Houston Personal Injury Attorney Blog

Airbags on the Outside of Vehicles?

2012-05-02T13:45:32Z

"Look both ways before crossing the street!" This common refrain has been ingrained into the subconscious of most Americans by their parents' repeated reminders. However, for any number of reasons, pedestrian accidents still occur, leaving many pedestrians severely injured or worse, killed.

In 2010, according to the National Highway Traffic Safety Administration (NHTSA), 4,280 pedestrians died in traffic accidents (nearly 12 per day), which accounted for 12 percent of all traffic-related fatalities. Additionally, an estimated 70,000 more pedestrians were injured in these accidents.

]]> Pedestrian Airbags

Beginning in 1989, driver-side airbags became mandatory in all passenger vehicles, and in 1998, passenger-side airbags became standard. Since that time, automobile manufacturers have begun installing additional airbags, such as side airbags and rear-inflatable seat-belts. The NHTSA estimates that more than 22,000 lives have been saved by airbags since 1987.

Now, automobile manufacturers are taking this life-saving technology and using it to prevent pedestrian injuries and deaths.

Volvo has begun introducing an external airbag on one of its models. Designed to reduce pedestrian injuries, Fox Business reports that once a sensor in the bumper of the vehicle detects an accident involving a pedestrian, the rear of the car's hood is detached and an airbag is inflated. Once inflated, the airbag will cover nearly one-third of the vehicle's windshield, as well as raise the rear of the hood. Volvo estimates that external airbag will prevent fatalities in 85 percent of pedestrian-vehicle accidents.

Pedestrian-traffic accidents can result in severe injuries for pedestrians. Through personal injury lawsuits, injured pedestrians can hold negligent drivers responsible for their actions and recover compensation for medical bills, lost wages, and pain and suffering.

Efforts by automobile manufacturers to include pedestrian airbags into vehicles may represent the next step in pedestrian safety. Yet, no matter how much technology advances, the age-old adage passed onto us by our parents might still represent the most significant element of pedestrian safety. So, remember: "Look both ways before crossing the street."

Drunk Driving is Still a Larger Threat than Texting While Driving

2012-04-11T13:45:09Z

Distracted driving has become one of the biggest threats on the road, and a majority of drivers believe that distracted driving is the most dangerous behavior on the road today. The recent national distracted driving campaigns have brought attention to the dangers of using technology while driving. And while these campaigns are incredibly important, they have begun to overshadow the still prevalent dangers of drunk driving.

While distracted driving, in particular the dangers associated with texting while driving, has become a serious public threat, drunk driving is still a larger problem according to the most recent highway fatality statistics from the Department of Transportation's National Highway Traffic Safety Administration (NHTSA).

]]> Statistics from the NHTSA show that distracted driving contributed to nine percent of all highway fatalities in the U.S. during 2010, while 31 percent of traffic fatalities were attributed to alcohol use.

A recent NHTSA report found that highway deaths decreased by 2.9 percent in 2010, bringing the year's overall highway deaths to the lowest level it has been in the last sixty years. Many attributed the DOT's campaign against distracted driving as the main reason for the decrease in traffic fatalities. However, the government's distracted driving campaigns have come under scrutiny of safety advocates who feel that alcohol and drug use while driving deserve more attention.

Safety advocates' concerns are justified. The federal DOT reports that drunk driving is still a larger safety problem, with statistics indicating that 10,228 alcohol related highway deaths occurred in 2010, compared to 3,092 distracted driving traffic fatalities.

Despite the overall decline of highway fatalities since the 1980s, drunk driving still remains a dangerous threat to public safety and safety advocates are rightly calling for more campaigns to promote smart alcohol use and to educate the public about the dangers of drunk driving.

