Houston Personal Injury Attorneys – Smith & Hassler

KHOU.com is reporting a driver was seriously injured late Monday March 14, 2011 in a multi-vehicle wreck in downtown Houston. The man was driving a Chevrolet Camaro westbound on Runnels at Chartres around 11:30pm when he failed to yield at a stop sign: the Camaro was then struck in the side by a pickup truck. Another pickup truck was unable to slow down quickly enough and crashed into the already wrecked vehicles. The driver of the Camaro had to be cut out of his vehicle by firefighters and was transported to hospital in serious condition.

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.

This week Smith & Hassler filed a lawsuit in Harris County District Court on behalf of a 7-year old boy from the Houston area who was seriously injured when he was attacked by a pit bull last year. The boy, who we will refer to by his initials A.W. for this article, had just been dropped off by his school bus and was walking home on a public street when the pit bull charged out of its owner’s yard, raced down the sidewalk and without hesitating attacked A.W. The unprovoked attack was witnessed by the school bus driver, among others.  A.W. was rescued by some neighbors who took him into their home to protect him from the dog, but unfortunately the neighbors were not able to get to A.W. before he sustained some nasty bite wounds to his arm. Someone called 911 and Houston Police Department and animal control investigated the incident. When the police officers arrived the dog attacked the officers, leaving the officers no choice but to shoot the dog.  A.W. was transported to hospital where he received stitches to close the wounds.

In 2009 there were 30 fatal dog attacks in the United States. The dog breed most commonly reported in those attacks were pit bull dogs (14 attacks) followed by Rottweilers (4 attacks).

The negligence lawsuit is filed against the homeowner from whose property the pit bull was allowed to escape prior to the attack on A.W. Importantly, interviews with other neighbors reveal that this particular dog has been aggressive toward people prior to the attack on A.W. The homeowner is insured with a “big name” insurance company that made a decision a little over a year ago to change the way it handles injury claims in an effort to save some money. Rather than waste additional time allowing the insurance company to review the file and make an unreasonable offer that they know won’t settle A.W.’s case, Smith and Hassler filed suit.  If the insurance company does not want to offer fair and reasonable compensation to 7-year old A.W. for his medical bills, physical pain, mental anguish, physical impairment and scarring, a jury will decide what A.W. is owed.  We should be thankful for our jury system that takes the fate of Harris County residents such as A.W. out of the hands on an insurance company and puts it in the hands of 12 jurors.

If you or a family member have been injured due to a dog bite or other animal attack, call Smith & Hassler and one of our experienced Houston personal injury attorneys will be glad to give a free consultation.

ABC Channel 13 (KTRK) is reporting an apparently serious collision between a Toyota Corolla passenger car and a parked flatbed trailer that sent one person to the hospital. The accident happened on March 8, 2011 on Summer Park at FM1092 near Stafford. The condition of the person transported to hospital was not included in the KTRK report.

This image from KTRK's web site shows a collision between a Toyota Corolla and a parked flatbed trailer near Stafford, Texas.

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.

February 28, 2011: three school buses crashed on Monday afternoon sending ten students to the hospital to be checked out and treated for injuries. The collision happened on Bellaire Boulevard at Synott around 4:30PM in southwest Houston. This was a chain reaction style collision: Alief Independent School District said one of its buses stopped suddenly, the second bus ran into it and the second bus was then rear-ended by the third bus. The students taken to the hospital attend Killough Middle School; fortunately none of the injuries to the students were described as serious.

Every automobile accident injury claim (or lawsuit) has two components: liability (who was at fault for the accident) and damages (what losses does the injured person have, e.g. medical bills, lost wages, physical pain). People sometimes think that there is a law in the State of Texas that says that in a rear-end collision, the car behind is always at fault. That’s not true, which makes sense because there are occasions when the car in front is at fault, e.g. in the case of a sudden lane change where the front car unexpectedly switches lanes and slams on its brakes, cutting off the rear car and causing an accident.

Generally speaking though, rear-end collisions are more straightforward when it comes to liability, and insurance companies are more likely to fault their insured in a rear-end collision. The Texas Transportation Code includes a statute saying all drivers have a duty to maintain an assured following distance from the vehicle in front, such that the rear vehicle can safely stop in an emergency. If a police officer investigates a rear-end collision and issues a citation, the driver of the rear car is usually cited for “failure to control speed.”  This does not necessarily mean the driver of the rear car is driving over the speed limit, what it means is the collision occurred because the driver of the rear car was not able to reduce their speed in time to safely come to a stop.

If you have been injured in a rear end car accident, call the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation and advice on your insurance claim. Even if your accident does involve clear liability, that doesn’t guarantee the other driver’s insurance company is going to offer you a fair settlement!

