Houston Personal Injury Attorneys – Smith & Hassler

Additional information has come to light in reference to the multi-vehicle accident and vehicle fire on US Highway 59 near Grand Parkway in Sugar Land that happened yesterday at approximately 5:30pm. One woman was killed in the collision and an 18-wheeler tanker truck was one of the vehicles involved. Recent media reports indicate that a total of seven vehicles (including the big rig) were caught up in the initial accident, and then a second accident occurred as drivers attempted to avoid colliding with the first wreck. The tragedy unfolded during Houston’s notoriously busy rush hour when commuter traffic is at its peak.

According to Sugar Land police, the driver of the 18-wheeler was unable to control the speed of his tanker truck and smashed into the rear of a Lincoln driven by 66-year old Doris Walters of Pasadena, Texas. Ms. Walters’ Lincoln then caught fire and the fire spread to the big rig and also a pickup truck. Ms. Walters was killed in the accident and another motorist sustained injuries and was transported to the hospital. So far no citations have been issued for the accident and the police investigation is ongoing.

Channel 13 Eyewitness News’ report can be read here.
Channel 2 News’ story is here and includes video.
The Houston Chronicle’s story is here.
KHOU’s story is available here, and includes video and pictures.

Local media outlets are reporting a dramatic crash on Highway 59 in Houston near the Grand Parkway involving a big rig tanker truck and a vehicle fire that has left one motorist dead. The accident happened during rush hour at around 5:30pm in the southbound lanes of Highway 59. Apparently a total of five vehicles were involved and the motorist who was killed was in a pickup truck. A photograph on Channel 2’s web page appears to show a Toyota pickup truck partially engulfed in flames next to the tanker truck. Channel 13’s story is here. Click2Houston.com’s story is here. No report indicated the cause of the wreck, and the Fort Bend County Sheriff’s Department and Sugar Land Police Department is currently investigating. You can be sure that the insurance company who insures the tanker truck is already investigating the accident also. KHOU’s coverage of the accident is here. What was probably a regular commute home has turned to tragedy for the family of the motorist who died. Fox News Houston’s coverage is available here. The Houston Chronicle’s coverage is here and states that the person who died was in a sedan (not a pickup truck) and that the fire was caused when diesel fuel leaked from the fuel tank of the big rig.

One motorist perished in this fiery crash on Highway 59 near Grand Parkway on July 19, 2011

Smith & Hassler’s personal injury attorneys have represented hundreds of Texans injured in 18-wheeler accidents and have significant experience with the special issues in accidents involving commercial vehicles, including investigating trucking companies to ensure their truck and drivers are in compliance with state and federal regulations. If you or a family member have been seriously injured in an accident with an 18-wheeler, call 713 739 1250 or 1-800-WIN-WIN1 for a free consultation, or contact us online via our web site.

An East Texas woman vacationing in Galveston made an unexpected stop at the Americas Best Value Inn and Suites in Galveston when she accidentally pressed the gas pedal instead of the brake and crashed through the wall of the hotel, injuring two guests. 63-year old Brenda Harvey of Lufkin was the driver of the SUV involved in the crash, which happened Monday July 18, 2011 in the afternoon. The vehicle went through one room of the hotel and then broke through the wall of another room, briefly trapping a hotel guest. One of the injured guests suffered a head injury.

If you, a friend or a family member have been injured in a car accident, Smith & Hassler’s experienced personal injury attorneys are available to give you a free consultation either in-person or by phone.  Sometimes people injured in car accident wait before consulting an attorney. They have good intentions: not wanting to seem “sue happy,” waiting to see if their injuries will get better or because an insurance adjuster is discouraging them from seeking legal advice (that happens).  It is better to know your rights early in the process and have an experienced Houston personal injury attorney explain the steps involved in car accident injury claim and what you can do NOW to increase the chances of a good outcome.

SUV crashed through the wall of the Americas Best Value Inn and Suites in Galveston on July 18, 2011

You go to your local grocery store just as you have tens, maybe even hundreds of times before.  You collect a grocery cart and you’re walking through the entrance when your feet slip out from under you and the next thing you know you’re looking straight up at the ceiling tiles.  You feel a dull pain in your low back and you think you hit your head when you fell.  Another shopper helps you up and you see that you slipped in a puddle of clear liquid about the size of a dinner plate.  You fell and were hurt on the grocery store’s property so they have to cover your medical bills, right?  Not necessarily.

