Motorcycle accident on Waugh bridge over Allen Parkway - four injured

Four people were injured last night when a motorcycle went out of control and mounted the sidewalk on the Waugh Drive bridge over Allen Parkway.  Channel 11 reports that the motorcycle had a rider and passenger, and when the bike mounted the sidewalk two pedestrians were struck.  All four involved reportedly had serious injuries (probably lower extremity fractures for the pedestrians) and were transported to hospital in stable condition.  Why the motorcycle went out of control remains under investigation.

Photo credit: Channel 11 News 

Photo credit: Channel 11 News

Photo credit: Channel 11 News

Houston motorcycle accident attorney information

Tanker truck and silver Buick in accident on North 610 Loop near Kirkpatrick exit

A major accident unfolded this morning on the North 610 Loop eastbound near the Kirkpatrick exit.  A tanker truck and a silver-colored Buick sedan were involved in the collision, which forced the Buick up onto the concrete divider, spinning the Buick 180 degrees.  It is unknown at this time what caused the accident or if there were any injuries. Hopefully everyone involved is okay. DaraghCarterLaw - Houston Personal Injury attorney

Photo credit: Claudia Cruz

Photo credit: Claudia Cruz

At Fault Driver Uninsured? Don't Give Up On Your Claim Without Speaking to an Attorney!

Former Insurance Company Attorney Mark Caruso Gives Honest Answers to Your Questions.

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)



At Caruso Law Offices, we deal with people who have been hurt in car accidents every day. Having auto insurance in place is a legal requirement in New Mexico, and our clients are shocked to discover that there are many people who get behind the wheel without this necessary coverage in place. When an accident occurs, they are at a loss to understand exactly what happens to their right to be compensated in a fair manner for their injuries and expenses. 

New Mexico is a Tort State

New Mexico operates under the tort system for car insurance purposes. The driver who is found legally at fault is responsible for paying for the damages he or she caused. People who have been injured have the right to sue to recover damages. Drivers are required to buy a minimum level of liability coverage, which pays for the injuries and damages they cause in an accident. The minimum requirements are as follows:

·  $25,000 in bodily injury coverage for a single accident victim

·  $50,000 in bodily injury coverage for all injuries caused in the same accident, regardless of the number of victims

·  $10,000 in property damage coverage

If You are Injured in a Car Accident

Caruso Law Offices, (505) 883-5000

In a situation where a car accident occurs and the other driver is at fault, you would be looking to him or her to compensate you for your injuries and damages. The first thing you would need to do is make sure that your health is looked after by getting appropriate emergency medical treatment, as well as any follow-up care recommended by the doctor. You will still need to continue paying off your car loans from Car Loan 4U, since you are responsible for this expense even if your vehicle is in the shop. In the normal course of events, the at-fault driver's insurance company would pay your claim for damages. You may be asked to get more than one estimate before starting the work on your car, but you also have the option of having your own insurer pay for the damage, less your deductible. This could get you on the road more quickly than waiting to get estimates or have the damage inspected.

 

Getting Compensation for Your Injuries from an Uninsured Driver

The Insurance Research Council estimates that one in seven drivers is uninsured (2011). If you have been injured in an accident where the at-fault driver does not have insurance, the first place you should look to seek compensation for your injuries and damages is whether you have coverage under your own insurance policy through uninsured driver coverage. If you have this type of insurance, your own insurer will pay your claim for damages.

If you don't have any insurance coverage in place and the at-fault driver does not have insurance, you still have the right to sue and get a judgment against him or her. Don't assume that it is not worth your while to make a claim against someone who does not have auto insurance coverage before speaking with an attorney about your situation. 

The last thing you want to do is assume that the person responsible for causing your injuries has no assets that can be recovered to pay for your damages simply because his or her auto insurance coverage may have lapsed at the time of the accident. Being involved in a motor vehicle accident is a high-stress situation and you need someone on your side to can provide advice about the best way to continue. 

Your attorney can look at the facts of the accident, as well as the damages you have incurred and provide you with an expert opinion about your case. You can get the facts you need about preserving your right to sue by acting within the time limits set out by law as well. The worst thing you can do in a situation where you have been injured in an accident with an uninsured driver is to do nothing. Get the facts from an expert who is on your side, and that means speaking with a licensed attorney as soon as possible, even if you don't know the full extent of your injuries after the accident.

