Injured in a New Year's drunk driving accident and need an attorney?

As discussed in a previous blog post, it is virtually guaranteed we will see a surge in drunk driving accidents in Houston and the greater Harris County area over the New Year's holiday, particularly tonight (New Year's Eve).  Just as with any car accident injury claim, a person injured in a car accident caused by a drunk driver has the right to recover money damages as compensation for: medical bills, lost wages, damage to their vehicle, physical pain, mental anguish, physical impairment and if applicable, disfigurement for injuries such as scars or broken teeth. Unlike a regular car accident injury claim however, a person injured by a drunk driver can also seek recovery of "punitive damages." Punitive damages are actually not intended to compensate the injured person, rather the purpose of punitive damages is not to punish the drunk driver for their conduct. Even though punitive damages are often not covered under an automobile insurance policy (meaning if punitive damages are awarded, the insurance company is not obligated to pay them), insurance companies still consider the possibility of a jury awarding punitive damages, which in turn gives the insurance company extra incentive to settle the injured person's claim.

I can't abide drunk drivers. Not because I think nobody should drink alcohol: on the contrary, I think if people want to have a drink and do so responsibly, that is their choice. Drunk driving however shows a complete lack of consideration for other people. There is at least one drunk driving fatality in the news every week in Houston or the greater Harris County area, and some of those accidents involve multiple fatalities. People who choose to drive drunk cannot help but realize that their choice could have potentially deadly consequences.  Ironically it is rarely the drunk driver who is seriously injured or killed, it is more often an innocent victim.

If you are injured in a car accident caused by a drunk driver over the New Year's holiday, call me, email me or submit your case online through my web site. I have been practicing in Houston as a personal injury attorney representing individuals and their families since 2005 and have handled many drunk driving car accident claims and lawsuits.

Fatal car accident on 290 westbound at Jones Road

Details are very limited at the moment but the Houston Chronicle and ABC Channel 13 are reporting a fatal car accident on westbound 290 at Jones Road in Houston that occurred around 4:15 a.m. this morning. A Jersey Village police dispatcher told the Chronicle at least one person was transported to North Cypress Medical Center. As of 6:15 a.m. all westbound lanes were closed and traffic was being diverted to feeder roads. Given the season and the time the accident occurred, there is a reasonable probability that drunk driving was involved, but that remains to be seen. Neither press account stated how many vehicles were involved in the accident or how many people were injured.

Update: a Channel 2 article has identified the deceased motorist as Joshua Kirkland. According to the article, Mr. Kirkland was traveling at a high rate of speed in a Corvette when he hit the retaining wall and his vehicle disabled in a traffic lane. Mr. Kirkland apparently got out of the wrecked Corvette but was then struck by a pickup truck. The driver of the pickup truck fled the scene. Mr. Kirkland was taken to North Cypress Medical Center where he died. According to one online source, the hit-and-run driver left behind a 2009 Ford F-150 King Ranch edition pickup truck.

18 year old killed when brother crashes Mazda on FM 1485 in New Caney

18-year old A.J. Hernandez was killed in a two car accident on Thursday December 27th when he let his 19-year old brother Ryan Hernandez take a turn driving a white-colored Mazda RX-7 convertible A.J. received for Christmas. According to Channel 11's story, it was raining in the area of FM 1485 near Loop 494 in New Caney, Texas when Ryan lost control of the Mazda and went into a side skid, crashing into a gold-colored Nissan Maxima sedan driven by Nahum Reyes. Tragically A.J. was killed on impact. Ryan was transported to hospital in critical condition. Investigators believe the cause of the car accident to be a combination of excessive speed and the wet weather. The driver of the Maxima was taken to the hospital to be checked out for chest pains.

Ryan Hernandez (19) was driving his brother A.J. Hernandez' white
Mazda RX-7 convertible at the time of the fatal accident, Thursday.

The driver of this gold sedan was transported to hospital with chest pain.

Tragically, A.J. Hernandez was killed on impact in the crash.

