Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

According to wfaa.com, workers spent hours cleaning up after a massive, nine-vehicle pile-up on Interstate 30 in Arlington Sunday morning. An 18-wheeler carrying tons of hot dogs slid on the icy highway at 6:30 a.m. and toppled onto a pickup truck, killing Paul Smith. Police said at least five others were injured in the chain-reaction wreck, which also involved another 18-wheeler. "The semi with the red tractor came up on the accident scene and was unable to avoid all the cars across the roadway," said Arlington police Sgt. Kevin Brown. All lanes of an overpass just east of the accident location at Fielder Road were covered in ice; investigators believe that's what triggered the accidents.

Thoughts from attorney Bryan Fears:

Although ice on the roadways creates difficult driving conditions, the rules of the road are simple--drivers are always responsible for maintaining a safe distance from other vehicles.  In this case, it appears the driver of the 18 wheeler was negligent for failing to control the speed of his rig, which was the sole cause of the crash.  In past cases handled by our firm, 18 wheeler companies tirelessly try to blame the road conditions for the crash.  However, the most important plan of action is to ensure a proper investigation is performed.  This will allow planning for any unforeseen contingencies that may arise in dealing with potential issues raised by the defense.  An important factor is retaining a lawyer or law firm that has experience handling 18 wheeler crashes. My condolences go out to the family of Mr. Smith.

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The family of a Texas man killed last September in a three-vehicle accident has filed a wrongful death lawsuit against the two trucking companies that allegedly caused his death.

Last September, Patrick O’Teter was on his way to work when he was involved in a car accident with two 18-wheelers.

According to the wrongful death lawsuit, O’Teter encountered a “rapidly slowing” 18-wheeler. The 18-wheeler was owned by Motelongo Trucking, based in San Antonio, Texas.

O’Teter struck the 18-wheeler. At the time of the accident, the 18-wheeler was crossing over the Interstate Highway 10 overpass at Highway 36 in Sealy, Texas.

A second 18-wheeler, according to the lawsuit, then rear-ended O’Teter’s minivan. This 18-wheeler was owned by Alamo Trucking Services Company, which is also based in San Antonio.

Both O’Teter’s minivan and the Alamo Trucking tractor trailer caught fire.

O’Teter was killed in the 18-wheeler accident. Neither driver of the two tractor trailers were injured.

In their lawsuit, the plaintiffs refer to an investigation report from the Sealy Police Department which concludes that one of the tires on the Montelongo Trucking tractor trailer had blown out just prior to the accident.

According to the department, the Montelongo 18-wheeler was to blame for the accident.

For more on this 18-wheeler accident and wrongful death lawsuit, click here to access the full article.

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As we reported in a recent blog post, the Dallas City Council was set to decide whether to agree to a settlement in the wrongful death lawsuit brought by the family of car accident victim Annie Reyes.

On Wednesday, the Dallas City Council agreed to a lawsuit settlement in the amount of $245,000. This Texas wrongful death lawsuit has been ongoing for approximately two years.

Reyes was killed when a car thief crashed into her vehicle while attempting to flee in a “bait car” being used as part of a police sting operation.

Michael Reyes, the grandson of victim Annie Reyes, hopes that the changes to the bait car program, which were put into place after Reyes’ death, will save lives in the future.

“It’s bad that my grandma had to be killed to show a better system needs to take place,” Reyes was quoted as saying to CBS 11.

For more on this wrongful death lawsuit settlement, click here to access the full article.

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A catastrophic injury is an extremely severe injury typically characterized by the loss of the use of a bodily system or function. A person who suffers a catastrophic injury may have to undergo multiple surgeries, rehabilitation, lengthy hospital stays and full-time nursing/assistive care. Sometimes a person with a catastrophic injury never fully recovers and may even face a shortened life expectancy.

