Jury says U-Haul must pay $84 million to injured man -- chicagotribune.com
Do you think a verdict like this will cause U-Haul to be a safer company? Or do you think U-Haul will just ignore the jury's message and continue conducting business as usual?
Please give us your thoughts.
If you or a loved one are injured in an accident in Houston or the surrounding area, you will probably want to hire the best, most competent lawyer for the case.
So how do you find the best lawyer for your particular case? And how do you even get an appointment to talk to the best lawyers in Houston?
The best and most experienced attorneys in Houston will have people lining up at their door to hire them. These lawyers will be very selective about the cases they accept and the people they represent. It's often hard to get an appointment to talk with them directly.
If it's easy to get an immediate appointment with the lawyer you are thinking about hiring, ask yourself why? Maybe that lawyer doesn't have much else to do?
Once you get an appointment with a lawyer you are thinking about hiring for an injury, accident, wrongful death, or business dispute case you should ask questions. Lots of them.
Good lawyers will not be insulted by questions. They will most likely encourage you to ask as many questions as you want. Most of the best lawyers in Houston will want you to educate yourself during the hiring process.
Any lawyer who seems to discourage your questions or doesn't answer them in a straightforward no-nonsense way should raise red flags.
After all, the best lawyers consider it their job to keep you informed and educated and comfortable during the entire process.
Questions to ask a lawyer you are thinking about hiring
1. How long have you been in practice?
2. Do you have any experience handling a case like mine?
3. Can you give me a list of your past results or past cases?
4. Have you ever published any articles about cases like mine?
5. Have you ever had a case against the same company that was negligent in my case?
6. Will you actually work on my case?
7. How much experience does your support staff have in these types of cases?
8. Have you ever won a large verdict or settlement?
9. Are you board-certified in any field?
10. Do you carry malpractice insurance?
11. Have you ever been disciplined or reprimanded by a bar association?
12. What is my case worth?
13. Have you ever represented large companies or insurance companies?
14. Can I have a copy of my attorney-client contract to take home and study?
15. Why do you believe you should handle my case and not some other lawyer?
This list does not include every possible good question. It may depend on your case. But this list will certainly cover a lot of important areas and get you started down the right road.
Any good Houston personal injury lawyer will be glad to answer all these questions and any other questions you have. And they will be glad to answer them in a straightforward, honest, no-nonsense way!
If the lawyer is evasive or says he won't answer your questions until you hire him as your lawyer by signing papers, then you should probably just leave the appointment. That lawyer is either not experienced enough for your case, is desperate for business, or has something to hide.
Have a good question you'd like to suggest?
If you have other questions you'd like to suggest that are not on the list above, please submit your question to the comments section below. We will print the most popular and most helpful question in a future post.
For more questions, visit the rest of the entires on this website or go to www.vbattorneys.com.
Houston, Texas -- Vujasinovic & Beckcom has been prosecuting a truck accident lawsuit against a Victoria-based trucking company, in which one of the company's drivers allowed the over-sized load on the flatbed trailer of his tractor trailer to strike a pick up truck legally parked on the shoulder of US 59 in Montgomery County, Texas, killing a two year old child in the pick up truck. This truck crash happened on October 26, 2006.
Through discovery efforts, the firm recently discovered that the trucking company driver tested positive for cocaine on the day of the crash. Testing documents reveal the driver admitted using cocaine the night before the crash.
The firm further determined that the trucking company's top managers were told by their field manager that the load on the truck was illegal because it was 40,000 pounds over weight and over five and a half feet over wide.
According to sworn testimony by the trucking company's field manager, after he told the managers of this extreme safety risk, the managers told him to ignore the safety hazard and to send the truck on its 250 mile route from Berclair to Woodville, Texas.
The firm further determined that at the time the trucking company hired the driver, it knew that he had a criminal record including three felonies (all of which were drug or alcohol related), a driving record including a DWI, and that his commercial drivers license was revoked.
The law firm further determined that the trucking company ignored a comment on its website in which a motorist told the company that its drivers -- including the driver who killed the young boy -- were driving so unsafely that it was likely they were going to "kill someone," yet the company took no action in response to this warning.
