Houston Personal Injury Attorneys – Smith & Hassler

Ford Motor Company has announced a recall of 2004-2005 model Ford Windstar and Mercury Monterey minivans. The recall action affects approximately 205,986 vehicles in the United States according to a statement from the National Highway Transportation Safety Administration (NHTSA). The recall is happening because of the potential for the torque converter output shafts in the minivan powertrains to fail and cause a sudden loss of power. The recall is expected to begin the second quarter of 2012, and Ford will replace the torque converter in the recalled minivans. The NHTSA is only aware of two collisions probably attributable to the power loss problem in the Windstar and Monterey, one of those crashes involved injuries and the other did not. Still, the NHTSA announced the recall because the chances of a crash are increased due to a sudden power loss.

If you were injured in a crash involving a 2004 or 2005 Ford Windstar or Mercury Monterey minivan, contact Smith & Hassler to discuss a possible products liability case.

An obituary for car crash victim Kaat Debeuckelaer published in the Fort Worth Star Telegram reports that Kaat’s funeral will be held today at the Good Shepherd Catholic Church in Coleyville, Texas. Kaat’s family and friends will gather to pay their respect and say their goodbyes to the 21-year old University of Texas student who died tragically on January 5, 2012 in a single car accident along with Kaat’s boyfriend Kenneth “Kenny” Joseph Lark (23) and Southlake attorney Ronald Eddins (40).

It is clear that Kaat is going to be terribly missed by her family and friends. Kaat’s obituary includes the following tribute:

Her smile and bright blue eyes lit up every room she walked into. She loved her family and friends fiercely and would do anything to protect them. She had been a fighter ever since she was born prematurely, never giving up and working hard to achieve her dreams. Kaat had a positive impact on so many people during her brief time with us. She was the best listener and never judged. It didn’t matter whether she knew someone well or whether she had just met the person, she always made you feel at home. Her devotion spread to more than just her friends and family, as burnt orange ran through her blood. Kaat had so many more things to do. She had yet to see her Longhorns win a BCS Bowl game. She never got to walk into her first class at dental school. We will never see how the plans that she and Kenny made for their future blossom. They were so much in love and everyone who knew them was sure they would spend the rest of their lives together.

Kaat died January 5, 2012 while riding as a passenger in a Porsche Panamera sports car driven by Ronald Eddins. Preliminary findings by law enforcement investigating the accident suggest the Porsche was traveling at a high rate of speed when it left the roadway and crashed into the Las Colinas Canal near Dallas, Texas. Kaat and Kenny apparently had no prior connection to Eddins, and it appears a chance meeting at a hotel bar was the couple’s first encounter with the prominent Southlake lawyer.

Media reports state that a toxicology report is pending to determine whether alcohol was a factor in the crash. Presumably there will be an attempt by authorities to retrieve and analyze the event data recorder or “black box” from the Porsche Panamera to extract crash data, though whether the device will be operable after being submerged in water is an open question.

Kaat’s family has requested that in lieu of flowers a donation be made to a charity of the well-wisher’s choice.

Services for Kenny Joseph Lark will be held Saturday January 14, 2012 at Epiphany Lutheran Fellowship Hall in Houston, Texas. Kenny’s family has asked that in lieu of flowers a donation be made to a charity of the donor’s choice, or alternatively to the Kenneth J. Lark Memorial Fund.

Our prayers are with the young couple’s families.

According to the Houston Chronicle, Tomball Police Department patrol officer Kristina Tikal suffered a fractured shoulder blade when she was knocked down by a vehicle during a January 2, 2012 incident. Officer Tikal apparently walked up on a 17-year old female about to have sex with a male companion in a parked vehicle: the teenager sped away from the scene, striking Officer Tikal. The officer also sustained a hip injury, an elbow injury and abrasions to her arms and legs: she was treated and released from Tomball Regional Hospital.

Apparently the scene unfolded when Officer Tikal was leaving her apartment to head to work and noticed a Honda Civic parked with the rear door open, and when she walked up on the vehicle the male and female were in the back of the vehicle with no pants on. As the officer radioed for backup the female climbed into the driver’s seat and put the Honda in reverse: she disregarded the officer’s instructions to stop and reversed at high speed, knocking the officer about 10 feet. The Honda also struck a parked pickup truck before speeding away. An anonymous tip lead police to the Honda’s location, and the female suspect who was at Tomball High School went with her mother to the police station.