10 students were injured in a 3 school bus crash on Bellaire in Houston

Sunday February 27, 2011: a 3-car crash in northwest Harris County early Sunday has killed a 20-year old college student and injured six other people. According to investigators, the driver of a 1996 Chrysler Sebring was traveling east in the 7900 block of Spring Cypress when he changed lanes to pass another vehicle but lost control of his car which caused him to cross over into the westbound lanes. The Sebring was then hit by a 2007 GMC Yukon traveling westbound on Spring Cypress. The Sebring was then struck by a third vehicle, a 2007 Lexus RX350 also traveling west. The driver of the Sebring died at the accident scene and four passenger from the Yukon as well as a passenger from the Lexus were taken to Houston Northwest Medical Center. Today Martina Morgan identified the driver of the Sebring as her 20-year old son David James Morgan, a neuroscience major at the University of Texas at Dallas: David had just left his family’s home and was returning to Dallas when the collision happened.

Smith & Hassler has 20+ years experience handling claims and lawsuits associated with automobile accidents.  If you have been injured in a car accident, contact the Houston personal injury attorneys at Smith & Hassler for a free consultation.

Thursday Feb 24, 2011: Despite Houston firefighters‘ heroic efforts yesterday, a fire at a home based day care left 3 young children dead and four hospitalized: all of the children were aged between 18 months and 3-years. Houston Fire Department Assistant Chief Bill Barry said that some of the children suffered burns, others suffered smoke inhalation. Firefighters carried 5 of 7 seven children from inside the burning house, which is known as Jackie’s Child Care and located at 2810 Crest Park Lane near Richmond and South Eldridge Parkway in far west Houston.

Per state child care rules, the owner/operator of the day care Jessica Rene Tata should not have been caring for more than six children over the age of 18 months. Texas Department of Family and Protective Services will most likely investigate that and other issues. Fire crews were alerted to the fire at 1:35PM and when they arrived found flames and smoke billowing from the house: 2 of the children were outside and 5 were still trapped inside.

Michael McAnders, a witness to the tragedy who lives nearby, said 22-year old Tata was standing outside the structure during the fire and screaming for the children. McAndrews said Tata had stated she went to the bathroom and came out to find the kitchen on fire. He said he overheard Tata saying she carried 2 of the kids out and told the remaining 5 young kids to crawl out. Tata tried going back in to reach a third child but was driven back by the smoke and flames before passing out prior to firefighters arriving.

The 7 children involved have not been identified. One child was taken to Memorial Hermann Southwest and another to Memorial Hermann Memorial City. Those children died. Three other children were taken to Memorial Hermann Children’s Hospital. Of those three, one child was transported to Shriner’s Hospital burn center in Galveston in critical condition. The other two children were taken to West Houston Medical Center and one was later transferred to Texas Children’s Hospital. Tata was placed on a gurney and taken to Memorial Hermann Katy Hospital.

The Houston Chronicle has reported that exactly one year before the fire Tata’s day care operation, which is registered with the State as a “child care home” was cited by the Dept of Family and Protective Services Child Care Licensing division for not having a fire extinguisher or carbon monoxide sensor on site. Tata has told of these defects on February 24, 2010 which was about 3-days before she opened the facility for business. These problems were later corrected according to Gwen Carter, a DFPS spokeswoman.

The Houston Fire Department confirmed the fire started in the kitchen, but the cause of the fire is not yet known. God bless those little children and their families as they attempt to cope with this tragedy.

A tragic fire at Jackie's Child Care in Houston claimed the lives of 3 small children and injured 4 more.

ABC Local News 13 is reporting that one person was injured last night when an 18-wheeler crashed into a car. The collision happened at the intersection of Westgreen and Park Row in West Harris County. Deputies say a car pulled out in front of the 18-wheeler at the intersection, and the 18-wheeler veered off the road and hit a chain link fence. Because the fuel tank ruptured on the big rig, a hazmat crew was called on to clean up the accident scene.

Fortunately it sounds like this incident did not result in serious injuries. Sadly serious injury, and sometimes death, are the result of 18-wheeler versus car accidents largely due to the size and weight difference between the vehicles. Being hit from behind at 50MPH by a vehicle similar in size and weight to the stopped vehicle is bad enough, so when the rear vehicle outweighs the stopped vehicle more than 10-to-1, the potential for injury is very high. The U.S. Department of Transportation establishes size and weight limits for trucks and trailers assembled in the U.S., the current weight limit is 80,000lbs but individual states have the right to issue temporary oversize or overweight permits. If you have been seriously injured in an 18-wheeler accident, contact the Houston personal injury lawyers at Smith & Hassler for a free consultation.

Wednesday February 23, 2011: Ford Motor Company announced today that, in the face of government pressure to do so, it will recall nearly 150,000 Ford F150 pickup trucks to address a potential problem with air bags that could deploy without warning. The Detroit News first announced the recall: the Detroit News story is available here.

Ford describes the defect as carrying a “relatively low risk.” The effected vehicles are 2005-06 Ford F150 pickup trucks sold in the U.S.A. and Canada. Ford‘s recall however is being done on a smaller scale than the government had requested. The National Highway Traffic Safety Administration (NHTSA), pointing to 77 cases of injury, told Ford in a November 2010 memo that the recall should cover 1.3 million F-150 trucks, model years 2004-2006.