Call Mark Caruso, personal injury and wrongful death attorney, at Caruso Law Offices for a free consultation at (505) 883-5000 or visit www.carusolaw.com


By:  Julie Bradgate

Dump truck accident and vehicle fire on Gulf Fwy near Dixie Farm Road

Channel 11 is reporting a traffic alert for a multi-vehicle accident on the southbound Gulf Freeway near Dixie Farm Road in Houston. All of the southbound lanes of the Gulf Freeway are blocked and the northbound lanes have all but ground to a halt because of rubbernecking. The crash happened just before 6:00 a.m.; one vehicle rolled in the crash, and Channel 11 reports its helicopter footage showed a dump truck behind a crushed vehicle that was on fire.

Update 1: a report from Channel 13 posted just before 7:00 a.m. states law enforcement has confirmed one fatality from this wreck. How awful for the family of this person who was probably making their routine morning commute; hopefully the media has made a mistake and all lives were spared.

Update 2: Channel 2 is now reporting that a pedestrian was hit and killed in this accident while walking on the freeway.  Not that it doesn't happen, but it seems very strange that a pedestrian would be walking on the freeway. Perhaps a vehicle was broken down or disabled?

Update 3: Channel 11 is offering a more detailed account of what allegedly happened. According to an unnamed HPD officer a woman was wandering in the southbound lanes of the Gulf Freeway when she was struck by a car. The car then swerved and hit a dump truck.  Another driver in an SUV also swerved, causing that vehicle to lose control and roll. The pedestrian died at the scene; two other people involved were transported to hospital in stable condition. 

Update 4: the female pedestrian who died in this accident has been identified as 38-year old April McKenzie from League City, Texas.  For some reason it appears Ms. McKenzie was walking in the travel lanes of the freeway during the morning rush hour.  Whatever the reason, this is a very sad outcome.

DaraghCarterLaw.com

Photo credit: Channel 11 News Houston

Photo credit: Channel 11 News Houston

Photo credit: Channel 2 News Houston

Photo credit: Channel 13 News Houston

One dead in 18-wheeler accident on Katy Freeway at Grand Parkway

The Houston Chronicle is reporting a fatal 18-wheeler accident that occurred this morning around 2:00 a.m. on the Katy Freeway (I-10) westbound near the Grand Parkway. Harris County Sheriff's Office is investigating and a cause of the accident was not included in the Chronicle's report. Three feeder road lanes near the wreck were closed as emergency responders worked the scene.

Update 1: Channel 11's story states that the accident victim is a woman who was driving a gold-colored Buick sedan.  The Buick struck the rear of the 18-wheeler's trailer at an intersection on the Katy Freeway feeder road. Channel 2's report is here, and states the big rig was waiting at a red light at the time of the collision.

Photo credit: Channel 11 News Houston

Photo credit: Channel 11 News Houston

Photo credit: Channel 11 News Houston

Motorcyclist Thomas Hooper innocent victim of hit-and-run carjackers

Police are seeking the hit-and-run driver and passenger of a stolen Isuzu SUV that hit and killed motorcyclist Thomas Hooper in northeast Harris County last night. The crash happened around 7:00 p.m. in the 400 block of Uvalde at Woodforest. Thomas was pulling out of a parking lot on his motorbike to turn north onto Uvalde when the SUV struck him from behind.  Thomas and his motorcycle were dragged for some distance before the motorcycle caught fire, subsequently igniting the SUV as well. After the SUV started burning, the witnesses saw two men in the SUV jump out and run away. The Isuzu was reported stolen in a carjacking earlier.

Hopefully because the Isuzu was stolen the driver responsible for Mr. Hooper's death will face more serious charges than failure to stop and render aid.  Because the Isuzu was stolen at the time of the accident, even if the vehicle is insured, there would no coverage for this tragedy because the thief did not have permission to use the SUV.

