Author Archive
Minivan hits motorcycle on Highway 99 in Katy near Mason Road
A man riding a Yamaha motorcycle was seriously injured last night in an accident on Highway 99 near Mason Road in the Katy area at around 9:00pm. The accident happened when a minivan failed to yield the right-of-way to oncoming traffic and struck the motorcycle. The motorcyclist, identified as a 29-year old man, slid along the road and crashed into a median. He was taken via life flight helicopter and listed as in serious but stable condition. Channel 13 News’ story is here.
Smith & Hassler has helped hundreds of injured motorcyclists recover their damages from motorcycle accidents. If you have been injured in a motorcycle accident and you are not sure of your legal rights or what the at-fault driver’s insurance company should compensate you for, contact Smith & Hassler and speak directly to an experienced personal injury attorney.
Shawn Jarmail Brown charged with intoxication manslaughter in death of motorcyclist
A motorcyclist was killed Sunday afternoon when he stopped to change a tire on Highway 288 near Orem. The collision happened around 1:00pm when the victim was out on a motorcycle ride with his son. Investigators say 36-year old Shawn Jarmail Brown hit the motorcyclist who died at the scene. Brown was arrested and charged with intoxication assault. The name of the 42-year old victim has not yet been released. Shawn Jarmail Brown has previously faced criminal charges in Harris County, including theft, manufacture and delivery of controlled substance and unlicensed possession of a firearm by a convicted felon. This accident is a terrible and avoidable tragedy, our hearts go out to the friends and family of the victim.
Channel 2’s coverage of the fatal crash can be read here. Channel 11’s story regarding Shawn Jermail Brown’s arrest is available here.
Child ejected in possible DWI accident on I-45 in Conroe
A serious auto accident on Interstate 45 in Conroe yesterday caused a child to be ejected. The accident happened just before 6:00pm on the section of I-45 between Wilson Road and Texas 105. Conroe Police Department say that a Dodge Dakota pickup truck was pulling a bass boat heading southbound on I-45. The trailer started jumping, possibly because of a tire failure, and the driver lost control. The pickup truck struck a Ford Explorer SUV traveling next to it, slicing the Explorer‘s tire, flipping it over. There were two adults and a child in the Explorer: according to investigators the child was not restrained in a child seat and was ejected when the Explorer came to rest upside down. The child landed more than 80 feet away and suffered fractured ribs and a head injury and was life-flighted to Memorial Hermann Hospital – The Woodlands. The driver of the pickup truck was arrested on suspicion of Driving While Intoxicated and could face a charge of intoxication assault due to the serious injuries caused. The accident remains under investigation. Channel 13’s report can be read here and refers to the injured child as a toddler and as being female. Channel 2 News’ coverage of the accident is here, and describes the child as being a 7-year old boy.
Smith & Hassler’s experienced personal injury attorneys aggressively pursue settlements for those injured and victimized by drunk drivers. If you have been involved in a crash with an intoxicated driver, contact Smith & Hassler right away.
Garrett Higginson rescues woman from burning truck after North Freeway crash
Garrett Higginson and another Good Samaritan are being hailed as heroes after rescuing an unconscious woman from a burning pickup truck after a serious crash on the North Freeway last night. Garrett was driving on the North Freeway at around 9:15pm near the Hardy Toll Road when a white-colored pickup truck slammed into the back of another truck. The truck that was hit from behind then flipped over three times, slid along for about 20 feet and came to rest against a concrete median. When Mr. Higginson saw smoke around the truck and no movement inside, he acted fast, pulling free an unconscious woman on the front passenger seat. Once the woman had been pulled free the truck quickly became engulfed in flames. The woman was transported to the hospital. Channel 11’s story regarding the daring rescue is here. Hats off to Garrett for his selfless actions.