Finally, the law firm discovered that the trucking company falsified the trucker's logs before producing them to the law firm in this litigation, based on a comparison to the drivers logs that were provided to the investigating Troopers at the time of the official DPS investigation. The case is pending in State District Court in Jim Wells County, Texas, and is set for trial in June of 2008.
If you have any information on this truck crash or on the driving and safety habits of trucking companies, please contact us.
Most people involved in truck accidents in Texas believe they can negotiate with the insurance companies on their own. This is one of the major mistakes we see when handling Texas truck accident cases.
The insurance companies have declared war on injured people. They write letters to injured people trying to convince them not to hire an attorney. They claim that the injured person will not get as much money if they hire an attorney. But the insurance company for the trucking company always hires a team of lawyers. Isn't it suspicious that they hire a bunch of lawyers but don't want the injured person to hire his or her own lawyer?
Why do the trucking companies, and their insurance companies, need a team of adjusters and lawyers but don't think an injured person needs their own lawyer?
Simple. Because they know that if an injured person is not represented, they are almost certainly going to be able to settle the case for an unfairly low amount.
Trucking companies and their insurance companies also have spent millions and millions of dollars trying to lower the amount of verdicts in truck accident cases. This propaganda has had an enormous effect on jury verdicts in Texas truck accident cases.
As a result of these developments, people injured in Texas truck accident should strongly consider hiring an experienced and aggressive lawyer so they can level the playing field and have a better chance of getting a full and fair settlement.
Simply put, you are almost certain to get an inadequate settlement without an experienced Texas truck accident attorney because the trucking company and insurance company know they can take advantage of an injured person much more easily if they do not have to deal with an experienced, aggressive attorney.
Why? Because an experienced Texas truck accident attorney will know what cases like your have settled for in the past, or what juries have given in the past when truck accident cases have gone to Court.
And the experienced truck accident attorney will be ready, willing, and able to take the negligent truck company to Court if the trucking company or its insurance company doesn't make a fair and adequate settlement offer.
Finally, an experienced accident attorney will be know the tricks that the trucking companies commonly use and will be prepared to deal with those tricks.
Level the playing field. Strongly consider hiring an experienced and independent truck accident lawyer before trying to settle a serious truck accident injury or wrongful death case.
While driving his 1997 Nissan Pathfinder, Michael Guillory was hit by a vehicle that failed to stop at a stop sign.
Although he states he was properly wearing his seatbelt, Guillory believes he was injured because the Pathfinder failed to protect him and the seatbelt unlatched and failed to restrain him.
Guillory filed a product liability suit against Nissan on March 10 in the Marshall Division of the Eastern District of Texas.
The lawsuit states that another vehicle, driven by Jeffrey Moon, disregarded a stop sign and crashed into Guillory's vehicle. The plaintiff says his injuries are a result of the Nissan being "not reasonably crashworthy, and not reasonably fit for unintended, but clearly foreseeable, accidents."
Teaching Point
There is a legal doctrine called the doctrine of "crashworthiness." That means that cars and trucks are supposed to be designed to protect the people inside in foreseeable crashes.
All too often, however, seatbelts fail, roofs crush in, cars roll over, tires fail, vehicles catch on fire, peole are ejected, etc. None of these events should occur in a foreseeable vehicle crash.
You can also read more about defective products cases by visiting www.vbattorneys.com.
After a car or truck crash, especially one involving significant injuries, the insurance companies for the negligent driver or negligent trucking company may try to trick you into making decisions that will hurt your chances of obtaining a fair recovery for any injuries you have sustained.
Here are five things the insurance companies or the negligent driver may try to do that you should avoid:
1. The negligent driver may encourage you not to call the police, claiming that there is no need because they admit liability.
You should always call the police after any car or truck accident involving injury. All too often, what you are told at the scene will change once the insurance companies get involved. You need the police to come and investigate the crash so an independent party makes a written record of what happened.
2. The negligent driver may encourage you not to get the names and contact information for witnesses.
This is a mistake as well. The more witnesses you have, the easier it will be to prove your case. Again, stories often change once the insurance company or defense lawyers get involved.