Pedestrian injured by reversing Mercedes outside grocery store

A female pedestrian suffered severe leg injuries when she was pinned between a reversing Mercedes sedan and a tow truck outside a Houston grocery store. Harris County Sheriff's Office say the Mercedes was new to the woman driving it and she wasn't familiar with the car: she put the car in reverse and hit the gas, then lost control and struck several parked cars before crashing into and pinning the pedestrian. Another woman walking out of the grocery store was also hit. Sergeant Mike Harvey with HCSO told Channel 2 that the Mercedes driver was not hurt and voluntarily gave a blood sample which will be tested for drugs or alcohol. The pedestrian was rushed to the medical center and immediately taken in to surgery.

I have represented many clients who were injured as pedestrians in Houston car accidents. If you're seeking a Houston personal injury to help you recover your damages for injuries you suffered as a pedestrian, visit my web site to learn more about me and my law practice.

Husband killed in car accident on Boudreaux near FM 2920

A man was killed and his wife injured in a head-on car accident last night on Boudreaux Road near FM 2920. Investigators with Harris County Sheriff's Office say a man driving a Jeep Cherokee veered into oncoming traffic and hit a Chrysler 300 sedan head-on. The man driving the Jeep was pronounced dead at the scene and his wife was taken to the hospital in stable condition. The family of four in the Chrysler 300 were also taken to the hospital. Authorities say the Chrysler driver took evasive action when the Jeep entered his lane by swerving into oncoming traffic where the Jeep should have been, but the Jeep swerved back into its own lane and the vehicles crashed. Channel 11's coverage. ABC's coverage.

Photo credit: ABC Channel 13 News

Katy Freeway car accident leaves teenager seriously injured

A 19-year old driver was seriously injured in a car accident after the Volvo SUV he was driving crashed head-on into a freeway overpass support column early Friday morning. A life flight helicopter transported the man in serious but stable condition after emergency services crews freed him from the wrecked vehicle. The Jersey Village Fire Department said the wreck happened in the outbound frontage road lanes at Bingle around 4:00 a.m. The crash is under investigation, but it appears the teen driver was traveling westbound at significant speed when he swerved into the pillar without touching his brakes. The Volvo sustained massive front end damage: the vehicle's safety features probably saved this young man's life. Hopefully he will recover well.

Photo credit: KHOU

Photo credit: KHOU

DWI accidents guaranteed to rise over Christmas holiday

I saw an interesting article on the Houston Chronicle's web site this morning about drunk driving accident statistics from Christmas season last year. During the 2011 holiday period, more than 130 car accidents were attributed to drunk driving: 6 of those accidents involved fatalities. By searching the Harris County District Clerk's records, the Chronicle found that nearly 450 people were charged with driving while intoxicated between December 20, 2011 and January 1, 2012.  The biggest days for DWI arrests were, of course, New Years's Eve and New Year's Day.

The Houston-Galveston area council said that this year a $295,000 state grant will put an extra 50 DWI units on patrol on Houston area streets through New Years Day.

Unfortunately history tends to repeat itself. Notwithstanding the extra DWI patrols it is likely the same number of people will make the foolish choice to drive drunk. Hopefully the extra patrols will mean that more drunks are caught before they cause an accident and seriously injure or kill someone.

If your holiday break is ruined by a drunk driving accident, contact me and I will be glad to explain your legal rights.

This chart compiled by the Houston Chronicle shows daily DWI arrests
in Harris County over the 2011 Christmas season

Hiring a personal injury attorney for a drunk driving accident in Houston?

A good personal injury attorney will tell you and just about any insurance company will reluctantly agree on one thing: drunk driving accident injury claims have a significantly higher settlement value than "regular" accidents (i.e. those that did not involve a drunk driver). The reason drunk driving accident settlements are higher is because insurance companies know that jurors usually have very little sympathy for drunk drivers, particularly drunk drivers who injure and sometimes kill people.

Insurance companies have spent decades refining their claims handling processes to save themselves as much money as possible. I once took a call from a potential client who was hit and injured in a serious car accident caused by a drunk driver on his third DWI offense: the insurance adjuster was telling him the fact that it was their insured's third DWI made his case worth "...a little bit more money, but not much." That was completely false. Insurance adjusters are trained to act quickly to resolve claims that have the potential to cost the insurance company a large settlement. They sometimes achieve this by pressing injured people to sign a release and accept a settlement within a few weeks, sometimes even a few days of a drunk driving accident. 