Slip and fall claims are among the trickier personal injury claims Smith & Hassler handles for clients.  It is NOT the law in Texas that merely because you fall on somebody’s property and were injured the property owner is automatically responsible for your medical bills.  You must be able to present evidence that the property owner’s negligence was what caused your fall.

Texas law requires that you prove that you were injured by an “unreasonably dangerous condition.”  Typically liquid spilled on a polished surface presents a slip hazard and would qualify as an unreasonably dangerous condition.  You must also have evidence that the property owner both failed to warn you of the dangerous condition (e.g. by putting out a sign) AND failed to try and make the condition safe (e.g. by mopping up a spill).

Slip and fall injury claims come down to what the property owner knew or reasonably could have known BEFORE you fell.  You will need evidence that the property owner either: (a) knew about the dangerous condition before you fell but didn’t take care of it; or (b) the property owner actually created the dangerous condition themselves; or (c) even if the property owner didn’t actually know about the dangerous condition, it had existed for long that through a reasonable inspection the property owner should have found it and taken care of it.

Smith & Hassler has handled hundreds of slip and fall claims for people injured on properties in the Houston area.  You can call us today and speak to an attorney about your specific case.  Premises liability can be tricky, so sound legal advice can be invaluable.

Smith & Hassler previously reported on the tragic accident in North Houston on Friday July 15 involving a Houston Yellow Cab taxi colliding with the rear of a stopped 18-wheeler. The driver of the Yellow Cab has since been charged with criminally negligent homicide in connection with the deaths of his two passengers, Sandra Smart (aged 56) and Dorothy Britton (aged 84). The driver of the taxi cab, 56-year old David Houston, reportedly suffered minor injuries in the collision, which happened around 5:00pm on the Eastex Freeway near Laura Koppe road.

Reportedly Houston was driving the Yellow Cab minivan way too fast for the road conditions immediately before the collision occurred, and was weaving in and out of traffic according to witnesses. METRO police department is assisting with the investigation of the deadly wreck, as both Sandra Smart and Dorothy Britton were METROLift patrons and were being transported home after receiving dialysis services as part of a contract between Yellow Cab and METROLift to provide such services. Houston posted $100,000 bail and was out of jail as of Saturday.

Although Yellow Cab owned the vehicle Houston was driving, they will likely take the position that Houston himself was an independent contractor of Yellow Cab and not an employee. Yellow Cab’s career page states it is seeking drivers with a “great driving record.” METROLift’s web site states that: “It is important to us that patrons know METROLift is a shared-ride public transit service, not a taxicab service.”

Our sincere sympathies to the friends and families of Sandra Smart and Dorothy Britton on their loss.

U.S Health officials in the Food and Drug Administration (FDA) are warning that a product commonly used in surgery to address pelvic collapse and other women’s health problems causes a lot more complications than was previously thought and is likely exposing patients to unnecessary risks. The FDA last week issued a statement that women who have had surgical mesh implanted to support their reproductive organs are at greater risk of pain, bleeding and infection that women who have traditional surgical procedures with stitches.

Problems with vaginal mesh have been associated with products made by a number of different manufacturers, including C.R. Bard, American Medical Systems (AMS), Boston Scientific, Johnson & Johnson and others. Dr. William Maisel, the FDA‘s chief scientist and deputy director of the center for devices said that “The added benefit of using the mesh is not evident but there certainly appears to be an added risk.”

Pelvic prolapse and urinary incontinence surgery are common procedures in the United States.  More than half a million women undergo surgery for these problems each year though not all procedures involve mesh. About 75,000 had prolapse surgery with mesh inserted through the vagina in 2010 and more than 200,000 women had the procedure for incontinence. There is a less common version of the procedure where the surgeon inserts the mesh through the abdomen, and the FDA reports fewer complications are associated with that method.

Between 2008 and 2010 the FDA received more than 1,500 reports of complications from women undergoing vaginal prolapse surgery with mesh, up 500 percent from the prior 3 years, and there were fewer complications among patients getting surgery for urinary incontinence. The warning the FDA issued on Wednesday July 13th applies only to mesh used for the prolapse procedure. Doctors who perform the procedures say the incontinence surgery uses less mesh, possibly resulting in fewer complications.

