How do I find a personal injury attorney?

Choosing a personal injury attorney is an important decision that deserves careful consideration. The knowledge and experience of your attorney can have a significant impact on the amount of compensation you are awarded.

One of the best ways to find a personal injury attorney in Texas is to ask for referrals from your friends and family members. You can also ask any lawyers or professionals you know for referrals as well.

Once you have a name, it’s time to evaluate the Texas personal injury lawyer and determine whether they are a right fit for your needs. First and foremost, you want a lawyer who regularly practices personal injury law. Special rules apply in personal injury law that don’t apply to other types of litigation. You need an attorney who is up to date on all of the latest developments in Texas personal injury law.

Second, find out whether the attorney you’re speaking with will be the one working on your case. The most common complaint against attorneys is that their clients can’t get in touch with them. You need a Texas personal injury attorney who is committed to you and your case.

Last, make sure that you are comfortable with your lawyer. You will be in regular contact with your attorney and will be discussing personal matters. You want an attorney who makes you feel at ease and with whom you enjoy working.

For free legal assistance from a qualified and experienced Texas personal injury lawyer, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584.

Motorcycle accident statistics

While the National Highway Traffic Safety Administration (NHTSA) reports that the overall number of people injured in motor vehicle accidents has declined over the past 10 years, the number of motorcyclists injured in crashes has increased. In fact, the number of motorcyclists injured in traffic accidents has increased 110% from 1998 to 2007.

In 2007, 103,000 motorcyclists were injured in motor vehicle crashes, which is a dramatic increase from the 49,000 injured in 1998. Of those injured, 48% were in single-vehicle accidents and 52% were in multi-vehicle accidents.

Ninety percent of the injured victims of motorcycle crashes are the riders themselves. Only 10% are passengers.

The vast majority (85%) of all motorcyclists injured in accidents are male, and the age group with the largest number of injured motorcyclists is the 20 to 29 age group.

The NHTSA data shows that most accidents happen during the daytime, and more accidents occur on weekends than on weekdays. More than two-thirds of the motorcyclists were injured in crashes that took place during the months of April through September.

If you have been injured in a motorcycle accident, contact the Texas personal injury lawyers of Fears | Nachawati today for free legal advice. Simply email us or phone us on our toll free number at 1.866.705.7584.

What is mental anguish?

Mental anguish is a term that refers to the emotional suffering a victim experiences after a traumatic incident, such as a serious car accident or the wrongful death of a loved one. Mental anguish can include anxiety, stress, fright, grief, depression and feelings of distress. Emotional distress is another frequently used term for mental anguish.

It is sometimes possible to receive financial compensation for mental anguish in a civil lawsuit, such as a personal injury lawsuit or a wrongful death lawsuit. Compensation for mental anguish is a type of non-pecuniary damages, which are damages that represent non-financial losses or injuries suffered by an accident victim.

If you are suffering mental anguish because of an accident or the wrongful death of a loved one, contact Fears | Nachawati today for free legal advice. To speak with an experienced Texas personal injury lawyer, simply email us or phone us toll free at 1.866.705.7584.

Police investigate fatal Christmas Eve car accident

Fort Worth police are continuing their investigation into a Christmas Eve car accident that resulted in a fatality.

The victim was 44-year-old Timothy Head of Fort Worth. Head was fatally injured when his 2003 Hyundai was sandwiched between two pickup trucks in a chain-reaction car wreck.

Head was stopped at a red light behind a Dodge pickup truck, apparently waiting to turn left onto the intersecting street.

A Chevrolet pickup truck approached Head’s car from behind. The driver of the pickup truck, according to Fort Worth police spokesman Sgt. Chad Mahaffey, “failed to control his speed, entered the left turn lane, and struck the back of (Head’s) vehicle.”

The impact slammed Head’s car into the back of the Dodge pickup that was stopped in front of him. Head later died at a hospital of injuries he sustained in the accident.

No arrests have been made.

Click here for the complete story on this Fort Worth, Texas, car accident.

Fears | Nachawati is a Texas personal injury law firm helping car accident victims get the compensation they deserve. For free legal advice about your car accident claim, email us or phone us toll free at 1.866.705.7584 today.

Texas wrongful death lawsuit filed by family of convenience store clerk killed during robbery

A wrongful death lawsuit has been filed by the family of a convenience store clerk killed in a robbery. The suit has been filed against the owners of the convenience store.

On January 31, 2008, 40-year-old Abdul H. Meje was fatally wounded during a robbery at a Galveston, Texas, Citgo.

The wrongful death lawsuit comes just six months after the gunman, 35-year-old Robert Lee Stevens, was sentenced to life in prison. Stevens reached a plea agreement with the county’s district attorney’s office that spared him from a capital murder trial and potential death sentence.

In their Texas wrongful death lawsuit, Meje’s relatives accuse ABHI Enterprises of negligence. According to the lawsuit, the company failed to provide adequate security to ensure the safety of Meje. There was, the lawsuit states, a reasonably foreseeable risk of a violent crime occurring on the premises.

The family has requested a jury trial, and damages including pain and suffering, medical expenses, funeral costs, mental anguish, loss of support, care and future inheritance are being sought.

To read more about this Texas wrongful death lawsuit, click here for the complete article.

For free legal advice on wrongful death lawsuits, contact the attorneys of Fears | Nachawati. To receive free legal assistance from a Texas wrongful death lawyer, simply email us or phone us toll free at 1.866.705.7584.

Four dead after car crashes into Southlake pond

Four people are dead after the car they were in crashed through a fence and landed upside down in a Southlake pond.