Examples of catastrophic injuries include:

• Traumatic brain injuries
• Severe burns
• Amputations
• Paralysis
• Spinal cord injuries
• Paraplegia
• Quadriplegia

Individuals who have suffered a catastrophic injury have far greater long-term medical needs than those who have suffered a less severe injury. A person who has suffered a catastrophic injury will likely have to manage the injury on a daily basis. Often treatment will require an entire team of healthcare professionals providing care.

It is important that you seek the immediate counsel of a qualified personal injury attorney because you do not want to make the mistake of settling too early. The long-term effects of a catastrophic injury may not be immediately apparent. The consequences of an injury can take months or years to manifest. That is why you want to be cautious about settling for an amount of money that will ultimately prove insufficient to cover your medical expenses.

If you have suffered a catastrophic injury due to someone else’s negligent actions, you may be entitled to damages for:

• Medical expenses
• Lost wages
• Loss of future earnings
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Disability
• Disfigurement

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Yaz and Yasmin are two of the most popular oral contraceptives on the market. However, tragically, these birth control pills have proven fatal for at least 50 women, according to reports made to the FDA. Yaz and Yasmin present an increased risk of potentially fatal side effects over other birth control pills.

 Causes of Yaz and Yasmin deaths

Numerous life-threatening side effects are associated with the use of Yaz and Yasmin, including:

• Deep vein thrombosis
• Heart attack
• Blood clots
• Liver damage
• Pulmonary embolism
• Stroke

If a woman does not receive adequate and immediate treatment for any of the above conditions, these side-effects can result in death.

Increased risk for Yaz and Yasmin fatal side effects

Yaz and Yasmin are more dangerous for some women than others. Women with the highest risk of developing a fatal Yasmin/Yaz side effect are those who:

• Are over the age of 35
• Are obese
• Excessively consume alcohol or use illicit drugs
• Have heart disease
• Are undergoing hormone therapy
• Smoke
• Have had a stroke
• Have high cholesterol
• Have high blood pressure

Yaz and Yasmin wrongful death lawsuits

If you have lost a loved one or family member due to fatal side effects from Yaz or Yasmin, you should contact a Yaz/Yasmin lawsuit attorney immediately about bringing a wrongful death lawsuit.

A successful Yaz wrongful death lawsuit can result in compensation for funeral and burial expenses, medical expenses and pain and suffering.  

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If you’ve been involved in an accident and are considering bringing a personal injury lawsuit in Texas, you have a lot to cope with. On top of going to your doctor appointments and recovering from your injuries, you must also consider hiring a Texas personal injury attorney.

Finding a good Texas personal injury attorney, however, is not as difficult or stressful as it may first seem. It is true that you want to give careful consideration to this very important decision. It is also true, though, that you can make a wise selection by following a few simple tips.

Tip #1: Meet with the attorney in person before you sign anything.

Your personal rapport with your attorney matters a lot. You want to be represented by someone who makes you feel comfortable and someone you can trust and be honest with. You should never enter into an attorney/client relationship with a personal injury lawyer until you’ve had a chance to speak with that lawyer in person and determine whether they are a good match for your personality.

Tip #2: Find out whether the attorney is willing to go to trial if you don’t get a reasonable settlement offer.

Not all attorneys are willing to take a personal injury claim all the way to trial. You deserve fair compensation for your injuries, and you also deserve an attorney who will be willing to fight to get you that compensation. Don’t hire an attorney unless that attorney has expressed their willingness to go to trial if the other side doesn’t make a reasonable settlement offer.

Tip #3: Ask the attorney to explain all of their fees upfront.

Fees and expenses are one of the biggest areas of concern for potential litigants. A good, honest personal injury attorney will be upfront and open with you about the fees and expenses that you will be charged. Be sure you understand the extent and nature of the fees before you sign any agreement.

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Every year in the United States, around 2.5 million rear-end collisions are reported. Any number of factors can lead to a rear impact crash, including distracted driving, tailgating and poor weather conditions.

