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

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.

Thursday January 27, 2011: Two City of Houston Police Department officers have been injured in a serious collision in northeast Houston.  The collision was at Havers and E. Tidwell.  According to police the two officers were responding to an emergency call when another vehicle turned in front of them. The front end of the police car crashed into the side of the other vehicle. According to reports, both officers were injured and taken to the hospital, one with a broken ankle and the other with bumps and bruises. The driver of the other vehicle was not hurt and was issued a citation for filing to yield the right-of-way to the police car. Unfortunately traffic accidents are the most common method of death and injury to law enforcement personnel, many of whom spend the majority of their working day on the road, patrolling and responding to calls. Unfortunately the officer with the broken ankle will probably miss a lot of work and income while his/her ankle heals: here’s hoping the vehicle the officers collided with carried the proper liability insurance.

HPD police car showing heavy front end damage due to last night's car accident in Northeast Houston

Five people were hurt in Houston this afternoon in a collision involving a truck that was being chased by police. The specific injuries of the five (which included a baby girl) are not currently available, however police have said none of the injuries was life threatening. The collision happened at around 2:00pm at Quitman and the Eastex feeder road. The vehicles involved in the crash were a beige truck and a station wagon/SUV.

The police chase began when an off-duty officer saw two men pull up outside Top Dollar Pawn on East Little York. The off-duty officer considered the men to be suspicious when they didn’t get out of their truck. The officer followed the truck when it left the parking lot of the pawn shop and determined the truck was stolen and the men went to the pawn shop to pawn tools they were carrying that were probably stolen also. When HPD units caught up to the officer and the truck, the activated lights and sirens and the chase was on. The truck ran a red light when it exited Quitman, colliding with a Chevrolet HHR that was headed westbound on Quitman. Emergency responders took two women and a baby from the HHR; they were taken to Memorial Hermann hospital. The fleeing thieves were taken to Ben Taub.

Unfortunately the injured occupants of the Chevy HHR will probably find themselves making an uninsured motorist claim on their own auto insurance policy (if they have that coverage) or will have to pay their own medical bills. Because the truck the thieves were driving was stolen, they were not what is termed “permissive users” of the vehicle, which in turn means the insurer of that vehicle will likely not provide coverage for the damage done by the thieves in the collision. If you have been injured due to the negligence of an uninsured motorist, call the attorneys at Smith & Hassler for a free consultation.

An accidental shooting in northeast Houston on Sunday has left a 16-year old boy in critical condition. The teen was with three other persons in a bedroom of a home in the 7600 block of Teesdale, playing with a handgun and a shotgun at around 1:40am, according to Houston police. Another teenage boy was unloading the shotgun, which he believed to be empty, and pulled the trigger: the gun discharged striking the 16-year old in the head. The case has been referred to a Harris County grand jury; the shooting is believed to be unintentional.

The Houston Chronicle’s article did not provide any information on how the boys got the guns they were handling. Depending on the specific facts, accidental shootings sometimes occur due to negligence on the part of the homeowner. Acts of homeowner negligence leading to injury to another person or their property are covered under homeowner’s insurance policies.

Smith & Hassler previously posted a blog entry regarding the tragic accident involving Fort Bend County Sheriff’s deputy John Norsworthy and the severe injuries he sustained.  Sadly Deputy Norsworthy ultimately succumbed to his injuries in hospital and passed away, leaving a wife and two children. Texas DPS officers investigating the deputy’s crash have now concluded that two factors may have contributed to the deputy’s accident: another motorist’s failure to yield the right-of-way to the deputy’s cruiser and debris in the roadway.

The accident happened two days after Christmas when Deputy Norsworthy was closely following another cruiser on northbound FM762: the deputies were en route to assist with the stop of what was believed to be a stolen car. The DPS has released a statement that video footage from the dashboard cameras of both cruisers show a 4 foot square board, probably made of a thick cardboard type material used as sound-deadening material, had fallen from a truck and was in the middle of the two-lane road as the cruisers approached.

In addition to the road debris a green-colored Ford Expedition failed to yield the deputies by pulling over to the shoulder to the right to allow them to pass. The driver of the Expedition was later tracked down thanks to a tip and she signed a statement that while the car accident happened in front of her she did not think she was involved so she kept going. The lead patrol car cut to the left to go around the Expedition and in doing so drove over the board, the draft of the passing police car causing the board to lift up off the roadway. When Deputy Norsworthy tried to pass the Expedition, the board gave the appearance of a barrier so he swerved to try to avoid it, but his car left the roadway, entered a ditch and crashed into a tree, pinning him for more than an hour. He died of his injuries a week later on January 4, 2011.

State transportation records show that debris on Texas’ roadways has contributed to 2,728 vehicle crashes in the past 5-years.  In fact former mayor of Dallas Ron Kirk was injured when a ladder left on I-30 was sucked-up by a passing 18-wheeler and smashed through his windshield. During that 5-year span, 756 injuries and 9 deaths have been caused by road debris accidents. Investigators are trying to determine how the board, which was manufactured by Bison Construction, got onto the roadway, but acknowledge they may never find out.