Shortly before 11:30 a.m. on Saturday morning, a Toyota Avalon ran a stop sign, smashed through a fence and bounced off of a tree before ultimately landing upside down in a six-foot-deep pond outside a Southlake home.

Two of the four victims, 56-year-old Monty Hardy and 35-year-old Hadassah Vance, died at a Grapevine hospital within an hour of the accident. The two remaining victims, 38-year-old Wendy Akion and 56-year-old Sharon Ransom, died overnight at the hospital.

According to Officer Roderick Page, a spokesman for the Southlake Department of Public Safety, traffic investigators have yet to determine whether the car accident was caused by driver error or a vehicle malfunction.

The possible vehicle malfunction being referred to is a stuck accelerator, a problem that forced Toyota to recall over 4 million vehicles this year. The Toyota Avalon is one of the models subject to the recall.

According to the National Highway Transportation Safety Administrations, the floor mats can interfere with the functioning of the accelerator pedal, causing the throttle to stick open.

To read more about this fatal Texas car accident, click here for the full story.

If you have been injured in a car accident, contact the Texas personal injury law firm of Fears | Nachawati for free legal assistance. To speak with a Texas personal injury lawyer, email us or phone us toll free at 1.866.705.7584.

The role of driver distraction in car accidents

According to the results of a research study conducted by the National Highway Traffic Safety Administration, driver distraction poses a serious – and sometimes fatal – danger to other motorists.

In 2008, 5,870 people were killed in accidents involving driver distraction. An additional 515,000 people were injured. These numbers, say the NHTSA, may actually be even higher as it is difficult for law enforcement officers to know if driver distraction played a role in an accident.

Types of driver distraction considered in the study include:

  • Eating
  • Drinking
  • Texting
  • Talking on the phone
  • Conversing with passengers
  • Using in-vehicle technology and portable electronic devices, such as GPS navigators
  • Daydreaming
  • Dealing with strong emotions

The NHTSA study uncovered the following statistics:

  • Driver distraction was reported to have been a factor in 16% of all fatal car accidents in 2008.
  • Driver distraction was reported to have been a factor in 21% of all injury crashes in 2008.
  • The under-20 age group is the age group with the greatest proportion of distracted drivers.

If you or someone you love was injured in a car accident caused by a distracted driver, contact the Texas personal injury lawyers of Fears | Nachawati today. To receive free legal advice from a Texas personal injury attorney, simply email us or phone us toll free at 1.866.705.7584.

Three killed in multi-car accident on U.S. Highway 380

Three people are dead after a multi-car accident on Highway 380. The accident took place at around 4:35 p.m. Thursday afternoon on the overpass between Preston Road and Dallas North Tollway.

A gold passenger car was headed eastbound on Highway 380 when its driver lost control of the vehicle. The car then spun into oncoming traffic. Two vehicles headed westbound on 380 crashed into the gold passenger car.

The gold car was carrying three passengers. Two of the passengers were killed instantly, 92-year-old Katherine Nelson and 62-year-old Richard Wilbourn. The driver of the car, 66-year-old Patricia Wilbourn, was seriously injured and later died at a hospital.

Three people from the other two vehicles involved in the accident were transported to area hospitals for non-life threatening injuries.

Investigators believe inclement weather and icy road conditions are to blame. No charges will be filed.

Highway 380 remained closed for several hours following the accident.

For more on this Texas car accident, click here for the complete article.

If you or someone you love has been injured in a car accident, contact the Texas personal injury attorneys of Fears | Nachawati today. For free legal advice, simply email us or phone us toll free at 1.866.705.7584.

Will the person who caused my injuries be punished?

No. Governmental punishment, such as jail sentences and fines, is the result of a criminal case. A personal injury lawsuit, by contrast, is a civil case.

Defendants in personal injury lawsuits do not receive criminal sentences if the plaintiff wins their case. Rather, the defendant will be ordered to pay a certain amount of money to the plaintiff as compensation for their injuries, known as “damages.”

Note that there is a type of damages viewed as punishment that can be awarded in civil cases. These are known as punitive damages, and they are awarded in cases where the defendant’s conduct was reckless, intentional or malicious. Unlike a fine that goes to the government, however, punitive damages are paid to the plaintiff.

If you have been the victim of an accident, contact Fears | Nachawati today for free legal advice. Simply email us or phone us toll free at 1.866.705.7584.

Richardson teen killed in one-vehicle accident

A one-car accident at a Texas shopping center has left one teen dead and three others injured. The accident occurred at around 4 p.m. on Tuesday afternoon.

Robert Tucker, 16, was killed in a one-vehicle accident in a Richardson, Texas, shopping center parking lot on Plano Road. Tucker was a passenger in a white Ford pickup truck that crashed behind a SuperTarget.

Three others were injured in the accident, but their names have not been released because they are juveniles.

Richardson police investigator Jonathan Wakefield says that initial evidence indicates that the driver of the truck may have been speeding and lost control of the vehicle. The truck rolled over and struck a tree.

Click here to read more about this Texas car accident.

Fears | Nachawati is a Texas personal injury law firm. To receive free legal advice about car accidents and other personal injury claims, email us or phone us toll free at 1.866.705.7584.

Yaz side effects

Yaz and Yasmin have recently been the subject of numerous lawsuits across the country as women taking these fourth generation birth control pills have experienced serious and sometimes deadly side effects.

Yasmin and Yaz contain a progestin called “drospirenone,” which poses increased health risks over birth controls containing other types of progestin. Drospirenone is unique to Yaz and Yasmin, making these birth control pills, and their generic counterpart Ocella, more dangerous than other pills.