Photo credit: Channel 13 News Houston

Warns Pedestrians to be Careful of Motor Vehicles Following a Rash of Recent Fatalities

Hanson Duby Personal Injury Law (http://www.HansonDuby.com), a personal injury law firm serving the Greater Toronto Area (GTA), is warning pedestrians to be careful of motor vehicles after a number of recent accidents, including a woman who was fatally struck while walking her dog and a pedestrian who was killed helping another person cross the street.

On Monday, June 10, a 28-year-old woman and her dog were killed after being struck from behind by a car while walking on a sidewalk in Vaughan. The vehicle's driver and occupant were taken to hospital with minor injuries. In a separate incident, a pedestrian was struck and killed by a truck while crossing Steeles Avenue at Weston Road. The driver of the truck was unhurt, but taken to hospital and treated for shock. (Sources: “Woman, 28, and her dog fatally struck by car in Vaughan, north of Toronto,” CTV News, June 11, 2013, http://toronto.ctvnews.ca/woman-28-and-her-dog-fatally-struck-by-car-in-vaughan-north-of-toronto-1.1320549; “Female pedestrian fatally struck at Steeles and Weston,” CityNews Toronto, May 15, 2013, http://www.citynews.ca/2012/05/15/female-pedestrian-fatally-struck-at-steeles-and-weston/.)

According to Hanson Duby Personal Injury Law, accidents involving pedestrians can happen because of many reasons: sometimes drivers are distracted, negligent, or even reckless. In some cases, motorists negligently or recklessly drive onto sidewalks and strike pedestrians. 

“There has been a disturbing spike in pedestrian deaths in the GTA since early May,” says Spyros Bekiaris, a lawyer at Hanson Duby Personal Injury Law. “Pedestrian accidents can be extremely devastating and lead to serious physical and emotional trauma. Pedestrians injured by motor vehicles can face lost wages, costly medical bills, pain, and emotional distress. Injuries can also lead to death.”

Bekiaris joined Hanson Duby Personal Injury Law as an associate in September 2010. He graduated from York University with an Honours BA in political science in 2006 and from the Queen’s University, Faculty of Law with a JD in 2009. He formerly worked at a boutique insurance defence firm in Toronto, representing insurance companies.

Bekiaris has appeared before the Financial Services Commission of Ontario, the Small Claims Court, the Superior Court of Justice, and the Divisional Court. Bekiaris represents clients in a variety of disputes including motor vehicle accidents, accident benefits, slips and falls, property damage claims and victims of assault, representing the victims. Bekiaris is a member of the Ontario Trial Lawyers Association and the Hellenic Canadian Lawyers’ Association.

“Every pedestrian has rights, which include getting compensation for injuries sustained by motor vehicles," Bekiaris adds. "Pedestrians injured in motor vehicle accidents and family members of those killed need to consult with a personal injury lawyer in Toronto immediately after the accident occurs. In most cases, fault can be established against the driver of a vehicle if a pedestrian is hit while crossing the street in accordance with traffic laws. Even a pedestrian is partly at fault, they may still be entitled to compensation.” 

The personal injury lawyers at Hanson Duby Personal Injury Law remind pedestrians that if they have been injured in an accident, they are entitled to compensation. Unlike other provinces, in Ontario, you can both file an accident benefits claim and sue the driver at fault for damages. That is why pedestrian accident victims should seek the legal advice of an experienced personal injury lawyer in the GTA to discuss their legal options.

Hanson Duby Personal Injury Law is a personal injury law firm located in the Annex district of Toronto. The firm specializes in helping injured victims obtain compensation due to car accidents, long-term disability claims, life insurance claims, and product liability claims. The firm serves clients from across the Greater Toronto Area and provides service in English, Mandarin, Cantonese, Tamil, Greek, and French. The site will soon evolve again and be updated to include pages in Mandarin, Cantonese, Tamil, and Greek to better serve those communities.

More information on Hanson Duby Personal Injury Law is available by visiting the firm's web site at http://www.HansonDuby.com or by calling 416-588-9100.