18-month old Aliah Melgar struck by reversing car at Spring Forest Apartments
At around 5:40pm on Wednesday February 29, 2012 a woman accidentally backed her car over 18-month old Aliah Melgar at Spring Forest Apartment complex in Houston. The apartment complex is located at Bissonet and Rampart. Investigators determined the woman driving the car was on her way to work when she hit Aliah: the driver thought she had hit a cat at first but on realizing it was a child she got her husband and they called 911 to request an ambulance. Aliah was first taken to Southwest Memorial and from there was life flighted to Memorial Hermann Hospital.
Houston personal injury attorneys Smith & Hassler have been helping clients in Houston and throughout Texas resolve their pedestrian accident injury cases since 1989. Call (713) 739 1250 or 1 (800) WIN-WIN1 for a free consultation, or submit your case online.
Goodyear Wrangler Silent Armor tires recalled after fatal wreck in Texas
The tragic deaths of two young Texans last August has prompted a major tire manufacturer to recall about 41,000 of its tires manufactured in 2009. Matthew Smith (21) and Kerrybeth Hall (18) from Port Lavaca, Texas died when the tread came apart on the front tire of Smith’s Ford F-150 pickup truck, which caused the pickup to go into a side skid and then overturn. The tires that are the subject of the recall are the Goodyear Wrangler Silent Armor tires, used on vans, SUVs and pickup trucks.
The concern is that the Wrangler Silent Armor tire could tear, increasing the risk of a crash. During a May 2010 review Goodyear noted an increase in warranty and property damage claims, subsequently reporting this by letter to federal regulators. In a February 22 letter to the National Highway Traffic Safety Administration (NHTSA), Goodyear said: “A small number of tires within this population may experience a partial tread separation under certain severe usage conditions. Use of these tires in severe conditions could result in partial tread separation which could lead to vehicle damage or a motor vehicle crash.”
Goodyear decided to recall the tires on February 16, based on an analysis of warranty and damage claims and discussion with safety regulators. Goodyear plans to send notices to customers by March 22. The Goodyear Wrangler Silent Armor tires affected by the recall can be identified by the following Department of Transportation serial codes, also known as tire identification numbers, which can be found on the sidewall:
PJ0UY5HV0909 through PJ0UY5HV2209
PJAB35HV0909 through PJAB35HV2209
PJ4335HV0909 through PJ4335HV2209
PJ1535HV0909 through PJ1535HV2209
PJAH35HV0909 through PJAH35HV2209
PJLHL6HV0909 through PJLHL6HV2209
If you have been injured due to the failure of a Goodyear Wrangler Silent Armor or other motor vehicle tire, contact Houston injury attorneys Smith & Hassler for an analysis of your products liability case. It is important to preserve the failed tire intact whenever possible so it can be examined by suitably qualified experts.
Sheila Cronk and Justin Springer victims of wrong way driver on Highway 59
Channel 2 is reporting on a major accident that occurred over the weekend claiming the lives of two young people; alcohol involvement has yet to be ruled out. Sheila Cronk and Justin Springer, both age 26, were pronounced dead at the scene of the Highway 59 head-on collision. Sheila and Justin’s car crashed head-on into a Jeep Wrangler that was traveling the wrong way on Highway 59 early Sunday morning in the Stafford area. Ms. Cronk and Mr. Springer were from Lincoln, Nebraska. The driver of the Jeep was taken to hospital though the news report does not indicate his condition. Officials say alcohol may have played a role in the deadly crash however no charges have been filed yet.
The Houston Chronicle’s article on the accident is available here and identifies the Jeep driver as 45-year old Roy Armstrong of Houston. Family members of Sheila and Justin indicated the two had been in Mexico and were on their way back to Nebraska at the time of the crash. Sheila Cronk’s Facebook page indicates Sheila was trained as a nurse and worked at the LTACH Unit at Madonna Rehabilitation Hospital in Lincoln, Nebraksa. Channel 13’s report is here.
What a terrible, terrible tragedy for the families of these two young people. Family and friends of Sheila’s mother Janet Klapperich Cronk have been posting condolence messages since Ms. Klapperick Cronk posted a link to a news story on the crash to her Facebook page midday Sunday along with the message: “This is my daughter Sheila Cronk and her good friend Justin Springer….we just got the news early this morning….they went down to houston for a friends wedding.”
