Houston Car Accident Lawyer Blog

At least 2 people were killed in a commercial truck accident in Walker County, Texas today. The fatal truck accident occurred on Interstate 45 in the south direction around Huntsville late this afternoon.

The Texas Department of Public safety is investigating the truck accident and can be expected to conduct a full accident reconstruction of the fatal wreck. Accident reconstruction includes surveying the accident site and locating important landmarks such as skidmarks, debris, resting positions of the vehicles and determining through objective evidence and eyewitness accounts the point of impact, the speed of the vehicles and why the accident occurred.

The Texas Department of Public safety routinely conducts the formal accident reconstruction when there is a fatality involving more than one vehicle. Often, defense or insurance interests as well as the victim's families also retained expert witnesses to reenact the accident to determine causation. It is important that families who have lost a loved one contact a knowledgeable truck accident attorney as soon as possible after an accident.

There are many computer aided programs that are used by expert witnesses and also by the DPS to assist them in their reconstruction of the crash. Additionally, today the surveys are done by virtue of a laser that shortens the time necessary to survey the accident scene and also is much more accurate than hand measurements.

There's not much known about this fatal crash at this time. We do know that there are roughly 5000 fatal truck accidents each year and a significant percentage of them are in Texas. One study indicated that 8.9% of the fatal traffic accidents in the nation happened in Texas between 1996 and the year 2000.

One reason for the large number of fatal truck accidents in Texas is the number of miles of highway across Texas. Not only is Interstate 45 a heavily traveled roadway for trucks but also Interstate 10 I-35, I-20 and other highways are heavily traveled by 18 wheelers.

About one half of all tractor-trailer fatal crashes happen on non-divided two-lane highways. The non-divided two-way highway is probably the most dangerous for the public in general. Most of the divided highway accidents either involve rear end crashes, loss of control or jackknife situations.

Continue reading "Semi Truck Accident Kills 2 North of Houston" »

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" »

As if our roadways aren't dangerous enough with cars and trucks making unexpected moves that endanger drivers - imagine driving down one of the busiest highways in the Houston area and a guy appears in front of you running full-tilt on the roadway with a cop in close pursuit. It is a recipe for disaster not unlike high speed police chases that also put innocent lives in jeopardy.

According to reports the pursuit began when police attempted to pull a vehicle over and the passengers began tossing what appeared to be narcotics out the window. That was it - the chase was on and it went through some of the most heavily traversed areas in the city.

Before the incident ended the suspect jumped from behind the wheel of his moving vehicle - let it continue on the roadway without a driver - and ran off into traffic on the Loop. He was apprehended by the police - but not before some harrowing close calls occurred.

Now, far be it from me to second guess the police but let us say - for instance - that the event had resulted in a catastrophic accident (not unlikely in the least) that caused grave injury or death to a loved one. Would the pursuit have been worth it? Certainly I am against crime and drugs - but I am FOR common sense decision making that does not further (needlessly?) endanger the public.

I always look at it from the point of view of - what if it were your child?

PROTECT and serve, fellas, PROTECT and serve.

Continue reading "Houston Police Chase" »

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" »

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" »

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.

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" »

Although motorcycle enthusiasts will not want to read this - there is overwhelming proof that this pursuit is one of the most deadly pastimes on the road and your station in life does not guarantee you a pass in the fatality department.

Just several days ago on a middle of the night ride a motorcyclist and his passenger were hit by a truck. The driver of the bike was killed instantly and his wife died en route to the hospital. Neither cyclist was wearing a helmet (although even helmets don't guarantee against permanent and debilitating injuries in the case of a motorcycle accident). The two persons in the truck were listed in stable condition - probably hospitalized more for the emotional and psychological trauma of the situation than any physical injury.

On the same night in a different town a former Astros player was also killed in a motorcycle - just punctuating the fact that no one is immune to finding themselves on the receiving end of a deadly motorcycle crash.

In a recent year approximately four thousand people died in motorcycle accidents and another fifty thousand sustained varying degrees of injuries. Moreover, one site states that nearly three fourths of those riding motorcycles that are in an accident will die as a result of their injuries.

The reason for this can be traced back to lax helmet laws and inexperienced drivers. Remember, any safety cautions you practice in driving an automobile or truck are equally as important when driving a motorcycle. Adhere to all traffic laws and don't speed, tailgate, drink and drive or otherwise handle your 'chopper' with a disregard for life and limb.

Too quickly a great evening out can turn into an evening of no return.

Continue reading "Houston Motorcycle Accidents" »

As we all know in Houston, rain can come in buckets and at any time. For most Houstonians driving on wet streets is uneventful and the safety tips can help keep it that way.

The national safety Council issues the following recommendation for driving in the rain:

Drive carefully and drive slowly, particularly when approaching a turn.

In the event of the skid, lightly pump the brakes-avoid slamming on the brakes.

Proper tire inflation is very important-check your tire pressure.

Make sure your tires have adequate tread and replace worn tires promptly.

Try and drive on the high side of the roadway and avoid driving in puddles.

Continue reading "Driving on Wet Roads" »

As the holidays approach, the incidence of Houston is drunk driving accidents and DWI arrests increases significantly.

Maybe it is the Christmas parties that many companies or offices have each year. Maybe it is the spirit of the holidays, but many associate the holiday season with parties. The Houston area has led the nation in fatal drunk driving accidents and recently has taken steps to combat the statistics.

Through a grant, Houston now has "no refusal" weekends where suspected drunken drivers can be compelled to give blood if they refuse a breathalyzer test. Such program started about six weeks ago and will continue into next year.

Drinking and driving is one of the most deadly activities in which one can engage - a fact that I share often with friends- along with a litany of statistics to support this claim. Somewhere in the vicinity of 14 - 18,000 people are slaughtered (for lack of a better word) in DWI accidents.
One thing that all of us can do at Christmas parties is to make sure that someone who is drinking does not drive home. Give a friend a ride, call a cab, take their keys but don't let a friend drive home drunk.

Continue reading "Hollidays and Drunk Driving Accidents" »

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" »

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.

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" »

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" »

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" »