Families Upset that Intoxicated Driver Gets Light Sentence for Two Deaths | Dallas, Texas Personal Injury Attorney Blog

A year and a half after the June 8, 2008 crash that killed Meredith Hatch and Michael Alfaro, Kenneth Bain finally pleaded guilty Bain pleaded guilty to two counts of manslaughter. Bain failed a sobriety test at the scene and was charged with intoxication manslaughter. Police suspect that Bain was under the influence of both alcohol and marijuana at the time of the incident.

Kenneth Bain was sentenced to only two years in prison, followed by 10 years of probation and more than $5,000. As a condition of probation, Bain cannot consume alcohol and must participate in 320 community service hours and substance abuse education. As part of the 10-year probation, he must spend 18 days each year in jail. Those days include 10 days at Christmas, 4 days at Hatch’s birthday and four days at Alfaro’s birthday. Lewis also ruled that when Bain is released from prison, the court will assess restitution that Bain must pay to the victims’ family. Relatives of the victims said they believe Bain deserves more jail time for what happened. “Two individuals were killed because of bad choices, not because of just an accident,” Sherman Hatch told reporters outside of court.

Sherman Hatch, the surviving husband of Meredith Hatch was obviously upset and frustrated with the punishment and expressed his concern about the inequity of the situation. “It just doesn’t seem very fair, just two years for two deaths. Smoking pot and drinking all night long, that’s how the deaths resulted — I guess is what’s the most insulting, hurtful, frustrating part of this whole thing.”

At Montes Herald Law Group, LLP, we aggressively pursue cases against drunk drivers. We are also a supporter of MADD. We are currently working on trying to get support for new legislation to help prevent or to reduce drunk driving crashes by targeting persons who are currently on probation for alcohol and drug related offenses. Like Mr. Bain, people who are convicted of these offenses, as a condition of their probation are usually ordered not to purchase or to consume alcohol. However, providers of alcohol have no way of knowing that these offenders are not permitted to purchase or to consume alcohol. As part of our proposal, we are trying to encourage the Texas legislature to develop a new driver’s license and identification card profile for any person who is on probation for a drug of alcohol offense or any who is seeking an occupational license due to an alcohol or drug related offense. The new license or identification card would display a profile so that so that providers of alcohol would be able to see the person is not permitted to purchase or to consume alcohol.

If you or a family member are a victim of a drunk driver, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free, no obligation case review, or visit our website at www.MontesLawGroup.com for more information about our attorneys and our firm. We are located in the Irving, Texas in the Dallas Fort Worth Metroplex. We handle drunk driving cases across the State of Texas.

Baby Car Seats Recalled Because of Defective Handles | Dallas, Texas Personal Injury Attorney Blog

The US Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA) and the manufacturer, Dorel Juvenile Group, Inc. have agreed to issue a recall of almost 500,000 car seats and baby carriers. The recall was issued after several infants were reported to have been injured when the handle for the car seats and carriers broke off. So far there have been over 77 reports of the handle either breaking off or become loose as the product was being carried. The children have been injured when they were dropped after the handle broke. Sadly, one of the children sustained a head injury from the incident.

The car seats were sold as part of a travel system under the Safety 1st, Cosco, Disney and Eddie Bauer brand names in child product stores and department stores nationwide from January 2008 through this month. Products affected by the recall include:

 

  • Safety 1st Sojourn Travel System, with model numbers 22-057 DBY, 22-085 DWA, 22-057 CLN, 22-057 HRT, 22-322 HRR, 22-322 PTK, 22-057 LPH, and 22-085 LYN.
  • Safety 1st Eurostar Travel System with model numbers 22-322 KDL, 22-322 LXI, 22-322 OLY, 22-322 PRS, 22-322 MAI, 22-325 COB, and 22-095 RBK.
  • Safety 1st Lite Wave Travel System with model numbers 22-380 LGA and 22-380 MSA.
  • Safety 1st Vector Travel System with model numbers 22-627 WAV and 22-325 PAC.
  • Cosco Sprint Travel System with model numbers 22-300 FZN, 22-300 OSF, 22-300 CSF, 22-300 JJV, 22-300 THD, and 22-300 TWD.
  • Disney Propack Travel System with model numbers 22-627 AWF, 22-355 LBF, 22-305 NAB, 22-305 PPH, and 22-355 PWK.
  • Eddie Bauer Adventurer Travel System with model numbers 22-627 CGT, 22-627 FRK, 22-627 SNW and 22-627 WPR.
  • Eddie Bauer Endeavor Travel System with model numbers 22-627 KGS and 22-655 YTE.

Any consumers who have the recalled car seat/carriers should not use the handle until they have received and installed a free repair kit from Dorel Juvenile Group, which can be obtained by contacting the company’s website at www.djusa.com/safety_notice

If your child has been injured because of a defective car seat or carrier or other dangerous product, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free case consultation. Montes Herald Law Group, LLP is located in Irving, Texas. Visit our website www.MontesHerald.com for more information about our law firm and our attorneys.

