Archive for the ‘Wrongful death’ Category

Car accident on East Loop Bridge in Houston claims 2 lives

KTRK is reporting a car accident on the East Loop bridge and Manchester that killed at least 2 people. At around 6:00PM a car and van were traveling north on the bridge when the car hit the van and knocked the van into the guardrail. Two people in the van were ejected and died. Four other people traveling in the van were taken to the hospital. Two people in the car ran away leaving their car behind. The wreck shut down the northbound lanes on the East 160 Loop for around two hours until emergency crews could clear the scene.

Update: KTRK has updated their story and added that the two passengers riding in the van who were killed were a woman and a teenage boy who were ejected from the vehicle and thrown over the side of the Ship Channel bridge.

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 yourmotor vehicle accident injury claimcall now or submit your case online.

Fatal hit and run auto-pedestrian accident in northeast Houston

The Houston Chronicle is reporting that a woman died this morning in a hit-and-run collision in northeast Houston. The woman was walking along the shoulder of Aldine Bender near Marine when she was hit and killed by a car. The accident happened around 2:04AM. A witness was able to note the license plate of a maroon-colored 1999 model Mercury minivan that he thought may have been involved. Police officers went to the address where the vehicle is registered and found sufficient reason to seize the van and bring it in for testing. Police say that evidence gathered from the suspect van will be compared to physical evidence collected at the scene of the hit-and-run. The named of the female pedestrian who was killed has not yet been released.

If you or a family member have been injured in a hit-and-run collision, call the experienced Houston personal injury attorneys at Smith & Hassler for a free consultation.

Suspected drunk driver hits and kills pedestrian on Highway 6

Wednesday March 2, 2011: a man identified by Channel 2 News as homeless was hit and killed by a suspected drunk driver while attempting to cross Highway 6 near Piping Rock in southwest Houston. According to the Houston Police Department the car versus pedestrian accident happened at around 11:20PM. The pedestrian died at the scene. Police said the pedestrian was not using a crosswalk when he was hit by the red Mitsubishi Outlander. Police said the 26-year old driver of the Mitsubishi hit and run and fled the scene after the collision but was caught in a nearby neighborhood and police brought him back to the accident scene. The driver was given a sobriety test and then taken into custody on suspicion of driving while intoxicated. According to Channel 2’s report, the driver admitted to police that he had been drinking since 11:00am that morning. The victim has not been identified and may have been leaving The Dam Ice House on Highway 6. The driver of the Mitsubishi has not been identified either.

Update: The Houston Chronicle is reporting that the driver of the Mitsubishi has been identified as Carlton Jay Eberle. Eberle has been charged with an accident involving injury and it is expected he will be charged with driving while intoxicated. The Chronicle’s report says the deceased pedestrian was 53-years old, but did not identify him by name.

Carlton Jay Eberle, 26, driver of a Mitsubishi that struck and killed a 53-year old pedestrian on Highway 6 in West Houston

If you or a loved on have been victimized by an automobile accident, motorcycle accidentpedestrian 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.

This poster of 20-year old Jacqueline Saburido, victim of drunk driver, is a grim reminder of the danger drunk driving poses.

Fourth baby dies due to day care fire: day care owner hires attorney

One-year old Elias Castillo died Friday evening, the fourth young child to die due to injuries from the Jackie’s Child Care fire in Houston earlier this week. Two other children remain in critical condition in Shriners Hospital for Children in Galveston where they are being treated for smoke inhalation and burns. One child has been released from Memorial Hermann Children’s Hospital. Jessica Rene Tata, the 22-year old operator of the day care, has been accused of leaving the children home alone at the time of the fire, but has not yet been charged with any criminal wrongdoing. Ron Tata, Rene’s brother, says that she has hired a lawyer.

19-year old John Chestnut, who watched the tragic scene unfold Thursday afternoon, says he thinks Tata may have left something cooking on the stove when she went out to the grocery store. He said he watched Tata pull into the driveway of the home day care and calmly carry groceries to the front door. Chestnut said when she opened the door smoke came pouring out and Tata ran toward himself and others screaming for help and saying the children were inside.

Chestnut’s friend Geoffrey Deshano saw a little boy through a window on the daycare. Chestnut said Deshano then broke a window to try to get to the boy but was forced back by heavy smoke. Chestnut went in to the daycare through the back door, crawling and squinting as he went. He said he saw flames coming from the stove and could hear the children screaming. Chestnut quickly was overcome by the smoke and said he had to retreat. “I keep hearing kids screaming in my head when I’m sleeping” Chestnut told the Houston Chronicle.

God bless these poor little children and their families.

