Houston Personal Injury Attorneys – Smith & Hassler

Today HB 274 was passed by a 96 to 49 vote in the Texas house of representatives. The bill, which has come to be known as “loser pays,” was a top priority of Texas’ governor Rick Perry and the influential lobbying group Texans for Lawsuit Reform. The issue of tort reform is such a priority for Governor Perry in fact that he declared it a legislative emergency last week, bumping HB 274 to the top of the list and allowing legislators to pass it more quickly. It is interesting that Gov. Perry considered tort reform an emergency matter at a time when Texans are facing a state budget crisis, profoundly affecting (among other things) schools’ budgets for hiring new teachers. Over the weekend the speaker of the house temporarily suspended the house rules, allowing the Republican supermajority to pass HB274 without any debate or amendment (though some debate and a number of amendments took place today before the bill was passed).

The next step for HB274 is on to the state senate. Texas has 31 senate seats, of which 19 are currently held by Republicans and 12 by Democrats. The bill makes it harder for Texans to bring civil lawsuits, and the “loser pays” provision may put a Plaintiff in a lawsuit on the hook for the Defendant’s legal costs, including attorneys’ fees…even if the Plaintiff wins the lawsuit at trial. Supporters of HB274 claim the law will cut down on frivolous lawsuits, opponents say legitimate lawsuits will be discouraged because people with a legal claim will be afraid to file suit in case they lose and are liable for the other side’s attorneys’ fees.

Under HB274, if a Plaintiff takes their lawsuit to trial and the jury awards the Plaintiff less than 80% of the amount of the Defendant’s settlement offer, the Defendant could collect from the Plaintiff their litigation costs, including attorneys’ fees, even if the amount of those attorneys’ fees are greater than the amount awarded by the jury.

Here’s an example: Paul Plaintiff is rear-ended at a stop light by Dan Defendant, a driver who had been drinking.  Paul Plaintiff has $5,000 in past medical bills and Paul’s doctor tells Paul he needs a $20,000 knee surgery to treat his injuries from the accident. Paul files a lawsuit seeking $25,000: his past medical bills and the cost of the knee surgery Paul needs. Dan Defendant’s insurance company offers Paul $15,000 hoping he will take it and give up and go away.  Paul can’t accept $15,000 because that’s not enough to pay for his knee surgery.  The case goes to trial and the jury awards Paul $11,000 because the defense attorney does a good job convincing the jury Paul’s knee problem might be from a 12-year old soccer injury. The defense attorney hired an orthopedic surgeon who routinely testifies on behalf on insurance companies to come to trial and testify and pays the hired expert $10,000 for his time. Dan Defendant’s attorney, the attorney’s junior associate and their paralegal have billed $15,000 taking the case through trial.  Because the amount the jury awarded Paul Plaintiff ($11,000) is less than 80% of the insurance company’s offer ($15,000), Paul Plaintiff now has to pay Dan Defendant’s $25,000 in legal expenses.  Paul Plaintiff gets an $11,000 credit for the amount the jury awarded, but Paul still owes Dan $14,000…for being rear-ended at a stop light by a drunk driver.

Does that mean Paul Plaintiff’s lawsuit against Dan Defendant was frivolous…or brought in bad faith? Of course not. But in terms of Paul’s liability for Dan’s litigation expenses, the justness of his claim doesn’t matter. And that’s HB274 in action folks.

If you don’t like HB274 and you don’t think it should be the law in Texas, contact your state senator while you can. Here is a link to a web site that allows you to enter your address: it will tell you who your state senator is and will allow you to send them a letter via email.

News Channel 11 is reporting a tragic accident at a family home on Friday May 6, 2011. One year old Davon Reese’s grandfather accidentally ran over Davon with his Lincoln Navigator in the driveway of the family’s home at around 3:30pm in the 18000 block of Desert Marigold. Apparently the grandfather had no idea he had struck the child as he was leaving to pick up another child: he learned of the accident when he returned. The child was transported to Houston North West Hospital where he was pronounced dead on arrival. The report indicates there was some confusion among family members about who was taking care of Davon at the time of the accident. Paramedics tended to the grandfather at the scene, who was extremely distraught over what had happened. ABC News’ story is here.

