Houston Personal Injury Attorneys – Smith & Hassler

Sergeant Cedrick Nickerson with Houston Police Department told a reporter for Channel 13 News that it appears a restaurant valet driving a BMW made an error in judgment when he changed lanes across the path of a motorcyclist, killing the rider. The crash happened near the as yet unidentified restaurant in River Oaks at Westheimer Road and Virginia Street around 11:30 p.m. The restaurant valet, driving a BMW, and motorcyclist were heading the same direction on Westheimer.  It appears the valet attempted a right turn onto Virginia from the inside lane (the lane nearest the center of the roadway), cutting off the motorcyclist’s right-of-way.  When the bike couldn’t stop in the time, the vehicles collided. Sadly although the motorcyclist was rushed to the emergency room, he was pronounced dead when he arrived.

A motorcyclist was seriously injured in an early morning crash today.  The rider was heading down Briar Forest near the West Sam Houston Parkway around 3:00 a.m. when he struck the rear of a garbage truck that was pulling out of a business.  Houston Police Department representative Javier Tapia told Channel 2 News that the motorcycle rider wound up underneath the garbage truck and sustained head injuries, including a fractured skull.  He was rushed to the hospital.

In some of the comments to Channel 2’s story readers seem quick to blame the motorcyclist for the accident, but they may well be rushing to judgment.  For example, the timing of when the trash truck pulled out into the main lanes is relevant to fault.  Also based on Channel 2’s photograph (see below) the area where the accident happened does not appear to be particularly well-lit. Maybe the garbage truck had it’s lights on, maybe it didn’t.

Photo credit: Channel 2 News

35-year old Jennifer Lopez Harden from Spring, Texas has been charged with intoxication manslaughter in connection with a deadly motorcycle accident Sunday morning. Lopez Harden was taken into custody after the 3:00 a.m. crash on Birnham Wood Boulevard near Riley Fuzzel Road in Spring. She is accused of driving drunk when she swerved into a center lane, crashing head on into a motorcycle driven by 42-year old John McSwain, also of Spring. Mr. McSwain was reportedly thrown 100 feet in the impact, and he died at the scene. Harden and her passenger were transported to the hospital with minor injuries.

A person named Jennifer Lopez Harden with a date of birth of May 8, 1978 was arrested just a few months ago by Houston Police Department on 12/18/2012 and charged with public intoxication, according to this web site.

Photo credit: Houston Chronicle

Photo credit: Houston Chronicle

A motorcyclist fell 30 – 40 feet from an elevated portion of I-10 after an accident yesterday and was rushed to hospital.  The facts aren’t very clear from Channel 13’s report, but it appears the motorcycle rider either swerved to avoid an 18-wheeler truck or collided with an 18-wheeler, causing him to fall off an elevated portion of Interstate 10 East. Fortunately it appears the man wore a helmet, probably saving his life. A gold-colored Toyota appears in Channel 13’s video footage (see below) and the vehicle has passenger side front end damage, but again, there’s no indication that vehicle was involved in the motorcycle accident.

75-year old Neil Smith has been charged with intoxication manslaughter in connection with the death of 54-year old Danny Hunt.  On Saturday November 3rd Danny Hunt and his son Chase Hunt, an off-duty Galveston County Deputy Sheriff, were riding their motorcycles on Highway 6 near FM 2004 it Hitchcock, Texas around 1:00 a.m. Investigators say that at some point Chase’s baseball cap fell off so the men pulled to the side of the road and chase went to retrieve his hat.  At that point Neil Smith’s Ford SUV struck Danny Hunt. Smith continued driving for about a half mile until damage to the SUV forced him to stop.  Danny Hunt was pronounced dead at the scene. Channel 2’s story is here. Galveston Daily News story here. This weekend marked the conclusion of the Lone Star Rally in Galveston, a motorcycle rally that drew 500,000 people to Galveston Island. According to initial police reports, 19 people were charged with drunken driving, including Neil Smith.

Neil Smith

Amado Huerta, 44, a husband, father of five children and 16-year veteran of the Houston Police Department, died in a motorcycle accident over the weekend. Huerta was driving his Honda Goldwing motorcycle northbound on the South Freeway Sunday evening around 8:30 p.m. when a silver-colored Pontiac Grand Am made an unsafe lane change, striking the motorcycle. Huerta was taken to Ben Taub General Hospital where he was pronounced dead. Police say the driver was likely not impaired and the accident investigation is ongoing. Huerta joined HPD in 1995 and worked as a motorcycle officer in the traffic division. The Houston Chronicle’s report is here.

Channel 2 is reporting that a deputy constable riding a motorcycle was rushed to hospital after a wreck earlier today on the Sam Houston Tollway near Briar Forest. The wreck happened around 11:20 a.m. when a car in front of the deputy made a sudden stop and the deputy collided with the rear of the vehicle.  The news article did not indicate the deputy’s condition – he was taken to Memorial Hermann.

Photo credit: Channel 2

Perhaps small consolation for the family of hit-and-run motorcycle accident victim Jeremy Choate, but Shannon Garcia, the suspected hit-and-run driver wanted in connection with Jeremy’s death, has been arrested by the Gulf Coast Violent Offenders Task Force in a Gainsville hotel.

Shannon Garcia was (allegedly) driving a black Ford Fusion car that struck Jeremy Choate’s motorcycle in the Houston Heights area on Saturday night.  The 25-year old Gainsville resident then hugged her boyfriend Robert Maddux who got out of the car.  Garcia reportedly said “I’m leaving” before departing the accident scene on foot along the I-10 service road. The crash happened around 9:15 p.m. at Studemont and the Interstate 10 service road.

Tragically Jeremy Choate, a father of two girls aged 5 and 7, suffered major head trauma in the accident (he was not wearing a helmet) and died Sunday afternoon from his injuries.  Jeremy was one of Houston’s most sought-after lighting designers and a nationally recognized artist

Robert Maddux remained at the scene and identified Shannon Garcia as the driver. According to the Houston Chronicle’s story, Maddux said he had been dating Garcia for about two weeks, and prior to the accident the couple had been drinking at El Tiempo Cantina on Washington Avenue.  He said Garcia had one margarita at his (Maddux’) house before they went out, then three more margaritas at El Tiempo.  Reportedly Maddux told police Garcia was “no OK to drive.”