Attorney Portrait Louisiana Accident News

Single-Car Accident Kills Woman in Denham Springs

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Denham Springs, LA (March 29, 2020) – A woman from Zachary died Saturday morning after a single-car crash in Livingston Parish. The accident occurred around 12:00 p.m. on LA Highway 16, just north of LA Highway 1032. According to Louisiana State Troopers, 20-year-old Daylin Alaniz was driving south on LA Highway 16 in her 2012 Ford Mustang. For unknown reasons, she lost control of the vehicle, drove off of the roadway, and hit a utility pole. After she hit the utility pole, her Mustang then struck a tree next to the road. The crash caused the Mustang to catch on fire and Alaniz died at the scene. Her passenger, who has not been identified, suffered critical injuries and was rushed to the hospital. Louisiana State Troopers are still investigating the cause of the crash. Source: WBRZ Contact an Experienced Louisiana Car Accident Attorney Unfortunately, auto accidents like this happen far too often in Louisiana. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Louisiana car accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victim of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Insurance

Texas Insurance Code 541 and 542

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In Texas, insurance companies owe a wide range of duties to their policyholders aimed at ensuring claims are promptly adjusted and settled in a fair manner. An insurance company that breaches these duties can be liable to the policyholder for additional damages, penalties, and attorney’s fees. The reason insurance companies are so closely regulated is the inherent advantage they have over their insureds who are depending on coverage from the insurance company that they paid premiums for.  In Texas, there are two separate bodies of law that penalize insurance companies for acting in bad faith. The first is a common law implied covenant of good faith that requires an insurance company to treat you honestly and fairly. In addition, Chapter 541 of the Texas Insurance Code lays out in detail when an insurer engages in an unfair method of competition and unfair or deceptive acts or practices. In addition, Chapter 542 details an insurer’s duties to pay claims in a timely manner. If you believe your insurance company acted in bad faith, you should contact a Texas insurance attorney as soon as possible. Proving a Bad Faith Claim in Texas When proving a bad faith claim in Texas, it is important to understand that you have the burden of proof. This means that you, with the help of your lawyer, must demonstrate how the facts of your case meet the requirements of a bad faith claim. There are two ways that you can prove your bad faith claim: either as a common law bad faith claim or a statutory bad faith claim. Common-Law Bad Faith Claim To prove a common law bad faith claim, you must show that your insurance company denied or delayed your claim even though liability was reasonably clear. The Texas Supreme Court recognized a common law claim for bad faith in 1983. English v. Fischer, 660 S.W.2d 521 (Tex. 1983). Since then, the Texas Supreme Court has upheld the common law claim for bad faith despite the passage of statutes prohibiting insurers from engaging in certain actions that give rise to specific penalties.  Statutory Bad Faith Claim To prove a statutory bad faith claim, you must prove that your insurance company violated Texas insurance code 541 or 542.  Causes of Action You Can Bring Under Chapters 541  There are several different causes of action you can bring against your insurance company under Chapter 541 of the Texas Insurance Code. These claims can be brought against both your insurance company and insurance professionals, such as adjusters.  Misrepresentation of a material fact or policy provision; Failing to reach a settlement in good faith when liability is reasonably clear; Failing to reasonably explain why a claim was denied; Failing to affirm or deny coverage within a reasonable time; and Refusing to pay a claim without conducting a reasonable investigation. A Texas insurance lawyer can help you determine which of these causes of action is best suited to your case. First-Party Bad Faith Claims It is important to understand the type of bad faith claim that applies to your case. A Texas insurance attorney can help you figure out which type of claim you should file. First-Party Bad Faith Claim A first-party bad faith claim arises when you file a claim against your own insurance company after an accident or event. For example, you have a house fire and file a claim with your insurance company for the damage to your dwelling and personal property. If your insurance company fails to settle your claim when it is clearly liable under the terms of the policy, you can file a first-party bad faith claim against your insurance company. Damages There are two major types of damages available in bad faith suits against an insurance company. These include actual damages and attorney fees and court costs. Actual damages refer to the financial harm you suffered as a result of your insurance company acting in bad faith. It is also important to note that you can recover three times your actual damages if you can prove your insurance company knowingly violated chapter 541 of the Texas insurance code. A Texas insurance attorney can help you determine the amount of damages you could recover. What Should You Do If You Believe Your Insurance Company Has Acted in Bad Faith? If you believe your insurance company has acted in bad faith, you should contact a Texas insurance lawyer today. We at The Johns Law Firm will determine the appropriate avenue to prove your bad faith claim. We will fight your insurance company and strive to get you the compensation you deserve. Contact us today to schedule your free consultation.

