Houston Car Accident Lawyer Blog

I adhere to the 'less is more' theory in life. This is especially true in the case of a serious injury accident in which you are the victim of another persons negligence. First, you should expect to hear from the insurance company representing the other party in the accident. When this happens - remember the motto - less is more or what NOT to say to the insurance adjuster. We recommend that you contact a reputable injury attorney before talking to any insurance companies. If you do choose to give a statement, to an insurance company, consider the following:

*Even if there are no immediate signs of injury - it is best not to make that claim. A blanket statement such as 'everyone's ok' or 'nobody was hurt' may come back to haunt you later - particularly if there are delayed onset of injuries. These could manifest themselves physically or emotionally even several weeks after an accident - and sometimes even in an accident that didn't seem to be 'all that bad'. If you have been in an accident it might be wise to see a physician to ensure that you (and any passengers) are fine.

*At no time should you admit to any wrongdoing that could make you complicit in the blame. For instance, don't say something like 'well, if I hadn't looked away I might have seen the car coming'. If the accident was not your fault you do yourself no favors but trying to make the other party feel 'better'.

A savvy insurance adjuster will use these types of statements (and others) to minimize their responsibility to you. So take a deep breath before speaking and remember - less is more, less is more.

Continue reading " Statements after a Car Accident" »

One would hardly expect that a vehicle device designed specifically to save lives could actually be a source of further injury to drivers and passengers. However, unfortunately, this is the case in some instances with the most basic of vehicle safety devices - the seat belt.

For instance, in one accident the seat belt actually ripped - failing to provide the passenger with adequate protection - as well as failing to prevent the individual from being thrown against the front dash and suffering multiple injuries.

Those who design and manufacture seat belts realize that the construction of a seat belt is actually a complicated webbing of material. The seat belt is deliberately crafted of interwoven threads to further strengthen the belt and ensure that it remains intact under stress.

Defective seat belts may be traced to the actual manufacturer but can also be the cause of consequences such as its severance in a vehicle collision due to the protrusion of sharp objects or edges. Most seat belt cases stem from defective designs of the seat belt system.

In addition, there have been multiple cases in which cars equipped with air bags have exploded in a crash and actually burned the individual - instead of offering further protection.

Vehicle collisions and safety devices designed to protect individuals in a car or truck is not quite an exact science - although millions of dollars are poured into the engineering and manufacturing of each.

Defective seat belts can result in product liability on behalf of the manufacturer - and those businesses that profit from the fabrication and sale of faulty products can sometimes be held liable when they fail.

Continue reading "Defective Seat Belt Claims" »

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" »

If you are in the market for a new car and safety ranks as your most important consideration over price or even over gas mileage then the following blog is dedicated to your search.

Even as gas prices soar the temptation to purchase a smaller vehicle in order to stretch an already squealing budget should be given a second or third look. Though there have been advances in vehicle construction and safety, small cars in general are more likely to provide the driver and passengers less overall protection in a catastrophic collision.

No matter how safe your own driving record is - you simply cannot account for the driving behaviors of everyone else on the road and that is usually the cause of most accidents - the other driver.

The fact is that smaller cars weigh less and it is this factor that often leads to more severe injuries in an accident - even if the other vehicle is a car of similar size and weight.

However, when a larger car or truck collides with yours injury results rise markedly. In a survey done by the Insurance Institute for Highway Safety the number of deaths that occur in small car collisions is 33% higher than in a mid-size car accident. Furthermore, the number of deaths in car and truck accidents drops significantly as the size and weight of the vehicle increases.

Finally, I myself am not an advocate of one car company or vehicle design over another. Rather I am an advocate of anything that keeps Americans safe on the roads.

Continue reading "Buying a Small Car for Mileage or Larger One for Safety?" »

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.

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" »

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" »

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?" »

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" »

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

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

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

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

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

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

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

Do not be a victim twice, call the police.

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

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" »

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" »

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" »