May 2011 Archives

May 30, 2011

Fatal Houston Bus Accident

A bus leaving Houston going to the Valley crashed after an impact with the pickup truck on Highway 77 near Victoria, Texas.

The bus was a Greyhound bus and in addition to the fatality numerous other people were injured in the truck accident. Apparently, according to reports, the pickup truck glanced off the side of the bus and the bus then careened into a telephone pole.

Numerous passengers were treated at local hospitals and initial reports indicate that the pickup driver was ticketed for failure to yield right of way.

The extent of the injuries from the crash are not known at this time but quite a few people were transported to the hospitals to be treated. Photos from the accident scene showed the crash to be significant ripping most of the front of the bus apart.

Greyhound bus in the United States and Canada carry almost 18,000,000 people each year.

Generally, bus travel is considered among the safest available and reduces the number of cars on the road significantly while reducing fuel cost per passenger mile.

Some Greyhound buses are equipped with three-point seatbelts -generally the newer models. It is unknown at this time whether the bus involved in this truck accident had seatbelts available to the passengers.

Continue reading "Fatal Houston Bus Accident" »

May 24, 2011

Texas Wrongful Death Lawsuits

Some of the more common means in which a wrongful death may occur include vehicular accidents, product or premise liability and medical malpractice - and they may either be caused through negligent or deliberate behavior.

A suit including a survival action may seek to recover monies due to the loss of inheritance, loss of services love and care, pain and suffering for the decedent prior to death or potentially even punitive damages (in exceptional cases), and/or the various expenses related to the death - including medical, property and/or funeral costs.

Wrongful death suits must meet certain statutes of limitation in their filing. If the suit is filed past the 'expiration date' required by law then the case will not be able to be prosecuted and will be dismissed.

This is a difficult situation for surviving members of a family to understand. At the time of death and for months thereafter most families are embroiled in grief and unable to function (think or behave) normally - or in a manner that is beneficial to the well being of the family unit in the long run.

This is the reason that legal assistance early on is paramount in the case of a wrongful death lawsuit.

Other stipulations related to a wrongful death lawsuit are also important such as ensuring that the action is filed in the correct jurisdiction and against the correct parties.
There have been instances where this has been handled improperly - which cost the family any chance for remuneration or recovery.

If you have any doubts contact a Houston wrongful death lawyer as soon as possible after a fatal accident.

May 22, 2011

Recent 18 Wheeler Accidents

Semi-truck accidents have been the cause of a number of fatalities around the country in the last week.

In one accident a young woman was killed when a semi-truck driver clipped her compact vehicle as he tried to change lanes. This caused the young woman to lose control of her small car sending it careening into the concrete median and back into traffic where it was then struck by a second semi-truck. The young woman died at the scene.

In a northern state a young woman was struck by a semi-truck when biking to the university campus. At this point there have been no charges filed. According to reports, witnesses state that both the bike and truck were traveling in the same direction when the truck turned right and she drove into it. What is currently in question is who had the right-of-way at the time of the accident.

In another case a semi-truck driver smashed head on into a smaller truck - killing the driver of the pick-up instantly. It was an evening accident and the semi hit the other vehicle with such force that it went airborne for fifty feet before landing on its side.

Finally, a trucker was alleged to be traveling at an excessive speed - when the driver lost control careening into the median and throwing the driver from the rig. He died at the scene.

Semi-truck accidents cause thousands of deaths and tens of thousands of injuries annually. Property and personal damage and insurance pay-outs run into the millions of dollars.

But the real cost cannot be measured in dollars and cents.

Continue reading "Recent 18 Wheeler Accidents" »

May 16, 2011

Truck Driver Accused of Dumping Hazardous Waste in Houston

Recent reports indicate that a local area man was arrested for allegedly dumping huge quantities of hazardous wastes from a tanker truck into the city of Houston storm drains.

Reports further indicate that the man arrested was allegedly employed by a local area company. The investigation over allegations of azygos waste dumping began several months ago after reports that a detention pond had been contaminated. Reportedly the police investigation concluded that thousands of gallons of hazardous waste were being improperly dumped in the Houston area.

