Many people think recovering damages from a car accident is straightforward. One simply files an accident claim with the insurance company and adequate compensation will be received. But remember, insurance companies are in business to make a profit and the less they pay out, the more profit they make. Additionally, accidents leading to wrongful death, involving life threatening injuries such as spinal cord injuries or resulting in long-term disabilities such as paralysis have additional costs like hospital-related care, potential lost income and emotional distress.

In some cases, a thorough investigation reveals hidden problems that contributed to accidents. For example, a legal loophole allows rental companies to continue renting out vehicles involved in recalls without the company having repaired the product defect, even if the defect has led to car wrecks. In other instances, vehicles sold as “safe” have been found to been previously wrecked and then poorly repaired before being sold by dealerships to unsuspecting buyers, who are then seriously injured in what should have been a minor accident. In these cases, an injured party might be able to pursue additional product liability claims as well as claims for breach of express warranty, breach of implied warranty of merchantability and intentional misrepresentation.

An experienced Houston auto accident lawyer like Brian Jensen can help you determine the full and just compensation you deserve if injured in a vehicular accident, whether it involves the driver of another car, truck, sport utility vehicle or 18-wheeler or other commercial vehicle.

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An illegal street race, which led to a car crash that killed a Houston mother and her two children in late September, has resulted in felony fatality racing charges against the two teenage drivers involved in the race. It’s hard to say how many Houston vehicle accidents result from illegal street racing since, in many cases, there are no witnesses. Investigating officers end up noting the cause of the accident as due to excessive speed, reckless endangerment, exhibition of speed, or other similar terms.

A look at 2009 Texas car accident statistics reveals some of the top crash contributing factors are changing lanes when unsafe, disregarding stop signs or traffic signals, failure to control speed, failing to drive in a single lane, and failure to yield. Obviously, not all of these incidents were street racing, but the facts demonstrate, many auto accidents would be prevented if drivers stopped engaging in reckless behavior.

If you or a loved one has been injured due to another’s reckless driving, contact Houston auto accident lawyer, Brian Jensen.

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A 16-year old boy died in Manvel, TX while under restraint at a residential, treatment facility for children and young adults with special developmental needs or high-risk behaviors. The state of Texas placed an on-site monitor at the facility earlier in the year after staff members provoked a fight between seven girls. However, the monitor was not at the facility when the death occurred. According to a review of state records by the Houston Chronicle and Texas Tribune, in the past two years, residential facilities have had more than 250 confirmed incidents of abuse and mistreatment.

Placing a loved one, whether an elderly parent or a developmentally-challenged child, into a residential facility is a difficult decision and you should not have to worry about mistreatment by the staff. However, if you believe a loved one has been a victim of abuse or neglect, contact Houston nursing home negligence attorney, Brian Jensen.

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Multiple Houston auto accidents resulted in the deaths of two pedestrians and a bicyclist as well as the injury of four additional pedestrians in the first two weeks of November. At the beginning of the month, a woman driving under the influence of prescription medication, struck and killed a father as he attempted to prevent his infant son from being struck by the vehicle. The baby suffered a broken arm. In another accident, an elderly man drove into a group of four pedestrians, which resulted in three injuries, one of which was a head injury. In a third incident, the driver of a car lost control and struck a pedestrian when turning left in front of a truck travelling in the adjacent lane. In a fourth accident, a dump truck struck and killed a bicyclist in west Houston.

“On average, a pedestrian is killed in a traffic crash every 120 minutes and injured in a traffic crash every 8 minutes,” according to National Highway Traffic and Safety Administration Traffic Safety Facts. Fatalities are more likely to occur in cities and claim more than twice as many male as female lives. In 2008, pedestrian fatalities accounted for over 12 percent and bicycle accidents for over one percent of total Texas traffic fatalities.

If you or a loved one has been injured in a vehicle/pedestrian or vehicle/bicycle accident, contact Houston accident attorney, Brian Jensen.

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According to a Major League Baseball report, pitcher Dallas Braden filed a medical negligence suit against former team surgeon, Dr. Thomas Peatman, and the Webster Orthopaedic Medical Group in Oakland where the doctor practices. The Oakland Athletics pitcher went to Dr. Peatman to have a cyst removed in 2009. The suit alleges that during the procedure Dr. Peatman severed a nerve in Mr. Braden’s foot. The suit claims the injury has led to numbness, fatigue and pain, which has affected the claimant’s job.

Mr. Braden’s claim is typical of negligence cases. There is an injury that has led to damages; in this case, it has impacted a high-profile career, and the injury is claimed to be caused by a breach of duty on the part of the doctor. But, is there a difference between medical negligence different from medical malpractice? Malpractice is negligence on the part of a professional such as a doctor, who is obligated to provide a certain standard of care.

