Houston Personal Injury Attorneys – Smith & Hassler

Channel 2 is reporting a fatal auto versus pedestrian accident that occurred this morning. According to investigators Deborah Destin was crossing the Sheldon Road exit ramp on I-10 before 5:00am when she was fatally struck by a car. According to deputies 35-year old William Mason was driving to work and did not see Ms. Destin. Channel 2’s report indicates that Mr. Mason was cooperating with the investigation and it was not expected that charges would be filed against him.

Two people riding on a motorcycle were left in critical condition Saturday as a result of a collision with an SUV.  A man and his female passenger were heading eastbound on Nicar in Houston when an SUV backed out of the driveway of a private residence. The motorcycle was unable to avoid a collision and slid into the side of the SUV. Both people on the motorcycle were transported by ambulance to Ben Taub General Hospital in critical condition; nobody inside the SUV was injured in the wreck. The accident happened on Nicar near Airline at around 9:30pm Saturday August 13th. The driver of the SUV was issued a citation for failing to yield the right-of-way to the motorcycle while exiting the private driveway.

A man and his female passenger on this motorcycle were critically injured in a collision with an SUV

If you have been injured in a motorcycle accident, the experienced personal injury attorneys at Smith & Hassler will review your case for free and advise you of your legal rights, including how the insurance claims process works.

Houston news services are reporting what appears to be yet another drunk-driving fatality on Houston’s roads.

22-year old Jonathan Lacier Davis has been charged with intoxication manslaughter in connection with a terrible crash on the Beltway 8 feeder near Harwin Drive at around 3:00am Thursday August 4, 2011. Davis was driving a Chrysler PT Cruiser southbound on the Beltway 8 feeder when he ran a red light at the Harwin Drive intersection and crashed into a Honda Civic car. According to witnesses the Civic violently spun out, hit a pole and broke in half before catching on fire. The female driver of the Civic was trapped inside her vehicle and was pronounced dead at the scene.

According to investigating police officers Davis had alcohol in his vehicle. Davis’ wife was riding as a passenger in the PT Cruiser – she was taken to Memorial Hermann Southwest in stable condition. The identity of the deceased driver of the Honda Civic has not been released yet.  According to KHOU’s report a witness to the wreck said he observed Jonathan Lacier Davis swerving across all lanes of travel and running numerous red lights to the collision, and in fact spoke to Davis at an intersection immediately before the wreck. This is not Davis’ first brush with the law: he has several prior convictions for drug offenses in Harris County.

Click2Houston.com’s coverage of the Jonathan Lacier Davis wreck is here.
KHOU’s coverage of the Jonathan Lacier Davis wreck is here.
Channel 13’s coverage of the Jonathan Lacier Davis wreck is here.

The female driver of this Honda Civic was pronounced dead after the collision: Jonathan Lacier Davis has been charged with intoxication manslaughter in connection with the 04/02/2011 wreck.

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 and drunk 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 company can’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.

At around 11:00pm on Tuesday August 2, 2011 a Mercedes traveling on the East Freeway near Maxey lost control and skidded off the freeway. The gold-colored Mercedes crashed into another car and then crashed into a power pole, splitting the pole in half. The driver and passenger in the Mercedes was taken to hospital, so was the driver of the second car struck by the out of control Mercedes.

This gold Mercedes lost control on the East Freeway, hit another car then struck a power pole

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 aninsurance 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.

Smith & Hassler filed a lawsuit in Harris County Civil District Court this week on behalf of a Houston couple who were injured in a November 2010 collision caused by a fleeing felon.  The car accident happened as the couple drove through an intersection on a green light.  The at-fault driver, who was traveling at a high rate of speed while being pursued by an HPD patrol car, ran a red light and smashed into the couple’s Ford Explorer SUV, causing the severe damage shown below. The wife riding in the Explorer was 33-weeks pregnant with the couple’s fourth child at the time of the accident and was transported from the scene by ambulance. The insurance carrier for the at-fault driver was offered an opportunity to settle the claim outside of a lawsuit by offering their insured’s policy limit, but declined to do so.

Damage to Smith & Hassler's client's Ford Explorer SUV

You have just been involved in a car accident. Your vehicle is damaged and you are injured. The other driver suggests you just exchange information and that the police don’t really need to be involved. You don’t want to seem like a bad guy but you think a police report might be a good idea.  What should you do?

GET A POLICE REPORT!

