Houston Car Accident Lawyer Blog

If you've been in a car accident here are a few apps that may be helpful to you.

Camera Phones
camera phones can be a very important help to you in documenting the location of the vehicles, the condition of the accident scene and also injuries, witnesses and property damage. Today, most cell phones come with a built in camera that is more than sufficient to aid an accident victim in documenting the accident.

Witness Statements and Notes
free apps such as Dragon Dictate can be very helpful to record with the statements, to take notes of names and phone numbers without the necessity of typing and doing a short memo of important information at the accident scene.

What To Do Apps
AAA has a handy app that outlines steps to do after you have been involved in a car accident. The app is free and is very helpful. Some Houston personal injury attorneys also have their own to do apps for accidents.

Note Apps
Can be handy for keep a log of doctor visits and recovery information. The are many good ones including Pensulate.

Continue reading "Handy Apps At A Car Wreck" »

There are a wide variety of trailers that can be attached to cars or trucks for a number of purposes. The more common types are trailers for hauling items such as boats or bikes, horse trailers, trailers for the purpose of moving households from one location to another and trailers for other work such as construction or carnival employment. Many Houston car accidents are caused by trailers.

Trailers are attached to a 'hitch' and these come in various sizes and styles to meet the myriad towing needs of the American public. Some of the more common types include (but are not limited to) standard, ball and front mount. The standard hitch is usually attached to the frame of a vehicle and is used for towing. The ball type of hitch is spherical and most likely found in situations that require bumper pulling. The front mount is attached directly to a truck's framework.

Trailers that have not been attached properly cause hundreds of auto accidents and injuries each year including many wrongful death cases.. Often, these problems arise because the driver has failed to follow the proper safety precautions when attaching and securing the trailer.

For instance, problems may arise if the trailer has not been 'leveled' or the locking mechanism is not secure. Too, if a trailer's tires are in poor condition then the loss of one could cause the trailer to fishtail and disconnect or otherwise lead to an unexpected tragedy.

Finally, if a driver has not properly secured the load he is carrying or speeds and brakes mindlessly he or she is placing themselves in danger as well as the other drivers and passengers on the road.

There are many factors that come to mind when looking for a Houston car accident lawyer and one of the main things is to make sure you are comfortable with the attorney you choose. Make sure he or she is answering your questions and addressing any concerns you may have such that you have confidence in their ability to handle your car accident claim.

Many people have not been required to hire a lawyer in the past but find themselves injured in a car accident and requiring a lawyer to deal with the insurance company and legal issues.

It is a good idea to conduct research on the attorneys you are considering and look to personal references as well as the lawyer's reputation in the community. There are many organizations that rank attorneys and some of them are quite good, particularly those that use peer review ratings by other lawyers.

Selecting a Houston car accident lawyer can sometimes involve interviewing several different lawyers to find the firm you are most comfortable with. A car accident victim should be concerned about the recovery process and not have to worry about an automobile insurance claim.

Finally, it is usually a good idea to look for those attorneys who specialize or whose practice is limited to one particular area such as personal injury when making your final selection.

In a terrible and tragic accident in Houston Monday an unlicensed driver apparently took his parents car and struck some children getting off the bus, according to reports.

At least one of the children it is reported with a broken bone and the other reportedly has nonlife threatening injuries. Most likely, there will be no insurance coverage for the injury sustained the children because the use of the vehicle was reportedly not permissive.

This is an example of why we all need to teach our children about driving and safe driving as soon as possible. I know from first-hand experience that as a teenager my parents could not tell me much. At the same time all children are like sponges and are picking up things each and every day. Often, it is not what we say that matters most to teenagers but what we do.

None of us can anticipate everything our children may do and we can only do the best we can to help protect them and help them make their way in the world. A good way to give them a good start is to preach safe driving from the time that proceeds when they get their license.

Buckle up my example, stop at stop signs completely, and talk to them about evasive actions and appropriate responses as they come up.

It will pay dividends in the end.

Continue reading "15-Year-Old Driver Runs into Two Children" »

What happens when we choose to ignore or otherwise overlook a situation in which another person's life is in danger. Any regular consumer of local and national news has seen incident after incident in which a victim falls prey to criminal behavior while those around him or her ignore it.

There was the recent video of an elderly man who was beaten and robbed in broad daylight and lay between two cars for some time without an offer of help by those who stepped over him or looked away during the perpetration of the crime. A similar incident can be seen in a subway station. Either those who see the incident choose to look away and scurry off or simply do not offer the least bit of assistance even in the form of a phone call to 911.

