Houston Personal Injury Attorneys – Smith & Hassler

Second year law student Halley Catherine Shaw was tragically killed the night of Tuesday October 18th by a hit-and-run driver and according to the Houston Chronicle a man who may be connected to the wreck turned himself in Wednesday. The man walked into the office of the Precinct 6 Harris County Constables who then turned the man over to HPD. Halley attended Texas Southern University Thurgood Marshall School of Law. She died late Tuesday night when a Nissan Altima in which Halley was riding as a rear seat passenger was struck by a car that ran a red light while trying to evade police. Two other people in Halley’s vehicle were injured in the wreck and taken to Memorial Hermann Hospital: one of those passengers is also a second year student at Thurgood Marshall Law School. The passenger in the fleeing vehicle remained at the scene but the driver fled on foot before police were able to apprehend him. Halley’s many law school friends erected a monument at the scene of the accident. A Channel 13 News story identifies the suspect as 17-year old Daniel Garcia Palacios.

Halley Catherine Shaw died tragically while riding in the rear seat of this Nissan Altima

A FOX News article uses the tragic death due to (alleged) drunk driving of 22-year old victim Daniel Rangel to remind Houston drivers of important safety practices in the event of a breakdown on the freeway. Daniel was driving in his Suburban on the North Freeway Friday night when the truck broke down at West Mount Houston Road. Miriam Carillo, Daniel’s girlfriend, was riding with him. Another vehicle pulled up behind Daniel’s Suburban but when Daniel got out, the vehicle then sped away. Moments later 36-year old Michael Flores crashed his pickup truck into the back of the Suburban, knocking Daniel (who was standing in front of the Suburban) off the overpass onto West Mount Houston Road. Michael Flores attempted to flee the scene but was caught by police. Daniel was praised by family members as very responsible and a hard worker: he worked as a cook at Ruggles Restaurant and also in housekeeping at the Houston Museum of Natural Science.

According to Houston police, DWI wrecks are down to 1,440 compared to 1,611 last year this time. Safety experts say that if your car stalls on the freeway you should put up the hood, turn on your flashers and the interior lights if it is nighttime, call someone to pick you up as soon as possible and never attempt to cross the freeway.

Driving While Intoxicated (DWI) car accidents seem to happen every single night in the Houston area and throughout Harris County.  Sadly Harris County Texas ranks among the highest counties in the nation for drunk driving fatalities anddrunk driving accident injuries year after year.  Drunk driving car accidents often create even more complications for the victim than a regular car accident: insurance companies usually won’t pay a claim or provide a rental car until they speak to their insured driver and get their version of what happened. The insurance companycan’t do that if their insured was charged with DWI and is in jail. Call Smith & Hassler if you have been injured by a drunk driver’s gross negligence and ask for speak to one of our personal injury attorneys right now.  Smith & Hassler aggressively pursues claims against drunk drivers.

34-year old Allen Kwan has been charged with intoxication manslaughter in connection with the death of a construction worker Sunday October 16, 2011. Kwan was speeding through a construction area on Interstate 45 near Crosstimbers at around 3:00am while driving a silver-colored Infiniti G35. He veered to his left and hit a 33-year old construction worker, killing him.  The name of the construction worker has not yet been released: he was employed by Angel Brothers Enterprises, Inc. located in Baytown. Allen Kwan was charged after being pulled over and given field sobriety tests.

Channel 2’s story on this drunk driving fatality is available here and indicates that Kwan had a passenger riding with him, and that Kwan swerved to his right before the collision. The story also indicates that the construction worker was shoveling loose asphalt onto a newly paved area when he was struck by the Infiniti. FOX News’ story is here.