Houston day care fire tragedy: investigators believe kids left alone

Local News Channel 2 is reporting that fire investigators suspect the 22-year old owner/operator of a West Houston day care left the kids along before a deadly fire broke out, ultimately killing 3 of the children and seriously injuring 4 other children. Jessica Tata, owner of Jackie’s Child Care, has not yet been charged with a crime, but police and fire investigators said a criminal case was building as evidence of what lead to the deadly fire is gathered.

Sources within Houston Fire Department told Local 2 Investigates that a neighbor states they saw Jessica Tata returning from a shopping trip to the grocery store, during which she left the kids alone at the home. That neighbor, Geoffrey Deshano, told Local 2 he saw Tata pulling up, frantically calling for help as she repeatedly stated she left the kids alone. Deshano told HFD investigators that he watched Tata fumble for keys, unable to get into the day care center. HFD spokeswoman Assistant Fire Chief Lisa Campbell said HFD is waiting to speak to Tata and they have not yet had an opportunity to do that.

Ron Tata, Jessica Tata’s brother, said the claim that Tata left the children alone is not accurate. The Houston Chronicle quoted him as saying that those claims were “crap” and he appeared to fault neighbors who, he said, stood by watching and doing nothing as Jessica Tata attempted to remove kids from the burning house. Speaking on the condition of anonymity, an investigator said that even the very cheapest of smoke detectors will sound an alarm before smoke is visible. In this fire smoke filled the entire home, so any adult would have had enough time to save all seven of the children had someone been in the house at the time of the fire.

Deshano said that once he and Tata were finally able to open the back door, smoke poured out and a crying and choking child emerged. He said they couldn’t reach the other children because the smoke was so thick and choking. The Houston Chronicle reported that as the tragic scene unfolded Jessica Tata, who had burns to her hands, turned to her mother and told her to call a lawyer, a Houston Chronicle photographer said.

If the Houston Fire Department investigation ultimately reveals that Jessica Tata did leave the seven children alone in the house before or at the time of the deadly fire, her doing so almost certainly goes beyond ordinary negligence and rises to the level of gross negligence. These vulnerable children, none of whom could probably even reach to open a door knob to escape the deadly smoke and fire, depended on the protection and good judgment of those charged with caring for them. If they were left alone in the house, even for a short amount of time, that is totally unacceptable and has resulted in a terrible, preventable tragedy.

The tragic scene at Jackie's Child Care in West Houston where 3 children died and 4 were seriously hurt

20-month old Kendyll Stradford who died in the fire at Jackie's Child Care in Houston

If you or a loved one have been injured in a house fire, call the experienced Houston personal injury attorneys at Smith & Hassler who have aggressively represented injured Texans for more than 20-years.

Tahoe driver sought in fatal hit-and-run of cyclist Harold Williams

Police are looking for the driver of a champagne-colored Chevrolet Tahoe involved in a collision with 67-year old Harold Williams, who died in hospital of his injuries this past Sunday. The collision between the Tahoe and a bicycle happened just south of downtown two weeks ago when Mr. Williams, who liked to ride his bike and even ran in marathons, left his home to ride to a nearby Walgreens. It was on the way home while crossing the busy intersection of Southmore and Highway 288 that the champagne-colored Chevy Tahoe hit Mr. Williams.

Eyewitness Tina Betts was driving behind the Tahoe that hit Mr. Williams. Realizing the accident was serious, Ms. Betts called 911 and remained on the scene to render aid. The woman driving the Tahoe stayed on the scene also, along with her young daughter who was riding with her. With all the attention focused on the injured Mr. Williams nobody thought to get the license plate of the Tahoe. The driver then told the witness and some bystanders that she had to leave to follow the ambulance to whatever hospital Mr. Williams was being taken to. Unfortunately that didn’t happen: the Tahoe driver just drove away and has not been heard from since.  13-days after the accident Mr. Williams died in hospital from his injuries. The Tahoe driver is facing serious criminal charges, including failure to stop and render aid.

If you have been injured in a bicycle accident, Smith & Hassler’s experienced Houston personal injury attorneys are available to provide a free consultation and explain your legal rights. Bicycle versus car accidents often leave the bicyclist with painful road rash that may turn into permanent scars: take good quality, well-lit photographs that document your injuries. A Smith & Hassler personal injury attorney can use those pictures when negotiating a settlement with the at-fault driver’s insurance company.

Fortunately terrible bicycle accidents like this one are not common, but when they happen usually result is very serious injury to the bicyclist.

16-year old Houston girl died due to accidental shooting, not drive-by

A 16-year old Houston girl who died after a shooting incident did so as a result of an accidental shooting by her boyfriend, not due to a drive-by shooting as police were originally lead to believe. The group of 13 to 17-year old kids present when Waddionne Griffin was shot had told police that a dark-colored vehicle pulled up and fired a shot as the teens were standing outside a house in the 4900 block of Alvin at around 12:55AM, said Houston Police Department homicide detective Fil Waters.