As Doctors Become More Plugged-In, Patient Safety Risks Grow

2012-03-13T13:45:00Z

Lately, Americans have paid a lot of attention to the threats posed by distracted driving. But, driving isn't the only area of our lives in which the proliferation of digital devices may be doing more harm than good. Recently, leaders in the medical profession have been raising concerns that an increased reliance on electronic devices may be leading to dangerous "distracted doctoring."

Many worry that these distractions could cause errors that result in costly medical malpractice lawsuits.

]]> Initially, doctors and their assistants were armed with smartphones, tablets and laptop computers in an attempt to smooth the patient experience. It was thought that seamless access to patient data, medical records and resource materials could reduce mistakes and lead to the more efficient delivery of services.

Unfortunately, it may have had the opposite effect. Now, leaders worry that medical professionals are glued to their devices - and often for purposes not related to the delivery of medical care. As one doctor told the New York Times, "you justify carrying devices around the hospital to do medical records. But you can surf the Internet or do Facebook, and sometimes, for whatever reason, Facebook is more tempting."

He continued: "My gut feeling is lives are in danger."

Distracted Doctoring a Pervasive Problem

Scholars have just started exploring the phenomenon of distracted doctoring, but the initial statistics are striking.

In a study of 439 medical technicians, 55 percent of those who monitor bypass machines admitted to talking on their cellphones during heart surgery. 50 percent admitted to texting during surgical procedures. Only 40 percent said they believed that using a cellphone during surgery was "always an unsafe practice."

The data did not address whether cell phone use led to increased rates of surgical errors.

The American Medical Association says that it sees potential in the use of digital devices for medical purposes, but more needs to be done in order to ensure that the patient remains the first priority.

It is doubtful that the medical profession will return to the pre-digital-era model for delivering care. It probably shouldn't, anyway. But, just as state and local governments have done with distracted driving, the medical profession needs to do more to ensure that digital devices enhance, rather than threaten, patient safety.

Fatal Truck Accidents Up Significantly in 2010

2012-01-06T14:45:50Z

It's no secret that collisions between a car and a semi-truck are much more dangerous than crashes involving two passenger vehicles. A fully-loaded eighteen-wheeler can weigh up to 80,000 pounds, whereas the average automobile weighs a mere 5,000. The laws of physics dictate that when the two collide, the results will often be catastrophic.

Add in human variables such as driver fatigue, distracted driving, excessive speed and other negligent behavior, and you have a recipe for tragedy.

]]> Unfortunately, this reality is playing out on highways throughout the country. New preliminary data from the National Highway Transportation Safety Administration (NHTSA) indicates that 3,675 people were killed in large truck accidents in 2010 - an 8.7 percent increase from the previous year.

An additional 19,000 people were injured, up 12 percent from 2009. Both figures include truck drivers as well as drivers and occupants of passenger vehicles.

The increase isn't reflective of highway safety as a whole. In fact, in 2010, overall highway deaths hit their lowest level since 1949.

Cause of the Increase Remains Unknown

The NHTSA says it hasn't yet figured out what is responsible for the uptick in fatal truck accidents, opening the door to speculation by industry groups and safety advocates alike.

The American Trucking Association (ATA) - the trucking industry's lobbying group - is calling for further study of the data. The ATA insists that the increase is an outlier and notes that overall truck-related fatalities have decreased over the last several years, even though there are significantly more large trucks on the road.

On the other hand, safety advocacy groups - including the Advocates for Highway and Auto Safety - see the increase as a call to action for stricter oversight of the trucking industry. They are pushing for adoption of proposed Federal Motor Carrier Safety Association rules that would help reduce trucker fatigue by limiting the number of hours truck drivers could be on the road each day.

Regardless of the cause, one thing is certain - truck accidents, fatal or otherwise, damage far too many lives. Our economy needs the trucking industry, but everyone needs to do their part to ensure our roads are safe for all motorists.

Houston toddler run over by truck in family driveway

2011-10-17T18:54:43Z

A tragic accident occurred recently in the driveway of a South Houston home. A 55-year-old man ran over his 14-month-old niece while backing his pickup truck out of the driveway. The girl was transported to Memorial Hermann Hospital, but was later pronounced dead. Police have said no criminal charges will be filed in the auto accident.