Proving professional negligence requires evaluation of patient records, detailed investigation and expert preparation, which is why an injured party should seek the assistance of an experienced medical malpractice attorney such as Houston’s medical malpractice lawyer Brian Jensen.

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When most people hear premise liability, they think about an owner’s responsibility to a person injured on their property in a slip or fall or other similar accident. People associate injuries caused from property defects, presenting attractive nuisances such as unfenced swimming pools accessible by children, and employee accidents with premise liability. However, another facet of premise liability exists, that of premise security liability.

In the simplest terms, premise security liability focuses on the duty of a commercial property owner to provide reasonable protection to customers from criminal activities. In premise security liability cases, it is the injured party’s responsibility to prove negligence on the part of the property owner. The property owner must have breached his duty to protect the injured party from foreseeable criminal activity. There must also be damages for which the injured party can be compensated.

Don’t be overwhelmed by the legal terms. Let an experienced attorney like Houston’s premise liability lawyer, Brian Jensen, assist in determining if you or a loved one has a valid case.

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A recall has been issued in the U.S. for over 700,000 Toyota models: 2005-2006 Avalon, 2004-2006 Highlander (non-hybrid), 2004-2006 Lexus RX330 and 2006 Lexus GS300, IS250 and IS350. The recall is for a master brake cylinder seal that if not replaced can, according to Toyota’s press release, result in “a spongy or soft brake pedal feel” and the eventual decline of braking performance.

This recall adds to the millions of defective products already recalled by the company this year. In January, the company issued a recall for a number of models with sticky accelerators. In February, the Prius was recalled for brake problems and the Tacoma for propeller shaft problems. In April, Consumer Report issued a “Don’t Buy” warning for the 2010 Lexus GX 460 because of the increased risk of rollover accidents. In May, Lexus sedans were recalled for steering issues, and in July, yet more Lexus models were recalled for engine stalling problems.

If you or a loved one has been injured in a car wreck involving a Toyota vehicle, call Texas auto-vehicle accident lawyer, Brian Jensen.

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The most common medical errors that result in payments for medical malpractice are failure to diagnose, improper performance, delay in diagnosis, wrong diagnosis and improper management, according to an analysis performed by Public Citizen on data from the National Practitioner’s Database (NPDB). The NPDB also collects data on easily preventable errors, which include instances of leaving foreign objects in patients, operating on the wrong body part or wrong patient, providing the wrong medicine or treatment and failure to protect from infection.

More disturbing than the types of medical errors that occur more frequently than most people imagine is the fact that doctors who commit medical malpractice continue to practice. According to the Public Citizen’s analysis of NPDB data, two-thirds of doctors who commit “10 or more malpractice payments were disciplined by their state board.”

If you or a love one has been injured by medical malpractice or medical negligence, let an experienced lawyer certified in personal injury such as Houston medical malpractice attorney, Brian Jensen, help you sift through the facts and recover full compensation.

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A multi-vehicle accident in Fort Worth sent 13 students to the hospital after an SUV rear-ended a bus. While there have been no reports of severe injury to any of the students, the accident brings to light the hazards students face when riding on school buses.

Texas law requires all riders in a passenger vehicle to wear seatbelts. However, school buses and charter buses do not have the same requirements. In fact, many Texas school buses do not have seatbelts despite the fact that in 2007, the Texas legislature passed a bill requiring new school buses purchased after September 1, 2010 to have three-point harness seatbelts and charter buses to have the upgraded seatbelts by 2011. However, the Texas Education Agency slashed the $10 million budget to $3.6 million and is now recommending the law become voluntary. The agency is also claiming their implementation plan has not been approved by the Legislative Budget Board.

Vehicle accidents are one of the few instances in which the local, state or federal government can be held financially accountable for their negligent actions. However, there are time limitations as well as additional filings that must be adhered to. A seasoned auto accident attorney like Brian Jensen can assist you with your claim.

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An 18-wheeler and train collided in northeast Houston recently. Initial reports indicated there might be a leak, but the semi released only a small amount of diesel and oil. An investigation into the cause is underway.

Texas has over 10,000 railroad crossings at grade, which is probably why it has one of the highest rates of accidents or incidents in the U.S. The average train outweighs a passenger vehicle by 4,000 tons, which translates into a higher injury/fatality rate than multi-vehicular accidents.

Drivers should exercise extra caution when approaching a crossing. Sometimes the line of sight at crossings is poor due to overgrown vegetation, turns in the road and steep grades, and at night, trains can be extra difficult to see. Drivers should also heed warning signs and not go around down gate arms.

If you or a loved one has been injured in a collision, contact Houston auto accident lawyer, Brian Jensen.

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