It remains to be seen what charges if any are brought against the company that allegedly employed the tanker truck driver. Estimates of damage to the storm drain waters are in excess of half of a million dollars.

Houston Police Department environmental investigations unit and Harris County precinct number one constables were involved in the investigation of the alleged improper dumping.

Continue reading "Truck Driver Accused of Dumping Hazardous Waste in Houston" »

May 12, 2011

Box Boxes and Accidents

Certainly everyone has heard the term 'data recorder' in reference to aircraft. They are electronic devices designed to either record instructions relayed to the electronic systems of the plane. There are also cockpit voice recorders that tape all conversations in the cockpit between crewmembers as well as other conversations and sounds. These recorders are invaluable if the need arises to reconstruct an accident.

More and more, today's automobiles and trucks are also coming equipped with an Event Data Recorder, which is designed to serve a purpose similar to that in a plane. In other words in the case of a vehicle collision the 'black box' can inform the accident reconstructionist of such valuable information as the speed at which the car or semi truck was traveling, whether or not the brakes were applied and the degree at which the accelerator was being pressed down.

In addition, it will indicate if seat belts were in use and if any warning lights were displayed.

The EDR (Event Data Recorder) may be engaged when air bags are deployed in the vehicle (but not always) and they provide the accident reconstructionist with over half a dozen pages of relevant information related to the crash. This data is retrieved by trained professionals and used in conjunction with other crash information to provide a complete picture of the car or truck accident.

While these data recorders will not prevent a wreck - the information it provides can be referenced for the future development of safety features that may prove valuable in years to come. Additionally, the data can be used in a lawsuit to determine speed, braking and other factors a jury may consider in finding fault for causing an accident.

Continue reading "Box Boxes and Accidents" »

May 10, 2011

Wrongful Death Cases

The phrase 'it was an accident' may be more common in the case of wrongful death lawsuits than anywhere else. A young man was cleaning a gun and did not realize there was still a bullet in the chamber - the gun went off and killed a visitor to his home (a close friend). A young mother fails to stop before hitting a cyclist out for a leisurely ride and well within the lines of the designated bike lane. An elderly man tripped over a yard tool when stopping by a neighbor's house for a friendly visit. He suffered a head injury but failed to seek proper medical attention and died soon after from internal bleeding.
In each of the previously cited cases - the deaths were accidental.

There was no indication that the defendants behaved with malice. However, there was ample evidence of negligence and no heartfelt apology or profuse declaration of lack of intent can undo a death.

Wrongful death lawsuits usually begin with the determination of causation by the wrongful death lawyers handling the case- but it may not require a demonstration of 100% fault on the accused for a case to get filed. Sometimes it is only necessary to prove that there was potential negligence that was a cause of the death for a case to proceed and blame assignation to be made by a judge or jury.

This is then followed with the consideration of compensation - an entirely separate issue with its own requirements. Each state has its own unique laws dealing with wrongful death and it is always best to consult a wrongful death lawyer in the state where the accident occurred as soon as possible after the accident.

Due caution in all matters is often the best preventive measure to avoid the inconsequential phrase - 'it was an accident'.

Continue reading "Wrongful Death Cases" »

May 7, 2011

Mexican Trucks and NAFTA

With the passage of NAFTA (North American Free Trade Agreement) has come an unanticipated series of complications and problems related to the trucking industry - particularly concerning Mexican truck drivers on U.S. roadways.

According to one federal report - in a recent year more than 5 million trucks crossed the Mexican border into the United States. All indications are that this number is expected to grow exponentially in the next decade. The original NAFTA agreement called for trucks from Mexico to have the right to travel only into bordering states - and this authority was to be reciprocated to U.S. drivers in the coming years - an event that was postponed on several occasions.

Meanwhile - concerned citizens banded together to lobby Washington D.C. - demanding they reconsider the permission to access American roads by Mexican drivers for numerous safety reasons.