Evidently what happened is the man, the uncle of the little girl, was moving his car out of the driveway so that his wife could sweep under the car port. He did not realize the toddler had followed him out of the house to the car. As he backed up, the girl got caught underneath the left rear tire. She was rushed to the hospital by Lite Flight, but her life could not be saved.

]]> Cases like these are tragic, especially so as it involves a man and his niece. There is no compensation available to the family that can make amends for their loss, but the law does allow for monetary damages. In similar cases involving the death of loved ones, a wrongful death lawsuit may be appropriate if family members decide to pursue a civil action.

A wrongful death is a death caused by the negligent or willful conduct of another. Wrongful death damages can compensate the family of the victim for their pain and suffering as well as for lost wages and medical bills if applicable. Houston residents considering a wrongful death suit may benefit from consulting with an experienced personal injury attorney, who may be able to assist the family with collecting full and fair compensation for their loss. Even when no criminal charges are filed, civil damages may still be applicable.

Source: KTRK-TV, "Toddler killed in driveway accident," Sept. 29, 2011

Engaged couple killed by alleged drunk driver

2011-10-11T16:05:14Z

Recently, a car accident took the lives of two young adults in Houston who were getting ready to spend their lives together. The accident happened at about 9:30 p.m., on a Wednesday in September. A 22-year-old Houston woman was walking to the convenience store with her 23-year-old fiancé. Her soon-to-be husband had moved to Houston from Florida to be with her.

Police say a 30-year-old woman hit the two as they were walking. Police allege she was drunk and had run a red light just before hitting the couple. Authorities say she hit the man and then dragged his fiancé about 50 yards before continuing on. A witness followed the driver and restrained her until police came. Authorities say the woman has been charged with two counts of intoxication manslaughter.

]]> The families of both young adults are faced with planning their funerals. The man's mother said the pain is too hard to bear. Although she says she has forgiven the woman, both families are left with many unanswered questions.

The law tries to make amends, knowing it can never fully account for a life lost in such a tragic manner. But there is some measure of justice in holding the perpetrator of a wrongful death accountable. In this case two families are left to grieve and may choose to file a wrongful death case against the woman. An experienced attorney in Houston can help them understand their rights and options as well as protect the rights of the deceased couple.

Source: ABC13, "Family deals with tragic hit-and-run accident in SW Houston," Sept. 22, 2011

Woman who was passenger in fiery crash sues drivers, company

2011-10-04T10:02:32Z

Being a passenger in a car that is involved in a car accident can be frightening because the passenger can feel powerless in the incident. Two years ago, a Houston woman was involved in such a car accident and she has now filed a lawsuit seeking recovery for the injuries sustained. The woman has requested monetary damages to cover her personal injuries and medical costs, lost earnings and sustained physical impairment, as well as physical pain and mental anguish.

The accident occurred in the eastbound lane of State Highway 87 where the woman was a passenger in a vehicle traveling in the left lane. A 2004 white Mack tractor attempted to turn into the left lane occupied by the vehicle containing the woman. Realizing his mistake, the Mack operator swerved back into the right lane. However, the car also turned right and both vehicles collided. The crash caused both vehicles to burn.

]]> The victim has sued the operator of both vehicles, as well as the company which owned the 2004 Mack. The lawsuit claims both drivers were negligent in failing to keep a proper lookout and avoid the crash. The case will now proceed through the Texas courts as the woman presses her claim for relief. By suing both drivers, she is essentially leaving it for a jury to determine legal responsibility for the accident. A jury may decide that one or both drivers, as well as the Mack owner, should be held accountable for the injuries she sustained.

