Houston Personal Injury Attorneys – Smith & Hassler

If you’ve been involved in an automobile accident with another driver, once the adrenaline wears off and the dust begins to settle your first worry probably is: “Does the other driver have insurance?”  That is a very serious concern in the State of Texas, where recent estimates are that of the 20 million vehicles in Texas, roughly 22 percent are uninsured (even though the penalties for driving without insurance can be harsh).  That means on a state-wide level you have a 1 in 5 chance of being in a collision with an uninsured driver! TexasSure is the State of Texas‘ vehicle insurance verification program and was created by the Texas Departments of Insurance, Public Safety, Motor Vehicles and Information Resources as a system to help reduce the number of uninsured motorists.

These agencies have created a database that links every vehicle registered in Texas by its license plate, Vehicle Identification Number (VIN) and liability insurance policy. Law enforcement officers can access the database, including at the scene of a car accident by using the computer in their police cruisers, to verify the insurance status of any registered vehicle. Put another way: the police can check at the scene of a collision to see if the drivers involved have valid liability insurance.

The number of uninsured vehicles varies by Texas county.  The TexasSure web site publishes statistics on the number of registered vehicles that are not matched to a liability insurance policy in each county. As of the date of this blog post (02-03-2011) the most recent uninsured motorist statistics were released on 12/06/2010. Harris County, which encompasses the City of Houston, has 2,775,042 registered vehicles, of which 672,384 are not matched to liability insurance, meaning 24.23% of registered vehicles in Harris County are uninsured. That’s a scary, scary statistic! In Montgomery County the percentage is lower at 17.74% uninsured. In Galveston County, 18.52% are uninsured. In Fort Bend County, 16.98% are uninsured.

What you can do to protect yourself from the cost of the damage and injuries caused by uninsured drivers: Obviously the fairest solution of all would be for everyone driving on Texas roads to be responsible and carry the automobile liability insurance Texas law requires.  Unfortunately and despite the best efforts of law enforcement, that isn’t about to happen any time soon.  There is something that you can do TODAY to ensure you are protected from the damage that an uninsured motorist can cause in a car accident, including damage to your vehicle, lost wages and medical bills. Check your own automobile insurance policy to see if you have either of two types of coverage: Personal Injury Protection (PIP) or Uninsured Motorist coverage (UM). Personal Injury Protection is a no-fault (it doesn’t matter whose fault the car accident was) benefit that can cover medical bills and lost wages. The minimum PIP coverage is $2,500, the next step up is $5,000 and the next step up is $10,000 (and some people carry more than that). PIP is not very expensive to add to your policy.

Uninsured motorist (or “UM“) coverage allows your own insurance company to “stand in the shoes” of the uninsured motorist who caused the accident. Your insurance carrier will evaluate your injury claim just as if they insured the other driver, and will make a settlement offer based on your medical bills, lost wages, injuries, physical pain, mental anguish, physical impairment, disfigurement, anticipated future medical costs and other factors that should go into evaluating an injury claim. The minimum UM coverage you will have on your policy is $30,000 (if you have UM).

Smith & Hassler has all too often seen the financially devastating consequence of car accidents and personal injury (and even death) where an uninsured motorist causes a car accident, and the victim of the car accident does not have PIP or UM. Smith & Hassler strongly recommends that EVERYONE check their automobile insurance policy or speak to their insurance agent to find out if they have PIP or UM coverage. If not, we absolutely recommend that in the City of Houston, in a county with almost 25% OF DRIVERS UNINSURED you take out UM and PIP coverage to protect you and your family. If you have been in an accident with an uninsured motorist, you can call Smith & Hassler today and speak to an attorney for a free consultation.

February 1, 2011: Missouri City police are reporting that a driver died late Tuesday evening when his car left the roadway and crashed into a lake. The accident happened along Crow Valley Road near Glen Lakes. When emergency responders arrived the car was still afloat in the lake but the water was too cold for firefighters to enter; the car was submerged by the time dive teams arrived. Police said that Lionel Williams’ body was recovered from the water. The cause of the crash is under investigation.

Consumer advocacy group Texas Watch posted a story online today with the headline “Alert: Farmers Insurance takes over Texas capitol.  According to the Texas Watch article, the Farmers Insurance bus (which is uses as a mobile claims center) was being used as a prop to lobby Texas legislators to look favorably upon the insurance industry in Texas. Texans pay the highest rates for homeowner’s insurance in the United States. Farmers, which is the third largest homeowner’s insurance policy writer in the country, has issued notice of a rate increase in Texas set to take effect next month.