Construction Worker Hit, Killed on I-45 North: MyFoxHOUSTON.com

The 18-wheeler involved in the deadly crash at the North Sam Houston Tollway toll booth has been identified as belonging to Penske Truck Company. The driver of the 18-wheeler died along with the driver of a Ford Explorer waiting at the toll booth when the big rig crashed into a low wall at the toll plaza, then landed on the Explorer and burst into flames. The names of the drivers have not been released pending positive identification by dental records. Investigators are saying it is possible the truck driver fell asleep before the early morning crash or may have experiences a medical condition. Toxicology tests will be used to rule in or out drugs or alcohol playing a factors in the wreck. While the toll booths do have cameras the crash was not captured on video. An accident eyewitness named Casey Cain watched the tragic accident happen and captured video on her mobile phone, which can be viewed on Channel 13’s web site here. The video shows both vehicles completely consumed by fire. In a Channel 13 report on the tragedy, Chief Randy Johnson with the Harris County Precinct 6 Constables indicated that the big rig driver was traveling at least 45MPH and was not even lined up with a toll lane that the 18-wheeler could have fit through, suggesting that the big rig driver may have fallen asleep prior to the crash. The same article reports that the rig was registered to Penske Trucking out of Dallas, was rented to a customer who leases from them and that the driver involved worked for Penske‘s customer. What a terrible loss for both families.

Two drivers were tragically killed last night when an out of control 18-wheeler struck a toll booth at North Beltway 8 near Veterans Memorial. A Channel 2 News story reports that, according to the Harris County Toll Road Authority, a car was waiting at a toll booth paying a toll when the big rig hit the toll booth, lost control then landed on top of another car before bursting into flames. A story by the Houston Chronicle states that the deceased motorists are the driver of the 18-wheeler and the driver of the car that was waiting at the toll booth when it was struck by the big-rig. Investigators are working to determine what caused the 18-wheeler driver to loose control of his truck. Channel 11 reported on the deadly crash here.

There is a reason 18-wheelers, otherwise referred to as big-rigs, are heavily regulated by the federal government.  Because large trucks massively outsize and outweigh passenger cars there is great potential for 18-wheeler accidents to cause serious injury or death to other motorists.  The Federal Motor Carrier Safety Regulations (FMCSRs) require that inter-state 18-wheeler operators carry at least $750,000 of liability insurance. Depending on the loads they are hauling they may be required to carry up to $5 million in insurance. Many truck drivers are diligent and professional and take safety very seriously.  Unfortunately some truckers or their companies do not however, and over more than 20-years of practice Smith & Hassler has seen many examples or distracted, tired or overworked truck drivers hurting or killing others.  Getting professional legal representation as soon as possible after a truck accident is critical.  The trucking company and their insurance company will move quickly to do their own investigation in an attempt to avoid or shift blame.  Call or email Smith & Hassler as soon as possible after your trucking accident, and don’t speak to the insurance company representatives before you do.

A crash early this morning has left one man dead and two others injured. The crash happened on Houston’s Gulf Freeway at around 12:30am. The driver of a red-colored Chevrolet or GMC pickup truck was traveling on the Gulf Freeway at Woodridge when he lost control of his struck and struck the center median. Another motorist pulled over to assist the driver of the crashed pickup truck, and the pickup driver was using the other motorist’s cell phone when another vehicle crashed into both the wrecked pickup truck and the Good Samaritan’s vehicle. Sadly the pickup truck driver died at the scene, the Good Samaritan who stopped to help was transported to hospital with reportedly minor injuries and the driver of the vehicle that crashed into the stopped vehicles was taken to hospital with serious injuries.

Channel 11’s report is available here and include video. Channel 2’s story is here, and this story identifies the vehicle that crashed into the already stopped vehicles as a Toyota Avalon. Channel 13’s story is here, and lists the Avalon as bring black in color. The Houston Chronicle’s story is here, and states there is no indication of alcohol involvement.

In September 2011 Smith & Hassler filed a personal injury lawsuit in Harris County Civil District Court against a Houston man insured with Empower Insurance. The lawsuit relates to a four vehicle collision earlier this year. The driver insured by Empower Insurance, driving a Chevrolet Suburban, made a right turn on a red light at an intersection without stopping first to make sure the intersection was clear. The Empower insured caused a collision with another vehicle (“vehicle 2”) lawfully traveling through the intersection on a green light. Vehicle 2 then collided with two more vehicles waiting at a signal to make a left turn (“vehicle 3” and “vehicle 4”). The major crash was investigated by the police who issued a citation to the Empower insured and found him at fault for failure to yield the right-of-way. Smith & Hassler’s clients were in vehicle 4, at a complete stop and waiting to make a left turn when they were struck by vehicle 2. The injured clients are two adult females, an adult male and a child.