Don't do it. Talk to an experienced, reputable personal injury attorney if you have been injured in a drunk driving accident in or around Houston. Personally I find it very extremely rewarding to represent people injured by drunk drivers, and any client I have represented in a drunk driving accident will tell you I take a special interest in those cases. Over time I have figured out ways to add additional value to drunk driving accident settlements by quietly gathering evidence early in the case (which I am not discussing here...I'd prefer not to help insurance adjusters work against me!). Don't let yourself be rushed into settling for pennies on the dollar.

Click here to contact me and click here to submit your case online

18-wheeler wreck at I-45 and I-10 split in Houston

Around 3:30 this morning an 18-wheeler hit one side of the freeway at the I-10 and I-45 split in Houston then jack-knifed, slid across to the other side of the freeway and crashed near the Taylor exit. A heavy duty wrecker came to the scene to remove the badly damaged big rig. It was raining at the time of the accident, and the driver told Channel 13 News that he lost control. Fortunately the driver and his passenger do not appear to have been injured and no other vehicles were involved. 

Driver killed in crash with guardrail on Highway 59 feeder

A 37-year old man was killed last night in a car accident on the southbound feeder of Highway 59 when his vehicle struck a guardrail at high speed. The section of the feeder right before Beltway 8 was closed until around 5:15 this morning as police investigated. Houston police say the man drove off the exit ramp, through the barricades and ended up on the feeder road. Police say there were no signs of impairment and the driver was wearing his seat belt. ABC Channel 13's story.

Man struck, killed by bus standing near his car on Interstate 45 North

A man was killed Sunday afternoon on Interstate 45 North in Houston when he was struck by a METRO bus as he stood near his car after a previous accident. METRO officials say that shortly before 1:00 p.m. a car had stopped on the freeway with a flat tire, which caused a four vehicle chain reaction collision. The METRO bus swerved trying to avoid the accident and in doing so struck the man who had gotten out of his car. The man was pronounced dead at the scene: KHOU's graphic description is being omitted. Four people were transported to St. Joseph's with non life threatening injuries: a bus passenger was treated for cuts to his face. Channel 2's story tells the facts a little differently: that the man's vehicle stalled in the center lane of traffic and he was hit by the METRO bus and at least four other vehicles as he walked down the freeway. The Chronicle's story is here.

Pickup flips over on Eastex Freeway feeder killing four men

Five men in their 20's were in a pickup truck that flipped multiple times last night in a crash and now four of the five are dead.  The crash happened in northeast Houston on the Eastex Freeway feeder road near Saunders Road. Three of the men were pronounced dead at the scene and the fourth died at the hospital. Policy believe drunk driving caused the accident. 

Photo credit: ABC Channel 13 News

Drunk driving suspected in car accident that killed three men

Three men were killed and two injured in a Saturday morning car accident that police suspect was the result of drunk driving. The crash was in northwest Houston at N. Houston Rosslyn Road and Ramona Boulevard. Houston Police Department say four men were traveling in a green-colored SUV when the vehicle struck a van head-on.  The SUV rolled over and came to rest on its roof. The fourth man in the SUV and a woman driving the van were taken to Ben Taub Hospital to be treated for their injuries. Among comments to the Channel 2 news article about the wreck is a comment (see below) that the intersection involved is particularly dangerous.

I have handled well in excess of 1,000 personal injury matters in my career, many of them injuries due to car accidents. If you have been injured in a car accident I provide initial consultations at no charge, in my office, by phone or by email. Here's how to contact me. 

Three men in this SUV were killed in a Saturday morning collision with
a van. Police believe the SUV driver was drunk.

A comment to the Channel 2 News article suggesting the intersection is dangerous.