The FDA conceded that a 200 public notice it issued describing problems with the mesh as “rare” was a mistake: after reviewing the literature over the last 15-years, the FDA now estimates the most common problems occur in 10 percent of women within a year of surgery, and these patients often undergo multiple surgeries to remove the mesh.

Even though there is a high rate of injury the FDA‘s top device scientists says the government will NOT withdraw the product because certain patients may still benefit. Patients who have suffered through mesh-related complications however say the device should be banned in all but the most dire cases, such as Lina Keeton of Miami, Florida who has undergone 17 surgeries to remove mesh implanted in 2001. Her group Truth In Medicine has been lobbying the FDA on the risks associated with mesh.

The FDA will hold a two-day meeting in September to discuss studies that would identify which patients would benefit most from mesh implants. Studies of that type usually take years and millions of dollars. For now Dr. Maisel said surgeons should first consider traditional prolapse surgery in which the pelvic floor is re-positioned and tightened using stitches. Even though the procedure is safe it has a 20-45% failure rate, which is what lead doctors to first begin using the surgical mesh.

Medical device manufacturer and marketer C.R. Bard introduced its Avaulta Anterior and Posterior BioSynthetic Support System in 2007: a number of lawsuits have been filed by women who experienced complications with the system. The lawsuits allege CR Bard negligently designed the product and failed to warn patients of possible complications that can result in serious complications and physical pain.

The Food and Drug Administration’s Alert Notice can be read here. You can click here to download the 15-page FDA document titled “Urogynelogic Surgical Mesh: Update on the Safety and Effectiveness of Transvaginal Placement for Pelvic Organ Prolapse.”

If you have experienced serious complications due to placement of surgical mesh during surgery for pelvic prolapse, contact Smith & Hassler for a free evaluation of your products liability claim.

A crash between a Precinct 3 Constable‘s bus and a motorcycle on Clay Road at Durban has left the motorcycle rider in critical condition.  According to a brief report from Channel 13, the law enforcement bus was at a stop sign at the intersection of Durban and Clay Road when the bus driver pulled forward to turn left, getting in the way of the motorcyclist traveling on Clay. The motorbike crashed into the side of the bus, severely injuring the rider who was transported to Memorial Hermann Hospital in critical condition. Police said the driver of the bus will get a traffic citation. The citation will probably be for failure to yield the right-of-way when turning left.

If you or a loved one has been injured in a motorcycle accident, call the experienced personal injury attorneys at Smith & Hassler for a free consultation on your injury claim. Of all the motorized transportation types on public roads,motorcycle accidents have the highest potential to cause serious injury or death: having a Smith & Hassler personal injury attorney working on your motorbike accident injury claim puts knowledge and experience on your side. Check out this review submitted through Google in reference to a motorcycle injury claim handled by Smith & Hassler:

“Josh A – My father was in a motorcycle accident on 5/31/2010. Seeing how the accident wasn’t his fault and there was more than one insurance company involved, my father and I realized we needed to seek legal advice on how to proceed. Like most in need, we looked here on Google and found Smith and Hassler. I contacted them and spoke briefly with the receptionist who then forwarded my call to Daragh Carter. Daragh and I spoke for 20 minutes as I filled him in on the details involving my father’s accident and he asked that I come in and meet with him as soon as possible. My father and I went into their offices and were invited to sit in a conference room. We waited there a few moments until Melissa came in and started taking our case information. After we spoke with her for about 15 minutes Daragh came in and again we went over the accident and all information we had. Daragh said they would represent us and we didn’t need any further contact with the involved insurance companies. Smith and Hassler even helped my father locate a good physical therapist that would work within his health plan. It took Daragh some time but he was able to get the full insurance amount from both involved insurance companies and a nice settlement for my father. Both my father and I are very thankful to Daragh, Melissa and everyone else at Smith and Hassler who worked on my father’s case. Daragh and Melissa’s hard work and dedication helped my father through a very difficult time. I hope I never need their services again, but if I do I am confident that Daragh, Melissa and Smith and Hassler will be there for me and my loved ones.“

According to the web site for Hansen Mortuaries in Phoenix, Arizona, the funeral is scheduled today of 29-year old Colleen Nicole Doyle. Colleen was riding in the Toyota Camry that on July 3, 2011 struck the minivan driven by Joshua (41) and Robin Berry (40) and their children Peter (9), Aaron (8) and Willa (6). Joshua and Robin were killed in the collision near Fort Stockton, Texas and Peter and Aaron sustained serious spinal cord injuries that may leave them paralyzed from the waist down. A fund has been set up for the Berry Children and is accepting donations big and small.

