A recent police chase in Houston, Texas demonstrates why all drivers should carry it.  When a car is stolen, and gets in an accident while evading the police, it does not matter if the vehicle owner purchased coverage or not–there is no coverage for that accident. If you do not have Uninsured Motorist Coverage on yourself or your vehicle, you will be out of luck.

Insurance is a contract. It requires an insurance company to defend you and pay for damages when you are negligent or when you allow someone to use your car and they are negligent. It does not cover unauthorized use of the vehicle.  As a result, the insurance on the vehicle will not cover the accident when it was stolen.

If you need advice on what Texas insurance coverage is best to protect you and your family, please feel free to call us at 713-932-0777. You can also read more about uninsured and under insured insurance law on our website uninsured motorist page.

This wreck adds even more congestion to the already over-burdened highway 249 that struggles to handle rush hour traffic anyway.  If you are traveling home from work this route, find and alternate route and expect long delays.

If injured in the accident, please feel free to call a Houston injury lawyer to discuss your rights.  Rest assured, major accidents are complex and often take considerable investigation and argument to determine the responsible parties. A free consultation with an attorney is advisable.

One of the pit bulls was stuck and killed by a car.  It is not clear whether the pit bulls came from the apartment complex nearby or one of the Fairfield residences.

Pit bulls, like any dog, can be dangerous to corral by people who are not familiar to the dogs.  If you see pit bulls roaming free like this, please call animal control immediately rather than trying to corral them yourselves.

These animals should never be allowed to roam free like this. Pit bull attacks can cause serious injury or death to people and/or other animals. There is no excuse for an owner not having them under tight lock and key at all times so that they never get loose.  If animal control determines who the owners are, they will be cited for violating Harris County leash laws.

Lawmakers are divided on the issue. Some believe the ban will save lives while others think the bans will not affect the reduction of vehicle crashes. One fact remains the same, however: distracted driving causes thousands of Texas car accident injuries and deaths each year.  Should this bill become law it will give hundreds of car and truck accident injury lawyers in Texas fodder for legal claims.

Texas Texting and Driving Bill Explained

If drivers are caught texting while driving, they could be charged with a $100 fine for the first offense and a $200 fine for the second offense. Although there will be a fine enforced, there are some exceptions drivers cannot be ticketed for when using electronic devices such as looking up a number, using GPS, or using a device in an emergency situation.

The bill also prohibits police from confiscating a driver’s phone, requires signs that will be posted along Texas interstates, and prohibit cities from making stricter ordinances. The bill also makes it illegal to read emails and text messages, which the bill’s authors advocate are just as dangerous as writing and sending text messages while driving.

The bill is named the Alex Brown Memorial Act in for a Lubbock teen that was killed in 2009 when she rolled her pickup while sending a text to her friends.  She is one of many fatalities in Texas over the last few years.

This bill is an addition to current Texas law banning texting and driving and cell phone use among drivers with learning permits and new drivers.  Texas, Mississippi, and Oklahoma also ban texting and cell phone use by school bus drivers and by all drivers in active school zones.

The Texas House or Representatives passed a similar bill the last time they were in session in 2011, but it was vetoed by Governor Rick Perry who said it was Texas drivers’ responsibility to make intelligent decisions while driving. He remains outspoken about his intentions for this bill as well, vowing that he will veto it and all other legislation the Texas legislature passes regarding cell phone bans for Texas drivers.

For more updates on the Alex Brown Memorial Act’s status please go to www.house.state.tx.us.

Let’s take a Vote

Where do you stand? Should we outlaw texting and driving in Texas or do you agree with Rick Perry’s stance that Texas drivers should make their own decisions about texting and driving?

If you or someone you love has been hurt by someone texting while driving, call a Houston accident lawyer today for a free no obligation consultation and learn your rights.

A nearby 50-unit apartment building was one of the buildings devastated by the blast.  A damaged nursing home reported some injuries but thankfully no deaths as approximately 130 patients had to be evacuated. A nearby school also caught fire due to the blast. Early estimates suggested that as many as 50 homes were damaged in the blast.  More injured and dead are expected to be found as a door-to-door rescue operation continues in the blast zone.

A one-mile radius of the blast had been ordered to evacuate due to concerns of a second blast, toxic fumes and fires. Reported injuries have ranged from minor lacerations to severe burn and blast injuries. Injured persons have been taken to Hillcrest Baptist Medical Center, Parkland Medical Center of Waco, Providence Health Center of Waco and Scott and White Hospital in Temple.