It has been the recent experience of Smith & Hassler that Farmers Insurance has decided to take a “hard line” on personal injury claims made under its automobile insurance policies.  Put another way, Farmers made the decision about a year or so ago that it was going to save some money by paying less on automobile injury claims. This equates to a win for Farmers Insurance (paying less on claims means higher profits) but a loss for Farmers Insurance‘s own policyholders (who increasingly are finding themselves being sued over car accidents when Farmers won’t make a reasonable effort to settle a claim) and injured motorists (who are forced to undergo the time, expense and frustration of a lawsuit in order to recover their damages).  This really is a shame, Farmers Insurance actually used to be a fairly reasonable carrier to deal with, but have decided they would rather take lessons from the notorious Allstate Insurance whose injury claims practices are legend.

Farmers Insurance mobile claims center bus parked outside the Texas capitol

Harris County District Clerk Chris Daniel is warning Harris County residents of an identity theft scam.  Identity thieves are calling Harris County residents and asking for social security numbers while pretending the information is needed in furtherance of Harris County jury service. A press release from the District Clerk says that the would-be thieves threaten people for failing to report for jury service. Daniel said that similar schemes have been attempted in Harris County in the past, and he reminded residents never to give out personal identifying information such as social security numbers. Jury room staff will never contact prospective jurors and ask for sensitive information over the phone or by email.

A new study has found that red light cameras help reduce the frequency of red light running and intersection car crashes. The Insurance Institute for Highway Safety is releasing a study on Tuesday February 1, 2011 reporting that camera have reduced fatal crashes by 24 percent in 14 large cities where red light cameras were introduced between 1996-2004. The IIHS President Adrian Lund says the study is proof that red light cameras work, and credits them with saving hundreds of lives. On the other hand the National Motorists Association Executive Director Gary Biller questions the validity of the IIHS‘s finding that red light cameras have saved lives.  He says there are cheaper alternative to red light cameras, including longer yellow lights.  He also says that there are studies showing that red light cameras actually increase car accidents.

Click here to go to the IIHS study on red light cameras and car accidents.

City of Houston voters narrowly passed a proposition in the 2010 mid-term elections that disbanded Houston’s red light camera program.  The unfortunate (but predictable) effect of the proposition passing is that our already cash-strapped city has been deprived of millions of dollars a year in revenue. While nobody wants to get an expensive ticket for running a red light that may cause their car insurance premiums to increase, there is a more simple solution to avoiding a ticket than disbanding the red light camera program: JUST DON’T RUN THROUGH RED LIGHTS!

IIHS shows red light cameras effective in reducing car crashes

A Harris County jury awarded the family of 21-year old Oscar Alfredo Gomez $1,400,000 in a wrongful death lawsuit filed against Republic Waste Services. Republic Waste filed an appeal of that award based on an unusual legal argument: that Gomez was an illegal immigrant from El Salvador and that the jury should have heard evidence of his immigration status during the trial. Republic‘s appeal claims that Gomez’ immigration status should have been a factor in the calculation of Gomez’ family’s loss of his future lost income. Attorneys handling the appeal for Republic Waste claim that Gomez probably would have been detected and deported during an Immigration and Customs Enforcement (ICE) raid of Republic‘s Houston office that took place two weeks after Gomez died.  As such, argued Republic Waste‘s lawyers, Gomez’ future lost income should have been calculated based on his likely annual wages in El Salvador ($1,000/year) versus his wages working in Houston ($33,000/year).

The First Court of Appeals disagreed with Republic‘s argument and in a January 20th opinion said that the trial court correctly exercised its discretion in not allowing the jury to hear evidence of Gomez’ immigration status.  The appeals court said that Republic‘s claim that Gomez would have been deported in the raid was “speculative” on Republic‘s part.

Gomez was killed January 15, 2007 when he was run over by a garbage truck driven by another Republic Waste employee. After his death Republic discovered Gomez had falsified his immigration paperwork and used another person’s social security number to get the job. The lawsuit against Republic was filed by Gomez’ common law wife who lives in Houston with their daughter and by his father who lives in El Salvador.  The driver of the trash truck that killed Gomez and Republic Waste were sued. The jury found in favor of the Gomez family and awarded $1,400,000 which included $1,275,000 for future lost wages.