The ceremony for Colleen Doyle will take place at Gateway Christian Church in Roswell, New Mexico. Colleen’s husband Michael Scott Doyle was driving the Camry at the time of the accident and the couple’s 18-month old daughter Mckenzie was riding with them. Fortunately Mckenzie appears to have weathered the tragic accident relatively well.

29-year old Colleen Doyle who died in the July 3, 2011 collision.

Michael Scott Doyle, driver of the Camry that collided with the Berry's minivan

This yellow cab rear-ended a big rig on the Eastex Freeway July 15 2011 killing two passengers

Channel 13 Eyewitness News is reporting a deadly crash on the Eastex Freeway near Laura Koppe. A Yellow Cab minivan crashed into the rear of a big rig tanker truck when, according to witnesses, the yellow cab driver was traveling at a high rate of speed and weaving in and out of traffic. Two elderly women were riding as passengers in the taxi – one was pronounced dead at the scene, the other passenger was transported to the hospital and died there. The taxi driver’s condition wasn’t reported, but police say if he survives he will face a charge of criminally negligent homicide.

2 People Dead in Crash on Eastex Freeway: MyFoxHOUSTON.com

Click2Houston.com has published an article about the Park Avenue luxury apartment complex located off Pearland Parkway: the apartment complex is apparently experiencing a tremendous upsurge in criminal activity, and residents are understandably worried for their safety. The complex is located in southeast Houston and according to the complex’ web site offers 10 different luxury floor plans for 1, 2 or 3 bedroom apartments.

Residents are particularly on edge after two men forced their way into a mother and daughter’s apartment, pistol whipped them both, and then stole their valuables and both of their cars. A single mom whose apartment was burgled 3 months before is quoted as saying those in charge at Park Avenue Apartments did not do enough to make she and her family feel protected after they were victimized by burglars. She said that there is no security, and the one security person who is present is not proactive and does not get out of his car.

According to the Houston Police Department, officers have been called out to Park Avenue Apartments 65 times since February, of which 21 calls were responding to burglaries. When Channel 2 went to the complex to speak to someone in charge, the property manager of Park Avenue Apartments pushed their reporter aside and threatened to have her arrested.

The Texas Supreme Court‘s decision in Timberwalk Apartments Partners, Inc. v Cain, 972 S.W.2d 749 (Tex. 1998) sets out what a Plaintiff must prove when alleging they were injured or sustained damages due to the failure of a property owner to provide adequate security.  In that particular case, a woman who had been raped alleged that the landlord of her apartment complex was in part responsible for the rape because the landlord failed to provide adequate security. The court held that a duty to protect another person from the criminal acts of a third person exists only when the risk of criminal conduct is go great that the risk is both unreasonable and foreseeable. Whether the risk of criminal conduct is foreseeable should be determined based on what the premises owner knew at the time of the incident, not what could have been known with hindsight.

The court decided that in determining whether certain criminal conduct on a landowner’s property could have been foreseen, courts should consider the following factors:

(1) whether any criminal conduct previously occurred on or near the property;
(2) how recently it occurred;
(3) how often it occurred;
(4) how similar the conduct was to the conduct on the property; and
(5) what publicity was given the occurrences to indicate that the landowner knew or should have known about them.

These have come to be known as the Timberwalk factors. With 21 burglaries since February at Park Avenue Apartments, a news story about the pistol whipping of the mother and daughter residents on Wednesday, a news article today, a visit to the Property Manager from a Channel 2 reporter who was kicked out and at least one resident who said she broke her lease and moved out due to concerns she had for her family’s safety, it certainly seems that Park Avenue Apartments is very much on notice that they have a crime problem on their property.

As of July 15, 2011, Park Avenue Apartments has 8 reviews showing up on Google and is rated by reviewers as 1.5 stars out of 5. The Park Avenue Apartments July 2011 community newsletter includes a crossword and a recipe for blueberry ice cream but does not warn or inform residents regarding criminal activity on the property.  The newsletter identifies the Property Manager as Shelly Porter and the Assistant Property Manager as Vanessa Schnell.

The Park Avenue Apartments complex brochure opening paragraph states: “Nothing offers more comfort than the pleasures of a cozy, secure and beautiful home, and nowhere offers a more ideal retreat than Park Avenue at Boulder Creek.”