In the aftermath of a car accident involving serious injury, the first thought is for the safety and recovery of all involved. For those injured, the question of legal rights for damages incurred soon arises. Texas law allows for the recovery of monetary damages sustained by victims of another's negligence. Many find the laws and procedures confusing and intimidating. A Houston attorney devoted to helping car accident victims may answer important questions and help fight to hold all negligent parties accountable to the fullest extent of the law.

Source: The South East Texas Record, "Houston woman sues over fiery car crash," Kelly Holleran, Sept. 19, 2011

Woman files suit for wrongful death in Houston

2011-09-28T08:48:46Z

When the unthinkable happens, family members are left feeling overwhelmed and dismayed and cannot think of what to do next. This part of the grieving process is made all the more difficult if the death of a family member occurs at the hands of another person. Even by negligence, wrongful death routinely leaves a victim's family struggling to process a series of emotions that range from denial to anger. As families struggle to put the pieces back together, it often becomes apparent that action must be taken in the pursuit of justice. Recently, a Houston man was killed in a motorcycle accident as a result of apparent negligence on the part of another person; now, his widow has filed a lawsuit on behalf of their children.

In her suit, the woman states that the accident victim was headed southbound on Southwest Freeway when a woman driving a commercial vehicle on behalf of her employer failed to yield the right of way and made a left hand turn into a private drive. Her failure to yield resulted in the motorcycle striking the back wheels of the trailer the woman was towing. The rider was thrown from his bike and suffered severe injuries that later claimed his life. The lawsuit also states that it was the defendant's negligence that led to the rider's death. The family is asking for an unspecified amount in monetary damages and the case will be presented to a jury during trial.

]]> The results of this incident are undeniably tragic; a woman and her children lost a primary caregiver and their provider Presumably, the emotional strain on the family is followed closely by distress that may come with not only grief, but the financial difficulty that can be associated with the loss of a primary breadwinner. People who may be facing difficulty, either emotionally or financially, because of an accident that took place solely based on the negligence of another driver may benefit from consultation with Houston counsel experienced in personal injury law.

Source: The Southeast Texas Record, "Suit filed after man's death in motorcycle crash," John Suayan, Sep 5, 2011

College soccer player killed in car crash

2011-09-24T00:59:27Z

A car accident caused the death of an up-and-coming soccer player from San Jacinto College in September. A group of students was on their way to soccer practice in the early morning when the driver of the BMW they were riding in ran a red light. The BMW crashed into a Honda at Astoria Boulevard. The car accident caused the BMW to roll over, killing the 18-year-old soccer player, who was a passenger.

Of the three other students in the BMW at the time of the accident, the driver suffered minor injuries and was taken to the hospital. The other two students suffered minor injuries as well, but did not require hospitalization. Investigators of the crash said there was no alcohol involved, but the accident is still under investigation.

]]> The young man that was killed in this tragic accident had been selected as a member of the US under-17 national soccer team. The man was also part of the national team residency program. His coach eulogized him as quiet with goals of becoming a professional soccer player and supporting his family.

Although there have not been any charges laid in this incident so far, the grieving family may want to look into their rights concerning this young man's death. In Houston, personal injury attorneys may be able to help them in understanding those rights they have under the law. Such an attorney may also be able to assist them in seeking the compensation they deserve that may help them in coping with their loss.

Source: Houston Chronicle, "Crash kills San Jac athlete, injures 3 others," Robert Stanton, Sept. 13, 2011

Hit-and-run accident injures six in Houston

2011-09-13T06:17:29Z

Weekends can be a dangerous time to be on the roads, especially during the night when more people are out enjoying their days off. Some drivers don't take into account the impact a few alcoholic beverages can have on their ability to drive. On a Saturday night in Houston, just after midnight, a swerving pickup truck caused a car accident that sent six people to the hospital.

Police said the accident happened on the Southwest Freeway near Texas 288. A pickup truck, weaving in and out of traffic, collided with the rear of a car, causing it to careen to the right shoulder where it struck another car. Three people from each car were injured and taken to Ben Taub General Hospital. Their condition was not released.

