Houston Personal Injury Attorneys – Smith & Hassler

KHOU is reporting that Houston’s current freezing temperatures are expected to continue. A freeze warning remains in effect for the Houston area and temperatures are expected to dip into the 20’s again today. Along with freezing weather comes the increased likelihood of ice on Houston’s roads and freeways and a greater likelihood of car accidents. KHOU has posted to their web site a list of tips that can help you prepare for a hard freeze, including how to prepare your vehicle.

Ice on the roadways in Houston is a rare event, so most Houstonians have little experience driving in icy conditions. Here are some suggestions on how to drive safely in freezing weather and a short YouTube video demonstrating driving techniques that can help you avoid a car wreck: How to Drive in Winter Weather

Two car accidents over the weekend are being blamed on drivers running a red light.

Two separate car accidents occurred in Southwest Houston on Sunday afternoon just a few miles and a few hours apart. Both resulted in deaths and both are due to red light running, according to police. The first car accident was at around 2:20 PM on the southwest freeway. 52-year old Christopher Hughes was driving a Ford Mustang northbound according to HPD, when Hughes allegedly ran a red light at the West Sam Houston Parkway and collided with a black Ford Explorer. Hughes was taken to a local hospital where he was pronounced dead. An injured passenger in the Mustang was taken to Memorial Hermann with non life threatening injuries.

The second car crash was about four miles away. A Ford F-250 pickup truck traveling north on the South Sam Houston Parkway service road. Allegedly the pickup truck driver ran a red light and collided with a Saturn. The driver of the Saturn was pronounced dead at the scene ; a passenger in the Saturn was transported to hospital with life threatening injuries.

Smith & Hassler recently filed a lawsuit against a drunk driver who injured a Houston area woman in a three car collision last August. The drunk driver crashed his Honda Accord into the rear of an Acura, the Acura was in turn pushed into the rear of our client’s Ford Mustang. All vehicles were damaged, the drunk driver’s Honda had to be towed from the scene. The drunk driver was arrested by a Harris County Sheriff’s Deputy and registered a BAC (Blood Alcohol Content) of .201.  That is approximately two-and-one-half times the legal limit for intoxication in the State of Texas (anything at or over .08 BAC is legally intoxicated under Texas law). The drunk driver pleaded guilty and was convicted of DWI a month later.

Our client was checked by an ambulance at the scene because she was complaining of back and neck pain, but she chose not to be transported to the hospital right away.  She later went to the emergency room, then followed up with physical therapy and an MRI to help determine the source of her neck pain.

An attempt was made to reach a fair and reasonable settlement with Amica Mutual Insurance Company, the liability insurer for the drunk driver. Amica received the settlement packet (which included the client’s medical bills and records) and, even though they had been given 30-days to evaluate the settlement packet, the very next day responded with an offer of $1,100 less than our client’s medical bills.

Smith & Hassler filed suit right away. Hopefully with an opportunity to re-evaluate, Amica County Mutual Insurance will reconsider their evaluation of the claim.

Sean Carter, a 27-year old Texas man, has become a uniquely qualified speaker on the subject of the dangers of drunk driving. Sean was a college student in North Texas when he made a fateful decision to ride home with some friends after a night’s drinking. An intoxicated friend drove and the pickup truck Sean was riding in left the road and slammed into a tree in Wichita Falls, Texas. Sean had cuts and multiple broken bones and Sean’s mother was told by doctors that Sean’s prospects looked bleak.

Sean sustained a traumatic brain injury that has taken away his ability to speak. He is also unable to walk.  With time Sean regained the ability to recognize letters and now is able to communicate via a computer touch screen. Through determination and perseverance he is also regaining some physical abilities too. Sean has formed a non-profit called When Sean Speaks, and he travels throughout the state speaking to various groups including DWI offenders.

A 19-year old man has been charged with intoxication manslaughter in a crash in September 2010 that killed 62-year old Sulema Rosas.  Stephen Hubbard in in the Harris County Jail on $30,000 bail.  According to investigators, an accident reconstruction of the wreck shows that Hubbard was speeding when his Chevrolet Impala crashed into Rosas’ Mazda 626 on September 30, 2010.  Hubbard’s vehicle struck the right side of Rosas’ car; at the time of the collision Rosas was westbound and was trying to cross eastbound lanes to enter an apartment complex.