Pursuant to Texas Transportation Code Section 550.062, a police officer investigating a motor vehicle accident in the regular course of his/her duty shall make an accident report when the accident resulted in the death of injury of a person OR there was damage to any one person’s property that appears to amount to $1,000 or more. If you call to request police assistance for your car accident, you should state on the phone whether someone is hurt or if there appears to be more than $1,000 in damage to one or more vehicles, you should say so.

A police crash report of the type used by law enforcement officers in Texas records a lot of information. The report will include information about the drivers involved, their insurance information and usually the statements of the parties involved and the officer’s opinion as to who was at fault. Texas law enforcement agencies are now able to determine at the scene of an accident whether the vehicles involved are covered by valid liability insurance. Requesting the police respond to your car accident may help save hours of frustration on the phone later trying to determine if the other driver had valid insurance.

Another benefit of getting a police crash report for your car accident is that it will help reduce the “he said, she said” factor later on. While the other driver may seem remorseful and ready to accept responsibility at the scene, that may change later. Having a police report documents who said what. A police crash report can also document the identities of passengers in your vehicle, the other vehicle and also witnesses who remained at the scene.

Particularly in Houston, the fourth largest city in the United States, police departments are kept very busy and often stretched pretty thin. The prospect of having to wait an hour or more in Houston heat for an officer to respond and make a report may seem miserable, but when compared to the misery of fighting the other guy’s insurance company because there is a dispute about how the accident happened, waiting for a police officer is an hour well spent.

Remember that the officer has up to 10-days from the date of the accident to finalize the crash report and submit it to his/her department. You should do everything you can to get the other driver’s insurance information before you leave the scene, either by asking the other driver for it or asking the police officer to give it to you. Sometimes police officers will tell people that the other driver’s insurance information is in the report: while that may be true, you may have to wait 10-days to get it.

Sec. 550.062.  OFFICER’S ACCIDENT REPORT.  (a)  A law enforcement officer who in the regular course of duty investigates a motor vehicle accident shall make a written report of the accident if the accident resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more.

(b)  The report required by Subsection (a) must be filed with the department not later than the 10th day after the date of the accident.

(c)  This section applies without regard to whether the officer investigates the accident at the location of the accident and immediately after the accident or afterwards by interviewing those involved in the accident or witnesses to the accident.

Channel 13 News is reporting a premises injury to a woman at Wyndham Oaks Apartments located at 2410 S. Kirkwood Road in Houston. Apparently a female resident of the apartments fell asleep while studying in her bedroom for a college exam when the ceiling of her apartment suddenly collapsed in on her. The woman was trapped in the rubble. The Channel 13 News article states that residents on Wyndham Oaks says their ceilings and wall have been cracking for the past six months. Mr. Solomon Sampson, identified in the article as the injured woman’s father, said he had complained about the cracks to the apartment’s management, but the requested repairs were not performed. The woman was rescued from the rubble by the Houston Fire Department and was transported to an area hospital to be treated for her injuries.

The Wyndham Oaks Apartments web site states that the apartments were built in 1978 and remodeled in 2003, and there are 279 units in the property.  The web site also states: “You will find the ultimate resident experience at Wyndham Oaks. This desirable community reflects a tradition of elegant living and creates an atmosphere of serenity enhanced by lush landscaping and dramatic architecture.” Unfortunately the injured woman’s experience appears to have been anything but elegant and serene.

A sleeping woman was injured when her Wyndham Oaks Apartment ceiling crashed down on her

Under Texas premises liability law, a property owner may be liable for injuries to a person occurring on the property if the person was injured by an unreasonably dangerous condition that the premises owner either knew about, or should have known about, and neither warned the injured person about the condition nor made it safe. In this particular case it appears Wyndham Oaks Apartments were informed beforehand of the cracked ceiling and walls, however those conditions were not addressed prior to the ceiling collapse. If you have been injured due to the negligence of a property owner, contact Smith & Hassler for a free consultation with our experienced personal injury attorneys.

Smith & Hassler recently filed suit in Harris County Civil District Court for a Houston woman who fell and sustained a serious injury resulting in her losing the sight in an eye. She fell at her apartment due to a dangerous condition reported to the property management months before her injury occurred, yet the dangerous condition was never addressed.

When people think about a judge they often think of a stern, black-robed figure who does a lot more talking and reprimanding than he does listening (think Judge Chamberlain Haller played by the late Fred Gwynne in My Cousin Vinny). That’s why Harris County jurors find it refreshing to perform their civic duty in the 215^th Civil District Court, presided over by Judge Steven Kirkland.