As these types of crimes have impinged on the American consciousness - if injury or catastrophic death has occurred then the victim's families are beginning to wonder what happened to the ideals that made of country great. Helping those who need it! It seems our consciousness has been hardened in the last decade and it is painful to witness.

To bolster the empathetic bystander into action many legislators are either considering or have passed 'Good Samaritan Laws' requiring action if you witness a crime - to the extent that you do not endanger yourself.

If we cannot be counted on to do the 'right' thing as a matter of principle - it seems some are poised to impose appropriate decision-making.

Continue reading "Should We Legislate a Duty to Help?" »

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" »

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" »

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" »

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" »

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" »

If you have been involved in an automobile or 18-wheeler accident in Texas then you may have a number of questions you need answered relating to responsibility and compensation.

If I and/or my family were victims in an automobile accident then will I be required to use my own insurance to pay for medical and/or property damage expenses?

Hopefully not, if the other driver has insurance is ticketed by the police for that would demonstrate he or she may have been negligent in causing the accident then his or her insurance company should be responsible cover the reasonable cost of medical expenses and car repairs.

Sometimes however, in Texas, insurance companies are now extremely aggressive and often deny legitimate claims and force litigation in part because of the rights stripped from Texas families with "tort reform".

In other situations some large well known insurers take such outrageous positions that an innocent victim can not settle his or her own clear liability claim and they are made to either accept an outrageous lowball insurance company settlement offer or hire a personal injury lawyer.

The real adverse consequences to Texas tort reform has been that insurers now routinely force families to file lawsuits on clear liability claims, which is an injustice to the victims and also to the negligent person who now gets sued because his or her insurer required a lawsuit to be fair on the claim. Some insurers use "employee" attorneys to keep their costs down and profits high and many take steps to make sure that the litigation is a costly to bring as possible to the injured victim. Often hiring bogus medical professionals to run up the lawsuit cost to the innocent victim.

There are now a number of frivolous claims in lawsuits in Texas and the vast majority of them are frivolous defenses by the insurance companies in litigation only because of their unfair and bad faith claims handling practices that forced into court a matter that should have been settled.

Other states have taken some of the well know insurers (who reap huge profits in Texas) to court and have not only reduced the outrageous premiums sought but required changes in their claims handling practices- to protect their states families.

Unfortunately, for Texas families, in Texas it does not appear that anyone is trying anything to protect our families from the insurance company abuses we now see in Texas every day.

Spinal cord injury can be devastating to the victims of an automobile or semi truck accident -partly because the spinal cord is involved in almost every movement we make and the main conductor of our nerve system. The recovery from a spinal cord injury can vary greatly depending on the severity of the injury.

Statistics indicate that, approximately 44% of spinal cord injuries in the United States are from motor vehicle accidents. In children the numbers go up. Recent information indicates that nearly 70% of spinal cord injuries in children up to age 19 can be credited to car wrecks. The highest risk percentage of this population is young boys.

In a car or 18 wheeler accident there are a number of things that can occur within the vehicle itself, which can cause spinal cord injury - principally in the case of a rollover.

These situations consist of such things as the roof collapsing in on the driver and/or passenger (known to personal injury lawyers as "roof crush"), the seat back collapsing in on passengers, and even the failure of a seat belt to properly hold the passenger in place.

When the vehicles design itself is a part of the cause of a serious spinal cord injury personal injury attorneys will investigate the potential for a product design defect case against the maker of the vehicle.

Paraplegia and quadriplegia are the terms for paralysis. Both are devastating and include a loss of motor function, both will require and extensive and ongoing rehabilitation and expensive medical care. Often the cost of treating a spinal cord injury can run into the hundreds of thousands of dollars.

Spine injuries can also include bulging or herniated discs, which are often referred to as "ruptured discs", or a "blown disc".

Bulging discs can sometimes happen when one of the spinal cord bones shifts out of its normal position by a sudden impact like a car accident. Symptoms of a disc injury vary and include such things as chronic back or neck pain and also tingling or radiating pain in the arms or legs.

A herniated disc is more serious medical condition than a bulging disc and may require surgery costing in the high five figures.

If you have been involved in an automobile or semi truck accident then you (no doubt) have a number of questions you need answered relating to accountability and compensation. Here are some common questions in see in my Texas personal injury practice.