While drospirenone dramatically increases the health risks associated with using birth control, there is no evidence that it makes Yaz or Yasmin more effective at preventing pregnancy than older generation birth control pills.

Yaz/Yasmin side effects may increase the risk of:

  • Heart attack
  • Stroke
  • Kidney stones
  • Gallbladder disease
  • Deep vein thrombosis
  • Pulmonary embolism
  • Cardiac arrhythmia
  • Pancreatitis
  • Death

If you or a loved one has been injured as the result of taking Yaz or Yasmin, contact Fears | Nachawati today for free legal advice. To speak with one of our Yaz/Yasmin lawyers at no charge, email us or phone us toll free at 1.866.705.7584.

What is the difference between a tort and a crime?

A tort is essentially a legal dispute between two individuals. One individual has been accused of committing a civil wrong against the other individual. The party who was wronged can bring a civil lawsuit against the party who caused their injuries and seek financial compensation for their losses.

A crime, on the other hand, is considered to be a wrong committed against society as a whole. Whereas the remedy for a tort is a civil lawsuit, crimes are redressed through criminal prosecution by the state of the offender.

Sometimes an act is both a crime and a tort. Battery (the use of force against another person that results in bodily injury), for example, is a crime in Texas punishable by law. However, it is also a tort and could serve as the basis for a personal injury lawsuit. Whether or not the wrongdoer is prosecuted and/or convicted does not have a legal effect on the injured party’s ability to bring a civil lawsuit.

For free legal advice about Texas personal injury lawsuits, contact the law firm of Fears | Nachawati today. To speak with one of our Texas personal injury lawyers, simply email us or call our toll free number at 1.866.705.7584.

Diminished value claim in Texas

Diminished value is the automatic loss in value of your car that occurs as a result of a car accident. Even if your vehicle is fully repaired after the collision, it will still be worth less simply due to the fact that it has been in accident.

For example, say your 2007 Mercedes-Benz was worth $30,000 before the car accident. Your bumper was crushed in the accident, but the other driver’s insurance company paid to have it repaired. That should mean your car is still worth $30,000 since it was fully repaired, right?

Maybe in theory but not in reality. The reality is a person is not willing to pay as much for a car that has been in an accident as they would pay for the same car if it hadn’t been in accident. Because of the accident, you might now only be able to get $25,000 if you sold your car. That’s a diminished value of $5,000.

The upshot is that you have suffered a $5,000 loss, and you should be compensated for that loss. That’s where a Texas diminished value claim comes in. If the accident was not your fault, the insurance company of the at-fault driver must compensate you for your car’s diminished value.

To learn more about the compensation to which you are entitled from your car accident, contact Fears | Nachawati today for free legal advice. Simply email us or phone us toll free at 1.866.705.7584.

What will I get if I win my Texas personal injury lawsuit?

If you win your Texas personal injury lawsuit, you will be awarded money as compensation for your injuries and financial losses. This money is known as “damages.”

Damages fall into three general categories: compensatory, non-compensatory and punitive.

Compensatory damages are damages that compensate you for specific financial losses, such as medical bills, lost wages and property damage. Non-compensatory damages are damages that represent your pain, suffering and mental anguish.

Last are punitive damages, which are awarded as a means of “punishing” the defendant for particularly onerous conduct. Punitive damages are relatively rare.

Under Texas law, the individual who caused your injuries must compensate you for:

  • Past and future medical expenses
  • Time lost from work
  • Damaged property
  • Household assistance
  • Emotional anguish
  • Permanent disability and/or disfigurement
  • Other costs which directly resulted from your injury

Have you or a loved one been injured in an accident? Then contact the Texas personal injury lawyers of Fears | Nachawati. To receive free legal assistance, phone us toll free at 1.866.705.7584 or email us.

Plaintiff status in Texas premises liability law

In Texas, as in most states, the duty of care a landowner owes to a person on their property depends on that person’s status. Your status is the circumstances under which you entered the premises, and this status can affect your ability to bring a successful premises liability claim.

In terms of their relationship to the landowner, a person is placed into one of three categories: invitee, licensee or trespasser. The amount of care the landowner owes you depends on how you are categorized.

Invitee: An invitee is someone who entered the premises with the owner’s knowledge and for the mutual benefit of both parties (a commercial or business purpose). An example of an invitee is a customer in a store.

Invitees are owed the most stringent duty of care. A landowner must protect an invitee from both the dangerous conditions of which the owner is aware as well as the dangers which the owner should have been aware of after reasonable inspection.

Licensee: A licensee is someone who entered the premises for their own benefit, pleasure or convenience with the owner’s permission. An example of a licensee is a dinner guest.

A landowner is charged with the duty of warning the licensee against dangerous conditions of which the owner is aware.

Trespasser: A trespasser is someone who entered the premises without a lawful right or permission to do so. An example of a trespasser is a vandal.

Typically, a landowner owes only a minimal duty of care to a trespasser, which is the duty not to injure them willfully or intentionally. There are limited exceptions to the general no duty of care rule related to artificial conditions that are highly dangerous to children.

If you have been injured on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today for free legal advice. To speak with one of our experienced Texas personal injury attorneys, email us or phone us toll free at 1.866.705.7584.

Are punitive damages available in Texas wrongful death lawsuits?

Texas is one of the few states that allows punitive damages to be awarded in successful wrongful death lawsuits.

Punitive damages are awarded to a plaintiff as a way of punishing the defendant. They are separate and distinct from compensatory damages which are awarded to compensate the plaintiff for the financial losses they have suffered as a result of the defendant’s conduct.

