Respondents in the study were asked their opinions about traffic safety, and more than a third said that in spite of falling traffic accident fatalities across the state, they don’t feel safe on the road. In fact, only 20% of the respondents said that they feel more safe driving than they did five years ago. About 50% of the respondents were concerned that aggressive driving has increased, and 80% believe that talking on the cell phone or texting while driving are even more widespread practices now, than they were a few years ago.

When respondents were asked whether they favored a ban on cell phone use, they overwhelmingly responded in favor of a ban, with a margin of two to one. That should encourage legislative efforts aimed at preventing cell phone use behind the wheel. The Texas Legislature currently has a few bills pending that aim to prohibit or limit cell phone use behind the wheel.

No Houston car accident lawyer would believe that legislation is the only way to curb distracted driving. However, the fact is that we need some kind of legislation in order to nudge people into switching off of their cell phones while driving. This study shows that the awareness of the dangers of cell phone use while driving, is very high in Texas. We now need legislation as well as promotion of cell phone blocking technologies to minimize cell phone use at the wheel.

This year, the country’s highest court made several revisions to the Miranda warnings.  The court did not make any changes to the actual wording of the Miranda rights, although it did approve one version that is being used in some parts of Florida.  That Florida version goes like this:

You have the right to talk to a lawyer before answering any of our questions.  If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning.  You have the right to use any of these rights at any time you want during this interview.

Criminal defense lawyers in Florida argued that this version of the warnings did not make it clear to suspects that they could have a lawyer present WHILE the police was questioning them.  But the 7-2 Supreme Court majority obviously did not agree.

There are other more serious changes to the Miranda rights.  For the first time, a suspect’s request for an attorney is only good for about 14 days from the time he is released from custody.  Once those 14 days are up, police officers can question the suspect again without having to repeat his Miranda rights, and without doing anything unconstitutional.

In yet another change, the Supreme Court ruled 5-4 that suspects who want to remain silent, must inform the police that they intend to remain silent.  In other words, suspects who want to remain silent, must inform the police that they intend to remain silent, and thus, break their silence.  It’s enough to make your head spin.

If you have been charged with a crime, or have questions about criminal legal issues, contact the Husband & Wife Legal Team at The Kahn Law Firm for a free legal consultation by calling 713-226-9900.

With Father’s Day just over, the Ramirez family continues to grieve their father’s unexpected death.  Victor Ramirez, 79, was killed as he rode his bicycle home from the store at the corner of 4th and 14th Street in Texas City, Texas on June 7, 2010.   The driver fled the scene of the accident.   A video camera located on the premises of the BP refinery did not capture the accident, but did see a dark colored car with blade rims on it.  Mr. Ramirez was a Korea War veteran.  If you can help this family locate the driver of the vehicle that killed their father, please contact Texas City police or the family at 409-945-8744.

Elevated levels of cadmium have been found in the paint used on the glasses. Long term exposure to cadmium can have negative health effects.  It is a known carcinogen and has been linked to softened bones and severe kidney problems. The potential danger with the cadmium on these glasses would be long term exposure from continued use with the metal leaching into a child’s skin and then that child putting an unwashed hand into his or her mouth.

The U.S. Consumer Product Safety Commission (CPSC)  recommends discontinuing use of these glasses immediately due to the elevated levels of cadmium.  McDonalds  announced that next week they will have instructions on their website about returning the glasses for a refund.

If you have been in an accident or injured as the result of the negligence of another, contact the Husband & Wife Legal Team at The Kahn Law Firm today for a free case review at 713-226-9900.

The issue of prison alcohol treatment programs was in the spotlight this month after a repeat DWI offender killed two people in a drunk driving accident. The intoxicated motorist John Patrick Barton, had spent much of his prison time idling around, not receiving the kind of alcohol treatment he needed. He had twice spent time in prison for drunk driving, and not received any treatment for his addiction. Not surprisingly, he got out of prison and back into his car, this time with deadly consequences.

Legislators voted to increase spending for prison treatment programs this year, increasing it to $97 million from $36 million in 2007. If the government decides to reduce funding for the program, it would undo a lot of the good work that has already been done in this area. According to the Texas Department of Criminal Justice, the increased funding this year for prisoner treatment programs has had a great impact. When the program began, there were estimates that Texas prisons could be overflowing by more than 10,000 prisoners. That has not happened. Because of the success of the treatment program, fewer drunk driving offenders are returning to prison.

In much of the hysteria of that surrounds drunk driving accidents, we can forget that these are people with a very serious addiction they need treatment for. Often, for most of these people, the only place where they can access such specialized treatment is in prison after they have been arrested for drunk driving. Slashing funding for these very essential programs only increases the risk that these DWI offenders will go out, and drive intoxicated again. As Houston DWI attorneys, we hope that better sense prevails and that the alcohol treatment funding remains untouched.

Texas currently leads the nation in alcohol related accidents involving death–1473 in 2008. Additionally, over 6,200 individuals are serving time for DWI related offense in Texas.  A third conviction of DWI is a third degree felony offense and is punishable by up to 10 years in prison.

If you or a loved one has been charged with DWI, intoxicated assault, intoxicated manslaughter or murder (due to an alcohol-related accident), contact the experienced DWI lawyers at the Kahn Law Firm for a free consultation at 713-226-9900.

If you have a personal injury matter, it is important that you hire a competent attorney to help guide you through the complex legal system.  Many people come to us after they have tried dealing with insurance adjusters on their own only to find out that they have been strung along by the adjuster with the “promise to pay” but the “pay” never comes. Also, by this time, these individuals have made statements to the insurance adjuster that can be damaging to their case.

As personal injury attorneys, we know what you are entitled to recover in an auto accident and how to best represent you in these matters.  The law is complex and ever changing and we spend a lot of time keeping up with these changes in the law.