Even at slow speeds, a rear-end car accident can lead to serious injuries. The impact of being struck from behind causes the driver or passenger to rapidly and unexpectedly pitch forward, which can cause spinal injuries, whiplash or even a concussion.

While even the safest drivers cannot prevent all car accidents, there are steps that we can take to reduce the chances of being involved in a rear impact car accident. Protect yourself, your loved ones and your vehicle by being a defensive driver and following these tips to help avoid rear-end car accidents:

• Begin to brake well in advance of your need to stop to alert the driver behind you that traffic is slowing, which gives them more time to react.
• Avoid braking abruptly. Rather than slamming on your brakes to try to catch a missed turn, it is much safer to drive past it and turn around.
• Exercise caution when pulling out in front of moving traffic. Wait for a sufficient break between cars.
• Never tailgate other drivers. Always maintain a safe distance between your car and the vehicle ahead of you.
• Pay attention to the traffic down the road, not just the car directly ahead of you. That way you will be alerted to traffic coming to a stop.
• Give driving your full attention. Never drive distracted, such as driving while eating, talking on a cellphone or texting.

If you have been injured in a rear end collision caused by someone else’s negligence, contact a personal injury attorney today for legal advice.

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A Texas woman is suing after a car accident she claims was caused when the other driver failed to yield to her right-of-way and failed to obey a traffic control device.

The car accident lawsuit was filed on February 26^th by accident victim Perla Sanchez. Included as defendants in the suit are the driver of the car, Gerald Garcia, as well as Standard Alloys and Manufacturing Sales Co. and Blue Tee Corp.

In her lawsuit, Sanchez claims that Garcia was driving the Ford F450 pickup truck that hit her car on January 21^st.

Sanchez has also blamed the two companies for the accident, arguing that they should not have allowed Garcia to operate the vehicle because they knew him to be an incompetent and unfit driver.

Sanchez is seeking actual, compensatory and exemplary damages for her physical pain, physical impairment, disfigurement  and mental anguish. Sanchez also claims to have incurred lost wages and medical expenses.

Click here to read more on Sanchez’s Texas car accident lawsuit.

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A wrongful death lawsuit has been filed by the family of a Texas woman whose vehicle was struck by a police bait car.

Members of the Dallas city council have been briefed on the family’s Texas wrongful death lawsuit. The council will vote on Wednesday on whether to authorize a proposed settlement of $245,000.

The wrongful death lawsuit has been filed by the family of Anna Reyes. Reyes’ car was hit by a police bait car being driven by Eddie Ramirez.

Police allegedly chased Ramirez, who had jumped into the car set up by police officers to catch car thieves. Police lost sight of Ramirez and attempted to remotely disable the vehicle.

The police, however, were too late. Ramirez slammed into Reyes at 75 mph, killing her.

Since the fatal car accident took place, a new system has been put into effect that enables officers to disable the bait vehicle more quickly. After the new system was put in place, the bait car program, which has been temporarily suspended following the car accident, was reinstated by a unanimous vote of the city’s public safety committee.

To read more on this Texas wrongful death lawsuit, click here to access the complete article.

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Women who take Yaz or Yasmin should be aware that these birth control pills present an increased risk of arrhythmia, which is an irregular heartbeat.

Under normal circumstances, your heart beats at a rate that is relative to your current level of activity and comfort. An arrhythmia occurs when your heart rate becomes abnormal for some reason.

Arrhythmias can be placed into one of two main categories:

Tachycardia: Tachycardia occurs when the heart is beating too fast, specifically, at a rate of over 100 beats per minute.

Bradycardia: Bradycardia occurs when a person’s heart rate is too slow, specifically, at rate of less than 60 beats per minute for an adult who is awake.