Wrong way driver in Cadillac Escalade killed in collision with big rig

A 36-year old man driving the wrong way on Houston's South 610 Loop was killed Saturday morning when his Cadillac Escalade crashed into two big rigs at 90 miles per hour. The accident happened around 3:00 a.m. near Main Street. One of the 18-wheeler drivers said the Escalade first clipped her semi, the slammed into a second 18-wheeler before catching fire. The accident remains under investigation. It is not known if the Escalade driver was drunk or otherwise impaired, but historically alcohol has been to blame for the rash of wrong way accidents in the Houston area this year. Channel 13's story is here.

Emergency crews work the scene of Saturday morning's fatal wrong
way accident on the South 610 Loop in Houston.

South 610 Loop car accident ejects and kills little girl

A single vehicle accident on Houston's South 610 Loop has claimed the life of a little girl believed to be three years old.  A Mitsubishi Montero SUV was in the westbound lanes of the South Loop around 2:30 p.m. Friday near Telephone Road when the vehicle went onto a grassy median, apparently causing the driver to over-correct sending the vehicle into a rollover. The little girl was thrown out of the car and died at the scene. The male driver was rushed to the hospital. Police believe excessive speed was a primary cause of the deadly crash and are checking to see if alcohol was a factor also. Detectives have yet to determine if the girl was properly restrained in a car seat at the time. Channel 2 report here. Chronicle report here.

Update: per an article from Channel 11 News, the driver of the Mitsubishi, Roberto Trevino, has been charged with murder in connection with this accident. Police say Trevino was driving while intoxicated at the time of the rollover accident that ejected and killed his 4-year old daughter, Chloe Trevino. Trevino was restrained by his seat belt and was essentially unhurt in the accident. Chloe, who should have been in a child seat but wasn't, was pronounced dead at the scene.

The scene of yesterday's fatal rollover yesterday on Houston's S 610 Loop.

Roberto Trevino has been charged with murder in the death of his
4-year old daughter Chloe Trevino.

18-wheeler accident on Katy Freeway - injured woman life flighted

An 18-wheeler accident shut down the westbound Katy Freeway near Fry Road around 3:40 a.m. today after a big rig collided with a passenger vehicle sending the injured female driver to Memorial Hermann-Medical Center via Life Flight helicopter. Details of her injuries were not included in the Houston Chronicle's article (the Chronicle is the only media outlet to have covered the accident at the moment). All westbound lanes were temporarily closed as workers cleared the accident. The cause of the crash is under investigation. In my experience it is the more serious trauma cases that are taken via helicopter to Memorial Hermann in the medical center: hopefully that isn't the case here and the lady driver involved is largely okay. What appears to be a reference to the same accident on Channel 11's web site states three vehicles were involved. A story on Channel 13's web site, probably the same accident, says a woman in her 20's was involved in a collision with an 18-wheeler sending her car out of control and into a barrier: the collision with the barrier was so hard that even though she was wearing a seat belt, the seat belt tore and the woman was ejected. The story says the woman suffered a broken leg and chest injuries.

Accidents involving 18-wheeler trucks aren't like regular car accidents. If an 18-wheeler accident involves serious injuries, insurance companies begin their investigations immediately. As you can probably imagine, typically their investigation does not involve looking for ways to pay the injured person compensation. Contact daragh@daraghcarterlaw.com with questions

What Does the Nursing Home Negligence Attorney Offer?

Dealing with negligence in the home where you placed a loved one can be overwhelming. Fortunately, you do not have to go through this alone. You will be able to have the help that you need thanks to nursing home negligence attorneys. When you have a nursing home negligence attorney on your side, he or she is going to be able to take the reins of the case and take care of the investigation for you. They are going to make this much easier than trying to deal with the facility’s lawyers on your own. In fact, dealing with lawyers is one of the primary reasons that you will want to hire a nursing home negligence attorney of your own.

You can be sure that the nursing home facility is going to have attorneys working on their case. They want to make the problem go away, and they want to do it without spending more than they have to. Your nursing home negligence attorney is going to stop them from taking advantage of you. The nursing home negligence attorneys want you to get fair compensation for your loved one who was in the facility, and they will fight for that. Whether the nursing home negligence attorney is willing to take the settlement that the home offers, or they want to go to court, you can be sure that they are fighting for the most damages for you.