Our firm handles almost all personal injury cases on a contingency fee basis which means that you don’t pay any money until or unless we secure a recovery for you.

Hiring an attorney quickly after an injury or accident is important. Important things that may need to occur immediately after an accident include notifying the proper insurance and making a claim, getting the proper medical treatment, preserving evidence, etc all of which may be instrumental in your case.

It is important that you get  medical treatment right away after your injury and continue with any treatment or therapy as prescribed by your doctor.  If you do not have medical insurance or cannot afford treatment, in many cases we can arrange for you to have the proper medical treatment.

A note regarding insurance companies:  Don’t trust them to tell you what you are entitled to recover.  If they offer to settle your case early on, they are likely trying to pay as little as possible.  It’s all about their bottom line.

Also, do not give a recorded statement!   They want to lock in your side of the story before you consult with an attorney which may be damaging to your case.  We typically do not advise clients to EVER give a recorded statement until it is time for a deposition. Anything you say, can and will be used against you in your case without you knowing that it could hurt you.

We handle a wide variety of personal injury cases including:

• Auto, 18-wheeler and motorcycle accidents
• Child injuries including at daycare, birth injuries, drowning, school bus accidents, etc.
• Wrongful death
• Slip & Falls
• Sexual assaults
• Premises injuries due to a dangerous condition or lack of security
• Construction and workplace accidents & injuries
• Offshore injuries
• Dog bites
• Defective products that cause injury
• Asbestos related injuries
• Dangerous drug & pharmaceutical cases

And there are many other types of cases that we have not listed.  If you are not sure if you have a case or not, give us a call.  We offer a free consultation on all cases and our phones are answered 24 hours per day.  You may call 713-226-9900 or toll free 1-877-226-9940.  For more information about our firm, please visit www.kahnlawyers.com.

If you decide to retain the personal injury attorneys at The Kahn Law Firm to handle your case, we will handle your case with the diligence, professionalism and honesty that you deserve.  We cannot guarantee an outcome on your case, or any case, but we will work to get you the best result possible in your case.

The driver of the van, Karissa Acosta, allegedly swerved around a car stopped at a red light and entered an intersection when Aracel Torres, who was driving the other vehicle, a Tahoe, broadsided the van causing it to overturn.  There were 20 children riding in a 15 passenger van and many were unrestrained.

Jaylon Williams, a 9 year old in the van, found himself dangling upside-down by his seatbelt following the accident. “It was totally chaotic,” he said. “Everybody was yelling and crying before the back door opened up and people began pulling us out.”  Jaylon was taken to a local hospital with a large bump on his forehead and back pain.

Thirteen children in the van ages 3-11 were taken by ambulance to area hospitals with non-life-threatening injuries.  The driver of the Tahoe and two minor passengers ages 2 and 3 were also taken to an area hospital with minor injuries.

The police stated that neither driver had a driver’s license.  The driver of the Kid’s Clubhouse van will likely face several traffic violations including running a red light and driving with unrestrained children.  This accident comes less than one month after a new law was enacted requiring that everyone must be in seat belts in a 15 passenger van.  The driver of the Tahoe also faces a charge for driving without a license.

The director of the daycare, Amber Gonzalez, was apparently unavailable for comment following the accident.

An accident like this can be very scary for anyone, but especially for children.

The Texas personal injury attorneys at Kahn Law Firm handle all types on injury cases, including child injury cases and auto accident cases like this one. Daycare van drivers, like all drivers, have a duty to exercise extreme caution while operating a vehicle–especially since they have our most precious treasures as passengers.  All traffic laws should, of course, be followed and common distractions such as talking on cell phones, texting, eating and reading should be avoided at all costs.  Injuries at daycares or while children are in the care of daycares occur far too often and most are avoidable.  Daycare centers that transports children should have a properly written and clear procedure for supervision so accidents like these do not happen.

Additionally, the 15-passenger vans are known to have a problem with rolling over and have been involved in many accidents involving serious injuries and fatalities due to the center of gravity is so high.  The National Highway Transportation Safety Administration (NHTSA) has issued warnings about the dangers of 15-passenger vans.  However, despite the warnings, many schools, churches, and daycares continue to use them to transport children and adults.  More information about the dangers of 15-passenger vans can be found here. We are very glad that these children involved in this rollover accident were not more seriously injured or killed.

The accolades lawyers receive from exceptional case results, successful verdicts, and high dollar settlements and judgments can become very seductive. It is often too easy to bask in the glory of personal success and believe in our own greatness.  Is it possible that we have we lost sight of our true purpose in our pursuit of greatness?

Sunday’s Gospel according to Mark, helped me search for my own answers and to guide me in my own life.

Jesus and his disciples left from there and began a journey through Galilee, but he did not wish anyone to know about it. He was teaching his disciples and telling them, “The Son of Man is to be handed over to men and they will kill him, and three days after his death the Son of Man will rise.” But they did not understand the saying, and they were afraid to question him.

They came to Capernaum and, once inside the house, he began to ask them, “What were you arguing about on the way” But they remained silent. They had been discussing among themselves on the way who was the greatest. Then he sat down, called the Twelve, and said to them, “If anyone wishes to be first, he shall be the last of all and the servant of all.”

Taking a child, he placed it in the their midst, and putting his arms around it, he said to them, “Whoever receives one child such as this in my name, receives me; and whoever receives me, receives not me but the One who sent me.” -Mk 9:30-37

Have I been like the disciple in that I am so focused on achieving personal greatness that I have lost sight of what is truly important?  Christ reminds us all that our greatness will come from our service to others. As an attorney, Christ calls us to serve our clients.

I pray for the strength to be a servant and I ask for your prayers as I most certainly need them.