During a July 2011 event launching Judge Kirkland’s re-election campaign he described his position as Judge of the 215^th as a “job of learning.”  What Judge Kirkland was referring to was the Judge’s continuing role as a student of the law who looks to the attorneys in his courtroom to educate him regarding the specific laws in play in a given case.

Those who have had little exposure to civil lawsuits may imagine a judge to be all knowing, and think it’s the judge’s job to know the law and tell the lawyers what the law is.  Well of course a judge can’t possibly know each and every law and statute in the State of Texas or have instant recall of every appellate opinion or Texas Supreme Court case interpreting the law.  The reality is a judge has to rely on the lawyers involved in a case to research the applicable law and then educate the judge on that law.  Or put another way, part of a Judge’s job is to listen and learn.

Simply put, Steven Kirkland gets that. Judge Kirkland serves the citizens of Harris County efficiently and effectively by expecting the lawyers appearing before him to be prepared, know the law and discuss it with him, all in the interest of keeping the particular case moving along.  This keeps the trial docket moving in the 215^th District Court, which is good for all.

Prior to taking the bench of the 215^th District Court in 2008, Judge Kirkland served as a Judge in the Houston Municipal Court system for 8-years and has presided over 800 plus jury trials in his career, a huge number.  In Judge Kirkland’s view, anyone called for civil jury service in Harris County (whether they end up serving on a jury or not) should leave the experience having learned something about the civil justice system.  If you are called for jury service and find yourself in the 215^th, Judge Kirkland will make sure you understand who’s who, what’s going on and why.

Judge Steven Kirkland will run for re-election as the incumbent judge of the 215^th Civil District Court in November 2012.

Fortunately for Harris County, Judge Steven Kirkland is more of a listener than Fred Gwynne's Judge Chamberlain Haller!

Fox News has issued a brief report on a collision between a silver-colored Dodge Ram pickup truck and a bicyclist near the intersection of Lorraine and Davis in Houston. The accident happened around 1:30am on July 28, 2011. The police account of the accident is that the Dodge Ram pickup hit the cyclist, then struck a red-colored parked car. According to the Fox News report the female driver of the Dodge Ram stated she did not see the cyclist before the collision, however police stated the pickup driver was at fault for the accident.

Silver Dodge Ram pickup collided with a bicyclist before striking a parked car

Parked car struck by the Dodge Ram pickup

The Federal Motor Carrier Safety Administration continually reminds drivers to share the road with bicyclists, but unfortunately that does not always happen.  A bicycle versus motor vehicle accident can yield tragic results. If you, a friend or family member has been involved in a bicycle accident, remember to document injuries such as, scrapes, cuts and bruises by taking good quality, well-lit photographs. Keep any damaged clothing. Secure your damaged bicycle and photograph the damage, particularly any paint transfer from the striking vehicle.  DO NOT remove the transferred paint. You can contact the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation: over our 20-year history Smith & Hassler has successfully handled hundreds of bicycle accidents for injured clients.

July 28, 2011 collision between a Ford Mustang and a Chevy Suburban on the Gulf Freeway

A two-car collision early morning Thursday July 28, 2011 sent two people to the hospital. Channel 11 is reporting that a red-colored Ford Mustang attempted to exit the Gulf Freeway at the 610 Loop South around 1:00am when it collided with a white-colored Chevrolet Suburban SUV. Reportedly drivers of both vehicles were taken to the hospital: the driver of the Mustang sustained a broken pelvis.

A car accident is a very disruptive event for most people.  A damaged vehicle may mean you cannot get to work, grocery shop, take your kids to school or sporting events, and so on.  Injuries may mean you are unable to work, hence unable to support yourself or your family due to lost wages.  And not only are you missing income because you are unable to work, but you now have unexpected debts for medical treatment, sometimes in the tens of thousands of dollars.  Dealing with all of these challenges at once can feel overwhelming, particularly if you have never been involved in an accident before.  If the at-fault driver had insurance, you are probably dealing with requests for information from the insurance company too.  Smith & Hassler firmly believes that the earlier in the process you get sound advice from an experienced personal injury attorney who is willing to listen to you, answer your questions and provide you guidance, the better.  The insurance company will press you early on to give a recorded statement about the accident, your injuries, your medical history and more: don’t do it, the statement is for their benefit, not yours.  You can call or email Smith & Hassler any time for a free consultation on your car accident injury claim.