18-wheeler faulted for major accident on Dallas tollway
A major accident involving a big rig caused traffic to grind to a halt in Dallas on Thursday and investigators have concluded the 18-wheeler was to blame. The wreck caused several accidents on the tollway and the ramp from Interstate 635 on to the Dallas North Tollway was closed. Evidently there is video footage showing how the accident happened and investigators are blaming the 18-wheeler’s excessive speed. The big rig crossed 3 lanes of traffic, flipping onto its side and crushing a car. The 18-wheeler also struck an SUV pushing into over the concrete median and into the path of oncoming traffic. The truck driver was uninjured and the drivers of the crushed car and SUV were taken to hospital, but fortunately do not appear to have suffered life threatening injuries.
Since it appears to have been established through video evidence that the 18-wheeler was at fault for this serious accident, presumably the 18-wheeler company’s insurer will not challenge any claims on liability (in other words, they will likely not try to claim the 18-wheeler was not at fault). What the insurer may attempt to do however is secure early settlements with those injured in this accident due to the 18-wheeler driver’s negligence. Early settlements such as these, even in less severe collisions, are always a bad idea. Automobile accident victims should always make sure their injuries are fully understood before ever considering settling a claim. Once a release is signed there is no coming back later seeking more money for necessary medical treatment. Smith & Hassler has litigated hundreds of trucking accidents, including wrongful death claims against 18-wheeler companies. Smith & Hassler attorneys Roger Sullivan and Daragh Carter were in trial this month in Harris County, Texas on an 18-wheeler accident case. If you have been injured due to the negligence of an 18-wheeler driver, call Smith & Hassler for a free consultation.
Channel 11 investigates tow truck rip offs after Houston car accidents
Here is a link to an interesting story posted on Channel 11’s web site on February 23, 2012 discussing how some unscrupulous tow truck drivers in Houston are taking advantage of car crash victims. The City of Houston and Harris County place a cap on the amount a tow truck company can charge for moving a vehicle after an accident, however in some cases tow truck drivers and storage lots are turning what should have been a maximum $150 tow into thousands of dollars of expense for the car accident victim.
In the Channel 11 article Houston driver Ryan Haley talks about his experience after his Toyota was rear-ended and ordered to be towed by police. His vehicle was towed to Vickery Auto Storage, located off East Mount Houston Road near Highway 59. The morning after the accident he signed papers presented to him by the storage lot: Ryan claims it not honestly explained to him that he was actually signing papers to have his vehicle repaired at City Wide Collision Center, a repair facility that is owned by the same man who owns Vickery Auto Storage.
When the Haley’s insurance company came to pick up the vehicle (which was deemed a total loss and not repairable), Vickery Auto Storage reportedly charged $2,000: labor, a “yard/gate fee”, storage and a $370 tow charge. “The consumer is very, very vulnerable,” said Monica Russo, Investigations Manager of the Houston Better Business Bureau. The BBB gives Vickery Auto Storage and City Wide Collision Center an “F” grade for unresolved consumer complaints.
If you are involved in a car accident Texas law says you have a right to decide where your vehicle is repaired. You should promptly report the accident to your own insurance company, even if you do not plan to file a claim with them. Your insurance contract requires you promptly notify the insurer of an accident so they have an opportunity to investigate. Your insurance company should be able to give you some guidance regarding towing and storage charges to help you avoid some of the problems mentioned in the Channel 11 investigation.
Also remember that you do NOT have to agree to have your vehicle towed to whatever storage lot the tow truck drivers wants to take it to. Tow companies make money towing vehicles but, as the Channel 11 news story makes very clear, they make a lot more money on storing vehicles and repairing them. Put another way, in many cases the tow truck driver will be actively working to get you to agree to have your vehicle taken to a particular storage lot so they can get the repair work. You probably wouldn’t let a complete stranger decide where you went to dinner, so why would you let one decide where to repair your vehicle?
Smith & Hassler has helped thousands of car accident victims over our 20+ years in business.