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Judge orders Galveston drunk driver to pay victim $862,118 in restitution

One of the frustrating aspects of drunk driving is that first time drunk drivers often face fines and probation but relatively soon after causing a drunk driving accident they have done everything the criminal law system required them to do and can move on with their life. Many times the people they injure continue to suffer from the effects of the accident, physically and psychologically, for many years.
A Galveston judge has ordered a drunk driver who crashed into a woman’s car, seriously injuring her, to pay the woman $862,118 in restitution to cover her medical expenses. Sarah Hrachovina Coreas, age 21, was seriously hurt in the crash that happened 18-months ago, and was present in court when the drunk driver‘s punishment was decided. Omar Santana Ortiz, 31, pleaded guilty to intoxication assault for the accident. The crash happened at the Gulf Freeway frontage road and 61st Street on October 18, 2010 – Ortiz was more than twice the legal limit for intoxication. Three cars were involved in the accident.
The restitution payments will be broken up into monthly payments of $7,184. Ortiz’ 10-year prison sentence was probated and he was ordered to do 10-years of community supervision. Who knows if Ortiz will ever repay anywhere near the $862,118 the judge ordered him to repay Sarah Coreas, but having the debt hang over him will hopefully serve as a reminder and go some way to deterring him from driving drunk and hurting someone else in another accident. Channel 2’s story is here.

Wrecker driver injured in accident on Highway 288 with HPD officer

A HPD patrol officer was involved in a collision with a wrecker truck driver at Highway 288 and Old Spanish Trail. The officer and the wrecker driver were both injured. The officer had pulled over on Highway 288 to help search for a prisoner, and when the officer got back in her police cruiser and tried to merge onto the roadway her clipboard got stuck in the steering wheel and she ran into an unattended wrecker truck. The wrecker truck was then pushed forward into the wrecker driver who was standing nearby. KHOU’s story is here. Channel 2’s story is here, and reports the scene of the accident as Highway 288 and Yellowstone.
Under the Texas Tort Claims Act (TTCA), there are limits placed on the amount of financial liability of a unit of government for death or injury caused to another person. Depending on the type of governmental unit, the maximum damages that may be recovered in a claim for personal injury or death may be either $100,000 or $250,000. In March 2009 a lady named Leigh Boone was involved in an intersection collision between two City of Houston fire trucks in the Montrose area. Ms. Boone was standing at the corner of the intersection with her bicycle when one of the crashed fire trucks rolled onto her. She died after spending two weeks in the hospital. The City of Houston settled with Ms. Boone’s family members for $225,000, just under the $250,000 maximum damages that can be recovered from a municipality under the TTCA.

Steer it and clear it law in Texas helps avoid injury accidents

The video below shows a collision between a passenger car and a man walking on a freeway: the video was shot in Russia. The man was walking close by a vehicle that appears to have broken down in a freeway travel lane. He was not looking in the direction of approaching traffic when the car came from his right side and struck him, throwing him many feet into the air. Despite how severe the accident looks, the man was fortunate to escape with only a broken leg. This video provides a powerful reminder of why Texas has a “steer it and clear it” law. Chapter 550.022 of the Texas Transportation Code governing accidents involving damage to a vehicle says: “If an accident occurs on a main lane, ramp, shoulder, median or adjacent area of a freeway and each vehicle can be normally and safely driven, each vehicle operator shall move the operator’s vehicle as soon as possible to a designated accident investigation site, a location on the frontage road, the nearest suitable cross street or other suitable location to complete the requirements of Section 550.023 and minimize the interference with existing freeway traffic flow.”

Sometimes there is a tendency for people involved in an accident not to move their vehicle from a travel lane until the police arrive so the police can determine who was at fault. If your vehicle is still driveable and there is a lot of traffic passing by, the safer approach would be to move the vehicles out of the roadway. If you have a cell phone with a camera, as almost everyone does these days, you can always take a couple of quick pictures to show the position of the vehicles before you move them.

