Houston Car Accident Lawyer Blog

There have been a number of unusual intoxicated driving cases recently reported in the news. For instance, as reported just last week a man in Florida went to the unusual and unprecedented lengths of actually 'adopting' his current and (comparatively speaking) long-term girlfriend in order to include her as a beneficiary in his estate and - for all intents and purposes - at least at 'face value' - prevent 'attachment' of his assets in a civil suit that has been brought against him for a fatality that occurred when he was alleged to be driving while intoxicated.

This legal maneuver made national headlines and while many legal experts are decrying this as a questionable if not underhanded use of the law - I suspect it will open the door to looking at other unusual approaches to manipulating the legal system to avoid justice (and punitive damages).

In another equally unusual and highly publicized case in recent weeks a man who was pardoned by the governor of a southern state as a final act on the eve of the end of his term - has been found to have been sitting in jail for having killed a young lady and injured her sister in an accident he caused when driving while intoxicated.
Reportedly, this was actually the man's fourth DUI - but first fatality. An entire state - and much of the nation - is up in arms in light of this decision.

Individuals who are maimed or killed by the thoughtless and illegal behavior of drunk drivers often sue for punitive damages in the DWI accident lawsuit.

Continue reading "DWI Accident Cases In the News" »

Drugged driving can occur from the use of legal or illegal substances. In the case of legal drugs a person may ingest over-the-counter medication or prescriptive medicine that has an adverse effect on their ability to control a motor vehicle and lead to an automobile accident.

Over-the-counter drug companies will include a warning on their label and again in the directions informing users of the possibility of any side-effects that may or may not affect driving. For instance, many 24 hour multi-symptom relief medicines warn users that they may experience drowsiness and this could have an effect on a number of normal activities.

People who are prescribed medicine by a physician and obtain the medicine from a pharmacy will likely experience two levels of warnings about adverse effects of the prescription.

First, when the doctor makes a diagnosis and hands the patient a prescription he or she will explain any side-effects that may occur while taking the medicine. Then when the prescription is filled the pharmacist will go over dosage instructions and again explain restrictions that may need to be taken while on the medication. Many Houston car accidents fall in this category.

The 'other' type of drugged driving occurs when an individual attempts to drive after taking an illegal substance. This could be anything from marijuana to meth and coke to heroin. All are banned (except in the case of medical marijuana) and all can negatively impact a person's driving ability.

It is safe to say that if you take a drug of any kind - it is better to err on the side of caution. If you need to get somewhere take a cab or get a ride an always be careful who you ride with.

Almost every day in Houston a drunk driver is involved in a serious car accident in which someone is hurt or killed and often the drunk driver walks away unharmed. Over the years the penalties for drunk are have gotten much more strict and enforcement stepped up yet the numbers keep increasing.

Recently, the city of Houston combined with other officials implemented a policy called no refusal weekend in which they were able to obtain testing from those who refused testing by funding the program. The no refusal weekend was successful and increasing the number of arrests and I'm sure will prove to be successful in a much higher conviction rate. Yet none of this has seemed to dent the problem.

In Australia, the average motorist does not dare drive after drinking for fear of coming into contact with a roadblock or checkpoint which are testing points for any car on that stretch of the highway at the time of the roadblock. In other words if you are drinking and are behind the wheel and come up to a checkpoint-you're in big trouble.

This issue was addressed recently in the Texas Legislature, however the limitations on the bill as presented would have radically reduced the number of areas in which a checkpoint could be established-and some of those areas intentionally omitted are in most need of help.

Drunk driving accidents are everyone's problem and the solution is not a simple matter but an ongoing battle of education, enforcement and change in attitude of the general public. Generally, the civil penalties of a drunk driving accident are likewise significant in a Houston drunk driving accident lawsuit. But the best solution is to avoid the situation and the accompanying liabilities.

Continue reading "Combating Houston DWI Accidents" »

Almost every day, in Houston, someone is seriously hurt or killed due to a drunk driver. The reports go on and on day after day and despite the best efforts of our law enforcement and elected officials the problem shows no sign of abatement.

In the Houston area we have tried no refusal weekends, which I must say was a very successful campaign in terms of the number of arrests made on the street. Even with that successful campaign, there is little evidence to suggest that DWIs are dropping.

Often, as in reports from a recent car accident on I 45 in North Houston, speed is combined with allegations of drinking and driving to result in a very serious accident. Some authorities have estimated as much as 40% of fatal car accidents in the Houston area can be attributed to alcohol.

I would suggest that the key to reducing drunk driving accidents in the Houston area is to combine stepped-up enforcement with a statewide campaign focused on the dangers and consequences of drunk driving. Such campaigns as "friends do not let friends drive drunk" have been very successful. Another campaign I noticed in the neighboring state was 'don't ride drunk' and I am curious to see how effective that can be. A great many times the passenger of a drunk driver is the one that is seriously injured or killed.

