Houston City Counsel Delays Vote on Red Light Cameras for Two Weeks

The Houston City Council Wednesday put off a vote for two weeks on a proposed settlement with the company that operated the city’s controversial red light cameras -- and that could jeopardize the agreement, says the attorney for American Traffic Solutions.

Radio station KUHF reports that the council may have been influenced by the two brothers who have led opposition to the cameras. Michael and Paul Kubosh pointed out that their federal court challenge to the referendum that overturned the cameras is still awaiting a judgment in federal court. delay

ATS attorney George Hittner said that delay puts the $4.79 million settlement -- what the city has agreed to pay the company to end any litigation and remove the cameras -- at risk, a concern Mayor Annise Parker dismissed.

What do you think about the red light cameras?  Let us know.

 

Houston, Texas Settles Red Light Camera Lawsuit

Houston, Texas Settles Red Light Camera Lawsuit

 

The city of Houston, Texas announced Friday that it would pay American Traffic Solutions (ATS) $4.8 million to settle the lawsuit the company set up after voters rejected red light cameras in November 2010. Upon approval by the city council Wednesday, the Arizona firm will receive $2.3 million up front with another $2.4 million provided as the company collects on unpaid citations over the next three years.

ATS was able to extract this sum from the city for two reasons. First, former Mayor Bill White removed an early termination clause from the red light camera contract in an attempt to save the camera program through the year 2014 in the event the state legislature passed legislation outlawing cameras. As a result, ATS demanded the share of ticket profits it would have received through that date. Second, ATS had an ally in US District Court Judge Lynn N. Hughes, who overturned the election results and sided with ATS at every step. For example, when ATS lawyer Andy Taylor complained in a November 26, 2010 hearing that the city required ATS to take down its cameras, Hughes came to the rescue.

"I can cure that," Hughes said, ordering the city to keep the cameras up.

The city council did have the power to stop the red light cameras from issuing tickets, so it ordered the systems deactivated on August 24, 2011. Houston came back to Hughes asking him to modify his order so that the cameras could be permanently removed, pursuant to a city ordinance requiring them to come down.

"The city of Houston's motion to compel American Traffic Solutions to remove the red light cameras is denied," Hughes ruled on January 16, 2012.

Hughes has close ties with ATS, having served on the bench for 25 years with Judge David Hittner, the father of ATS General Counsel George Hittner. His ruling is now under review by the Fifth US Circuit Court of Appeals which heard oral arguments on January 3. Randall Kubosh and Francis M. Kubosh sponsored the anti-camera initiative and want to see the public vote upheld.

"Appellants argue that the Texas Election Code protects the right of Texas voters to intervene in defense of a measure election, a right subverted by the city's collusive filing of a declaratory judgment suit that gave ATS an opportunity to nullify the Proposition 3 election it would never have had without the city's help," the Kubosh attorney David A. Furlow argued in a Friday filing with the Fifth Circuit. "Denial of their right to defend the Proposition 3 election and the no-red-light-camera votes they cast in it would render their constitutional rights meaningless."

Houston and ATS came to a quick settlement in the hopes that this appeal would be dismissed as moot. Current Mayor Annise Parker insisted the multi-million dollar payment represents the best deal that could have been struck under the circumstances.

"I am thankful that traffic violators, not Houston taxpayers, will be paying for this," Parker said in a statement. "This is a reasonable settlement and I thank the city legal department for its diligence in getting it done."

 

Yet more trouble with BP

HOUSTON – A BP Texas City refinery that was the site of a massive 2005 explosion that killed 15 workers has a pattern of poor operation and maintenance practices, Texas environmental regulators reported after investigating a 46-day release of toxic and cancer-causing chemicals from the plant this spring.

Call us if you have been exposed and/or are in need of an attorney call us at 281/445-5777

We are accepting Toyota cases

It takes years to build a reputation, but just a moment to ruin it all. Toyota and its recall saga encompasses that fact just about perfectly, as the National Highway Traffic Safety Administration (NHTSA) launches a probe into the time-line of three recent Toyota recalls, to investigate whether the manufacturer conducted them in a timely manner or not.  All auto manufacturers, foreign and domestic, are required to notify NHTSA within five days of determining that a safety defect exists and are supposed to promptly conduct a recall.