People living in and around Houston are hardy and active folks, but Texans, along with the rest of America, are getting older. It’s not uncommon for a healthy older person to need a joint replacement. Hip replacements and other common procedures can allow a Texan to maintain a good quality of life.

Hip replacement, no doubt, is a big business. Unfortunately, companies sometimes rush an untested product into the marketplace. The consequences of such negligence can be devastating. Hip implant defects have caused significant injuries in patients, or prompted the need for a second, revision surgery that puts the patient at risk.

Recently, DePuy Orthopaedics Inc. announced a recall of two hip implant devices, which has given rise to product liability lawsuits. The devices, recalled in August 2010, caused some patients to experience problems, including:

• Loosening of the implant
• Bone fractures around the device
• Dislocation of the implant’s ball and socket in some cases

Some patients had to under another hip replacement surgery. The defective hip implant device also can produce metal shavings that can irritate the area around the implant or get into the blood stream. It’s possible that the metal shavings may lead to heart failure or dementia in some patients.

If you received a hip implant since 2003, it’s a good idea to get in touch with your doctor for an evaluation. DePuy’s products were introduced in 2003 and 2004. The company’s defective hip implant products are the DePuy ASR Hip Resurfacing System and the DePuy ASR XL Acetabular System.

Another hip replacement device that was subject to a recent recall is the Zimmer Durom Cup, a hip component that is inserted into people undergoing total hip replacement surgery. The Zimmer Cup (technically the Zimmer Durom Acetabular Component) was recalled in 2008 because some patients required additional surgery after the unit failed to properly bond.

If you have experienced any pain or side effects related to a hip implant defect, we recommend contacting an experienced attorney. You may be entitled to compensation.

Some patients who have been implanted with DePuy may be contacted by a company representative. It’s crucial that you discuss your specific case with an attorney before accepting any compensation. You may be entitled to additional compensation for your losses.

The Houston lawyers at Smith & Hassler know how to fight for the rights of hip implant defect victims. Our lawyers have years of experience and many resources to help you pursue a successful claim. Call us today for a free consultation at 1-877-777-1529. We are committed to helping clients get the results they need – and deserve.

January 29, 2011: A driver heading the wrong way on I-10 in Houston was killed early Saturday he took a wrong turn and crashed into with another vehicle on an I-10 exit ramp. Police say a red-colored Chevrolet pickup truck was traveling the wrong way on the I-10 exit ramp for U.S. 90 around 1:30AM when the pickup collided with a white-colored Chevrolet Equinox SUV. The pickup truck caught fire, killing the driver. The SUV driver sustained serious leg injuries and was transported to hospital.

If you have been injured due to the negligence of another, call Smith & Hassler at 1-800-WIN-WIN1 or 713 739 1250 and ask for a free consultation with our experienced Houston personal injury attorneys. We’d be glad to give you an analysis of your potential claims and discuss the insurance claims process with you.

January 30, 2011: A southeast Houston woman has died after her husband accidentally drove into her as she stood in their garage on Saturday afternoon. The couple was in their 60’s and had been married for over 30-years. They were pulling into their driveway around 3:30PM when they opened their door and their dog got out, according to Houston Police Department sergenant J.K. Richard with the vehicular crimes division. The woman got out of the couple’s Infiniti SUV and corraled the dog back into the garage as her husband pulled in.  The husband’s foot slipped on pedals and he accidentally hit the gas instead of the brake, causing the vehicle to surge forward and pin the woman between a refrigerator and the SUV, before continuing on and crashing through the back wall of the garage. Paramedics transported the woman to Memorial Hermann Southeast where she later died. The couple’s house is in the 16400 block of Hickory Knoll Drive in Houston.

Saturday January 29, 2011: Houston police responded to a call for service at around 4:00AM to the Delmar Apartments in Houston on the Gulf Freeway when someone reported seeing men stealing car license plates. When officers arrived at the scene they asked the men to provide identification, which they agreed to do, but then the men jumped into a pickup truck and fled. Police chased the men for a few miles up the Gulf Freeway: the passenger in the pickup truck bailed out and narrowly missed being hit by a car. He was quickly arrested by police.

The driver kept going and crashed into another car on the freeway. The driver exited at Broadway Street and the chase came to an end when the driver blew out a tire because he either hit a curb or rear-ended another vehicle. The driver claimed a leg injury and he was immediately arrested. The men, whose names have not been released, are facing criminal charges including felony evading.

Ironically the chase appears to have come to an end right outside a Progressive Insurance office:

HPD chase on the Gulf Freeway ends with car accident and injuries