Note that punitive damages are not available in all Texas wrongful death lawsuits. Punitive damages can only be awarded in cases where the defendant’s behavior was reckless, malicious or intentional.

Even in cases where this criteria is met, however, punitive damages are not automatic. Rather, they are awarded at the discretion of the jury.

If you have lost a loved one in an accident, contact the Texas wrongful death lawyers of Fears | Nachawati today. To receive free legal assistance, simply email us or phone us toll free at 1.866.705.7584.

I was injured in an accident with an 18-wheeler - is my case different from other types of car accidents?

Lawsuits over semi-truck and 18-wheeler accidents differ significantly from cases involving passenger vehicles. A Texas trucking accident lawsuit is likely to be far more complex than the average car accident claim, involving multiple potential defendants, federal regulations and aggressive insurance companies.

Here are some of the ways in which semi-truck accidents are different from other types of car accidents:

  • Drivers of 18-wheelers are held to higher safety standards than drivers of passenger vehicles.
  • Semi-truck drivers are limited in the amount of hours they can drive per day.
  • Federal laws and regulations apply to the trucking industry.
  • Trucking companies are responsible for performing background checks before they hire an individual as a driver.
  • Trucking companies must periodically evaluate their drivers.
  • Insurance companies for truckers defend claims more vigorously than the typical car insurance company. 
  • Numerous different parties, such as the driver, the driver’s employer and the owner of the truck, can potentially be held liable for the accident.
  • By their very nature, trucking accidents tend to result in far more serious injuries than the average car accident.

If you have been involved in a Texas trucking accident, contact Fears | Nachawati today for free legal assistance. Simply email us or phone us toll free at 1.866.705.7584 to speak with a Texas personal injury lawyer.

What damages can I recover in my Yasmin/Yaz lawsuit?

Women across the United States are bringing Yaz and Yasmin lawsuits because they have suffered serious, adverse side-effects after taking these birth control pills.

If you have been injured by taking Yaz or Yasmin, you may be entitled to financial compensation for your injuries and related expenses.

“Damages” is the legal term for the financial compensation awarded to a plaintiff in a successful lawsuit. A woman who successfully brings a Yasmin or Yaz lawsuit will be awarded damages that represent compensation for her physical injuries, emotional suffering and financial losses.

The damages you could potentially recover if you win your Yaz/Yasmin lawsuit include:

  • Medical expenses, both past and future
  • Long-term care
  • Out-of-pocket expenses
  • Lost wages
  • Loss of future earnings
  • Pain and suffering
  • Emotional trauma

For free legal advice about Yaz and Yasmin lawsuits, contact Fears | Nachawati today. To receive your no charge consultation with one of our Yaz/Yasmin lawsuit attorneys, simply email us or phone us toll free at 1.866.705.7584.

Common causes of personal injuries

If you have been injured in an accident caused by the negligence of a third party, then you may have a personal injury claim.

There are numerous factors that can contribute to a personal injury. The most common causes of personal injuries include:

Motor vehicle accidents

Car accidents are the most common of all personal injury claims. These types of personal injury lawsuits can involve all sorts of motor vehicle accidents, including accidents involving passenger cars or those involving 18-wheelers. Car accident lawsuits can also be brought by bicyclists and pedestrians who have been injured by a negligent driver.

Dangerous prescription drugs

A company that produces a prescription drug for sale to the public has a duty to perform extensive testing to ensure that the drug is both effective and reasonably safe. A pharmaceutical company may be held legally liable for damages if they fail to perform adequate testing or neglect to inform the public of all of the drug’s potential side effects and risks.

Defective products

The makers of defective products are held strictly liable for injuries caused by those products. Strict liability means that the injured consumer does not need to prove negligence in order to bring a successful personal injury claim.

Poorly maintained property

Premises liability is a type of personal injury claim that arises when someone is injured while they are one someone else’s property. If the property is not properly maintained, then the owner of the property can be held legally liable for injuries incurred as a result of that poor maintenance or a dangerous condition. One of the most common type of premises liability personal injury claims is the “slip and fall” accident.

Workplace accidents

Workplace accidents vary widely in their severity and the factors which contributed to the injury. Personal injury claims for workplace injuries can involve employer negligence, premises liability and defective products, among other causes. In Texas, employers are not required to subscribe to workers compensation, so you may be able to bring a personal injury lawsuit against the company for which you work.

If you have been injured in any type of accident, contact Fears | Nachawati today for free legal advice. To speak with one of our experienced Texas personal injury lawyers, you can email us or phone us toll free at 1.866.705.7584.

Tanker truck crashes and explodes, shutting down Dallas North Tollway

A tanker truck crash and the resulting fire has left the Dallas North Tollway ramps to eastbound President George Bush Turnpike closed for an as of yet undetermined amount of time.

Shortly after midnight, a semi-truck pulling a trailer loaded with flammable liquid turned over and crashed after it struck a concrete barrier on the eastbound ramp to the President George Bush Turnpike.

The crash caused a major explosion, with the flammable liquid bursting into flames.

Dallas Fire Rescue responders found the driver of the semi-truck dead inside the vehicle.

Because the damage caused by the fire was so severe, investigators have been unable to determine the identity of the driver or the name of the company he was working for.

Click here to read more about this Dallas, Texas, 18-wheeler accident.

If you have been injured in a Texas 18-wheeler accident, contact the personal injury attorneys of Fears | Nachawati today. To receive free legal assistance from a Texas personal injury lawyer, simply email us or phone us toll free at 1.866.705.7584.