West, Texas is located on I-35 between Waco and Hillsboro. It is roughly 75 miles south of Dallas, Texas and has a population of roughly 2700 people.  Having grown up in the central Texas area, I can tell you the town is probably best known for their kolaches at the Czech Stop Little Czech Bakery that attracts travelers to stop in as they shuttle up and down the I-35 corridor. The plant was not far from I-35.

Investigators both local and from Washington are still working to determine what ignited the original fire leading to the deadly blast. As with any plant explosion, sorting through the blast to find the cause takes time.  Investigators have not ruled out accident, arson or terrorist act at this time.

Industrial plants are regulated by federal law.  Certain safe guards and precautions are required not only to ensure that equipment failure does not occur, but also that unauthorized persons do not get into the facility.  A Texas industrial accident lawyer can look into prior permits and citations issued to the plant to determine whether it was in compliance with federal law or whether there was a history of violations.

This explosion demonstrates how far-reaching the damage can be from an industrial accident and why strict regulation is necessary.  Right now, preventing further loss of life and injury by rescue operations takes priority.  In the weeks to come, not only will there need to be physical damage assessments, but also environmental impact analysis done. What we have seen so far has likely not even scratched the surface of true magnitude of the damage done here.

Perhaps the investigation will reveal not just a cause, but the need for stronger, better regulation.  Regardless of the cause, please pray for the victims and their families of this tragic explosion.

The Boston Marathon is the longest running marathon in the world.  It began in 1897 with just 18 runners.  Houston hosted the Chevron Houston Marathon in January, but participation and popularity in our city’s event are much less high profile than the Boston Marathon.  The first Houston marathon occurred in 1972, almost 100 years later than the first Boston Marathon.

One could never pretend to understand someone’s motivation behind a plan to build, plant, and detonate a bomb with the intention of hurting innocent people.  However, early investigations suggest that the bombs were strategically placed near the finish line and scheduled to detonate at a point in the race when the most people would be hurt. The person (or persons) responsible for this tragedy not only aimed to kill athletes and their family and friends cheering them on, they sought to optimize the number of people they would injure and kill with careful timing and placement.

While the more than 200 runners from Houston who competed in the Boston Marathon have narrowly escaped serious injury and death, runners and spectators from other cities were not so lucky.  Three innocent lives were taken by the malicious acts of parties unknown, and hundreds more are currently suffering in hospitals in and around the Boston area.

One of the victims was an 8-year-old boy named Richard Martin from Dorchester, Massachusets.  The husband of a doctor who tried to save Martin spoke to reporters detailing her attempts to save the young boy’s life just after the explosions.  His mother and sister also sustained critical injuries and remain hospitalized.

Bostonians acted bravely in the aftermath of the explosions, rushing out to help in any way they could.  Incredibly, athletes that were just completing the end of the 26 mile race turned around, running towards the explosion sites to help the injured. Someone even set up a Boston Marathon Explosion Google Docs form so that area residents could offer their homes to those who need shelter and rest.  Boston has long been known as a tough city, but the acts of valor on the part of its citizens and first responders on April 15, 2013 were enough to re-ignite anyone’s faith in humanity.

Moving Forward

As athletes from Boston, Houston, and all across the world grieve the victims of the attacks, they stand firm in their conviction that terrorists will not change the way the live their lives. Many marathon runners continue to speak publicly about their future participation in marathon races, stating that they will not give up the activities they enjoy or shy away from public events because of the cowardly acts of an anonymous killer.

The London Marathon is scheduled to commence this Sunday on April 21, 2013.  London Marathon officials continue to reassure the public that they will continue the race as scheduled, taking extra precautions to ensure the safety of all participants, spectators, and area residents. The announcement to continue the London Marathon as scheduled comes as a surprise to some, initiating a mixed response from the public.

London Marathon officials stated that they will have a tribute to the victims of the Boston Marathon attack in the form of a thirty second moment of silence at the start of the race. They are also offering black ribbons in support of the victims for all runners, volunteers, and spectators to wear during the race.

Security remains heightened at public events across Houston and the US.  Our hearts and prayers are with the families of victims killed and injured in the Boston Marathon terrorist attack.

Apparently, it has bee reported that a bracket holding the railing in place broke, allowing the railing and couple to fall three floors to the ground below.  Very little detail has been released to the public about how this apartment complex injury occurred.  We know the bracket somehow failed to hold, but how? What is being done to find out exactly?

In balcony rail collapses, there are several possible causes which must be investigated.  Was the bracket itself defective?  Was it improperly installed?  Did the wood around the bracket actually give way, suggesting it had rotted over an extended period of time? If so, why was it not inspected and maintained to prevent a balcony rail collapse?  The International Residential Code, International Building Code and local city codes will typically require owners of residential apartment complexes to conduct regular inspections of balcony’s and railings to ensure this type of incident does not occur.  So why did it?