Deputies said a man was driving his car at a high rate of speed early Thursday morning when he lost control and veered off the side of the road, ran part way into a ditch, struck a concrete culvert and his car became airborne. The single vehicle car accident happened on Clay Road at Greenhouse at around 12:30am.  The man’s friend was following him in another vehicle and told law enforcement that the two had just left a bar at Clay Road and Highway 6 shortly before the collision. After going airborne the car hit an electric pole and landed on its side in a ditch. Rescue crews had to extract the man from inside his wrecked vehicle after which he was airlifted to Memorial Hermann Hospital in serious but stable condition. KHOU’s story is here.

The Houston Chronicle and Click2Houston.com are reporting a two-car rear-end collision on I-10 early this morning, Wednesday May 4, 2011. The deputy constable had pulled over another motorist on I-10 when a car carrying two passengers slammed into the back of her patrol car. The wreck happened around 3:00AM on I-10 near Gessner according to HPD. The deputy, whose name has not been released, was rushed from the accident scene to Memorial Hermann in the medical center: specifics regarding her injuries were not available. The officer was sitting in her stopped patrol car when she was struck. The car originally stopped by the deputy was pulled over for a tail light defect. The cause of the accident is under investigation, but the driver of the car that hit the deputy is suspected of drunk driving.

Damage to a precinct 5 deputy constable's patrol car, rear-ended on I-10 by a suspected drunk driver

If you or a loved on have been victimized by an automobile accident, motorcycle accident, pedestrian accident, bicycle accident or truck accident caused by adrunk driver, call the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation. The earlier in your case you call, the better: theinsurance company will want you to settle for a small amount as early as possible and have you sign a release. This will limit the insurance company’s liability and prevent them from having to pay more later. Smith & Hassler’s personal injury attorneys have aggressively represented injured people in the Houston area and throughout Texas for more than 20-years, including bereaved family members bringing wrongful death lawsuits.

The Houston Chronicle is reporting that a woman crossing Westheimer near Dunvale was fatally struck by a car the afternoon of Thursday April 28, 2011. The accident happened around 2:00PM. The pedestrian was pronounced dead at the scene and the driver who struck the pedestrian waited for police. HPD said that the fatal accident remains under investigation. The photograph below appears to show the deceased pedestrian on the vehicle’s roof.  Click2Houston.com has reported on the same incident however the Click2Houston article identifies the pedestrian as male and states the man had been shopping at Wal-Mart immediately before the accident, then he was struck when attempting to cross four lanes of traffic not at an intersection.

A female pedestrian was fatally struck by a car on Westheimer

After a single car accident on FM1960 near Possum Park, the driver of the badly wrecked vehicle was transported via life flight and the scene was cleared by emergency crews. 13 hours later a father went looking for his missing son and made a tragic discovery: his 23-year old son’s body in nearby woods, 172 feet beyond the point of impact of the crash. This was apparently a very severe crash: the vehicle hit a ditch, hit two poles and then became airborne. The roof of the vehicle was ripped off and the driver was ejected into a parking lot. Atasocita Volunteer Fire Department Assistant Chief Mike Mulligan explained that they responded to the crash at 2:30am and there were no witnesses: on their arrival the driver was unconscious and he said there was no indication of a passenger. The driver of the vehicle died in hospital at around 6:30AM, both men were only 23-years old. The cause of the crash is under investigation, and it appears excessive speed or alcohol use may have been a factor.

During demolition of the historic Flagship Hotel in Galveston yesterday a worker was pinned under debris when part of the hotel collapsed on him. Sadly that worker whose name has not yet been released has since died due to his injuries. The collapse happened at the north end of the hotel structure at around 3:40PM yesterday, Tuesday April 26, 2011. Around 75 percent of the second floor area that was being worked on fell to the first floor area below. Firefighters using the jaws of life had to rescue the worker who was pinned beneath 1,000 lbs of concrete and rebar material. It took emergency workers about 20 minutes to rescue the man.  The historic hotel was damage during Hurricane Ike and has been out of commission since then.  Demolition has been halted to allow an investigation into the death.

