying to earn a living for the very same children. The fact remains that the mother, and father are responsible for the actions of their children, and it is up to them to make the appropriate changes to prevent teen drunk driving.

Reaching out to Alcoholics Anonymous or another group for guidance on trying to help raise a sober child will be a good solid first step to take, and it might be necessary to change careers in order to be able to supervise, and raise your children in a more healthy, and productive environment.

There are also other non-profit organizations such MADD to get help and tips for parents with teens who may be drinking.

Continue reading "Teen Drivers Usually Drink Alcohol From Neglect Of The Parents" »

Pick-up trucks range in weight from a low of 3700 pounds (empty) to up to 13,000 pounds depending on such things as the manufacturer, year of production and added safety features.

Additionally, their beds provide room to pile on weight that may or may not be secured. Researchers have offered that for the most part today's pick-ups average around 5500 (or five and a half tons) pounds.

On the other hand automobiles are generally of a lighter weight (not including SUVs which will not be considered in this discussion). They weigh in somewhere around 3500 pounds and their weight continues to decline in response to EPA regulations that are requiring greater MPG among other things.

When vehicle manufacturers were challenged to increase the miles per gallon an automobile could get their best response was to decrease the weight of the car. Today's cars have replaced many heavy metal parts with cheaper and lighter plastics.

While this has proved beneficial to increased mileage it is obvious that in a collision between a pick-up truck and an automobile the vehicle with the heavier weight will most likely sustain less damage and offer its driver and passengers more protection.

Of course, all of today's vehicles - both cars and trucks - come equipped with increased and more sophisticated safety systems designed to offer further protection to anyone in an accident - but it is simply pure physics that the object of greater weight will inflict greater damage on an object of smaller weight and size.

Always drive defensively.

Continue reading "Pickup Truck Accidents" »

Hit and run car accidents are an all-too-common occurrence in Houston - our state and the country at large.

The National Highway Traffic Safety Administration offered that in a recent year approximately eleven percent of all traffic accidents were hit and run. That means that one of the drivers in an accident either failed to stop altogether after an accident or stopped and left before police could arrive.

It is not unheard of for a driver to fail to stop because he or she is unaware that they have 'hit' another vehicle or person - but for the most part this is an unlikely scenario.
Instead, hit and run drivers often flee the scene of an accident because they are driving while intoxicated, driving on a suspended license, are driving without insurance coverage to their vehicle, have warrants out for their arrest for other unrelated (or related) charges or simply are too frightened to stay and 'face the music'.

No matter what the reason - it is important to know that it is illegal to leave the scene of an accident - and if the person is caught they will face additional legal challenges that could include jail time as well as steeper fines.

In the Houston headlines this week it was announced that a woman was struck and killed by a hit and run driver. The victim was walking along the shoulder of a major thoroughfare at two in the morning which is always very dangerous - and although no details have as yet been released - if the woman was not wearing reflective clothing she may simply have been 'invisible' to the driver who struck her.

The driver left behind a portion of the car though which should make him or her easier to track down.

Never leave the scene of an accident.

Continue reading "Houston Hit and Run Car Accident" »

When the words 'vehicle collision' appear it is normal to conjure up visions of cars and trucks in various stages of disrepair. You may think of side collisions, rear-end accidents or even rollovers. But for this blog let us consider some of the more unusual collisions one may never be able to prepare for.

In an Atlantic coastal state a pick-up truck was parked well off the main highway on a gravel road. The whereabouts of the truck's owner were unavailable at the time of the accident - suffice it to say that he or she was fortunate to be elsewhere when an experimental single-engine plane fell from the sky - its wing crushing the front half of the pick-up in the process.

Fortunately the pilot suffered only minor injuries as well. Boy, are we in trouble if we have to incorporate defensive driving against airplanes into our daily lives.

Another unexpected car crash was caused by one of America's favorite birds - the turkey - on the back country roads of a northern state. A teen and his sister were on their way to school when a turkey unexpectedly flew into their windshield - nearly shattering it.