3. Not getting timely medical care.
Insurance companies love this. When you don't get immediately, or timely, medical care, they claim you couldn't possibly have been injured. If you think you or anyone in your car is hurt, seek medical care in a timely fashion.
4. Giving a "recorded statement" to the insurance company.
Many times, the insurance company will try to get you to give a recorded statement, where they ask you questions and record your answers to those questions. They want to do this before you get a lawyer.
Why? Because without your own lawyer, the professional insurance adjusters may be able to trick you into saying things that will hurt your case. They will be nice and friendly most of the time, but in reality, they are often trying to trick you into hurting your own case without you even knowing it.
5. Accepting a quick settlement in a serious injury or death case.
When liability is clear, the insurance company may try to offer you money quickly, before you've recovered or had a chance to talk to your own lawyer. These offer are almost always way too low and unreasonable, and are unfair. However, with the stress and uncertainty of a serious injury, you may be tempted to take their first offer.
Not a good idea. Most lawyers will be glad to discuss your case and the offer with you for free, to determine whether the offer is in fact a fair one. Since an initial consulation is free, it doesn't make much sense not to go ahead and get independent, professional advice on the offer.
A Houston man was left with permanent brain damage when he was involved in an accident with a car on the 610 West Loop, and his driver’s side airbag failed to deploy. His brain damage was caused when his head slammed against his car’s steering wheel, which would not have happened had his airbag functioned as expected.
There have been dozens of other cases in the Houston area where airbags have failed to deploy in a crash. This has prompted lawsuits and investigations into why airbags fail to deploy in some accidents.
A review of recall statistics at Safecar.gov reveals that since airbags were first implemented in passenger vehicles, there have been over 700 recalls due to airbag or airbag component failures. What is causing all these recalls?
Manufactures claim that airbags are governed by complicated, highly scientific sensors that are programmed to determine exactly when an airbag should and should not deploy. According to vehicle manufacturers, it may seem as though an airbag should have deployed, but if the accident was a side-impact crash instead of a full head-on crash, the airbag would have been prevented from deploying in order to protect the driver from being injured by the bag.
Of course this is little consolation to the gentleman who was left with permanent brain damage after his head-on collision, and countless others like him. If you suspect that your airbag should have deployed but did not, the NHTSA wants to hear from you. You can contact them at 1-888-327-4236 or go to www-odi.nhtsa.dot.gov/ivoq to file a complaint.
After an accident involving serious injury, or even wrongful death, especially in truck or car accidents, you can expect the insurance companies to be pounding on your door (not literally, of course!) and calling you all the time for a "statement."
Be very careful about what you tell the insurance adjuster. Especially if you don't have your own lawyer yet.
In fact, it is a good idea many times not to give a recorded statement at all. Why? Because the insurance adjuster may be asking you "trick" questions that will hurt your case later on.
Even though the insurance adjuster may tell you he or she is just trying to "gather up some information" or "get enough information to settle your case," the reality is that most insurance adjusters in serious accident claims are there to try to "trick" you into saying things that will hurt your case.
One purpose of written, recorded, and sworn statements is to keep someone from "changing the story" later on. The other purpose, of course, is to allow the insurance adjuster to twist your words into something you did not mean to be used against you at a later time.
When an insurance company comes to you looking for a statement, a big reason is to try to trick you into saying things that will hurt your case. The insurance adjuster are professionals at this sort of thing and have extensive training in taking statements from injured people.
Do you want to know if the insurance company is trying to trick you?
If you want to know if the insurance company is trying to trick you, ask them these questions and see what they say:
1. Before you take my statements, will you admit liability and put it in writing, and have the insurance company sign the letter?
2. Before you take my statement, will you promise to pay for all my medical care until I am 100% recovered, and will you put that promise in writing too?
3. Before you take my statement, may I see a copy of your investigation file for this case?
4. Before you take my statement, can I take a recorded or written statement from the person who hit my car?
5. Before you take my statement, will you promise to settle my claim and send the settlement check within 30 days?
Most insurance adjuster will not answer these questions or follow-thru with the commitments in the questions. That's because they are not really trying to help you or settle your case quickly or determine what's wrong with you so they can pay your claim. They are trying to minimize what they owe you.
