Houston Injury and Accident Lawyer & Attorney : Vujasinovic & Beckcom Law Firm : Workplace Injuries, Car Accidents, Insurance Claims : Harris County, Texas

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(all of which were drug or alcohol related), a driving record including a DWI, and that his commercial drivers license was revoked.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.

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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.

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On February, 12th, 2008, all 25-microgram-per-hour patches that expire on or before December, 2009 sold in the U.S. were recalled by Johnson & Johnson. 

The recall includes Duragesic and Sandoz brands, both of which are manufactured by the Johnson & Johnson subsidiary Alza Corporation. 

The recall occurred as a result of the potential for a cut along one side of the drug reservoir where fentanyl is stored in gel form, causing a leak of the gel. As fentanyl is a dangerous opioid drug, patients and caregivers who come in contact with a leaking patch may have difficulty breathing, or potentially be victims of a fatal overdose. 

This recall follows a 2004 recall of five lots of 75-microgram-per-hour patches for leaking defects.  Many other lots, of all sizes, that were not recalled suffered from leak defects as well.

In addition to reports of leaking patches, the FDA has investigated deaths and life-threatening side effects in patients who never should have been prescribed the patch. 

Fentanyl pain patches are approved for moderate to severe chronic pain.  They should be prescribed only to patients who are accustomed to powerful narcotic drugs.  The reports of improper prescribing of the patch prompted. the FDA in December of 2007 to issue its second Public Health Advisory regarding fentanyl pain patches. 

The Public Health Advisory stated that "reports indicate that doctors have inappropriately prescribed the fentanyl patch to patients for acute pain following surgery, for headaches, occasional or mild pain, and other indications for which a fentanyl patch should not be prescribed."

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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.

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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.

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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.

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If negligent or reckless person or company caused you serious injury or caused a loved one to suffer wrongful death, you may have a "personal injury" or "wrongful death" case.

However, there are some serious mistakes that people make in these situations that can put such a case in serious risk.

Here are some examples of serious mistakes that may put your injury case at serious risk:

1.  Giving a recorded statement to the insurance company without having your own lawyer present;

2.  Not getting appropriate and timely medical care;

3.  Failing to gather witness information from the scene of the accident;

4.  Not calling the police immediately;

5.  Hiring a lawyer who has never handled a serious injury or death case because "a friend recommended the lawyer;"

These are just a few of the examples of some things that can put a personal injury case in serious jeopardy. 

Before you hire a lawyer, and before you talk to the insurance company, do your own research.  Go to our main website, www.vbattorneys.com, and get free information.  Look on the Internet.  Talk to people who know good lawyers.  Interview more than one law firm to make sure you are comfortable with your lawyers.

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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.

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