If you have lost a family member due to the negligence of another, contact the wrongful death attorneys at Smith & Hassler. In the more than 20-years Smith & Hassler has existed in the Houston area, the Smith & Hassler firm has handled many wrongful death cases from 18-wheeler accidents to food poisoning incidents and we understand the special attention wrongful death cases require. You can arrange a free consultation with a Smith & Hassler Houston personal injury attorney for your wrongful death claim, either in-person or by phone.

There have been new developments in an accident between a private school bus and a pickup truck driven by an HPD officer previously reported on Smith & Hassler’s blog. Click2Houston.com is now reporting that HPD sergeant Ruben Trejo, age 46, was almost 3 times the legal limit for driving while intoxicated at the time of the crash. A mandatory blood draw performed on Sgt. Trejo at the hospital showed a blood alcohol content of .20 – the legal limit for intoxication under Texas law is .08. HPD officials have said that Trejo was relieved of duty on Friday as HPD investigates “criminal activity.” DWI charges were filed against Sgt. Trejo on Monday afternoon.  Sgt. Trejo was in uniform but off duty and on his way to begin his regular shift when the collision occurred.

If you or a loved on have been victimized by an automobile accident, motorcycle accident, pedestrian accident, bicycle accident or truck accident caused by a drunk driver, call the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation. The earlier in your case you call, the better: the insurance company will want you to settle for a small amount as early as possible and have you sign a release. This will limit the insurance company’s liability and prevent them from having to pay more later. Smith & Hassler’s personal injury attorneys have aggressively represented injured people in the Houston area and throughout Texas for more than 20-years, including bereaved family members bringing wrongful death lawsuits.

The Chronicle is reporting an automobile versus pedestrian accident that happened around 3:00pm on Monday April 25, 2011 on Clear Valley Drive at Glade Hollow in north Harris County. A teenage driver operating his mother’s car took a corner too fast and lost control, leaving the roadway and hitting two teenagers who were walking on the sidewalk.  The teen driver now faces aggravated assault charges, according to the article. The injured teenagers went from the scene of the car accident to their homes and were then transported by ambulance to area hospitals in unknown condition. According to the article the teenage driver did not have permission to use his mother’s car and after hitting the pedestrians he left the scene but returned later and was arrested. Click2Houston.com’s report of the incident is available here. According to that article, the students had just stepped off a school bus before they were hit by the car, which witnesses report was traveling 70 to 80MPH in a subdivision before it jumped the curb. A witness named Virgil Ford is quoted as saying the teenager was showboating in his mother’s Cadillac. Another witness named Zerrion Mallery claimed his knee was badly injured by a mailbox struck by the speeding Cadillac. According to the Precinct 4 Constable’s office, one victim sustained a broken leg.

A teenager injured by a speeding Cadillac that mounted the sidewalk on Clear Valley

Even at low speeds, a pedestrian versus vehicle collision is no contest and the pedestrian always fares worst. Auto-pedestrian accidents often result in serious injuries such as road rash, broken bones, spinal cord injuries, internal injuries and traumatic brain injuries. If you, a friend or a family member have been involved in a pedestrian accident, remember to document any obvious signs of trauma such as cuts and bruises by taking good quality, well-lit photographs. Keep any damaged clothing. 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 auto-pedestrian accidents for injured clients.

The Houston Chronicle is reporting that Jose Martinez has been charged with intoxication manslaughter in a single vehicle accident on the Sam Houston Parkway that killed Martinez’ passenger Miguel Almaquer. The deadly accident happened around 3:00am in the 6900 block of the East Sam Houston Parkway. Deputies said Martinez was driving northbound on the parkway and when he attempted to exit he veered from the road. At some point thereafter Martinez lost control of the vehicle and struck a concrete retaining wall.

If you or a loved on have been victimized by an automobile accident, motorcycle accident, pedestrian accident, bicycle accident or truck accident caused by a drunk driver, call the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation. The earlier in your case you call, the better: the insurance company will want you to settle for a small amount as early as possible and have you sign a release. This will limit the insurance company’s liability and prevent them from having to pay more later. Smith & Hassler’s personal injury attorneys have aggressively represented injured people in the Houston area and throughout Texas for more than 20-years, including bereaved family members bringing wrongful death lawsuits.