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Attorney Portrait Louisiana Accident News

Motorcyclist Dies in St. Bernard Parish Crash

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New Orleans, LA (March 25, 2020) – A single-vehicle accident left one motorcyclist dead in St. Bernard Parish on Wednesday night. The crash occurred around 10:00 a.m. on LA 46 East near LA 300. According to investigators, 52-year-old Ronald Besendorfer of Chalmette was driving his 2008 Harley Davidson down LA 46 when he lost control, ran off of the road, and got ejected from his motorcycle. He was not wearing a helmet at the time of the accident and died at the scene. Police are still investigating the accident and no other details have been provided. State troopers are unsure if speed or impairment were factors in the accident, but they are awaiting results on a toxicology report. We will monitor this story for further updates. Source: WVUE, NOLA Contact an Experienced New Orleans Motorcycle Accident Attorney Unfortunately, auto accidents like this happen far too often in New Orleans. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our New Orleans motorcycle accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victim of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Louisiana Accident News

Central City Accident Leaves One Motorcyclist Dead

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New Orleans, LA (March 19, 2020) – A motorcyclist died Thursday night after being hit by another vehicle. The accident happened around 5:20 p.m. in the Central City neighborhood at the intersection of Martin Luther King Jr. Boulevard and Magnolia Street. According to the New Orleans Police Department, the motorcyclist, whose name hasn’t been released, was traveling at a high speed when he got hit by a car crossing the intersection. They weren’t wearing a helmet at the time of the crash. Emergency responders rushed the motorcyclist to the hospital, who later died from their injuries. The driver of the car stayed at the scene and cooperated with investigators and charges aren’t pending at this time. If you have any information about this accident, please contact Detective Richard Chambers of the NOPD’s Traffic Division at 504-658-6215. Source: WVUE Contact an Experienced New Orleans Motorcycle Accident Attorney Unfortunately, auto accidents like this happen far too often in New Orleans. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our New Orleans motorcycle accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victim of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Insurance

Bad Faith Insurance in Texas: Know Your Rights

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In Texas, insurance companies owe a wide range of duties to their policyholders aimed at ensuring claims are promptly adjusted and settled in a fair manner. An insurance company that breaches these duties can be liable to the policyholder for additional damages, penalties, and attorney’s fees beyond what is owed under the insurance policy. The reason insurance companies are so closely regulated is the inherent advantage they have over their insureds who are depending on the coverage they paid for.  In Texas, there are two separate bodies of law that penalize insurance companies for acting in bad faith. The first is a common law implied covenant of good faith that requires an insurance company treat you honestly and fairly. In addition, Chapter 541 of the Texas Insurance Code lays out in detail when an insurer engages in an unfair method of competition and unfair or deceptive acts or practices. Somewhat related is Chapter 542 of the Texas Insurance Code, which provides deadlines for an insurer to pay and settle claims. If you believe your insurance company acted in bad faith, you should contact a Texas insurance attorney as soon as possible. Proving a Bad Faith Claim in Texas When proving a bad faith claim in Texas, it is important to understand that you have the burden of proof. This means that you, with the help of your lawyer, must demonstrate how the facts of your case meet the requirements of a bad faith claim.  There are two ways that you can prove your bad faith claim: either as a common law bad faith claim or a statutory bad faith claim. Common-Law Bad Faith Claim To prove a common law bad faith claim, you must show that your insurance company denied or delayed your claim even though liability was reasonably clear. The Texas Supreme Court recognized a common law claim for bad faith in 1983. English v. Fischer, 660 S.W.2d 521 (Tex. 1983). Since then, the Texas Supreme Court has upheld the common law claim for bad faith despite the passage of statutes prohibiting insurers from engaging in certain actions that give rise to specific penalties.  Statutory Bad Faith Claim Under Chapter 541 There are several different causes of action you can bring against your insurance company under Chapter 541 of the Texas Insurance Code. These claims include:   Misrepresentation of a material fact or policy provision; Failing to reach a settlement in good faith when liability is reasonably clear; Failing to reasonably explain why a claim was denied; Failing to affirm or deny coverage within a reasonable time; and Refusing to pay a claim without conducting a reasonable investigation. Insurance companies, adjusters, and other personnel can be sued and held liable for bad faith insurance claim handling. There are numerous business practices that insurance companies may engage in that fall under the umbrella of bad faith. For example:  Undervaluing claims Delaying adjustment of claims Delaying payment of claims Misrepresenting terms of the insurance policy Pressuring a policyholder not to hire an attorney Ignoring portions of the claim during investigation and adjustment Canceling or changing the terms of insurance after making a claim Failure to communicate with the policyholder Not providing reasons for the insurance company’s determinations Failing to assign qualified personnel to adjust and investigate your claim Request unnecessary information to delay the claim adjustment process Alleging the insured engaged in fraud or criminal behavior without reasonable justification Bad faith normally requires you to prove that the insurance company didn’t just make an error, but that it engaged in intentional or grossly negligent conduct aimed at harming its insured. I often like to classify bad faith claims as either being obvious or not so obvious. An example of an obvious bad faith claim is where the insurance company knowingly makes misrepresentations to a policyholder. For example, the insurance company denies your insurance claim after being told by its own experts that the claim is covered by your policy. Another example of obvious bad faith may be an insurance company that misrepresents the terms of your insurance policy or changes the terms of the insurance policy without your knowledge.  Not so obvious bad faith often deals with the valuation of your claim. In many cases, an insurance company will estimate the value of your claim on the lower end. Although frustrating, this itself may not be bad faith. You need to compare the insurance company’s investigation and reports to what you are claiming. If your dispute with the insurance company is over the value of specific items that you are claiming, there may not be bad faith if the insurance company can prove that its valuation was reasonable. However, if the insurance company has ignored portions of your claim or estimated your damage in ways that are unreasonable, you may have a good claim for bad faith.  Damages for Bad Faith Conduct and Unfair Trade Practices If you establish bad faith, the following damages can be recovered:  Treble Damages, i.e. three times the amount the insurance company should have paid you. To get treble damages, courts tend to require that you prove the insurance company intentionally or knowingly acted in bad faith.  Attorney’s fees, interest, and court costs.  Interest on the delayed payments. Don’t Forget About the Prompt Payment Statute Chapter 542 of the Texas Insurance Code creates a number of requirements for insurers to respond to, investigate, and pay insurance claims. These requirements are separate and apart from the bad faith practices prohibited under Chapter 541. If an insurer violates this law, you are entitled to recover attorney’s fees and damages in the form of an annual 18% penalty.  To collect these damages, the law requires: (1) the policyholder had a claim under the policy; (2) the insurer is liable for the claim; and (3) the insurer failed to comply with a requirement of the statute.”  There are a number of specific requirements that you need to meet to collect attorney’s fees and damages for breach of the prompt payment...