Continue reading "The Rise of Houston Area DWI Accidents" »

There are over a dozen little bergs and suburbs in the greater Houston area. Conroe is one of these - and rests about 40 miles north of the heart of Houston itself - and is actually the seat of Montgomery County itself. A recent census shows that there may be over 50,000 people who reside in the area.

Other recent statistics may not be as interesting. One resource states that in Conroe nine fatal car and truck accidents occurred and - of these - eleven people died in the same year as that census. Altogether 16 vehicles were involved and 3 of the accidents were caused by drunk drivers.

Continued research revealed that only the year before that - 11 fatal accidents had been caused by drunk drivers. So in one year there was an approximate 70% drop in drunk driving fatalities but a chart provided by this site chronicled the number of deaths in Conroe at the hands of drunk drivers next to the number of deaths in the state of Texas as a whole for the past twenty years.

It was shocking to find that the number of fatalities per 100,000 is significantly - extremely even - higher than the state figures.

I have included a link to the site for this information. It is alarming at best - and begs for authorities to reexamine their current efforts at curbing intoxicated driving.

Continue reading "Conroe DWI Accidents" »

News reports from KHOU Houston indicate that a HPD officer was recently towards with DWI after a crash with a school bus. Apparently the officer was injured in the crash which occurred earlier in April and he has been relieved of duty with pay.

Fortunately there were no other injuries and the school bus was not carried children at the time of the accident. Initial reports seem to indicate that HPD initially felt like the accident was the bus driver's fault, however that seems to have changed.

The reports go on to indicate that the bus driver felt like the officer had been drinking and apparently there is an allegation of open containers in the vehicle. It is unfortunate that this occurred and although we rely upon officers to protect us they are only human and can make mistakes. I'm not condoning any actions simply pointing out that good people sometimes can make poor choices. Hopefully regardless of the result in the DWI investigation and lesson will have been learned.

Texas has recently considered several actions aimed at combating the rising drunk driving accidents in Texas. Some are aimed at the punishment phase and others are directed at preventing repeat offenses. I urge everyone to support organizations such as mothers against drunk driving and also the Houston 100 club which provides benefits to officers who lose their lives in the pursuit of their duty. Numerous officers have been killed in the Houston area by drunk drivers.

Continue reading "Houston Police Department Officer Charged with DWI After Accident" »

Drinking and driving has deadly consequences - and more often than not it is the innocent and unsuspecting driver who loses his or her life - not the drunk driver.

Take a reported story of fellow just into his early twenties and add ten beers to his blood stream. Put him behind the wheel of his pick-up and hold your breath as he attempts to navigate on the open highway. ONLY he heads off in the wrong direction driving on the wrong side of the highway. WRONG WAY drivers often are the cause of catastrophic accidents and this case was no exception.

The young man's truck slammed into a tanker on a highway and the result was an explosion and fireball that lit up the sky for miles. The truck driver was killed in this horrific collision.

The drunk driver is behind bars having miraculously escaping with HIS life.
The news report quotes the driver who caused the accident as being 'real sorry'. He was further quoted as saying he knew he'd caused 'a real bad accident'.

The tanker driver had spoken to his wife on the phone only moments before the accident that claimed his life. He'd told her he had a couple more deliveries and would then be on his way home.

Even in the retelling of this incident it is difficult to decide whether it is more gut-wrenching or heart-wrenching. The man leaves behind 3 children as well. It is difficult to imagine losing your loved one at all - let alone in a conflagration caused by negligence and ignorance.

A driver who is intoxicated and causes a wrongful death of another can be assured that the world as they know it is about to change drastically.

Don't, don't, don't drink and drive.

Continue reading "DWI- Dont Do It" »

Anyone can access the Texas Department of Transportation to access specific information regarding automobile and truck accidents in our state. Unfortunately, the statistics are grim. Recent reports find that there were nearly 3500 deaths in a recent year across the state.

That works out to be one person killed every two and a half hours and an injury every couple minutes. The accidents themselves run the gamut of one car to multi-vehicle caused by everything from distracted driving, drunk driving accidents and more.

Fortunately ownership of cell phones is nearly universal which ensures that emergency services can be quickly summoned to the site of a wreck - a move that could be life-saving for many.

Too, GPS helps police and first responders arrive in less time because this technology provides the most accurate route to the scene. Finally, the average citizen has access to life saving information simply by querying their mobile phone for appropriate first aid suggestions - a more common and level headed approach to help injured persons than most realize.

So, now we know the statistics on injury accidents in the state and also what might be the expected response. The question of how to avoid an accident is equally as important. If you cant avoid the accident and get injured call a Texas personal injury lawyer as soon as possible. Keep the following advice in mind when you head out on the roads.

Don't tailgate. Don't speed. Don't change lanes without using your signals. Don't drive aggressively. Don't drive inappropriately for the weather conditions. Don't talk on your cell phone or text. Don't drive drowsy. Don't drive drunk. Don't drive distracted.

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" »

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" »

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" »

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" »

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" »

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" »