The shock of the incident caused the young driver to lose control of his vehicle and he drove off the side of the road. There were no injuries but the reader would probably not be surprised to learn that this happened a few days before Thanksgiving. To date the score is: turkeys - 1/ Thanksgiving revelers - millions.

Drive defensively.

Continue reading "Unusual Accidents" »

The auto industry giveth and the auto industry taketh away - in a constant effort to convince the consumer that they are working on their behalf. Certainly research demonstrates that vehicle safety became a number one concern for manufacturers such as Ford, GM and Chrysler when the government began revealing their blatant disregard for driver and passenger safety.

The heat remains on to find ways to constantly ensure against injury and death when catastrophic injury and fatality reports come out each year. We are regularly exposed to the car manufacturer's side of the story - when they offer that their engineers are fast at work creating products that will get you around and to your destination safely by car.

To be sure there have been some improvements such as anti-lock brakes, the airbag-seatbelt combination and safety glass (to name a few). We breathe a little easier as a lot believing that we are actually 'safe' in a car or SUV (but it is near impossible to guard against human error).

Meanwhile the price of gas is skyrocketing and we are all looking to trade in our gas guzzlers for the more progressive and futuristic looking 'electric cars'.
But not so fast, in a recent study performed by the Insurance Institute for Highway Safety it seems that these newer models come with old foibles.

To be exact - if an electric car was in a collision with a 'real' car the results would most likely be disastrous. Due to certain regulations electric cars are held to the same standard as other cars.

I'd say that makes them pretty much of my wish list- for now - and if this information becomes widely circulated people may just continue to drive the gas guzzler until manufacturers put forth a safe and viable product.

Continue reading "Electric Cars Viable?" »

No teenage son or daughter can wait for the day that her or she can drive or operate a motor vehicle. In Texas the laws change it seems almost yearly about how and when a minor can operate the family vehicle.

Three decades ago it was simply having a parent take their child down to the local Texas DPS license office, and pay for a learners permit, and when they became sixteen they would be tested for knowledge and on the road with an officer grading their ability.

Today teens have to jump through many administrative hoops to obtain even their learners permit. A class that consists of thirty hours of instruction must be taken and passed before even applying for a permit to get time behind the wheel with a licensed adult riding along with them.

The parent or guardian and the student driver must also agree in writing and sign a document that they are under the Zero Tolerance Law. This means even on the first occurrence of the student driver being pulled over by law enforcement, and they can detect that any amount of alcohol is in their body, their permit, or license will be taken away.

Before any of the above occurs the student must prove that they are in school, and show through proof of attendance records, and or hardcopy of their enrollment paperwork. If they have already received their high school diploma, or G.E.D then the previous will not be needed.

Of course, the normal vision test, and a written exam must be taken and passed to receive what is now called an instruction permit instead of a "learner permit". This will be simply a piece of paper and not the standard photo ID the Class A licensed drivers receive.

This document will expire upon the student's sixteen birthday in which time they will have to take the next steps in getting their "Graduated Drivers License".

More driver education in the classroom and driving with an approved instructor will be required to obtain their drivers license. This will be called a Provisional Drivers License, and it comes with certain restrictions.

The first being a driving curfew for anyone under the age of 18 that restricts them from driving between the hours of 12 AM (midnight) until 5 AM the next that morning. There are exceptions to this rule, and they are:

1. Attending an official school activity.
2. If their job keeps them late due to scheduling.
3. Incase of a medical emergency.

There is also the requirement to have the minimum State mandated auto liability insurance; even before the instruction permit can be issued to the student driver.

Recently, the Texas Legislature added some new laws regarding requirements
For drivers under the age of 18 years of age: No use of wireless communications devices such as texting on a smart cell phone, or WiFi enabled devices while operating a motor vehicle.

Continue reading "What Are Teen Or New Drivers Rules In Texas" »

Most drivers know that in the state of Texas that leaving the scene of accident regardless if someone else is involved or not is against Texas state law.

Hit and run accidents involving a pedestrian, or even if the person is in a parked car could be injured and dying. Without immediate aid by contacting 911 an accident could turn in a manslaughter charge, and civilly a wrongful death case.

Simple human decency would dictate that a person not flee the scene of a accident if they were involved, but many panic and try to evade the police from fear of going to prison.