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Attorney Portrait Louisiana Accident News

42-Year-Old Sicily Island Man Dies After Mobile Home Fire

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CATAHOULA PARISH (March 23, 2020) – On March 22, 2020, a 42-year old resident of Sicily Island in Catahoula Parish died from a mobile home fire. The Louisiana State Fire Marshal’s office is investigating the circumstances of the fire. The Sicily Island Fire Department and Harrisonburg Fire Department responded to a call at around 3:30 a.m. on Sunday, March 22. The fire reportedly occurred on the 300 block of 7th Street, near the Peck Avenue intersection.  The body of the 42-year old tenant was located near the front door of the home. Catahoula Parish Coroner’s Office has not publicly identified the deceased and the cause of death is pending an autopsy.  Deputies believe the fire originated near the center of the structure in the living room area where the occupant was known to sleep.  The mobile home was completely destroyed as a result of the fire. The cause of the fire is still under investigation.  Our deepest condolences go out to the families of the victim of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Insurance

What Is Double Indemnity?

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A double indemnity clause is a type of provision found in many life insurance and accidental death and dismemberment policies. This type of clause allows for additional payout in the event of accidental death. However, insurance companies often make it difficult to classify the death as “accidental,” preventing you from getting the payment you may be entitled to. Contact the Johns Law Firm today to see if you qualify for a double indemnity claim and find out how we can help.  Double Indemnity Life Insurance Definition Double indemnity life insurance clauses require an insurer to provide a larger payout if the insured died as a result of accidental death. Very often, this additional payment will be double or even triple the amount that is provided for in the policy. Approximately 5% of all deaths in the United States are the result of an accident. Life insurance companies offer additional payouts for accidental deaths due, in part, to the low likelihood that you will die due to an accident.  Sometimes, however, insurers will try to deny double indemnity claims to avoid making additional payments that may actually be owed.  What Qualifies as an Accidental Death Determining what constitutes an “accidental death” is more complicated than you might think. Insurance policies will frequently carve out many exceptions to coverage under the policy. Below are some examples of deaths that generally qualify as accidental:  Murder,  Motor vehicle accidents,  Drowning, Falls, and Any other death not considered an “accident” by the insurer. But, for most causes of accidental death, the insurer will attempt to find an exception to coverage. The following are some common exceptions to coverage for a double indemnity claim:  Murder of the insured by a beneficiary under the policy; Accidents caused by the insured’s own alleged negligence; Accidental death where the insured was intoxicated; Suicide; and Natural causes. Even though there are many exceptions to coverage, this does not always mean that your claim should be denied. Having a lawyer who understands what does and does not qualify as an accidental death can greatly improve your chances of having your double indemnity claim paid.  What Can I Do If the Insurance Company Denies My Claim? Unfortunately, many insurers will deny double indemnity claims that should be paid. However, even if your claim is denied, you may be able to contest it.  For example, an insurer might deny a double indemnity claim based on their determination that the insured committed suicide. But, if you can prove that the death was, in fact, an accident and not a suicide, then your claim should not be denied. Likewise, an insurer might deny payment of the double indemnity benefit because it believes the accidental death was the result of the insured’s own negligence or intoxication. While these may seem like fairly standard exclusions, insurers can stretch their meanings to deny coverage. Why? A double indemnity payment is a huge hit on an insurer and it will do anything it can to avoid doing so. The good news is that having an experienced lawyer in your corner to argue on your behalf can make all the difference.  Dealing with the aftermath of a loved one’s death is challenging, and navigating a double indemnity insurance claim and subsequent denial can make matters feel even worse. At the Johns Law Firm, we want to make sure you feel taken care of.  If you or someone you know has had a double indemnity claim denied by an insurer, contact us today to see how we can help. 

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Attorney Portrait Information

TX Life Insurance – Two-Year Incontestability Clause