One of the things that you should consider when you are trying to hire a nursing home negligence attorney is the experience that they have. How long have they been working cases like these? Also, what’s the cost? Most nursing home negligence attorneys will not charge a consultation fee. Many nursing home negligence attorneys will not charge fees unless you win your case either.

Fatal car accident on Houston's 610 Loop - driver through windshield

Channel 11 and Channel 13 are reporting a deadly car accident around 1:20 a.m. last night on the East 610 Loop in Houston near Lawndale. Police say the driver of a Chevrolet Impala was traveling at high speed when he lost control and struck a barricade. The man was thrown through the windshield of the car and was deceased by the time paramedics reached the scene. The driver was not identified in either news article and no other details were available.

Slip and Fall Accident Attorneys Have Experience to Help with Falling Cases

Slipping and falling can cause serious injuries, some of which can cause you to need a stay in the hospital. Other times, the injuries might not appear for a day or two – or longer – after the fall. These injuries can be serious though, and in serious cases, they can lead to death. If you’ve fallen because of someone’s negligence, then you need to talk with a slip and fall accident attorney about your injuries. The medical bills for these injuries can be high, but the slip and fall accident attorney you hire can help you get damages to pay for your medical needs. Without a slip and fall accident attorney on your side though, it can be hard to get that compensation.

The slip andfall accident attorney needs to prove that the property owner was negligent, and that’s not always easy. Some people try to take their own cases and forego hiring the slip and fall accident attorneys, but this isn’t always a good idea. If you can’t prove negligence, then you aren’t going to win your case, and you aren’t going to get the property owner to settle. A slip and fall accident attorney is going to be a much better option.

Slip and fall accident attorneys have experience in the field, and they will be able to help you get the damages that you need. They can prove negligence because they’ve seen similar cases before, and they know what to seek in their investigations. The slip and fall attorney can often provide a free consultation as well. You will find that many of the slip and fall attorneys will not charge you anything until they win your case, so you don’t have to worry about trying to afford a lawyer when you are in need of legal help.

Drunk driver hits police car on Almeda Genoa, drives off

A driver is facing drunk driving (and probably other) charges after crashing into a police car last night and then driving away. Channel 13's web site provides little detail on the accident, but apparently the driver hit and unmarked police car on Almeda Genoa near Dumas. The driver then left the scene but was stopped shortly thereafter at a skating rink where he was arrested by the officer whose vehicle was struck, along with several other responding officers.

If you have been injured in an accident caused by a drunk driver and need legal representation, give me a call and I'd be glad to explain your legal rights. I pursue drunk driving cases particularly aggressively and I have no interest in letting intoxicated drivers or their insurance companies off the hook for my clients' damages.

daragh@daraghcarterlaw.com

Deadly car accident involving Waller ISD school bus

A driver died in a Wednesday morning collision between a sedan and a Waller ISD bus. The accident happened around 6:20 a.m. on FM 2920 at Becker Road. A green-colored sedan, possibly a Honda Accord, crashed into the back of the school bus as the bus was stopped to collect some children at their stop. The sedan went under the rear of the school bus: the driver was pronounced dead at the scene. The children on the bus and the driver were not hurt. Channel 2's story can be read here.

Police estimate the Honda Accord was traveling approximately 50 MPH
when it struck the rear of the school bus.

There was no indication the driver of the car, a man in his 20's, touched
his brakes before impact. Neighbors said they felt the impact in their homes.

Choose a Nursing Home Negligence Attorney for Help with a Bad Nursing Home

One of the things that you will want to consider when you are placing someone in a nursing home is the safety of your choice. Many nursing home negligence attorneys suggest that you do research on the home before you choose it. A nursing home negligence attorney is going to have a unique insight into the dangers that can come from these institutions, and even though you don’t want to think that they could be hazardous to the health of your loved one, you do have to be careful. If you suspect neglect at the facility where your loved one stays, contact a nursing home negligence attorney.

The home could be negligent in a number of different ways. They might not pay any attention to your loved one, which can be emotionally damaging. They could be lax on the medical records and medication schedules, which could be deadly. Nursing home negligence attorneys have seen these issues and others. The staff might not even change your loved one’s sheets or adult diapers regularly, which could mean infection or worse. Nursing home negligence attorneys hate this type of behavior and they want to help your loved one receive justice. The nursing home negligence attorney that you hire can make all the difference in the world.