The 17-year old female driver now faces felony charges of aggravated assault against a public servant, evading arrest and detention with a vehicle. Hopefully there is plenty of insurance on the Honda Civic: with a fractured shoulder blade and the other injuries, Officer Tikal may not be medically cleared to return to work for some time, not to mention the physical impairment associated with that kind of injury. In a situation like this, if an injured pedestrian such as Officer Tikal has underinsured motorist (UIM) coverage, that coverage would apply to help cover damages if the at-fault driver does not have sufficient coverage. Uninsured motorist (UM) coverage would apply if the at-fault driver did not have any insurance.

We certainly wish Officer Tikal a speedy recovery and return to patrol.

23-year old Luis Alberto Dorantes had just come out of a Washington Avenue bar at around 1:40am Saturday January 7, 2012 when he was fatally struck by an SUV: Luis died at the scene. The 19-year old SUV driver Rebecca Bowman fled the scene but was arrested a few block away police say. Bowman now faces charges for intoxication manslaughter as well as underage drinking. Danielle Reichle, an 18-year old friend of Bowman’s, was also in the SUV and may be charged as an accessory and also for being intoxicated. Bowman was released after the incident after posting $50,000 bond and is scheduled to make her first court appearance Monday January 9, 2012.

Houston Fire Department rescued one man but another man remains buried after a trench collapsed around 7:30pm on Friday January 6, 2012. The two men were working on a drainage project at the Little Nell Apartments in the 8220 block of West Sam Houston Parkway at Beechnut when the dirt surrounding the trench collapsed in on them. Approximately 40 firefighters were involved in the rescue effort, but unfortunately the man who remained buried is presumed dead. A photograph of the scene on Channel 2 News’ web site shows heavy construction equipment present but it is not clear from the news report if that equipment was already present or was part of the rescue effort. One 28-year old workers was pulled from the trench at around 9:25PM and was transported to hospital, though his condition was not reported. A story on the trench collapse by ABC Channel 13 indicates that the collapsed trench was behind the apartment complex, and may not have been on the property. The same article indicates that the cause of the collapse was when a slough around the trench pushed a pipe, pinning one worker and burying the other. FOX News Houston’s coverage reports the trench was 12 feet deep and 8 feet wide.  Certainly with a trench that is deeper than it is wide, one would hope the trench had the appropriate protective system to minimize the chance of a collapse.

OSHA’s web site includes extensive information regarding trenching safety practices, including the use of a trenching protective system to stop the trench walls collapsing in on workers.

21-year-old Kaat Debeuckelaer and 23-year old Kenneth Lark have been identified along with driver Ronald Eddins are the victims of a tragic crash in the Dallas area.  In the single vehicle accident a Porsche car driven by Eddins, a 41-year old lawyer from Southlake Texas, apparently left the roadway and crashed through a barrier into the Las Colinas Canal. The alarm was raised when on Wednesday maintenance personnel noticed a broken guardrail which lead to the submerged Porsche being located with two bodies inside. Based on information that there may have been a third person in the vehicle at the time of the wreck police divers searched for and found the body of Ronald Eddins in the canal. Toxicology results are pending to determine whether drugs or alcohol played a role, however authorities suspect high speed was factor in the deadly crash.

An article in the Fort Worth Star Telegram identifies the vehicle as a Porsche Panamera, an expensive four-seat sports car. The article also states that Ms. Debeuckaler’s autopsy revealed she died as a result of blunt force trauma caused by the collision. Based on information from a Dallas Area Rapid Transit (DART) worker who noticed the guardrail damage at around 4:30am, authorities have narrowed the time of the crash to between 2:30 am and 4:30am on Wednesday January 4, 2012. Ronald Eddins was driving, Ms. Debeuckelaer was in the passenger seat and Kenny Lark was in the back seat according to police.

Witnesses have provided information that the crash victims were seen at the Hilton Southlake Hotel late on Tuesday, but the timeline of events has not yet been completed. Mr. Eddins lived in a large home near Lake Grapevine in north Southlake with his wife Michelle and and the couple’s two children. Reportedly Eddins represented clients in asbestos and mesothelioma lawsuits and had attained multi-million dollar settlements in a number of high profile lawsuits.