]]> Authorities are looking for the pickup truck that they say fled the scene after causing the collision. Leaving the scene of an accident causing death, injury or property damage is a violation in the state of Texas. Police do not have a vehicle description, but authorities often locate vehicles after receiving tips from body shops or investigating information provided by crime scene victims and witnesses.

While a hit-and-run may have penal consequences for the driver, the law also permits the victims to recover monetary damages for injuries caused by negligent and reckless behavior. The laws concerning responsibility for car accidents are complex and it is important to understand their application to personal injury law. A Houston attorney well versed in prosecuting claims against those whose wrongful conduct caused a car accident may answer questions and provide a plan of attack to seek the justice they deserve.

Source: ABC13, "6 hospitalized after hit-and-run crash near downtown,", Aug. 28, 2011

Driver to face charges in fatal crash

2011-09-09T11:06:36Z

The loss of a loved one under tragic circumstances is not easy to bear. This is especially true when the befallen tragedy is avoidable. Recently, a Houston news report brought attention to a car accident that took place on the Northwest Freeway. The accident claimed the life of one driver and landed another in jail.

Police officers confirmed that the driver of a Pontiac Grand Am was traveling eastbound on the freeway in Houston at about 9 p.m. Purportedly, he was traveling at a high speed when he attempted a lane change into the center lane. During the maneuver, he struck the rear quadrant of a Chevy Tahoe in front of him.

]]> The force of the impact forced the driver of the Chevy to lose control. The vehicle flipped and finally came to a rest on the shoulder of the road. Tragically, the driver of the sports utility vehicle passed away as a result of injuries sustained in the auto accident. Authorities told reporters that the man driving the Pontiac Grand Am was arrested, presumably on the scene. According to the report, the driver faces a charge of intoxication manslaughter, a result of driving under the influence and causing an accident that claimed a life.

No additional information has been released concerning the life of the accident victim, but it is safe to say that his or her friends and family are in a state of shock and grief. The loved ones of the deceased crash victim may seek justice as they attempt to overcome their grief. Regardless of charges filed, a personal injury lawsuit may secure compensation for damages that include pain and suffering.

Source: MyFoxHouston, "1 Driver Killed, Other Arrested After Vehicle Crash," Alexander Supgul, Aug. 19, 2011

Three die in tragic Weatherford crash

2011-09-02T23:36:05Z

The last holiday weekend of the summer is upon us and many Texas families are scrambling to get in that last bit of summer vacation. We all know that statistically, because the roadways are more traveled on holiday weekends, the likelihood for an accident also increases. So sadly, for some families, the memories left behind for this weekend will not be a joyful family reunion or a quite fishing trip. For many families, their weekend will come to a screeching halt at the news of a loved one who has tragically been killed in a car accident.

On August 31, in Weatherford, a head-on collision claimed the lives of three people, while they were driving on Zion Hill Road around 7:00 p.m.

]]> A father, age 53, who recently learned he beat throat cancer, was on his way to pick up his 5-year-old daughter, when a car driven by a 16-year-old male crossed the center line. According to witnesses, the young driver was trying to pass another vehicle, but instead was met face to face with the Parker County father's pickup truck.

The young driver was less than a week away from celebrating his 17^th birthday. A 13-year-old female was also riding in the teen's vehicle. She was the third victim who was killed. Both teens were students at Cross Timbers Academy in Weatherford.

The family of the 53-year-old cancer survivor, while heartbroken, is thankful his young daughter was not in the vehicle at the moment of the crash. They feel she would have also certainly perished. He leaves behind a wife and his little girl.

Please remember to be careful this holiday weekend. A fun-filled weekend should be filled with lifelong memories and not heartbreak.