METRO bus accident on Antoine sends 9 people to hospital

After a multi-vehicle accident that involved a METRO bus yesterday morning, nine people were hospitalized. Police say that traffic was backed up when METRO bus number 5891 crashed into other vehicles at around 9am. The location of the accident was the 3100 block of Antoine in northwest Houston. Bus passenger Chris Tidwell told Channel 11 News that the METRO bus accelerated and hit the car in front. Wilfred Wilkins, another passenger, said the car that the bus hit lifted off the ground and partially came through the windshield of the bus, then that car swerved away from the bus striking two more vehicles. Wilkins injured his wrist during the collision and said the scene was chaotic because the bus passengers did not know what was happening. In total, the bus and ten other vehicles were damaged. One accident witness, Wilhemina Ellison said the driver of the METRO bus was not to blame because a car cut in front of the bus, and the driver reacted to avoid it. Officials said seven people on the METRO bus were taken to the hospital to be treated for injuries, and two people from the other vehicles involved. METRO has said the bus driver will be taken off the road until METRO‘s investigation of the accident is completed.

Vehicle damaged in the May 1, 2012 METRO bus accident on Antoine

METRO bus number 5891 was involved in the crash

Several vehicles sustained heavy damage in the bus crash

One of nine injured people is placed in an ambulance

Channel 11 News interviews bus passenger Chris Tidwell

Bus passenger Wilfred Wilkins injured his wrist in the METRO bus crash

Smith & Hassler has represented injured people throughout Texas for more than 23-years. If you have been injured in a motor vehicle accident, call Smith & Hassler or submit your case online to speak with an attorney today.

Smith & Hassler takes drunk driving accident case to trial in Harris County

Smith & Hassler trial attorney Roger Sullivan preparing to select a jury in Harris County District Court

If you have been involved in a serious motor vehicle accident and you are looking for effective representation, one of the questions you should be asking the attorney you are considering is if they have recently taken a case to trial. Generally speaking it is preferred to reach a settlement of a personal injury case when possible: settlement is preferred because settlement saves resources (for both sides) by keeping expenses down, settlement happens relatively soon compared to pursuing a lawsuit, and perhaps most importantly, settlement eliminates risk and gives the client a guaranteed outcome. The outcome of a personal injury lawsuit is not certain.

Still, there are some times when settlement is just not possible and a particular case is destined to be decided by a jury. That is why you should check with any personal injury attorney you are considering to see when they most recently took a case to trial. The answer doesn’t have to be “yesterday” or “last week” but ideally a personal injury attorney would continue to try cases during their career to keep their trial skills sharp.

Above is a photo taken May 1, 2012 of Smith & Hassler attorney Roger Sullivan preparing for jury selection in a trial against a drunk driver who rear-ended our client. The trial was in Harris County Civil District Court.

If you have been injured and need serious representation, Smith & Hassler’s experienced personal injury attorneys would be honored to give you a no-charge consultation. Smith & Hassler has represented injured people in Houston and throughout Texas since 1989.

Seguin students lucky to be alive after school bus crash on SH 123

Students from Seguin, Texas were injured in a school bus accident on Friday and law enforcement officials are thankful there were no fatalities. The school bus was on its way to Barnes Middle School and Seguin High School with nine children on board when the crash happened on State Highway 123. DPS troopers say a Chrysler PT Cruiser moved over to the shoulder to allow an 18-wheeler to pass. At that time the 18-wheeler clipped the PT Cruiser sending it into the northbound traffic lane and causing the PT Cruiser to hit the school bus head-on. That set off a chain reaction collision followed by a fire which spread to the four vehicles involved. All 13 people involved were injured, but thankfully survived what could have been a multiple fatality accident.
Seguin school officials said that the 3 week old school bus was a new design that allowed the body of the school bus to detach from the chassis, reducing the impact of the collision on passengers inside. Fire fighters arriving at the scene found the school bus cab separated from the wheels and upside down. Workers on their way to work at Halliburton were praised for stopping at the crash site to help remove students from the wrecked bus and directing traffic. The 18-wheeler driver was flown to University Hospital in San Antonio in critical condition. Channel 11’s coverage of the Seguin school bus crash is here.

