July 2011 Archives

July 29, 2011

Fatal Truck Accident on Highway 290 in Houston

Another fatal 18-wheeler accident happened last Friday afternoon on Highway 290 in Northwest Houston. According to reports, the victim was stopped on the right shoulder of the highway exchanging insurance information after a fender bender. While retrieving his insurance information the victim was struck by an 18-wheeler and killed. My heart goes out to the family of the deceased victim.

Reports further indicated that the 18-wheeler driver was taken into custody as a result of outstanding warrants. There is no indication that alcohol was a factor in the accident.

Highway 290 has been notorious for fatal truck accidents like this one. Given the congestion on Highway 290 the likelihood of serious or fatal accidents is increased with the heavy traffic.

Plans have been developed for the widening of Highway 290 but as of yet the plants have not been funded. One of the most pressing needs of the Houston area and in the state of Texas is to relieve traffic pressure in northwest Houston by the development of the grand parkway and also taking steps to improve Highway 290.

Truck drivers are supposed to be professional drivers and we expect more out of them as a professional driver then we do every day drivers. One of the duties of a commercial vehicle driver is to keep a proper lookout to ensure they do not end up in situations like this. A proper lookout is even more critical because an 18-wheeler takes much longer to stop than a passenger car or pickup truck.

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July 27, 2011

Another Houston Hit and Run Car Accident

It seems like an everyday occurrence, a hit and run accident in the news. It is so frequent in Houston that most people know someone who has been the victim of a hit-and-run or whose vehicle has been damaged and no one took responsibility.

This week there were several hit-and-run accidents in Houston and one of them happened early Sunday morning in southwest Houston. A blue car ran a red light and slammed into the side of another vehicle injuring two victims who had to be rescued by first responders. The victims of the hit-and-run were taken to a local hospital for treatment.

The story is one that occurs so often that it does not even raise eyebrows anymore.

Many times the hit and run driver is caught and many times they are not. It is been my experience that people believe an accident scene for many different reasons some of the more frequent reasons are as follows: drinking and driving, fear of arrest and younger people who panic.

When an insurance claim is made from an injury in a hit-and-run accident, I have found that frequently the car involved in the accident is reported stolen shortly after the accident. Using this police report the insurance for the vehicle involved in the hit-and-run usually attempts to deny the claim. Often however evidence can be generated that shows the driver of the vehicle and in those situations the liability becomes crystal clear.

Additionally, victims of hit and run accidents that have uninsured or underinsured motorist coverage can remain protected even if the driver of the vehicle is not located.

If you have any questions about a Houston hit and run accident contact the Houston personal injury law firm, the Baumgartner firm at 281-587-1111.

July 22, 2011

The Importance of Maintaining Your Tires

Frequently in my Houston truck accident practice I see situations where a tire has failed and it led to a very serious if not fatal accident. On a commercial vehicle, such as an 18-wheeler tire failure can be extremely serious if it is one of the front tires of the rig. Fortunately, big rigs have dual tires on most of the rear axles, which tend to protect the truck from loss of control when one of the dual tires fails.

All of us have seen remnants of a semi truck tire on the highway at times and maybe even had to take evasive maneuvers to keep from running over the remnants. For the past new car owner tire maintenance is critically important to your family safety.

It is the rear tires of a passenger car or pickup truck that can be most problematic after a blowout or a tire failure. Many experts suggest that you slow down gradually without slamming on the brakes and when you can safely do so to pull off the roadway in a safe location.

Many people lose control after a blowout because they are confronted with an emergency and perhaps over steer or steer to the wrong direction, which can lead to loss of control and potential rollover.

One can purchase very inexpensively a tire pressure gauge to check your tire pressure and you should do so at least once a month to make sure your tires are being operated under the guidelines suggested by the manufacturer. Under inflation can be a particularly dangerous issue and can lead to premature tire failure.

When purchasing tires always look to new tires that have been rated highly and have a professional mount and balance the tires as well as ensure they are the proper size for your vehicle

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July 19, 2011

Why Veto on Texas Texting Bill was Wrong

Not long ago the governor of Texas vetoed legislation that would have banned texting while driving across the state of Texas. The rationale was that government should not micromanage behavior of adults.

I strongly disagree with the veto and here's why. Study after study has shown that texting while driving can be as dangerous as drunk driving. In effect, texting while driving can make out two car lengths of safety cushion. More and more often, personal injury lawyers across the state of Texas are seeing accidents caused by inattention from cell phone use.

Many cities and municipalities across the state of Texas have undertaken the effort to pass legislation banning texting while driving in their jurisdiction. Texas desperately needed a statewide initiative so everyone can know what is acceptable to our community and what is not.

I do feel strongly that the government should not micromanage behavior of adults and that those who adopt that policy should apply it in circumstances that do not involve public safety. All too often, folks that don't want to micromanage one thing want to micromanage another that they want to push.

Like making drunk driving against the law, the government's function is to protect the society by adopting reasonable rules and restraints that society accepts and acknowledges as fair and reasonable. I would suggest that texting while driving fits those criteria.


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