Needless to say, balcony railing collapse cases can require extensive investigation and research to determine the exact cause.  If the investigation does not begin quickly, the evidence that explains how the event occurred can be easily lost forever or destroyed. The victims will need to hire a premises liability lawyer who has experience in handling balcony railing collapses and related apartment complex injuries. The attorney will need to be someone with access to and the means to hire the right engineering and code compliance experts to accurately investigate the case and determine why this unnecessary tragedy happened.

Strickland v Medlen involved a case where the Medlen’s dog was picked up by animal control after it got out of their yard. They went to retrieve it but did not have enough money.  A tag was placed on the cage that the owners were to return to get the dog once they retrieved more money to pay the fees.  However, Strickland accidentally put the dog on the euthanize list and it was euthanized.

In an opinion issued in 1891, the Texas Supreme Court held that because a dog is mere property, and owner was limited to recovery of market value or, if there was none, “special or pecuniary” value linked to the dogs “usefulness and services.” On April 5th, 2013, that holding was reaffirmed. This happened, despite the fact that since that 1891 opinion came out, losses of other property such as as family heirlooms have been allowed by Texas courts a recovery based upon sentimental value.

In reaching their decision, the Texas Supreme Court pointed to the fact that under common law, wrongful death damages do not even exist regarding humans. These claims had to be created by the legislature in the form of a Wrongful Death Statute. To allow a common law cause of action for the death of a dog when no such cause of action exists there for humans makes no sense.  They then said it was up to the legislature to create a cause of action by statute if they so chose to do so. Until that happens, the law will continue to see dogs and other pets as mere property with its only value being measured by its sale price or utility.

Hyundai and its subsidiary Kia are recalling nearly 2 million cars after car owners brought serious faults to the attention of the National Highway Traffic Safety Administration(NHTSA).  There are several different reasons for the recalls; some have faulty airbags that may deploy without warning, while other models have problems with headliners that could detach during a crash and cause lacerations.  Still other car models have faulty brake light switch mechanisms that fail to light up when a driver hits the brakes.  The following Cars have been recalled by the NHTSA, for a complete list and to search for recalls of specific makes, models, and years, visit the NHTSA car recall search page.

Hyundai has had to recall millions of cars in the last four years because of several faulty car parts.  Almost every car maker has had to recall a few faulty products here and there, but why are Hyundai and Kia car recalls increasing in frequency and scope?

It could be that Hyundai’s tremendous growth during the past few years has come at a price.  Hyundai was named the fastest growing car brand in the world in 2010 and 2011.  Between 2005 and 2011 Hyundai’s value nearly doubled, increasing at an astounding rate from $3.5 billion to $6 billion U.S. dollars. Two of their cars were also named North American Car of the Year; the Hyundai Genesis in 2009 and the Hyundai Elantra in 2012.  Both of these awards were earned through car sales, however, not for quality or performance.

People have been buying Hyundai vehicles like hot cakes, drawn to them by their incredible value, impressive safety ratings, fully-loaded base models, and stylish new designs.  However, is Hyundai jeopardizing their new customers by compromising the quality of the vehicles they are selling and instead focusing on output volume?  Manufacturers have a moral (as well as legal in the U.S.) obligation to provide products that are safe and rigorously tested; tests that might prevent injuries from recalled or defective cars.

Hyundai announced that it will replace or repair any of the faulty parts and will began contacting car owners that are affected by the recall in May 2013.  In the meantime, you can contact the NHTSA if you have a complaint about a faulty part or injury from a faulty part on your Hyundai, Kia, or any other vehicle make.

Despite the recall, several retailers are still advertising the sale of these strollers without any consumer warnings.  It seems they either have not heard about or recognized the potential for injury from the recalled products.  Stores are actually still showing the recalled strollers on Google Shopping even though the product has been recalled.  The strollers retail for anywhere between $600 to $1200 in the United States!

The culprit of the danger is a small white button on the handle that is supposed to stay locked into place when the handle is secured.  The button has been reported to pop out, detaching the handle on one side entirely. While no injuries have yet made their way to the headlines,  there are sure to be a few lawyers for recalled product injuries  busy filing claims for parents.

Bugaboo has inserted a small caveat at the bottom of their homepage to alert parents of the dangers, and has advised parents to stop using the strollers until they receive a new, redesigned part provided at no cost.  The warning is quite small; if you look closely you can just see the warning in small white letters at the bottom center of the page. I circled it in yellow  below.

If you own a Bugaboo stroller you should follow the instructions here to return and replace the faulty parts.  Also, if you or one of your children have suffered an injury from the recalled product, you should contact the CPSC immediately report the incident.