Suburban hits, flips HFD ambulance: suspected drunk driver to blame

A suspected drunk driver in a Chevy Suburban ran a red light last night at Cook Road and Bellaire Boulevard, crashing into a HFD ambulance, causing the ambulance to flip onto its side. Two paramedics and a six month old baby riding in the Suburban were injured in the accident. At the time of the accident, around 12:30 p.m., the ambulance was not on a call and was returning to base. The man driving the Suburban faces a felony DWI charge because of the age of his passenger. Hopefully the driver of the Suburban has some insurance: ambulances aren't cheap and as a taxpayer I don't particularly feel like absorbing the cost of this accident.

Photo credit: Channel 2 News Houston

Photo credit: Channel 13 News Houston

Selecting a Perfect Car Accident Lawyer in Toronto, GTA

If you have been injured in a car accident, it is very crucial to know your rights. Irrespective of the fact that who was at fault, you can seek remuneration for the damages and injuries sustained. For this you need to file a lawsuit and take care of lot of other things to get a desirable compensation. Performing all these activities with little expertise and insufficient knowledge about the legal rules and regulations can make the process very scary and exasperating. Therefore, it is advised to hire a personal injury lawyer and seek legal consultation for simplifying the claim process. 

There are large numbers of personal injury attorneys in Toronto, GTA that offer legal advice and guidance to families and victims of car accidents; hence you need to choose your attorney wisely. Here are a few tips to selecting a perfect car accident lawyer in Toronto, GTA:

1. Educational qualification and experience

It is important to note that, not all lawyers attain the knowledge to handle personal injury cases specially those resulting from car accidents. Thus, make sure that you select a lawyer only after scrutinizing its educational background. It is only a certified lawyer who tends to be aware of all the roles and responsibilities that make a good car accident lawyer. 

In addition to this, opt for a lawyer with certain years of experience. The more is the experience, the more that lawyer is likely to be aware of all the ins and outs of car accident cases. 

2. Fee Structure

There are some lawyers who demand for services that they had never offered. Moreover, just because the law firm has spent a lot on promotions and advertisements, does not guarantee you a win. Therefore, pick out a law firm who is competent for your case and provides you with the best possible service so that you get what you deserve. 

You won’t get a good personal injury attorney at your doorstep. You really need to give enough of time and put in a lot of efforts for finding a perfect personal injury lawyer for your car accident insurance lawsuit.

Wrong way drunk driver on North Freeway flips minivan injuring women

Around 3:00 a.m. this morning on the North Freeway near Crosstimbers a suspected drunk driver, driving the wrong way, caused a crash that flipped a minivan, injuring the two women inside. According to ABC Channel 13, one of the women in the minivan was hurt and transported to hospital, the other woman was uninjured. The suspect was also injured and was transported to hospital: charges are pending.

Fortunately this wrong-way accident was not more serious: due to the impact forces involved (these accidents often involve head-on collisions), they frequently prove fatal.

Photo credit: Channel 13 News Houston

Driver killed by drunk driver in Dodge Charger on Highway 6

One person was killed and several others injured in a rear-end collision caused by a driver authorities say was heavily intoxicated.  A red-colored Dodge Charger with black rims was reportedly speeding down Highway 6 when the Charger rear-ended a red colored pickup truck. The red pickup was pushed forward into the path of an oncoming truck, resulting in a head-on crash between those two vehicles. The driver of the red pickup truck died at the scene. The driver of the other pickup truck was rushed to hospital in serious but stable condition: the driver's wife and two-year old daughter were also in the truck but reportedly were not injured. After the accident the driver in the Charger fled the scene on foot and was found face down, asleep, in the front yard of a nearby residence at the Copperfield subdivision. Due to the Charger driver's high level of intoxication, he was taken to a nearby hospital.  The accident happened at Highway 6 near Cherry Creek.

The Harris County District Attorney's Office has accepted a charge of intoxication manslaughter against the Charger driver. Court records show that 22-year old Aaron Jaques from Cypress, TX was charged in Harris County on June 16th with one count of intoxication manslaughter and one count of intoxication assault.  His bond has been set at $30,000 for each offense.

Update 1: the driver of the Charger has been identified by the Houston Chronicle as Aaron Jaques. The pickup Jaques' Charger rear-ended was a 2001 model Chevrolet 2500 driven by Don Johanson. When the Johanson pickup was rear-ended it was pushed into the path of a 2010 Dodge Ram, driven by Saul Grimaldo, whose passengers were his wife and child, Miriam and Homero Grimaldo.