Announcing on its official site, NHTSA clearly states that it will use its statutory authority to obtain documents from Toyota to determine if the automaker followed protocols while conducting the recalls. Toyota will now have to provide the papers that document when and how the company learned of the defects that affected approximately 6 million vehicles in the U.S. alone. The officials will scrape out details as to whether the defects were found during pre-production or post-production of the vehicles, and also whether Toyota was spontaneous enough to respond to the complaints or not. The documents will include all the relevant information for the investigation starting from production data, incidents, complaints, warranty complaints, copies of tests, dates of meetings, time lines, and supplier information.

“Safety recalls are very serious matters and automakers are required to quickly report defects,” said U.S. Transportation Secretary Ray LaHood.

The investigators will ensure that Toyota has covered all affected models, while leaving no problem unattended. In the case that the probe finds Toyota at fault, owning up to the dark clouds could cost Toyota up to $16.4 million in civil penalties that the NHTSA has the authority to impose on the defaulters.

“Our top priority is safety and we expect that all manufacturers address automotive safety issues quickly and in a forthright manner,” said David Strickland, Administrator for the National Highway Traffic Safety Administration.

The recalls in question are one from September 26, 2007 and another from October 6, 2009, when recalls was conducted to fix an issue related to the entrapment of the gas pedals by the floor mats. A third recall which include several Toyota and Lexus models from January 21, 2010 has also been included in the probe.

Gary S. Tucker & Associates is now accepting Bryan, Texas Plant Explosion Cases

BRYAN, Texas -- About 1,000 people haven't returned to their homes in central Texas after they were evacuated because of a fire at a chemical plant and warehouse that processes explosive ammonium nitrate.

The El Dorado Chemical Co. plant in Bryan was smoldering Friday morning.

John Salsman with Brazos County emergency management says fire officials planned to fly over the area to "see how things are going."

The fire broke out at midday Thursday and authorities issued an evacuation order for thousands in the area about 100 miles north of Houston. Also, Texas A&M University's main campus was closed. According to the school's Web site, it would reopen Friday.

Salsman says most evacuees had returned home, but about 1,000 were still displaced.

Salsman says at least 34 people required medical treatment.

Welcome to Gary S. Tucker, P.C.

Houston Personal Injury Attorney

While many auto accident on Texas roads and highways involve basic fender-benders and property damage, just as many results in serious injuries and deaths, including brain injuries, head injuries, burns and scars, broken bones, dislocations, fractures, neck injuries, back injuries, shoulder injuries, knee injuries, nerve injuries, paralysis, paraplegia, quadriplegia, and spinal cord injuries. Gary S. Tucker and Associates auto/car accident attorneys represent injured clients throughout Texas (TX) and across the United States.

AUTO ACCIDENT INJURY PRACTICE AREAS

Our auto accidents attorneys handle accidents, crashes, collisions and wrecks involving bicycle accidents, bus accidents, car crashes, construction zone accidents, dangerous roads and highways, drunk driving crashes, reckless driving, hit and run accidents, motorcycle wrecks, semi-truck crashes, 18 wheeler accidents, tire defects, tire blowouts, uninsured motorist claims, underinsured motorist claims, and vehicle rollover accidents. To learn more about auto accidents, crashes, collisions and wrecks in Texas or any other state, please read on.

MOTOR VEHICLE ACCIDENTS - AN OVERVIEW

Motor vehicle accidents cause the loss of time, property, health and even life. Such accidents occur because of elements including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a lawyer can help you sort out your rights, your options and your future. Contact an attorney to find out more.

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in

Aviation Accidents

Aircraft accidents are among the most tragic and destructive of catastrophes. In the case of an aviation accident, there are many complicated factors that go into a successful prosecution including determining whether there was pilot error, if the equipment was properly maintained, if there is liability on the part of the manufacturer, component part supplier, maintenance, propoerly maintained equipment liaility or others.

Defective Drugs and Pharmaceutical Products

We all trust our doctors to order safe medication that helps us get better. When a prescribed medication actually makes things worse, causing serious injury or even death, people feel betrayed and uncertain where to turn. At our Houston-area law firm, we counsel and represent people who have been affected by a defective or dangerous pharmaceutical product. Contact us to learn about your options after your life has been changed by a toxic injury caused by a defective or dangerous drug. Call for a free initial consultation.