If I and/or my family were victims in an automobile accident then will I be required to use my own insurance to pay for property damage expenses?

Not usually, if the other driver is cited for any number of reasons that would demonstrate he or she was negligent in causing the car accident then his or her insurance company may choose to pay for the car repairs, and rental car while yours is getting fixed.

If the accident is minor and everyone agrees that they suffered no injuries (beyond a little shaking up) then should we seek medical attention?

After an accident I always recommend that everyone involved seek medical attention if they have any reason to believe they were injured. The reason for this is that often enough there are symptoms to physical problems that will develop hours, days and sometimes weeks after the initial accident related to the collision that may not manifest initially.

If so, then this will need to be declared in order for the negligent party's insurance company to pay the costs for medical treatment of the malady. The other persons insurance company will use any excuse it can to try to deny or reduce your claim.

In a Houston car accident some months ago a woman was in a fender bender with another car, they exchanged information and she sought no medical treatment until a day later she had a terrible headache, she went to the hospital and never left it- dying some 10 days later! If you have any reason to feel you may have been hurt- be safe get it checked.

Will the insurance company for the other driver pay for my medical expenses up front?
No- the insurance company for the other driver will not normally pay up front for your reasonable medical expenses- they may as part of a settlement reimburse you for medical bills you have paid or incurred.

Whether I am the negligent party or the injured party - is it necessary to retain the services of an attorney?

There is any number of reasons to seek legal counsel after an automobile or truck accident. Often legal issues may arise that the insurance company wants to record in a taped statement- it is best to speak with a Texas personal injury lawyer before giving a statement about a Texas car accident.

Valuable tips for teenagers as they take to the roads.

Parents - you cannot remind your teenagers often enough about certain dos and don'ts of driving.
Other than harping on them - the best you can do is hold your breath when they get in the car and hope you've hammered home safe driving suggestions that will ensure your child returns to you in good condition. Here are a few suggestions:

1. Don't be a risk taker --Car crashes are the leading cause of injury and death for people ages 15 to 20.

2. Don't forget to buckle up--About two-thirds of teens killed in vehicle crashes were not wearing safety belts.

3. Do NOT speed (this point cannot be repeated enough) --One-third of teen fatalities involve speeding.

4. Don't be a rowdy rider-- Adding one teen passenger to a vehicle increases a 16- or 17-year-old driver's crash risk by about 50 percent.

5. Forget the cell phone --Talking on a cell phone while driving or texting can double or triple reaction time.

6. Don't fiddle with your music machines --Research shows that adjusting the radio is the most common distraction for drivers between the ages of 16 and 20.

7. Cut out late-night cruising --Teen crash rates at night (9 p.m. to 6 a.m.) are twice as high as daytime rates. Obey parental curfews.

8. DON"T DRINK AND DRIVE --Of 16- to 17-year-old drivers killed in crashes, one in six would have been considered legally intoxicated by adult standards.

9. Don't give in to peer pressure -- Make good choices and don't be afraid to "speak up."

10. Try not to be overly confident -- Inexperience and overconfidence can lead to crashes when new drivers encounter unfamiliar or unexpected situations.

Continue reading "Teen Driving Tips" »

Every state in the country has adopted its own vehicle insurance statutes. Those who have a vehicle licensed in Texas must carry liability insurance at all times. According to the Texas Department of Insurance:

Liability will pay for necessary medical and repair expenses for the other party following an accident for which the insured is responsible. The state has mandated a minimum level of coverage that is considered acceptable.

Liability minimums in TX are:

*Twenty five thousand dollars for medical expenses incurred by a single individual (driver who is alone in the car at the time of the accident)

*Fifty thousand dollars for the combined medical expenses of all of the occupants of the vehicle when it was struck.

*Twenty five thousand dollars for any necessary property repairs, including those for the victim's vehicle.

Statistics show that the number of underinsured and uninsured drivers on state and national roads is alarming and the consequences of these circumstances are far reaching.

In a pilot program two years ago state troopers began an insurance verification program. In a test run of a single county over 25% of drivers were found to be uninsured. The troopers stated further that in some counties they expect that over half the drivers are uninsured. That is an astounding conjecture but not altogether unbelievable in these challenging economic times.

For many it has come down to the choice between auto insurance and their family's more immediate needs. Unfortunately, it's a frightening risk to take.

Continue reading "Minimum Liability Insurance Coverage In Texas" »