Driving safely in winter weather

Winter weather can pose serious dangers to travelers. Snow and sleet decrease visibility, and slick, icy roads make it difficult to safely stop and can cause you to slide. Stay safe on the roads this season by following these tips for driving in winter weather:

  • Before you leave the house, thoroughly remove any snow or ice from your front windshield, back windshield and side-view mirrors.
  • Buckle up!
  • Drive at a slower speed and leave yourself ample distance for braking.
  • Keep your lights on even during the day to increase your visibility to other drivers.
  • Avoid slamming on your brakes. You can avoid skidding by braking gently.
  • Remember that bridges and overpasses freeze first and use extra caution when traveling on them.
  • Be on the lookout for black ice – it will make the road look shiny and new.
  • Don’t use cruise control. Severe weather conditions call for your complete control of the vehicle at all times.
  • Allow yourself extra driving time so you can exercise proper caution.
  • Consider delaying your trip if a severe storm is approaching.
  • Prevent gas line freeze-up by keeping your tank at least half-full.
  • Be sure your tires are properly inflated before you leave your house.

For free legal advice on car accidents, contact the Texas personal injury lawyers of Fears | Nachawati. To speak with a Texas personal injury attorney free of charge, email us or call us toll free at 1.866.705.7584.

Man drives truck into home in Rowlett, Texas

 

A driver lost consciousness behind the wheel and drove his pickup truck into a house in Rowlett, Texas.

The driver, whose identity has not been released, lives in the same neighborhood. He was on his way home after having blood taken at the hospital. Rowlett police say he blacked out, and the truck then smashed through a woman’s house.

The owner was at home at the time of the accident, but was at the back of the house and suffered no injuries.

An officer who responded to the 911 call says the truck was halfway inside the house. According to Rowlett police, a substantial amount of damage to the house was incurred.

The driver suffered non-life threatening injuries and was taken to a nearby hospital for treatment.

For more on this Rowlett car accident, click here for the complete article.

If you have been injured in a car accident, contact the Texas personal injury attorneys of Fears | Nachawati for free legal advice. Simply email us or phone us toll free at 1.866.705.7584.

 

Eight injured in five-vehicle Plano car accident

Eight people were injured in a five-vehicle accident in Plano, Texas, on Monday afternoon. The accident caused major traffic delays, with the southbound lanes closed between Park Boulevard and Plano Parkway for six hours.

The accident took place north of 15th Street on Central Expressway. Plano police believe the accident was caused by an 18-wheeler careening into the southbound HOV lane and striking a Texas DOT truck located in a construction zone.

The 18-wheeler then struck a pickup truck. As a result of the impact, the pickup truck flipped over a box truck and crashed into a Mazda.

After being struck by the 18-wheeler, the Texas DOT truck smashed into a concrete median, pushing it into the northbound HOV lane.

Both the southbound and northbound HOV lanes will be closed while repairs are being made.

Five of the eight injured individuals were treated and released at the scene. The remaining three were taken to nearby hospitals.

To read more about this Plano, Texas, car accident, click here for the complete article.

If you have been injured in a Texas 18-wheeler accident, contact Fears | Nachawati today for free legal advice on your possible personal injury lawsuit. To speak with an experienced Texas personal injury lawyer, simply email us or phone us toll free at 1.866.705.7584.

Family of deceased car accident victim sues driver, North Texas Tollway Authority

The family of a Texas car accident victim has filed a lawsuit against both the driver who caused the accident as well as the North Texas Tollway Authority.

The lawsuit also names as defendants companies who performed engineering, construction and maintenance work on the tollway.

William Bond was killed when Christopher Spicer lost control of his vehicle and struck a median, which caused a large chunk of concrete to smash through the windshield of Bond’s car. Bond was killed instantly.

The accident took place on December 20, 2007. Bond was being driven home from a cancer treatment by his brother.

According to the attorney for the Bond family, the median that broke apart in the accident had been previously damaged but was patched instead of replaced.

A copy of the lawsuit indicates that no specific dollar amount is being sought by the Bond family.

Spicer was indicted for criminal negligent homicide, but the district attorney declined prosecution, saying the case was better handled in civil court.

For more on this story, click here for the complete article.

If you or someone you love has been injured in a Texas car accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal advice from a Texas personal injury attorney, simply email us or phone us toll free at 1.866.705.7584.

Family of Texas car accident victim files $7 million dollar wrongful death lawsuit

The family of a car accident victim has filed a multi-million dollar wrongful death lawsuit against the estate of Houston, Texas, attorney John O’Quinn. The victim, Johnny Lee Cutliff, was an employee of O’Quinn. Cutliff was killed in the accident along with O’Quinn.

The deadly accident took place on October 29th of this year. O’Quinn was traveling at a speed of 76 to 79 miles per hour when he slammed his SUV into a tree. O’Quinn was going almost double the street’s speed limit of 40 mph.

Neither Cutliff nor O’Quinn was wearing a seatbelt at the time of the accident. Both men were killed instantly as a result of multiple blunt force injuries.

Cutliff’s family has filed a Texas wrongful death lawsuit against O’Quinn’s estate, seeking a total of $7 million dollars in damages.

The plaintiffs, which includes Cutliff’s four brothers and his grandson, are asking for $6 million for pain and suffering and the loss of approximately 20 years of Cutliff’s life.

They are seeking an additional $1 million in punitive damages from both O’Quinn’s estate as well as his corporation, Classy Classic Cars.

According to the lawsuit, O’Quinn was grossly negligent and acting with conscious indifference and disregard for Cutliff’s health.

Cutliff, 56, had worked for O’Quinn for around 30 years, usually as a driver.

For more on this Texas wrongful death lawsuit, click here for the complete article.