If a pedestrian is hit in the street, and the driver just keeps going, they could spend time in the TDCJ prison system. On the other hand if the driver stops, and tries to help in anyway they can this could lessen or nullify charges completely depending on the severity of the injuries, and the variables surrounding the accident.

Many times persons who flee the scene have no legal responsibility for causing the accident as the accident was the other persons fault.

This also includes stopping and trying to find the owner of a parked car that is hit by another motor vehicle operator, and at least put a note with all contact information under the driver's side windshield wiper.

The State does not take kindly to having their highway equipment damaged by a motorist, and leaving the scene without calling the police, or the Department of Public Safety at least.

Responsibility is the key in this situation, and one must show that they were not intentionally trying to hit a person, auto, or roadside sign. Sure there may get probation, and fines to go along with these occurrences, but the alternative is long jail sentences, and hefty court fines.

Today there are more and more cameras being installed in public areas, just for this reason, and a person never knows if their collision with a human or an object is being recorded.

Having full video evidence of a hit and run accident will surely make it harder on the accused when it goes to criminal court, and doing the right thing while big brother is watching will be the key to leniency.

Contact an attorney immediately after the accident happens and let him or her guide you in what to do next. Houston has a record number of hit and run accidents and many of them fatal.

Continue reading "Texas Hit And Run Accidents Can Cost You More Than Money" »

Many times accidents are chalked up to drunk driving, but after autopsies have been performed, the reports will show about thirty percent of these bodies had large doses of drugs that impaired the driver's judgment. The problem is that there really is no roadside test for the average police department to check for drugs in the driver's system.

Typically, they will arrest them for being suspect of drunken driving, and get a judge to issue a court order for a full work up on a blood sample. This is nothing new, but the public has not become aware of drugged driving yet.

People consuming narcotics like heroin, LSD, and marijuana have no idea what they are doing at times behind the wheel of a four thousand pound car that now becomes an assault weapon with the capability of killing one or as many as a dozen people before crashing to a halt or being forced to stop by the police.

Someone that is hallucinating from drugs while driving is just as deadly as a person consuming a fifth of vodka before getting in their personal vehicle. Sadly, the driver is usually spared in these types of accidents, but the personal loss that is caused by the victim's families cannot be calculated.

Even more deadly are combinations of drugs, and alcohol for vehicle operators, some will die from overdosing while driving, and cause a crash, as there is not a living person behind the steering wheel any longer.

The federal government, and several car makers are working on technology the could possibly render vehicles immobile in the future by sensing the chemicals that are coming out of the pores of their hands, but that is years away from becoming a reality. Making this type of technology, a requirement for each vehicle will have to be fought out in congress, and at state level legislatures too.

People who kill others while under the influence of drugs are just a guilty, as drunk drivers, and are just as liable in civil court for wrongful death, and personal injury lawsuits.

When technology finally catches up the with drug users, the jails will start swelling by double, but for now most of these people are only caught after the damage has been done to them, and their victims.

Prevention through new inventions will hopefully curtail this whole area of criminal activity, and prevent thousands of deaths each year in the future.

Continue reading "Drugged Driving Is Just As Rampant As Drunk Driving" »

One thing I have learned in many years of personal injury law practice is that emergency rooms are for emergencies. They are not for treating non-emergency situations. Many car accident victims are transported to the emergency room, checked out given x-rays and told to follow up with their personal physician or a recommended physician.

The victims mistakenly believe they are fine only to find out down the road that x-rays do not reveal serious disk issues such as a herniation or disc bulge and sometimes requiring surgery.

That is not to say the hospital is in any way at fault only that to be released from an emergency room does not mean you don't need further treatment. Additionally, there is an expectation once x-rays were taken that everything is okay, and that is not always the case. X-rays are great for showing fractures and breaks but not spinal cord injury involving the discs of the spinal cord, which are not reflected on x-rays.

The point of the story is, follow-up on your doctor's advice and if you're emergency room physician tells you to follow-up with a physician do so. And follow your doctor's advice.

Continue reading "Emergency Room Treatment After an Auto Accident" »