Sep 24 2012

Man From Sugarland is Killed on a Horse Carriage Ride in Galveston by Suspected Drunk Driver


When you take a ride in a horse drawn carriage you don’t expect it to be your last.
But in a recent accident in Galveston, a tourist who took a horse drawn carriage rode was killed when a suspected drunken driver slammed into the back of the carriage. Four other people were injured in the accident, the Houston Chronicle reported.
The dead tourist was identified as Bobby Mc Kelvey, 57, of Sugar Land, Texas. His wife Renee Mc Kelvey, 46, was injured but was listed in a stable condition at Galveston’s University of Texas Medical Branch.
The other people who were injured in this accident were the operator of the carriage,Joe Hodsdon, 26 of Galveston and Holli Vowell, 18, of Galveston County, another passenger. Their injuries were not life threatening.
Police pointed to the inherent dangers of horse drawn carriages which afford little protection to people who ride in them.
The driver of the car that hit the carriage failed field sobriety tests, police said. He was charged with three counts of intoxication assault and one count of intoxication manslaughter.
“Police said the car slammed into the back of the carriage near the intersection of 21st Street and Avenue L as it was headed south to the beach. The victims reportedly had celebrated a birthday and were en route to the Hotel Galvez & Spa at 20th Street and Seawall Boulevard,” the Houston Chronicle reported.
Police said accidents involving horse drawn carriages are very rare.
I’m sad to say as an experienced Houston auto accident injury lawyer, accidents involving alcohol are not.
In a recent blog I described how a man from San Antonio was charged with intoxication manslaughter after a crash that wiped out four members of his family.
If you have questions about an injury you suffered from a drunk driver or if a family member was killed, please complete our online contact form or call us at (713) 888-8888 or (281) 888-8888. We provide a free consultation.

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Jul 22 2012

Man is Charged with Intoxication Manslaughter After Single Car Crash Kills Four in San Antonio


You don’t need the specialist knowledge of a Texas auto accident injury attorney to know driving and alcohol or drugs don’t mix.

But even by the standards of alleged drunk driving accidents a recent crash in San Antonio was heartbreaking.

A wreck in the city in the early hours of June 18, 2012 claimed the lives of four people, and injured two others.

The occupants of the car were killed when it slammed into construction equipment by the side of the road.

The Associated Press cited jail records showing 35-year-old Larry William Demers was jailed on three counts of intoxication manslaughter, two counts of intoxication assault and a probation violation. His bonds total $420,000.

The driver only suffer minor injuries. Passengers in the car he was traveling in were less fortunate.

A police statement said a 31-year-old woman and two children, ages 2 and 3, were killed outright in this crash. And a 5-year-old child died later at a hospital.

Another child aged 12 is hospitalized in critical condition at University Hospital. Our thoughts are with the relatives of those who died in this tragic crash.

If this driver was intoxicated at the time of this horrific crash there can be few more damning indictments than the four deaths that resulted from the accident.

As well as the criminal charges he could also face a wrongful death lawsuit brought by relatives of those who died.

 

In 2009 Texas recorded 1,235 road deaths linked to DWIs. This represented 40 percent of all deaths on the roads of the state that year, indicating Texas has one of the most significant drunk driving problems in the United States.

If you have questions about an injury you suffered from a drunk driver or if a family member was killed, please complete our online contact form or call us at (713) 888-8888 or (281) 888-8888.  We provide a free consultation.

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Jun 19 2012

Woman Dies in Wreck Involving US Postal Service Truck in Houston


Woman Dies in Wreck Involving US Postal Service Truck in Houston

When big rigs are involved in crashes the consequences are often serious and sometimes fatal.

Sadly a woman whose SUV was involved in a wreck with a US Postal Service 18-wheeler in Houston on May 11, 2012, died later at Methodist Willowbrook Hospital, abc news reported. Even at low speeds, the weight of 18 wheelers can render accidents extremely serious.

Pictures from the scene showed the truck pinned against a minivan on an intersection in a residential neighborhood.

The accident took place at 13100 Misty Willow at Misty Willow Place in northwest Houston. One woman, believed to be an elderly passenger, died while another woman in the van was taken to a local hospital. The extent of her injuries are not known.
The driver of the big rig was not believed to be seriously injured. He was seen walking to an ambulance but was later transported to a local hospital.

As experienced Houston Truck Accident Attorneys, we see many unequal crashes on the roads of Texas between heavy trucks and other vehicles such as vans, cars or motorcycles. Some of the results are horrifying.

In this case the wreck clearly occurred at a low speed as a maneuver on a residential street went badly wrong.
Recently our Texas truck injury attorneys reported on how a rise in accidents involving 18 wheelers is leading some Texas counties to restrict trucks on sections of their highways.

If you are hurt in an accident involving a big rig it’s often possible to sue the trucking company and awards are usually higher than in car accidents.

But what if the truck involved belongs to the federal government as in this case?

If you have a claim against the federal government of which the US Postal service is a branch, often your only option is to sue the federal government under the Federal Tort Claims Act (FTCA).

It’s a more complex process than suing a private citizen and it can involve numerous hoops and many limitations.

Historically you were not permitted to sue the king under a doctrine known as “sovereign immunity.” The Federal Tort Claims Act allows some lawsuits against employees of the federal government as long as they are acting within the scope of their employment.

An experienced lawyer can help guide you through the Federal Tort Claims Act. For a free case evaluation by an experienced Truck Accidents attorney who could assist you with a potential personal injury case, please call our law firm at (713) 888-8888 or (281) 888-8888.

 

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Aug 23 2011

“Click It or Ticket”, Texas Seat Belt Law

by admin in Texas Seat Belt Law

After hearing a “Click It or Ticket” radio jingle for the hundredth time, I decided to do a little research on the newly passed Texas law:

Who Gets the Ticket

If you are age 15 and over and in a passenger vehicle (passenger car, light truck, sport utility vehicle, passenger van designed to transport 15 or fewer passengers including the driver, truck, or truck tractor) without your seat belt on, you have violated the law and can get a ticket. The tickets normally will be between $25 and $50. These tickets will be given to the person not wearing the seat belt, not to the driver. Personally I think this makes sense, if my friend in the back seat chooses not to wear his seat belt I should not have to pay for his mistake.

When YOU Get the Ticket

If you are driving a passenger vehicle and someone under the age of 17 is not in a seat belt or car seat (which is required for children under 5 who are also shorter than 4’10″) you have violated the law and can get a ticket. These tickets normally are between $100 and $200. These tickets are given to the driver, not to the passenger. This also leaves an interesting area, when the passenger is age 15 or 16 they can be ticketed as well as the driver.

Exceptions to the “Click It or Ticket” Rule

There are six exceptions:

  1. if you have a doctor’s note for the person to not have to wear a seat belt;
  2. if you are operating as an employee of the US Postal Service;
  3. if you are delivering newspapers;
  4. if you are operating for a utility company and reading meters;
  5. if you are driving a commercial farm vehicle under 48,000 pounds; and
  6. you are operating a trash truck.

This basically covers Texas Seat Belt Laws post 2009 revisions. They are available via the Texas Department of Public Safety’s website.

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