Don't fall victim to the insurance company traps.
When you have statistics like this – 43 thousand people killed and 2.6 million injured every year on American’s roads, you know you have a problem. These are real numbers from the National Highway Traffic Safety Administration (NHTSA), and they give you an idea of how serious a problem auto accidents are in this country. In Texas alone, over 3,400 people die each year in auto accidents. As consumers we should all be up in arms, demanding safer roads and vehicles with better safety features. After all, it’s our friends and family out there risking their lives on the roads.
Traffic accidents happen for a variety of reasons. There are accidents that can be blamed on “human factors”: fatigue, carelessness, drug or alcohol intoxication, driver error, distraction, poor judgment, and more. Then there are failures of our road and maintenance operations. If roadways are improperly designed or maintained, they can be hazardous for drivers and cause unnecessary accidents and injuries. Then there are accidents that can – and should be – be prevented by better vehicle technology.
Vehicle Manufacturers Can Make a Difference
Vehicle technology has come a long way since the first Model T’s hit the streets in the early 1900’s. These days, with our massive super-highways, high-powered performance engines, and millions of vehicles traveling together every day, safety isn’t a “nice-to-have” – it’s a necessity. Seatbelts, anti-lock brakes, airbags – these are just a few examples of safety measures that have helped reduce fatality rates on our roads. What does the future hold for safety innovations?
Have you been paying attention to all the recalls in the news lately? Did you know that auto recalls were up 30% in 2007 compared with 2006?
Ford led the pack with over 5.5 million recalls last year, 3.8 million of which were due to a faulty cruise control switch. Next in line was DaimlerChrysler with 1.47 million recalls, and Volkswagen clocked in with 1.4 million.
If you’re concerned about the safety of the vehicle that you’re driving, then do yourself a favor and check out these websites. Safecar.gov is maintained by the National Highway Traffic Safety Administration (NHTSA) and allows you to search for recall information, view current complaints against manufacturers, or file a complaint yourself.
You can also check the Recalls.gov website, an online portal that provides access to six federal agencies that maintain recall information. From this site you can access the NHTSA recall data
Were you affected by the record recalls last year? What do you think that manufacturers can do about it? Leave us a comment, and then check out our articles about the 2007 auto recalls and about product recalls in general.
Unfortunately, Houston and the surrounding counties have one of the highest rates of truck accidents and car accidents in America.
Let's say you were involved in a serious truck or car accident in Houston or the surrounding area. Chances are, the other driver will have insurance. (In fact, insurance is required by law!).
If the accident is serious, the insurance company will likely have their entire team of investigators on the scene within minutes or hours. We have seen cases where the insurance investigation team literally beats the police officers and ambulance drivers to the scene.
Why does the insurance company send a team to the scene so quickly? Simply put, to try in any way possible to minimize what they will pay the innocent injury victims. The insurance company representatives are looking for evidence that will help them build up a case to not pay a fair settlement.
Often, the insurance company will make contact with the injured person or their family shortly thereafter. The insurance representative will act like your best friend and do everything possible to convince you to settle out quickly.
This is an insurance company trick. It's a game. And they hold most of the cards.
So how do you get the upper hand? How do you turn the tables on them? Or at least figure out whether the insurance company is being straightforward and honest is what they say to you?
Try this. Ask the insurance company representative the following 5 questions and see how they respond:
1. What are the limits of insurance for the driver that caused the accident?
2. Will you send me a letter in writing confirming that you have accepted full responsibility for the accident on behalf of your insured?
3. Will you confirm in writing that you will pay all medical bills, lost wages, and at least that much in pain and suffering?
4. Can I have a written admission from the driver that he or she is at fault?
5. Will you send me a copy of the claims file so I can see what you really think about the accident?
The answers to this questions (if the insurance company agrees to answer them, which is highly unlikely) should give you an excellent idea about what the insurance company is really up to.
There are way too many truck accidents in Houston. There is probably more than one reason. First, there are just a whole lot of trucks in Houston. The more trucks traffic, the more likelihood of truck accidents.
Second, some of the trucking companies hire incompetent or reckless drivers. Those drivers, not surprisingly, cause truck accidents.