For free legal advice from the Texas wrongful death lawyers of Fears | Nachawati, contact us today. Simply email us or phone us toll free at 1.866.705.7584.

Texas teen killed in single-vehicle rollover accident

A Texas teenager was killed in a car accident early Sunday when she struck a guardrail on Northeast Loop 820. The impact caused her vehicle to roll over.

The victim, an 18-year-old whose identity has not been released, was pronounced dead at the scene.

The accident took place at around 3 a.m. in the 2500 block of Northeast Loop 820. The victim was traveling eastbound on the highway in a Ford Focus when she attempted to enter a ramp to head north, striking a guardrail instead.

The teen was not wearing a seatbelt, and she was partially ejected from her vehicle during the rollover.

For more on this Texas car accident, click here for the full story.

If you have been injured in a car accident, contact the Texas personal injury lawyers of Fears | Nachawati today for free legal advice. Simply email us or phone us toll free at 1.866.705.7584.

Settlement reached in wrongful death lawsuit over hazing death of UT student

A settlement has been reached in a lawsuit over the 2006 wrongful death of 18-year-old University of Texas fraternity hazing victim.

The victim, Tyler Cross, died after falling from the balcony of an off-campus dormitory. A partial settlement in the parents’ wrongful death lawsuit against the fraternity, Sigma Alpha Epsilon, has been reached.

According to allegations made in the Texas wrongful death lawsuit, in the days before Cross’s death he was subjected to hazing rituals that included beatings, forced consumption of alcohol and sleep deprivation.

When Cross was discovered on the sidewalk near University Towers in the early morning hours of November 17, 2006, he had a blood alcohol level of more than twice the legal limit for driving in Texas.

A confidentiality agreement prohibits the release of details of the terms of the wrongful death settlement.

The attorney for Cross’s parents did issue a news release stating that the fraternity will implement a comprehensive educational program to eliminate hazing as part of the settlement agreement.

This agreement is similar to one the UT chapter of the fraternity reached with the university in order to be allowed to keep operating on campus.

Last year, two of the fraternity’s former pledge trainers pleaded no contest in a Travis county court to hazing and furnishing alcohol to minors. The two were sentenced to four days in jail as well as a form of probation that involves two years of deferred adjudication.

The chapter’s former president as well as a fourth member of the fraternity also pleaded no contest to similar charges, receiving one year of deferred adjudication each.

To read more about this Texas wrongful death lawsuit, click here for the complete story.

To receive free legal advice on Texas wrongful death lawsuits, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 to speak with an experienced Texas wrongful death lawyer.

Woman killed in car accident with off-duty Fort Worth police officer

A 27-year-old woman was killed when her car collided with an unmarked police vehicle driven by an off-duty Fort Worth police officer. An investigation is underway to determine if the officer was driving under the influence of alcohol when the accident occurred.

The officer, Jesus Cisneros, was traveling west on Columbus Trail early Friday morning when a Chrysler PT Cruiser traveling south on Evening Start Drive attempted to turn in front of his vehicle. Cisneros’s Toyota Highlander then collided with the PT Cruiser.

The woman driving the PT Cruiser, Sonia Baker of Fort Worth, was pronounced dead at the scene. Baker was a wife and the mother of two young boys.

Cisneros was taken to John Peter Smith Hospital in serious condition. There it was determined that Cisneros may have consumed alcohol prior to the accident. The results of the blood test, however, have not yet been returned.

A press release issued by the Fort Worth Police Department states that Cisneros faces charges of driving while intoxicated – and possibly even intoxication manslaughter – if the test shows that he had a blood alcohol content of .08 or higher.

Click here to read more about this Texas car accident.

If you or someone you love has been injured by a drunk driver, contact Fears | Nachawati for free legal advice. To speak with a Texas personal injury lawyer, simply phone us toll free at 1.866.705.7584 or email us.

Should I file a personal injury lawsuit?

By filing a Texas personal injury lawsuit you may be able to receive compensation for your injuries and other losses caused by your accident.

Any accident, whether it is a car accident, slip and fall or workplace accident, can affect your life greatly. You may incur substantial medical bills as a result of your injury, and you may be suffering from pain on a daily basis. Your injury may even prevent you from working, which means you have no income to support yourself and your family.

Filing a Texas personal injury lawsuit enables you to seek financial compensation for the expenses you have incurred as well as your physical and emotional suffering. While no amount of money can ever undo an accident, it can help ease the burdens that the accident has placed on you.

Also, when you file a personal injury lawsuit, you are helping to make sure that the person who caused your accident is held legally accountable for their actions. A personal injury lawsuit can help prevent the recurrence of their negligent or criminal actions.

To learn more about Texas personal injury lawsuits and your legal rights, contact Fears | Nachawati today for free legal advice. Simply email us or phone us on our toll free number at 1.866.705.7584.

What happens after I file a Texas personal injury lawsuit?

 

After you file your pleadings, the documents which form the basis of a personal injury lawsuit, you officially become the plaintiff in the case. The person against whom you filed the lawsuit, the one who caused your injuries, becomes the defendant. In response to your summons and complaint, the defendant must file an answer.

Once the pleadings have been filed, both parties will begin discovery. Discovery is the process by which you, the plaintiff, as well as the defendant gather the facts necessary for litigating the claims made in your Texas personal injury lawsuit.

Discovery takes many forms. The two most common types of discovery are interrogatories (written questions) and depositions (sworn testimony given under oath).

It is quite common for a settlement to be reached during the discovery phase of a personal injury lawsuit. You have the option of settling the lawsuit with the defendant for an agreed upon sum of money rather than moving forward with a trial.