Punitive damages (also known as exemplary damages) are money damages awarded not to compensate the injured person but for the purpose of punishing the person and/or company that caused the injury.  For example: if a highly intoxicated driver ran a red light and caused a motor vehicle collision that resulted in the other driver sustaining a broken arm, the jury could consider awarding punitive damages against the drunk driver to punish the drunk driver for her conduct. Punitive damages awarded would go to the injured person. The purpose of the punitive damages though is not to compensate, but to punish.

The standard for recovering punitive damages in Texas is set out in Texas Civil Practice & Remedies Code Section 41.003.  Exemplary damages can only be awarded if the claimant (i.e. the injured person in an injury claim) proves by clear and convincing evidence that the harm they suffered results from: (1) fraud; (2) malice; or (3) gross negligence.

“Clear and convincing” is a higher burden of proof than usually applies in a civil case.  Usually the burden of proof for a civil claim for money damages is “preponderance of the evidence.”  Put another way, to recover punitive damages the injured person is held to a higher standard of proof than if they were suing for, for example, ordinary negligence.

It is also a requirement in Texas that a jury must be unanimous in their decision to award punitive damages.  That means in civil district court, 12 of 12 jurors must all agree to award punitive damages (or in county court at law, 6 of 6 jurors must agree).  To award punitive damages, the jury has to be in complete agreement: (a) to award punitive damages in the first place: and (b) on the amount of punitive damages they will award.

It is not always clear what type of conduct rises to the level of gross negligence that a jury would realistically award punitive damages for.  In cases where a drunk driver causes another motorist injury, attorneys almost always seek punitive damages when filing suit for the injured person and there is a high probability a jury would consider awarding punitive damages.  In a case where someone was texting while driving however, a jury may not be so ready to agree that such conduct constitutes gross negligence.

Insurance policies sometimes specifically exclude coverage for gross negligence, meaning if a jury were to awarded punitive damages against their insured for gross negligence, the insurance company would not have to pay those damages.

In our 20-year history Smith & Hassler has represented many injured individuals and their family members in injury claims against drunk drivers.  While we cannot guarantee specific results, we can guarantee our best efforts to make sure clients are fully compensated for all damages available under Texas law, including punitive damages when such occasions arise.

Ford Bend County Sheriff’s deputy John Norsworthy was badly injured in a car accident Monday night while en route to back up another deputy on a traffic stop. The Fort Bend sheriff’s office is organizing a blood drive to help the injured lawman. The blood drive will be held at the Fort Bend County Sheriff’s office at 1410 Williams Way Boulevard on Wednesday December 29th from 10:00am to 4:00pm and anyone aged 17-years or older can donate blood. Deputy Norsworthy was airlifted from the scene of the accident to Memorial Hermann Hospital downtown where he is being treated for a head injury and internal bleeding. Deputy Norsworthy is married and a father of two. Unfortunately car accidents are the leading cause of death and serious injury to law enforcement officers in the United States.

Fort Bend County Sheriff's Deputy John Norsworthy

A law took effect in the City of Tomball, Texas today that prohibits texting while driving.  The law is Ordinance 2010-25. The obvious goal of the ordinance is to avoid car accidents and to promote drive safety. Tomball police are hoping motorists voluntarily comply with the ordinance, and anticipate having to enforce it through fines and other measures in egregious cases. Certainly Smith & Hassler applauds any such efforts to reduce the number of injuries caused by inattentive drivers on Texas roads.

The text of the ordinance can be viewed here. Story here

Houston police are reporting that a teenager took a pit bull dog from a neighbor’s apartment in Houston on Thursday; while the teenager was playing with the dog, a 4-year old boy shot a cap pistol at the dog.  The dog became agitated and bit the 4-year old on his face. The 4-year old was taken to a hospital and is expected to recover from his bite injury. The teenager who took the dog was arrested but police are not saying what charges he faces. Animal control took the dog into custody and will determine whether the dog can be returned to its owner or is too dangerous and needs to be euthanized.

News Channel 2 is reporting that a motorcyclist was killed today at the exit from the Northwest Freeway to Skinner Road in Houston.  Harris County Sheriff’s deputies say the rider lost control of his motorbike as he exited the Northwest Freeway at around 9:30am. The motorcyclist hit a guardrail and was thrown from the motorbike into a ditch. The rider was determined to be dead at the scene, his name has not been released.