After a car or truck accident, the insurance company will probably want to take a "recorded statement" from you. The insurance company will tell you they are trying to "investigate your claim" and "determine liability" and they need your recorded statement "for their file."
The insurance company will try to convince you it is in your best interest to give a quick recorded statement. They will say something like "just tell us what happened" so they can "make an offer" on your case.
It is a bad idea to give a recorded statement to the insurance company unless you have your own independent attorney involved.
Why?
Because the real purpose of a "recorded statement" is so the insurance company can trick you into saying something that will hurt your case or allow them to avoid responsibility for paying your claim. The insurance company and their adjusters are skilled at "investigating" the case in such a way that it either allows them to avoid responsibility entirely or significantly reduce the amount of your claim.
The bottom line is that if you were involved in a car or truck accident in Houston or the surrounding counties and the insurance company starts trying to talk you into giving a recorded statement, carefully consider not giving a recorded statement without your own independent legal advice. Otherwise, you may be falling into an insurance company trap.
A few days ago, Haydee Valdez Mendez, age 30, died when a large vessel being transported by an Ace Transportation flatbed truck came off the flatbed and fell on top of Ms. Mendez's SUV.
The Houston Chronicle reports that Mrs. Mendez was married with two young kids. She was studying at the University of Houston-Clear Lake to be a teacher.
According the reports in the Houston Chronicle, the driver failed to heed posted warning signs regarding bridge clearance and failed to follow the designated route allowed by his permit.
The driver told police investigators that he thought his load was 14 feet 6 inches.
The vessel was being transported from Capco Fabrications to Henderson.
You can read the entire story by clicking here.
Now that the investigation has begun, one would hope that the company, Ace Transportation, would do a full-blown investigation into its own hiring, training, loading, and driving policies, as well as inform all of its truckers of the importance of following all safety policies and procedures. We hope the company will not simply rely on the police investigation. And we hope the company will preserve all the evidence.
Some questions the company should be forced to answer:
1. Why was the driver under the impression the load was shorter than it actually was?;
2. Why was the driver traveling this particular route?:
3. Who trained the driver?;
4. What do Ace Transportation's safety policies and procedures say about this particular operation?;
5. Who loaded the trailer?;
6. Why wasn't the load better secured?'
These are just a few of the questions that Ace Transportation should have to answer.
Some insurance companies will send letters to people involved in car or truck accidents telling the injured person that they do not need an attorney.
Since 1995, for example, Allstate has been sending a letter entitled "Do I need an Attorney?" which makes the following claims, among others:
1. Claims are settled faster when a lawyer is not involved;
2. Lawyers charge a percentage of recovery and if you settle directly with Allstate you get to keep the entire amount;
3. Injury victims can hire a lawyer later if they don't like the settlement offer;
The letter includes many other statements that are misleading, half-true, or not true at all. Other insurance companies also try to convince injured people not to hire their own lawyer.
Here is the plain truth--Allstate, and the other insurance companies who send these types of letters, do not care anything at all about you or whether you receive a fair settlement.
In fact, the insurance company's own statistics prove that its costs the insurance industry an average of $9000 more per claim when the injured person has a lawyer.
The reason the insurance companies try to convince people not to hire an experienced lawyer is because they know they can settle the case more cheaply if the injured person doesn't have a lawyer.
The truth is that you should always at least consult with an attorney before settling a personal injury or wrongful death claim. Our firm never charges anything for meeting with a client and answering any questions they may have about their case. Other good personal injury firms in Houston offer the same benefit.
For example, we will talk to you about:
1. The reasonable value of your case;
2. Why delay may be a good thing (or a bad thing);
3. How to get your medical bills and treatment taken care of;
4. How to recoup any lost wages;
5. How long the case will take.
And many other topics. Or any other questions you may have about your case.
The insurance companies won't answer these questions. Or at least they won't give you straight and truthful answers.
If you have been involved in a serious car or truck accident in Houston, and the insurance company is trying to convince you not to hire a lawyer, you should know right away that they are trying to trick you into settling your case for pennies on the dollar.
And once you know the insurance company is trying to do this, you know you can't trust a thing they tell you after that.