Photo credit: Channel 2 News Houston

Dorothy Baker, Baytown mom, puts well-deserved beating on armed robber

Parents, you're going to like this one:

Dorothy Baker, a mom from Baytown, TX, had just left a CVS pharmacy and gotten into her minivan with her 2-year old and 5-year old sons when 53-year old Ismael Martinez crawled out from the third row seat of the van brandishing a knife. Martinez told Dorothy he needed money, specifically he needed $200, but Dorothy told him she didn't have $200 in her account, more like $20. Martinez (who by the way did TDC time in 1976 for rape) told her that she better figure out a way to get him $200 or he would hurt her kids. That was a mistake.

Martinez told Dorothy where to drive and at one point she ignored his directions and made a different turn, so Martinez moved forward into the passenger seat. Martinez then realized Dorothy had dialed 911 on her cell phone. Dorothy grabbed Martinez' knife from him and punched him in the face, and told him to get the hell out of her vehicle.

Martinez left and as he was running away it occurred to Dorothy that he would probably do the same to someone else. She chased him with her van intending to bump him and knock him down as he was running, but she inadvertently ran him over. Martinez was taken to Memorial Hermann via life flight where his condition is listed as stable.

Dorothy Baker from Baytown: well played, you are awesome.

Ismael Martinez: would-be armed robber and child-threatener

Dorothy Baker: Baytown, TX mom, armed robber punisher

The doughnut shop fight that made the Ontario Court to protect the policyholder’s personal injury claim

The incident that took place a couple of years from now, i.e. in the month of February, 2011 forced the Ontario court to rethink on the personal injury claims, when it was found that the insurance policy excludes coverage for any kind of criminal acts. As a result, the Ontario court planned to issue orders to the insurer to guard the personal injury claim of the policyholder, when it was found that the policyholder, who was found guilty of assaulting the man, who is now suing him. 

Fausto Simone and Vincenzo Sgambelluri are the names of the persons involved in the fight. It all happened when Sgambelluri supposedly ran into the drive-through line. He has now sued Simone for all the alleged personal injuries namely broken leg, depression and anxiety, which he had to suffer because of Simone’s negligence.   

After several discussions, Simone received a conditional discharge as he was found to be guilty of common assault. But, as per the court records, the judge of the trial was “not convinced beyond a reasonable doubt” that Simone was responsible for any attack causing bodily harm. As written by Mr. Justice Bruce Glass in background with his May 31, 2013 decision on Economical’s duty to defend, “The trial judge found that there had been a chest bumping between the two men". 

Furthermore, the judge with the Ontario Superior court of Justice found that the proceedings could be based on those negligent actions that are not grouped under criminal actions. This caused the Ontario Court issue orders to the insurance company to protect the lawsuit against the policyholder for those personal injuries allegedly resulting from such an action.

When Simone found that the insurance policy he had, offers no coverage against the criminal acts, he applied to the court for a declaration asking economical insurance for his defence. But the insurance company, on the other hand, argued that the policy which Simone holds does not offer any kind of compensation for personal injuries developed as a result of any intentional criminal acts or failure to act.  

After scrutinizing all the proofs and studying the entire case, on May 31, 2013, Judge Glass ruled the decision in favour of Simone saying that he "is entitled to declaratory relief" and ordered the insurance company to support him "with the exception of a claim for punitive or exemplary relief," since punitive and exemplary damages are excluded from the insurance policy.

"There will be an order for a declaration that the Respondent defends the action," Judge Glass wrote.

Looking at the possibility that Simone could go for a negligence claim, Judge Glass in his ruling also suggested, exclusions of Simone's policy with Economical Insurance would not apply. However, "If there is a realistic possibility that a claim in negligence might be advanced separate from a claim for damagesresulting from an assault, the insured is entitled to benefit of a defence being carried by the insurer," Judge Glass wrote, noting that when determining whether a carrier has a duty to defend, a court must look "beyond labels used" by a plaintiff and "determine the substance and true nature of the claims."