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A life insurance policy is a contract between your insurance company and you, the policyholder. While the benefits of life insurance are clear, there is always a risk that a claim is denied because the information is omitted from an insurance application. To offset this risk, the Texas Legislature and most other states have enacted a law requiring all life insurance policies to contain an incontestability clause. See Texas Insurance Code, Section 1131.104. This law states that your insurance company cannot contest the validity of your life insurance policy after it has been in force for two years from its date of issue. The purpose of an incontestability requirement is to protect you from a challenge to the validity of your policy long after the policy has been issued. The idea behind this requirement is that a life insurer has a duty to investigate the medical history of its policyholders and must take affirmative steps to void a policy or readjust a premium within the first two years that the policy was issued.  However, a life insurer can refuse to pay a claim after the two-year incontestability period if it can prove that the insured made intentional misrepresentations in the insurance application. Texas Insurance Code, Section 705.104 Additionally, Texas Insurance Code, Section 1131.104 says that a statement you made relating to your insurability can’t be used against you in a suit contesting the validity of your policy, provided that your policy has been in effect for two years or more. However, your insurance company can use a written statement against you after the two-year incontestability period to try to prove that you made a material misrepresentation in your life insurance application. If your life insurance company tries to challenge the validity of your life insurance policy, you should contact a Texas insurance lawyer as soon as possible. How Does an Incontestability Clause Help You? When you purchase a life insurance policy, the clock begins running on the incontestability clause’s effective date. If your insurance company has not found an error in your application within two years of the date of the issue, it cannot cancel your policy unless one of a handful of exceptions is met. In other words, the insurance company has two-years to contest the information in the insurance policy.  If applicable, your beneficiaries will receive their benefits due to your policy even if your insurance company claims that misrepresentation in your application made the policy invalid. A Texas insurance lawyer can help you understand how the incontestability clause in your life insurance policy can help you. What Are Some Exceptions to Incontestability Clauses? Nevertheless, insurance companies can often cancel or modify your life insurance policy in a few circumstances. Misstated Age or Gender First, if you misstated your age or gender on your application, your insurance company may modify your insurance benefits to reflect your true age and gender. This is because many insurance policies contain a “misstatement of age” provision that specifies the insurance benefits will be adjuster based on the insured’s actual age.  Death during the Application Process Second, if you die before the incontestability clause expires, your insurance company may be able to cancel your policy if the applicant made any misrepresentations in the policy application. Importantly, the misrepresentations do not have to necessarily be material or intentional. Any misrepresentation or omission, even slight, can normally be used to cancel a policy before the expiration of the incontestability period. However, if the applicant did not make any misrepresentations or omissions in the policy application, and subsequently dies within two years after the policy was issued, the life insurance company is obligated to pay the claim.     Nonpayment of Premiums The life insurance company can always cancel a policy for failure to pay premiums regardless if it occurred before or after the two-year contestability period.   Insurance Fraud: Intentional Misrepresentations Your insurance company may also void your policy and refuse to pay if they can prove that the applicant engaged in insurance fraud. Insurance fraud occurs when you make deliberate misrepresentations to obtain benefits you’re not entitled to. The issue of fraudulent misrepresentations versus negligent omissions is the key source of conflict in many life insurance disputes. For example, a life insurance company may claim that an applicant’s failure to disclose a medical condition on the application is evidence of fraudulent intent. However, in most cases, that is not true. Many applicants innocently omit certain details about their medical history on a life insurance application. Think about all of the times you have been to the doctor and consider if you can recall every medical condition or diagnosis you have had. Many life insurance companies will seize upon an innocent omission to try to deny the claim. If your life insurance claim has been denied due to an alleged misrepresentation in the policy application, do not be dismayed. Insurance companies make money by denying legitimate claims. However, a Texas insurance lawyer can advise you as to whether one or more of these exceptions might apply to your case. What About Misrepresentations Caused by an Agent’s Negligence? One issue that comes up often is a misrepresentation or omission in the insurance application that was not the applicant’s fault. Instead, it was the fault of the insurance agent. Most of the time when you apply for life insurance your agent will walk you through the application and write down your information. In fact, it is not uncommon for the application to take place over the phone. We recently had a deposition in a case where the insurance agent admitted that he never asked questions as they actually read on the insurance policy. Think about that. How can you provide honest responses in an insurance application when the agent does not even ask you the correct questions.  Sometimes courts will impute the agent’s negligence onto the insurance company. This means that any misrepresentations or omissions in the application are the faults of the insurance company and the policy cannot be...