Four vehicles were involved in the crash on State Highway 123

The Smith & Hassler law firm has spent 23-years protecting the rights of persons injured throughout Texas in motor vehicle accidents.

Deputy hit by Isuzu Rodeo while directing funeral traffic

An off-duty deputy was working an extra job providing a motorcycle escort to a funeral when he was hit and injured by an Isuzu Rodeo SUV that failed to yield the right-of-way. The deputy was directing traffic at Martin Luther King and Bellfort: after the impact the Isuzu dragged the deputy across two lanes of traffic. According to police who investigated, the Isuzu failed to yield to the deputy. The deputy was taken to Memorial Hermann Hospital for treatment. Channel 2’s story is here.

Smith & Hassler’ personal injury attorneys use their experience and expertise to effectively advise injured victims of motorcycle accidents in Houston and throughout Texas.

Bicyclist to hospital after hit-and-run accident with Ford Mutang

A blue Ford Mustang hit and woman bicyclist and then a building at the North Loop at North Main on Saturday night at around 1:20am. The woman was crossing the intersection on her bicycle when the Mustang struck her. Eyewitness Rick Halliburton said several drivers were waiting at the red light and was watching the woman make her way across the intersection when the Mustang began to weave through traffic and then hit her. Halliburton said the Mustang driver did not stop, the actually sped up: he tried to pass a truck on the right and hit the bicycle on the rear wheel, flipping the lady off the bike.
Several people tried to follow the Mustang after it fled but were unable to keep up. The driver eventually lost control of the Mustang and crashed into a metal building at the 8900 block of North Main at Crosstimbers, causing damage to machinery and equipment inside. The bicyclist was alert at the scene when she was taken to Ben Taub General Hospital by EMS. The accident was under investigation and police do not believe alcohol was a factor.
If you have been injured in hit-and-run accident, contact the experienced personal injury attorneys at Smith & Hassler to make sure you understand your options when you are hit and hurt by a driver who did not stop.

Intoxication manslaughter charges brought against Matthew Green Shelton

On Wednesday at around 6:15pm 42-year old Steven Louis Hunt of Galveston and a friend were walking a dog along the Galveston Seawall when they were struck and killed by a car. The car was driven by Matthew Green Shelton, age 27, and it was announced this morning that Shelton has been charged with intoxication manslaughter. Alleged drunk driver Shelton and his passenger remain in stable condition at UTMB Galveston after the accident. Police say Shelton’s bond has been set at $100,000 and Shelton will be booked into Galveston County Jail when he is discharged from the hospital.
Channel 11’s report on Shelton’s charges is here. A Galveston Daily News article identifies the second pedestrian killed in the accident as 43-year old Joseph Owens. Apparently Shelton was driving a red-colored Mitsubishi sports car, which struck a parked black-colored Nissan Sentra. Police are trying to determine whether Shelton’s Mitsubishi hit the Sentra or the pedestrians first.

Matthew Green Shelton's red Mitsubishi is shown to the right, the black Nissan Sentra he struck to the left

Matthew Green Shelton (27) has been charged with two counts of intoxication manslaughter

The experienced attorneys at Smith & Hassler practice only personal injury law and have handled injury and wrongful death claims brought against drunk drivers throughout Texas.  Contact Smith & Hassler to make sure you understand your legal rights.

Injury accident when school bus and pickup collide head on in Huffman

A school bus driving on FM 2100 in Huffman today was involved in a head-on crash with a pickup truck. The accident scene is FM 2100 at 1st street. Kids traveling on the school bus were attended to by paramedics and the driver of the pickup truck was taken to hospital via life flight helicopter. Three or four of the children on the school bus were taken to hospital as a precaution. From a still photograph on Channel 13’s web site it appears the pickup truck may have attempted to make a left turn in front of the school bus, though the exact cause of the crash has not been reported in the media. Hopefully all involved will recovery quickly. Channel 2’s report of the school bus accident is here.