What type of damages did the facility cause? Your nursing home negligence attorney will be able to ensure that your loved one receives the right amount of compensation for the injuries that your loved one suffered. The nursing home negligence attorney needs to know everything that happened at the facility, and you have to work with the lawyer and your loved one to get the information into the open. One of the best things about working with a nursing home negligence attorney is the fact that it exposes the issues in the facility, which they will then – hopefully – correct.

Who shot Jose Banda after suspected drunk driving accident

Shortly before midnight Friday, 20-year old Jose Banda's Chevy Malibu car crashed into the rear of David Barajas, Sr.'s Ford F250 pickup truck, killing David's two sons: 12-year old David, Jr. and 11-year old Caleb Barajas. The truck ran out of gas as the Barajas family returned from visiting relatives and the boys were helping their father push it: the family was only 50 yards or so from their driveway at the time of the crash. David's wife Cindy and their 8-year old daughter and 3-month old son, riding in the truck, were partially knocked into a roadside ditch. The crash happened on Country Road 144 in Alvin, a narrow two lane road with no shoulder or street lights.

Dominick Sanders, an investigator for the Brazoria County Sheriff's Office, told the Houston Chronicle that law enforcement believes alcohol was a factor in Banda rear-ending the Barajas pickup truck. The medical examiner has not yet released Banda's blood alcohol content.

The story does not end with the tragic deaths of the young Barajas brothers however. Some times shortly after the collision, Jose Banda died of a gunshot wound to the head that was not self-inflicted and his death has been reported a homicide. Investigator Sanders told the Chronicle that the audio of a 911 call revealed that the caller reported hearing gunshots after he initiated the phone call to report the car accident. The investigation of both the crash and Banda's homicide are ongoing.

Update: according to a story posted on Channel 11's web page on 12/12/12, the Barajas family are now receiving threats online, specifically through Facebook. Cindy and David Barajas told Ch. 11 that somebody has threatened a drive-by shooting at their home, so they are staying elsewhere. Another online communication accused Cindy Barajas of having been the person who shot Jose Banda after the accident.

Update: a story posted to FOX News' web site on 12/14/12 includes an interview with Gabriel Barajas, brother to David Barajas and uncle to Caleb and David, Jr. According to Gabriel, his brother remembers trying to get to his sons after the crash and the next distinct memory he has is waking up in the hospital. Investigators say they are still looking for the person who fatally shot Jose Banda in the head after the crash, and are also looking for the weapon used.

Media reports: KHOU, ABC, FOX

CR 144 in Alvin, scene of the fatal Friday night collision

Law enforcement suspects Jose Banda (20) was driving drunk when his
Chevy Malibu rear-ended the Barajas family F-250 pickup.

David and Cindy Barajas with David, Jr., Caleb and their 8-year old girl

The Barajas' pickup truck, at rest in the roadside ditch

Victims David, Jr. (left) and Caleb Barajas (right).

Jose Banda in a family picture

Daragh Carter Houston personal injury attorney launches new web site

I'm happy to announce the recent launch of my new web site, www.daraghcarterlaw.com

The site includes a number of free resources, including:

• Youtube videos explaining concepts such as: insurance policy limits, personal injury protection (PIP) coverage, slip-and-fall injury claims, total loss claims, different types of automobile insurance coverage and more.
• A list of dos and don'ts for people involved in car accidents.
• An explanation of factors that determine the value of a personal injury claim.
• Things to consider when selecting a personal injury attorney to represent you.

On the site you'll also find pages dedicated to the different types of personal injury matters I handle, including:

• 18-wheeler accidents
• Slip-and-fall and trip-and-fall injuries
• Car accidents
• Motorcycle accidents
• Work injuries
• Dog bites and animal attacks
• Dangerous products and product liability
• Wrongful death claims

You can find information about me including my contact information, and you can also submit your personal injury case online for a no-charge consultation.

The site was designed by Principle Point Marketing Solutions in Round Rock, Texas.