Ford‘s F150 pickup truck is the best selling vehicle in the United States. The government expanded its investigation into air bag problems in January 2010. A spokeswoman for the transportation department said Ford‘s response is under review to see if Ford‘s recall was adequate to address the potential danger the air bag deployment defect can pose. If the government decides Ford‘s recall was too limited in scope, a rare public hearing may be ordered to decide if Ford should be required to do more.

The NHTSA stated in a November 24th memo that it was aware of 238 cases of improper air bag deployment: the memo also noted that Ford made production changes to the 2006 and 2007 models to fix air bag wiring and other issues. In the memo government regulators said Ford did not believe the defect merited stronger action because there was a low number of incidents and reports, owners of F150‘s would get “adequate warning” from the air bag warning light and the reported injuries were not serious in nature.

Wes Sherwood, a spokesman for Ford Motor Company, said the effected F-150 pickups were manufactured between November 2004 and June 2005 at the Norfolk, Virginia Ford plant. Sherwood said that the rates of air bag deployment was much higher for vehicles made at the Virginia plant than the Ford plants in Michigan and Missouri. Ford said that an air bag wire located in the steering wheel was improperly placed so that it could chafe, the bare copper wire would be exposed, and a short circuit might occur that would cause the air bag warning lamp to come on.  Ford said that most of the air bag issues happened within the first few seconds of the vehicle’s ignition being started.  The recall is expected to begin in early March: F150 owners will be instructed to bring their pickup trucks to a Ford dealership for repair.

2004 Ford F150 pickup truck, some of which are subject to a recall for an air bag deployment defect

The apparent design and/or manufacturing defect in the 2004-2005 Ford F-150 pickup included in the recall has the potential to cause serious injury or death, either from injury to a driver due to the unexpected deployment of the air bag itself or because the air bag deploys while the vehicle is traveling at highway speed, causing the driver to lose control of the truck and crash. Injury or death resulting from a defectively designed or defectively manufactured products, or from a product that does not carry adequate warnings, can be addressed through a products liability lawsuit that seeks to hold the product manufacturer responsible for damages the defect has caused. If you have been seriously injured due to a defective product, contact the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation.

Tuesday February 22, 2011: A Harris County Sheriff’s Deputy was injured in a rollover two car accident on Beltway near C. E. King around 10:15PM last night. The deputy, whose name has not yet been released, was briefly pinned inside his patrol car. His injuries are not thought to be life-threatening. Another car was involved in the wreck, and the cause of the accident is still under investigation.

Also in recent local news for the Houston area: Richmond police investigated a disturbance in a restaurant parking lot around 10:15PM on Monday. Officers were told that several men had been fighting and were trying to leave the area. Officers stopped the driver of a Lincoln Continental who they believe was involved and was trying to flee the area. Police chased the driver into Rosenberg, Texas where he lost control of the Lincoln on Avenue H near Herndon Drive. The driver then crashed the Lincoln into the Pappa-Mex restaurant on Herndon Drive, got out of the car and ran away. Police tracked him down where he was hiding nearby.

The driver and one of his passengers were taken to nearby Oak Bend Medical Center for treatment. Jose Manuel Diaz, the driver of the Lincoln was charged with evading in a motor vehicle causing serious bodily injury, in addition to traffic citations for no driver’s license and failure to control speed. The passenger was not charged with anything: the passenger sustained serious injuries that included broken ribs and potentially a broken back.

Lincoln crashes into restaurant in Rosenberg, TX seriously injuring passenger

No matter what the facts of your particular car accident injury case, the experienced Houston personal injury attorneys at Smith & Hassler can help you navigate the insurance claim process and advise you of your legal rights. Generally speaking the earlier you speak to an experienced personal injury attorney, the better. Unfortunately clients sometimes hurt their cases by delaying contacting us because they think they’re “doing something wrong” by contacting an attorney or because the insurance adjuster they are dealing with discourages them from seeking the advice of an attorney. Don’t make that mistake! You’re not doing anything wrong by getting a free consultation and informing yourself of your rights under Texas law, and besides, the insurance company is working hard to protect their interests: doesn’t it just make sense that you’d want someone protecting you?

This video clip hosted on Smith & Hassler‘s Youtube channel shows the aftermath of a devastating 18-wheeler versus 18-wheeler collision that happened on Interstate 57 in Illinois. The 18-wheeler seen in the video with the severely damaged (almost unrecognizable) cab failed to reduce speed for traffic that had slowed in the lanes ahead. That 18-wheeler struck the rear of the 18-wheeler pulling the KLM trailer, pushing it into a third 18-wheeler waiting ahead.

If you or a family member have been injured in an 18-wheeler collision, call the experienced Houston personal injury attorneys at Smith & Hassler. Smith & Hassler has extensive experience investigating and litigating claims against trucking companies, both in Texas and out of state.