First, they point to the fact that average age of a Mexican semi or other commercial vehicle is often a decade older than their American counterparts. In addition, they are much more poorly maintained - and the trucking regulations in Mexico are much more lax than here in the states (and even our expectations are low).

Litigation tied up the courts for years - until a limited pilot program was put into place only several years ago. At this point the jury is still out on the effectiveness and value of allowing Mexican drivers to work within our borders.

This issue is of paramount importance to the citizens of Texas as we are the front line for Mexican drivers in the U.S.

Preventing even one Texas truck accident can save lives.

Continue reading "Mexican Trucks and NAFTA" »

May 4, 2011

Why Texas Loser Pay Law is Really a Family Pay Law

An insurance defense lawyer backed by special interest lobbyists from the insurance industry have submitted a bill known as the loser pay law. The name in itself is misleading and fraudulent in that the loser does not pay attorneys fees -only Texas families will pay attorneys fees under the bill.

In truth, it is not a loser pay law- it is a only one party pays-Texas families. Specifically what the bill is designed to do is to make Texas families who are forced to file a lawsuit defended by an insurance company to pay the insurance company's lawyers if they don't cover enough money.

When an insurance company fraudulently denies a legitimate claim and a family wins the lawsuit-the insurance company who lost the case and have mounted a frivolous defense does not have to pay the legal fees of the Texas family.

It is NOT A LOSER PAY LAW! INSURANCE COMPANIES DONT HAVE TO PAY-ONLY FAMILIES ARE ASKED TO PAY THE INSURERS LAWYERS!!

However, when a Texas family brings a claim if they win the case but don't recover enough money under this bill they will be required to pay the legal fees of the insurance company. This unfair pro-insurance -anti-family law is a travesty and should cause outrage by Texas families.

Texas is faced with a frivolous lawsuit problem right now and that is that insurance companies are forcing litigation on Texas families by denying legitimate claims and then using in-house or employee lawyers to fight the case.

In other words insurance companies are making it so expensive for a family to process a claim because they have to go to court for any type of fairness. Given the family pay law that is proposed by the insurance lobby- insurance companies abusive claims practices in Texas will be multiplied by 10.

Texas does not regulate its insurance industry claim practices and that has led to numerous abuses by insurance carriers at the expense of Texas families.

This new bill will make that situation much worse and anytime you put an insurance company's interest above a Texas family-something stinks.

Call your representative and tell them to vote no on the Texas family pay law!
Similar posts: Texas family pay law
http://www.texastriallawyers.com/blog/texas-insurance-companies-press-"family-pay-law"

May 3, 2011

How to Select a Texas Personal Injury Lawyer

Traffic accidents happen every day in Texas and sometimes the consequences are pretty severe. From passenger cars to pick up trucks and 18-wheelers each can be deadly and also difficult for a victim to handle on their own.

Most people are not exposed to the litigation process until they are seriously injured in an accident due to the fault of another. If you find yourself in a situation where a lawsuit is required is best to have a skilled advocate on your side. There are literally hundreds if not thousands of lawyers in Texas who handles personal injury cases.

The question is how to best select a Texas personal injury lawyer? What do you look for and how you choose? The Internet has literally hundreds of websites of personal injury lawyers all advertising for your business. These tips may help the search process the more fruitful for you.

If you're searching the Internet choose words that are very selective for what you're looking and also in the area where the accident occurred. So if you are in a truck accident in Houston, Texas you might Google "Houston in truck accident lawyer" or "personal injury attorney in Houston".

Once you have narrowed down the selection to those specific lawyers who are serving the area where lawsuit may be filed the next step is to find the best lawyer you can.

Here are some guidelines or suggestions for selecting a lawyer:
• Choose a lawyer who has experience with the type of case you have.
• Choose a lawyer who has a track record of success and who is well thought of by his or her peers.
• Choose a lawyer who you get along with and who is willing to take the time to listen to your concerns.

Do not settle for second best on a serious injury case. An experienced and successful attorney can make quite a difference in a personal injury case.