50 Million Roman Shades Recalled | Dallas, Texas Personal Injury Attorney Blog

The government and the window covering industry on Tuesday recalled more than 50 million Roman-style shades and roll-up blinds because of the risk children may be strangled by the cords.

The Consumer Product Safety Commission said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001. Roman shades can become dangerous, the CPSC said, if a child’s neck gets stuck between the exposed inner cord and the fabric on the backside of the blind, or if the cord gets wrapped around a child’s neck. Roll-up blinds pose a strangulation threat if the lifting loop slides off the side of the blind and a child’s neck becomes entangled on it, or if a child neck’s gets between the lifting loop and the roll-up blind material.

The commission and the industry urged parents to examine all shades and blinds in the home and make sure they have no accessible cords. They also advised parents not to place cribs, beds or other furniture close to windows because children can climb on the furniture and reach the cords.

Cordless window coverings are recommended for all homes where children live or visit.

Several major retailers, including Wal-Mart, JCPenney, Target, Ikea and Pottery Barn, are also participating in the recall.

Consumers can obtain free retrofit kits for Roman shades and roll-up blinds by calling the Window Covering Safety Council toll-free at (800) 506-4636.

If you or your loved ones have been seriously injured by a dangerous or defective product, contact Montes Herald Law Group, LLP for a free, no obligation, case review. Visit our website at www.MontesLawGroup.com for more information on the types of cases our firm handles.

Million Dollar Red-Light Camera | Dallas, Texas Personal Injury Attorney Blog

While some cities have lost money on the controversial red-light cameras, others are clearly generating large sums of revenue.

The red light camera located at Danieldale Road and U.S. Highway 67 in Duncanville, Texas tops the list of money makers. The cameras at that intersection issued more than 19,000 citations and generated more than $1 million in a one-year span. Meanwhile, the cameras located at the intersection of Cooper Street and Spur 303 in Arlington, Texas generated more than $943,000 in revenue for the city of Arlington. Of the top 10 money-making cameras in North Texas, three are in Duncanville. Dallas, Richardson, Richland Hills and Irving also made an appearance on the top 10.

The Texas Tribune, a nonprofit news Web site, analyzed red-light cameras across the state from July 1, 2008 to June 20, 2009. To view those results, go to: http://www.texastribune.org/library/data/red-light-cameras/

The Controversy

In addition to the anger some people have because over the use of red light cameras to generate revenue, and that the belief that some red light cameras may contribute to the cause of accidents when drivers slam on their brakes to avoid being issued a ticket from a red light camera, the companies that operate these red light cameras have come under fire for not being operated in a legal fashion under Texas law.

Dallas attorney Lloyd Ward started the fight when he sued ACS, one of the largest red light camera companies after he received a ticket as a result of a red light camera operated by ACS. Mr. Ward discovered that ACS and two other red light camera companies, ATS and Redflex were all in violation of Texas law because they did not have an occupational license as required by the Texas Occupational Code. Judge Craig Smith (192nd District Court of Dallas County, Texas) agreed and issued a ruling that ACS was operating without a license.
Texas Occupation Code Section 1702.101 states that “Unless the person holds a license as an investigations company, a person may not… offer to perform the services of an investigations company. A person acts as an investigations company for the purposes of this chapter if the person engages in the business of obtaining or furnishing… information related to… crime or wrongs done; or… engages in the business of securing… evidence for use before a court, board, officer, or investigating committee… furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.”

On the heels of Ward’s victory, two new cases were filed in federal court against two different vendors. The plaintiffs in Steven Bell, Alexis and Jacqueline Monrreal, individually and on behalf of others similarly situated v. American Traffic Solutions, Inc., filed suit in Dallas. They claim that American Traffic Solutions failed to obtain the appropriate license as a private investigator in Texas. The plaintiffs received notices of red light violations from Irving and Arlington, respectively. Importantly, the pleadings in the case seek to certify a class action lawsuit on behalf of everyone who has ever received a notice of violation from those cities, and seeks actual damages in the amount of the tickets each plaintiff received, attorneys’ fees, plus $3 million in punitive damages. The same attorney filed an essentially identical suit in federal court in Sherman, Steven Bell, TXPS, Inc., and Mohammed Al Musa on behalf of others similarly situated v. Redflex Traffic Systems, Inc. That case involves notices of violation issued by Plano and Duncanville.

On March 26, 2009, the U.S. District Court for the Eastern District of Texas dismissed a lawsuit claiming that red-light camera vendors were required to obtain a private investigator’s license to operate in the State of Texas. An identical case was filed against American Traffic Solutions, Inc. (ATS) in the U.S. District Court for the Northern District of Texas. In dismissing the case with prejudice, United States District Judge Michael H. Schneider said the plaintiffs do not have standing to argue that a private investigator’s license is required for vendors to operate camera programs or to address the Texas Legislature’s authorization of the use of red-light cameras by local governments.

Future controversies of red light cameras are quickly resolving themselves as these red light camera companies are taking steps to get the required licensing to make sure that the millions of dollars being generated by these cameras is not being jeopardized.