One of the adult females represented by Smith & Hassler went through physical therapy for a shoulder injury and when her condition didn’t improve, she was sent for an MRI of her shoulder that revealed a full thickness rotator cuff tear, a condition that typically requires surgery to repair it. She was seen by a board certified orthopedic surgeon who recommended a surgery on her shoulder to repair the torn tendon. The anticipated cost of the surgery was approximately $30,000.

Smith & Hassler attempted to settle these clients claims with Empower Insurance without having to resort to a lawsuit. Empower was sent the clients’ medical records, medical bills and in the case of the client with the rotator cuff tear they were also provided with her MRI film on CD-ROM. In addition to the approximately $13,000 in medical bills she had already, she was also facing the $30,000 cost of the shoulder surgery. Empower Insurance responded with a settlement offer of $11,000…not even enough to cover the past medical bills.

The lawsuit against the Empower Insured was filed within 14-days of the unfair settlement offer. Empower Insurance is based out of Fort Worth, Texas: you can read reviews of them online here: the reviews speak for themselves.

The main lanes of the Gulf Freeway were shut down this morning during rush hour due to a vehicle crash and fire. Two vehicles wrecked on the inbound lanes of the Gulf Freeway at around 6:15am near Telephone Road. One of the vehicles, possibly a motorcycle, burst into flames. Injuries were reported, but specifically what isn’t known at this time. The scene was cleared within about an hour but traffic backed up for miles.

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.

Houston’s rush hour abruptly ground to a halt for many motorists this morning when all westbound lanes of Beltway 8 were shut down for about an hour due to an eleven vehicle wreck at Aldine Westfield. A motorcyclist may have been involved in the collision. Channel 13’s very brief report of the accident is here and Channel 11’s report is here.

Car accidents commonly result in medical bills, lost income from work and a period of time after the accident when the injured person is in pain and is impaired from performing their normal activities. Texas law allows a person injured in a motor vehicle accident by another’s negligence to seek recovery of money damages.  Speaking to an experienced Houston personal injury attorney early in the process can make the difference between a relatively straightforward claim under the other driver’s insurance policy and a real nightmare.  Insurance companies will deny or undervalue claims if they have a reason to.  Smith & Hassler’s trial-tested Houston personal injury attorneys will provide you with a free consultation regarding your motor vehicle accident injury claim: call now or submit your case online.

At around 9:00am this morning there was a collision between a dump truck and a MetroRail train at the intersection of Main and Capitol in downtown Houston. According to a Channel 11 story on the crash, the train became derailed when the dump truck, heading west on Capitol, ran a red light and caused the collision. A total of 15 people were taken to Ben Taub and St. Joseph’s Hospitals, including the drivers of the MetroRail train and the dump truck. The dump truck reportedly came close to crashing into Ziggy’s Bar & Grill: according to police the dump truck driver said he couldn’t see the red light because he was blinded by a reflection. According to METRO the dump truck driver was not affiliated with METRO, but he was delivering a load of sand to a METRO subcontractor that was working on the light rail line. FOX News’ coverage of the story is available here. Channel 13’s coverage, including video, is available here.

Unsure of how to handle an insurance claim for personal injuries you have suffered in a car accident?  Don’t rely on the insurance adjuster handling your claim for advice…they have a conflict of interest! The less adjusters pay on injury claims, the more profitable their company remains. Insurance adjusters want to settle automobile accident injury claims as quickly as possible so they can cut-off the insurance company’s liability for additional medical bills and close their file.  Since Smith & Hassler was founded in 1989 by Michael Smith and Al Hassler, this law firm has practiced exclusively in the area of personal injury and has handled thousands of car accident injury cases.  Call Smith & Hassler for a free consultation AS SOON AS YOU CAN AFTER YOUR CAR ACCIDENT—get advice from someone with your best interests at heart.  There is no charge for an initial consultation with one of our personal injury attorneys.

Dump Truck Derails METRORail in Downtown Houston: MyFoxHOUSTON.com