For more information on insurance company tricks, visit our firm's main website, www.vbattorneys.com.
Every once in a while, a prospective new client will tell me that "there is no way to lose" his or her case and the insurance company will pay money quickly.
I wish I had a dime for every time someone said this to me.
Although most cases settle, they do not settle until the insurance company has done everything in its power to minimize the value of the case.
For example, the insurance companies know that the television advertising making false claims about the U.S. civil justice system will probably prejudice a lot of jurors against the injured person from the get-go.
Then, the insurance company will spend whatever it takes to win the case. They will hire doctors to say you are faking it. They will try to twist any pre-existing medical condition you had into an excuse for not paying for your current injuries. They will hire experts to say the accident was your fault or that you don't have any economic losses. And the list goes on.
What this means is that you cannot entrust your case to a lawyer who says it will be easy, quick, painless, or automatic. Any lawyer who tells you this is not very familiar with the reality of personal injuries cases in Houston.
Instead, you want a lawyer who is honest and straightforward, who answers all your questions, and evaluates your case realistically.
Don't ever assume a personal injury case in Texas is easy. That is almost always never the case, especially in a case with significant and permanent injuries. To maximize the fair value of your case, talk to a lawyer who knows personal injury law in Texas.
1. First and foremost, get appropriate medical attention. Your health is the first priority, as well as the health of anyone else involved in the truck accident.
2. Second, if possible, call the police. Truck drivers will sometimes accept responsibility at the scene and discourage you from calling the police. Then, after everyone is gone, they start denying responsibility.
It is perfectly appropriate, and a good idea, to make sure the police come and take statements, investigate the truck wreck, etc.
3. If you are able, get the contact information for the truck driver and any witnesses. Get insurance information. Make sure that later on, you will have witnesses to back up your version of what happened.
4. Take photographs if possible. Photos are almost always helpful. Like they say, "a picture says a thousand words." This is true with truck accident cases particularly. It is difficult for a truck driver to claim that he or she wasn't at fault when the pictures show otherwise.
5. Consider getting legal advice if you believe you have serious injuries. The trucking companies and their insurance companies almost never offer fair settlements unless a lawsuit is filed and a trial date is scheduled. And most personal injury lawyers, including our firm, offer free initial consultations to let you know what your options are.
You are certainly free to talk to the adjuster and/or the trucking company before hiring your own lawyer. However, be aware of some "tricks" they may try to use against you to hurt your case:
"Trick #1" They will try to get a recorded or written statement from you. It is a bad idea to give insurance adjusters or trucking companies written or recorded statements unless you have your own independent legal advice. Often, they will ask you questions designed to lower the value of your case or make it seem like you were at fault. You are not required to give a written or recorded statement.
"Trick #2" Trucking companies and their insurance adjusters will try to convince you not to hire a lawyer. They will claim that you will get less money if you hire a lawyer than if you negotiate the case yourself. This is false, and studies have been done to prove it. The trucking companies and insurance companies have lawyers--you should have one too, and if they tell you that you don't need a lawyer, be very cautious about anything else they tell you.
"Trick #3" Some trucking companies or their adjusters will offer to provide medical care. The trick here is that they hand pick company or insurance doctors. You are NOT required to see company or insurance doctors. You should choose a doctor on your own, a doctor who you feel comfortable with. That is often the only way to ensure that you get appropriate medical treatment.
"Trick #4" All too often, the insurance adjuster or trucking company will tell you that they need a bunch of information and once they get that information, they will settle your case for a fair amount. Then, they keep asking for more information in an effort to delay your case.
Time is on their side. If you wait to long, you may be prevented from ever filing a claim or lawsuit because of the statute of limitations or because the evidence is gone by the time you file your case.
In our experience, trucking companies and their insurance adjusters almost never offer a reasonable and fair amount unless you've acted quickly to preserve your legal rights. Don't let them string you along for months and months while they promise a reasonable settlement. Conclusion:
You are certainly within your rights to try to negotiate a trucking case on your own. However, trucking companies and their insurance adjusters have teams of lawyers giving them advice. You should be very careful when dealing with insurance adjusters or trucking companies without your own independent legal advice.
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