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Attorney Portrait Louisiana Accident News

Hit-and-Run Crash Kills Bicyclist in New Orleans East, Police Looking for Suspect

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New Orleans, LA (March 16, 2020) – Investigators from the New Orleans Police Department are searching for a driver who hit and killed a bicyclist late Monday night. The hit-and-run occurred at around 10:00 p.m. near the intersection of Haynes Boulevard and Paris Road. According to NOPD, the bicyclist was riding their bike when an unidentified vehicle struck and killed them. The driver fled the scene of the accident before police arrived, and the bicyclist was pronounced dead at the scene. The NOPD is still investigating the hit-and-run and the driver is currently wanted for murder. Anyone with information about the crash is urged to call lead Traffic Fatality Detective Danny Ellis at 504-658-6208. This is the second fatal hit-and-run to happen in New Orleans on Monday. Earlier in the morning, a woman was intentionally hit after trying to break up a fight on Bourbon Street. Sources: WWL, WVUE Contact an Experienced New Orleans Personal Injury Attorney Unfortunately, personal injury cases like this happen far too often in New Orleans. Police must investigate them thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims. If you sustain injuries or lose a loved one to an accident like this, please contact one of our New Orleans personal injury attorneys at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve.  Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Houston Accident News

3 Separate Hit-and-Runs in One Night Leave 3 Pedestrians Dead

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Houston, TX (March 16, 2020) – Three people died in separate hit-and-runs throughout Houston on Sunday night. The three accidents happened on Beechnut Street, Westheimer Road, and Farm to Market 1960 Road. The first crash happened at 9:45 p.m. on Westheimer Road near Gray Falls Drive. Police say that the driver was traveling west on Westheimer Road when he hit a woman who was crossing the street. The driver, whose identity has not been released, stayed to call 911, but fled the scene and went to work. When the driver got to work, his boss told him to return to the scene. The woman was rushed to the hospital but later died from her injuries. Police are working with the District Attorney’s Office to determine if charges will be filed against the driver. The second accident happened at 10:00 p.m. on Farm to Market 1960 Road near Kenswick Drive. According to investigators, a man driving a Chevy truck hit and killed another man who was pushing his bicycle across the street. The truck driver fled the scene, but a deputy caught him at a Texaco further down the road. Sean Teare of the District Attorney’s Office said that the driver showed signs of intoxication and was given a field sobriety test. He is currently facing charges of DWI with a child passenger and failure to stop and render aid resulting in death. Felony murder could be added later in the investigation. The third hit-and-run occurred around 10:15 p.m. on Beechnut Street near South Gessner Road. According to Houston Police, a woman was crossing the road when she was hit by a gray Toyota Camry. The driver fled the scene and the woman was pronounced dead at the scene. Police are still looking for the suspect. Anyone with information is urged to call Crime Stoppers at 713-222-8477. Source: Click 2 Houston Contact an Experienced Houston Personal Injury Attorney Unfortunately, personal injury cases like this happen far too often in Houston. Police must investigate them thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims. If you sustain injuries or lose a loved one to an accident like this, please contact one of our Houston personal injury attorneys at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve.  Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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