After further questioning one of the teens admitted to police that a member of the group had brought the gun to show off and it had accidentally discharged, hitting Griffin. Apparently the 16-year old, known as “Yannie” to her friends, asked her boyfriend who brought the gun to give it to her so she could put it away somewhere safe and make sure nobody gets hurt. The boy, who had no prior experience with firearms, tried to disarm the gun before handing it to her. Unfortunately as he was doing so the gun went off and a round struck Griffin in the arm, going through her chest and then her back. Tragically she died at Memorial Hermann Hospital – The Medical Center.

Charges of negligent homicide are expected against Griffin’s boyfriend, who is a juvenile. The boy’s parents were home at the time of the shooting but were asleep, and have said they do not allow guns in their home. Griffin’s boyfriend wrote an apology letter to the family and asked investigators to deliver it to them.

In Ms. Griffin’s tragic case, it appears only her boyfriend’s negligent actions led up to the shooting incident, and the boyfriend’s parents had no knowledge of the gun. Smith & Hassler‘s Houston personal injury attorneys have handled other somewhat similar cases in which injury or death claims have been made under homeowner’s insurance policies. In order for a homeowner’s insurance policy to cover injury or death resulting from a shooting incident, the homeowner has to have committed a negligent act that caused or contributed to the injury or death. For example: if a parent knowingly allowed two 8-year olds to shoot a BB gun in the backyard unsupervised, and one 8-year old shot the other in the eye, the incident would probably be covered under the parent’s homeowner’s policy because it would be an act of negligence to allow two 8-year olds to use a potentially deadly BB gun without adult supervision.

If you have been injured due to the negligence of a homeowner, call the experienced Houston personal injury and wrongful death attorneys at Smith & Hassler for a free consultation regarding your case.

Pedestrian killed in accident on W. Little York in Houston

A man crossing in the 11000 block of W. Little York near Overlook in Houston was hit by a vehicle and killed around 5:00am on Thursday February 17, 2011. Harris County Sheriff‘s deputies said the 55-year old man was rushed to Ben Taub General Hospital where sadly he was pronounced dead. Because the man’s next of kin have not yet been notified the man’s name has not been released. The man was struck by a vehicle that was headed eastbound on W. Little York; so far no charges have been filed in the case.

The death of a loved one due to an accident is a tragic, terrible and life-altering event for any family. Smith & Hassler partner and board-certified personal injury trial lawyer Al Hassler knows this only too well having suffered the death of his sister when her car was hit by an overloaded 18-wheeler in Florida.  If you have lost a family member due to an accident, contact the Houston wrongful death attorneys at Smith & Hassler for expert advice.

Enterprise Products issue press release on explosion that killed Rick Shaw

Fortune 500 company Enterprise Products issued a press release (click here to view the press release) on February 9, 2011 regarding the explosion and fire at its Mont Belvieu, Texas gas plant that left contract worker and father of two Rick Shaw dead. In the press release Enterprise Products does not identify Rick Shaw by name and the company extends its: “…condolences to the family and friends of the worker and will be working closely with authorities to determine the cause of the fire.”

The bulk of Enterprise Products‘ press release went on to explain that the explosion did not damage certain key components of the gas plant and that Enterprise Products‘ operations were minimally impacted. Assuredly the explosion has had more than a minimal impact on Rick Shaw’s 12 and 13-year old daughters and other family members.

If you or a loved one have been seriously injured at work, including in a plant explosion, call the experienced personal injury attorneys at Smith & Hassler for advice on your legal rights.

Worker injured in Mont Belvieu plant explosion files lawsuit

Enterprise Products employee Kelvin Horton has filed a lawsuit against the company for injuries Horton sustained in Tuesday’s explosion at the Mont Belvieu, Texas gas plant that killed father of two Rick Shaw. Horton’s attorney has also against for a Temporary Restraining Order (TRO) for prevent the cleanup at the Enterprise Products plant from continuing until outside engineers are able to go to the site for an inspection. The lawsuit is Cause No. 2011-08949; Kelvin Horton v Enterprise Products Partners, L.P.; In the 269th Judicial District Court, Harris County, Texas. Presiding Judge Dan Hinde will rule on the request for the temporary restraining order next week. ABC News’ story can be viewed here.

If you or a loved one have been injured at work, call Smith & Hassler’s experienced personal injury attorneys for advice on your legal rights. Often after highly publicized incidents, particularly those resulting in serious injury or death to employees, company lawyers and insurers move fast to protect the company. Getting legal representation early by a firm such as Smith & Hassler that exclusively practicespersonal injury law protects the interests of injured workers or vulnerable, grieving families. After a major incident such as a plant explosion, big companies have their insurers and attorneys working hard to protect them: if nobody is protecting you, call Smith & Hassler now.