At 2:16am on Thursday January 5, 2012 Kaat’s mother Krista Debeuckaler posted a message to her Facebook page reporting Kaat missing since Tuesday evening, and that she had gone to a hockey game with her boyfriend Kenny Lark at the American Airlines center in Dallas, then at the Copeland’s of New Orleans bar at the Hilton in Southlake where they had drinks with a lawyer who paid cash for the drinks.

Ms. Kaat Debeuckelaer (pictured below) was a student at the University of Texas in Austin but is originally from Coleyville, Texas. Our prayers are with all of the families involved as the reality of this tragedy begins to settle in.

The Houston Chronicle’s coverage of the accident is available here and includes video footage. FOX News DFW’s coverage of the Porsche Panamera crash is available here. Irving Weekly’s coverage is here.

A massive pile-up happened early this morning on Highway 73 near Port Arthur, Texas at around 5:45am this morning. Channel 11 is reporting that dozens of people were hurt and four people are critically injured in a collision that appears to have involved approximately 50 vehicles. Rod Carroll, a deputy with Jefferson County Sheriff’s Department, said that two of the vehicles involved caught fire but fortunately nobody was killed. At least ten ambulances were dispatched to the scene and reportedly transported between 45 to 53 people to hospital. According to Deputy Carroll the collisions were the result of poor visibility on the highway due to a combination of fog and smoke from a fire that broke out at the McFaddin Wildlife Refuge earlier this week. Highway 73 was shut down in both directions due to the wreck.

Aside from the toll the injuries will take on those involved in the wreck, an accident of this scale has the makings of an insurance claim nightmare.  With nearly 50 vehicles involved and poor visibility it will likely be very difficult to determine what vehicles collided, how and who is responsible for what person’s damages.

Tammy Rhoades was driving home from her birthday celebration last night (Sunday January 2, 2012) when she was struck and killed by a driver who was subsequently arrested and charged with intoxication manslaughter. Ms. Rhoades had apparently pulled over to offer help to a motorist who was stranded on I-45 near FM 3083. The stranded driver had got a flat tire in a construction zone in Conroe and was stopped in a moving lane of traffic: Tammy Rhoades pulled in behind him and turned on her emergency flashers. The third driver, 21-year old Tyler Shelton, then crashed into the rear of Ms. Rhoades’ vehicle with such force that the rear seat was crushed forward into the front seat. Shelton has been charged with intoxication manslaughter. Police advise any motorist who gets a flat in the Conroe construction area to keep driving on the bad wheel until they are able to pull over in an area away from the travel lanes. Tammy Rhoades was from Willis, Texas and had been celebrating her 45th birthday. Channel 13’s report did not indicate whether the driver in the first car with the flat tire was injured. The Houston Chronicle’s story on the deadly accident is here.

The Montgomery County Police Reporter provides a detailed account of the accident, including that Tammy Rhoades was driving a Pontiac Grand Am and that Tyler Shelton was driving a black colored Chevrolet pickup. Apparently after the collision Shelton fled the scene in his heavily damaged pickup. When interviewed by police Shelton offered the explanation that a fourth vehicle, a white colored pickup, struck Ms. Rhoades’ vehicle first forcing her car into his lane, at which time he was unable to stop and struck her vehicle himself.

It is a real tragedy that Ms. Rhoades’ act of kindness toward a stranger cost her life.

Following close in time to the funeral procession crash that seriously injured Pasadena Police Department Sergeant Matt Novotny comes another car versus motorcycle collision that has injured a Patton Village Police Department motorcycle officer, also escorting a funeral. According to a report from Houston’s Channel 11 News, the officer’s motorcycle was clipped causing him to lose control of his motorcycle and fly into the back windshield of another vehicle. The officer was struck by the vehicle in the 12800 block of Cullen at around 12:45pm: the officer was transported to Memorial Hermann Hospital with non life threatening injuries. The accident happened on 12/23/2011.

Suspected drunk driver Jose Meija got some silver-colored bracelets courtesy of HPD on Christmas morning when he failed to yield the right-of-way when turning left and crashed into a HPD police cruiser. The wreck happened at the intersection of Beechnut and Maplecrest around 4:30am on 12/25/2011. After colliding with the police car Meija’s vehicle hit a curb and ran over a stop sign. Fortunately the officer was wearing his seat belt and reportedly sustained minor injuries. Meija has been charged with driving while intoxicated.