Source: KHOU.com, "Fiery crash kills three in North Texas," Craig Civale and David Schechter, Sept. 1, 2011

Drinking and driving is an all too common problem for law enforcement officials

2011-08-30T06:57:11Z

Drinking and driving is an all too common problem for law enforcement officials. Unfortunately, drinking and driving is not always a victimless crime. As a matter of fact, many people's lives are affected daily by the actions of people who become intoxicated and decide to drive. Drinking and driving many times leads to people being injured in motor vehicle collisions and unfortunately it even leads to people's death in motor vehicle collisions.

On August 23, 2011 at 9 p.m. investigators believe that a 21 year old man who was intoxicated missed a stop sign and collided with a pickup truck. Kelly Agnes, the driver of the truck, died in that fatal collision on that fatal night.

Now the Agnes family must suffer through this horrendous loss of a family member and somehow make sense of this avoidable accident. Texas law allows a family to be compensated for the loss of their loved ones and an experienced Texas personal injury attorney may be the best sources of getting all your questions answered.

Fatality from an offshore accident on TX oil platform

2011-08-27T14:13:01Z

There are many employment industries that are known for their higher risk factors. Offshore oil platforms near Texas are one of those jobs. Not only can the work itself be dangerous but it is also important to factor in that emergency rescue personnel is not moments away. The distance from the shoreline makes a workplace accident all the more dangerous.

Recently, a man was tragically killed 75 miles from the Texas shoreline, in the Gulf of Mexico, on an oil and gas production platform.

]]> According to reports released from the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), the man was killed when a boom hoist cable snapped from a crane that was attempting to load equipment from the rig onto an awaiting boat. The crane collapsed and killed a nearby worker.

It is believed that the incident was a "chain-reaction" once the cable broke. It also caused the crane harness to hit the worker, thus causing his death.

A BOEMRE director expressed his condolences to the worker's family and stated that it is incident's such as this one that makes it all the more important to "ensure the highest safety standards on offshore facilities."

This tragedy is a painful reminder of what is at stake when working in certain industries. The family of the deceased worker is undoubtedly reeling from their loss. Not only are they trying to come to terms with their loved ones untimely death, but they may also be trying to figure out how to pay for the subsequent medical and funeral costs - as well as any future wages that would have been contributed to his household. An attorney who has experience in industrial accidents and work-place fatalities may be able to provide insight and options for the grieving family.

Source: New York Injury News, "Work-Related Accident on an Offshore Texas Oil Platform Kills 1," Nicole Howley, Aug. 21, 2011

16-year-old cheerleader killed in Aberdeen truck accident

2011-08-18T05:26:21Z

Auto accidents in Houston that cause personal injuries do not always land on the front page. Car accidents happen so frequently they are not always considered "news." But when a tractor-trailer accident ends the life of a 16-year-old cheerleader, it's a different story entirely. It is a hard pill to swallow that a life so young and full of promise could be cut short in such an abrupt manner. And yet truck accidents happen all too frequently, and when they do, the results can be catastrophic.

On August 2, a 16-year-old girl on her way to cheerleading practice was killed in Aberdeen. She was driving on U.S. 45 close to Old Highway 8 she was struck in the northbound lane at 7:23 am by a tractor trailer carrying jet fuel. She was declared dead about 45 minutes later at Pioneer Community Hospital. The Aberdeen police and county coroner are conducting an ongoing investigation.

]]> Losing a child is almost unfathomable, and now the victim's family must cope with the shock and grief of losing a loved one in such a sudden and hurtful manner. It is difficult enough to make the necessary final arrangements and pull oneself together to get through the throes of grief. But it's likely that this family will want to know exactly what happened, and how it transpired that an 18-wheeler came to collide with the girl. Personal injury law in Texas allows for the recovery of monetary damages when a wrongful death is caused by the wrongdoing of another. A Houston attorney familiar with accident reconstruction and personal injury law, as it is applied locally, may help the family get the answers it deserves.

Source: The Clarion Ledger, "Houston High student killed in two-vehicle collision," Aug. 2, 2011.