Of course, not all Texas personal injury lawsuits are settled out of court. If no settlement can be reached, then the case goes to trial, typically before a jury.

For free legal advice on Texas personal injury lawsuits, contact Fears | Nachawati today. To speak with an experienced Texas personal injury lawyer, you can email us or phone us toll free at 1.866.705.7584.

 

18-wheeler accident in Sherman shuts down Highway 82

Two 18-wheelers collided in Sherman, Texas, Thursday night, causing a diesel fuel spill that shut down the westbound lanes of Highway 82 for several hours.

The Texas 18-wheeler accident occurred when a semi-truck rear-ended another semi-truck that was stalled on the highway. The impact caused the stalled truck to tip over, resulting in the fuel spill.

The crash took place on the Highway 82 bridge over Frisco Road.

A haz-mat officer was directing clean up of the fuel spill on the scene. Westbound traffic was diverted to Highway 56.

Authorities are calling the accident an eight or nine on a scale of severity from one to ten. Substantial damage to the cab of the stalled semi-truck was incurred.

Both semi-truck drivers suffered minor injuries and were taken to Wilson N. Jones for treatment.

The cause of the accident remains under investigation by police.

Click here to read more about this Texas 18-wheeler accident.

If you have been involved in an 18-wheeler accident, contact the Texas personal injury lawyers of Fears | Nachawati. For free legal assistance, simply email us or phone us toll free at 1.866.705.7584.

If I file a personal injury lawsuit, do I have to go to court?

Whether or not your personal injury lawsuit goes to trial depends on the circumstances surrounding your case. Frequently, personal injury lawsuits are settled before the case ever makes it to court. If the defendant, or, in some cases, the defendant’s insurance company, agrees to pay you an amount of money that you and your attorney believe is fair compensation for your injuries, then you can choose to settle and forego a trial.

For free legal advice about Texas personal injury lawsuits, contact Fears | Nachawati today. To speak with one of our experienced Texas personal injury lawyers, simply email us or phone us toll free at 1.866.705.7584.

Yaz and abnormal blood clots

Yaz and Yasmin are known to pose grave health risks to the women who take them. These risks include abnormal blood clotting and, as a result, strokes and heart attacks. In fact, the birth control pills Yaz and Yasmin have been reported to increase the risk of blood clots by more than 600%.

This increased risk of blood clots comes from the key ingredient in Yaz and Yasmin: Drospirenone. Yaz, Yasmin and Ocella are the only birth control pills that use drospirenone.

Blood clotting is a normal and necessary function of the body. However, Yasmin and Yaz can cause your blood to clot when it is unnecessary and can cause clots to form in your blood vessels, veins and arteries.

The danger arises when one of these abnormal blood clots breaks away from the vessel, vein or artery on which it formed and enters the blood stream. The clot can potentially cause a blockage near the heart, preventing blood from reaching the heart and resulting in a heart attack.

Another danger is that of the abnormal blood clot traveling through the blood stream to the brain. Again, a blockage can be created, preventing blood from flowing to the brain and resulting in a stroke.

If you have been injured by taking Yaz, Yasmin or Ocella, contact Fears | Nachawati today for free legal assistance. To speak with a Yaz lawsuit attorney today, simply email us or phone us toll free at 1.866.705.7584.

Is negligence the only basis for a personal injury lawsuit?

Negligence is only one basis for bringing a personal injury lawsuit. Two others bases for personal injury lawsuits exist: strict liability and intentional wrongdoing.

Strict liability is an area of tort law that has to do with products that are defective in some way when someone is harmed because of that defective. Strict liability means that you do not have to prove negligence on the part of the manufacturer. Instead, you must show that the product was manufactured or designed in a way that makes it unreasonably dangerous when used as intended.

Intentional wrongdoing is a wrongful act that was done purposefully. When someone is negligent, they did not mean to cause harm. Rather, the harm resulted from their careless conduct. An intentional tort is the opposite – the individual against whom you are bringing the personal injury lawsuit meant to harm you in some way.

For free legal advice on personal injury lawsuits, contact the Texas personal injury lawyers of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584.

What types of damages are available to me if I win my personal injury lawsuit?

Damages is a legal term that refers to the amount of money a winning plaintiff is awarded in a civil lawsuit. Damages can be divided into two main categories: pecuniary (monetary) and non-pecuniary.

Pecuniary, or monetary, damages represent actual financial losses you have suffered as a result of your accident and/or injuries. These include:

  • Medical expenses, both past and future
  • Lost wages
  • Loss of future earnings
  • Household services
  • Property damage

Non-pecuniary damages are compensation for your suffering and do not coincide with any particular financial loss or out-of-pocket expense. These include:

  • Disfigurement
  • Disability
  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Loss of enjoyment of life

To find out what types of damages may be available to you, contact the personal injury attorneys of Fears | Nachawati today. For free legal assistance from an experienced Texas personal injury lawyer, email us or phone us toll free at 1.866.705.7584.

Benefits of hiring a personal injury lawyer

 

If you have been injured in an accident, you may benefit greatly from the services of a personal injury lawyer. First and foremost, a personal injury lawyer can determine whether or not you have a case. Your attorney will be able to determine who was at fault for your accident and inform you of whether you have a strong basis for a personal injury lawsuit.

A personal injury attorney can help ensure that you do not lose your right to bring your claim by making sure you file your personal injury lawsuit before the statute of limitations has run. Your lawyer will be an expert on Texas’s personal injury law and can make certain that you do not lose your legal right to compensation because of a procedural error.

By hiring a personal injury attorney, you are also taking the first step towards receiving fair compensation for your injuries. If your accident was caused by someone else’s negligence, then you may be entitled to compensation for both your physical and emotional injuries.

You’re also ensuring that the person responsible for your accident is held accountable for their actions, which reduces the chances that someone else will be a victim of their negligence in the future.

To receive free legal advice from a Texas personal injury lawyer, contact Fears | Nachawati today. You can email us or phone us toll free at 1.866.705.7584.

 

One killed, two injured in Texas car accident

A 21-year-old Denton, Texas, man was killed in a car accident early Sunday morning.

The victim, Cory Gilder, was traveling northbound on North Loop 288 at around 6 a.m. when the accident occurred. Gilder lost control of his vehicle, crossing over the median and crashing head-on into another car.

Gilder was pronounced dead at the scene. Gilder’s passenger, as well as the driver of the second vehicle, were airlifted to Parkland Memorial Hospital in Dallas. Both were seriously injured.

The accident remains under investigation. Police are trying to determine whether speed or alcohol were contributing factors.

To read more about this Texas car accident, click here for the complete article.

For free legal advice on Texas personal injury lawsuits, contact Fears | Nachawati today. You can email us or call our toll free number at 1.866.705.7584.

Two killed in Dallas car accident

A car accident on LBJ Freeway in Dallas, Texas, claimed the lives of two people out for a birthday celebration.

The accident took place at 4:30 a.m. on Friday morning on Interstate 635, just north of downtown Dallas near the High Five interchange.

The deceased victims are 33-year-old Hugo Perez and 26-year-old Juan Balderas. The two were in a Volkswagen Jetta that was rear-ended by an SUV while the Jetta was parked on the shoulder of the freeway.

Police believe the driver of the SUV, a Nissan Xterra, was not paying attention to the road when it struck the Jetta.

The impact of the collision smashed the Jetta into the guardrail. The Xterra rolled over at least once. The driver was not injured.

A spokesman for the Dallas police says a charge of criminal negligence is expected against the driver of the SUV.

A 5-year-old girl, a passenger in the Jetta, was critically injured in the accident. She was riding on the lap of the right rear passenger.

Click here for more on this Dallas car accident.

If you have been injured in a Texas car accident, contact the Texas personal injury lawyers of Fears | Nachawati today for free legal assistance. To speak with a Texas personal injury attorney, simply email us or phone us toll free at 1.866.705.7584.

Texas motorcycle accident statistics

According to the latest information from the National Highway Traffic Safety Administration, there were 375 motorcyclists killed in Texas in 2007. Of those killed, 60% were not wearing helmets. Also, 39% of the Texas motorcyclists killed in 2007 had a blood alcohol content of greater than .08.

Overall, the NHTSA report shows that both motorcycle accident deaths and injuries are on the rise across the nation. In fact, on a per mile traveled basis, a motorcycle rider is about 35 times more likely to be in an traffic accident than someone in a passenger car.

The most common type of motorcycle accidents are those involving another motor vehicle, which accounts for 50% of all motorcycle accidents.

Alcohol plays a major role in motorcycle safety, with 41% of motorcyclists who died in a single-vehicle accident in 2007 having had a BAC level of .08 or greater.

Helmet use is another critical safety issue. The NHTSA estimates helmets to be 37% effective in preventing fatal injuries, which means that for every 100 motorcyclists killed in an accident while not wearing a helmet, 37 of them would have survived if all 100 had worn helmets.

If you or someone you love has been injured in a Texas motorcycle accident, contact Fears | Nachawati today for free legal assistance. Simply email us or phone us toll free at 1.866.705.7584 to speak with one of our experienced Texas motorcycle accident attorneys.

I am partly to blame for my car accident. Can I still sue the other driver?

In some cases it is still possible for you to bring a lawsuit against the other driver even if you were partly at fault for your car accident.

Texas uses a system of comparative negligence, properly referred to as “proportionate responsibility.” Comparative negligence occurs when the defendant argues that the plaintiff was responsible for some of their own injuries and shares the blame for the accident.

In a Texas car accident lawsuit involving comparative negligence, the jury will be asked to determine each party’s percentage of responsibility, which can range from 0% (no responsibility) to 100%. (complete responsibility).

While bearing some fault for an accident does not necessarily bar you from bringing a lawsuit, note, however, that in Texas, if you are found to be more than 50% responsible for your own injuries, then you cannot recovery any damages.

If you have been injured in a car accident, contact the law firm of Fears | Nachawati today to receive free legal advice. You will speak with a Texas personal injury lawyer who will help you understand your legal rights. Simply email us or phone us toll free at 1.866.705.7584.

Fuel tanker hits bridge, causes fire on I-30

A tanker truck carrying 7,500 gallons of diesel fuel slammed into a bridge over Interstate 30 in Mesquite, Texas, on Monday morning. Both sides of the interstate were shut down after the tanker burst into flames.

The driver of the fuel tanker, 32-year-old Brian Dawson, was treated and released. No one else was injured.

The accident took place at around 5:00 a.m. The tanker struck the eastbound I-30 overpass at Big Town Boulevard.

Westbound lanes were reopened at about 7:30 a.m., but the eastbound lanes of I-30 remained closed until 2:00 p.m.

State highway officials say the damage to the bridge is only minor. According to a spokeswoman for the Texas Department of Transportation, initial inspections indicate that there was no structural damage to the bridge.

For more on this Texas 18-wheeler accident, click here for the complete article.

If you have been injured in a Texas car accident, contact the personal injury lawyers of Fears | Nachawati today for free legal advice. Simply email us or phone us toll-free at 1.866.705.7584.