If your heart rate drops below 50 beats per minute, enough blood may not be pumping to your organs. As a result, you can begin to experience serious side effects, including:

• Dizziness
• Fatigue
• Chest pains
• Fainting
• Confusion
• Heart palpitations
• Weakness
• Shortness of breath

In the worst cases, complications from arrhythmia can include:

• Stroke
• Cardiac arrest
• Blood clots
• Death

Sadly, there is no cure for arrhythmia. Instead, patients must undergo long-term treatments and rehabilitation as well as attend regular checkups.

If you believe you have experienced arrhythmia as a result of taking Yasmin or Yaz, you should immediately contact your physician. Additionally, you can also contact the Yaz and Yasmin lawsuit attorneys of Fears | Nachawati for free legal advice.

Women who have been injured, including by arrhythmias, as a result of taking Yaz or Yasmin birth control may be able to bring a lawsuit against the maker of these drugs.

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The number of lawsuits filed over the birth control pills Yaz and Yasmin is now at nearly 1,100. This is according to an annual report released by Bayer, the manufacturer of Yasmin and Yaz.

Experts are predicting that the number will continue to rise as thousands of women in both Canada and the United States are considering bringing lawsuits after suffering injuries from taking Yasmin and Yaz.

According to Bayer’s 2009 annual report, which was released last month, among the lawsuits filed have been five Yaz and Yasmin class action lawsuits – three in the United States and two in Canada.

The lawsuits all involve similar issues, which are claims that Yaz, Yasmin and the generic version Ocella increase a woman’s risk of suffering a heart attack, stroke, deep vein thrombosis, pulmonary embolism or gallbladder disease, among other injuries. At least 50 deaths in the United States alone have been linked to the use of Yaz or Yasmin.

In their Yasmin and Yaz lawsuits, the plaintiffs are arguing that Bayer failed to perform adequate research on the safety of the birth control pills and failed to warn users of the increased health risks associated with Yaz and Yasmin.  

Additionally, many of the Yaz and Yasmin lawsuits allege that Bayer was deceptive in its advertising of the birth control pills, over-emphasizing certain supposed benefits of the drugs without also fully disclosing the  potential increased risks of serious side effects posed by Yaz and Yasmin.

In fact, Bayer was formally warned about the deceptive advertising by the FDA and subsequently forced to run a series of ads correcting the misleading claims made in previous commercials.

If you or someone you love has been injured as a result of taking Yaz, Yasmin or Ocella, contact a Yaz/Yasmin lawsuit attorney today for legal advice.

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The family of a Fort Worth, Texas, woman killed last December in a car accident involving an intoxicated, off-duty Fort Worth police officer has filed a lawsuit against the bar that allegedly served alcohol to the officer.

The lawsuit has been filed under the Texas Dram Shop Act, which is a law that enables victims and victims’ families to hold an establishment legally liable for damages that arise when the establishment sells alcohol to an obviously intoxicated person.

Named as defendants in the drunk driving car accident lawsuit are the Pour House, bar owner Eric Tschetter and Pueri Inc., a related business entity.  Cisneros and the city of Fort Worth are not listed as defendants.

According to the lawsuit, the Pour House continued to serve alcohol to Jesus Cisneros – the off-duty Fort Worth police officer – to the point where Cisneros became “dangerously inebriated.” Afterward, the bar allowed Cisneros to “stagger out” and drive away from the establishment in a city vehicle.

Cisneros left the premises of the Pour House at around 2:25 a.m. Accident report states that Cisneros was driving at 70 mph in a 35 mph zone. Cisneros then struck a PT Cruiser being driven by victim Sonia Baker. Baker, 27, was pronounced dead at the scene. The accident took place on December 11^th near Baker’s Fort Worth home.

After the accident, Cisneros was taken to a hospital for blood tests. The results of those tests indicated that Cisneros’ blood alcohol level was more than twice the legal limit.

Last month, 37-year-old Cisneros was charged with intoxication manslaughter. He remains free on bail. Cisneros resigned from his position in late December.

For more on this drunk driving car accident lawsuit, click here for the full article.

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A Texas couple has filed a personal injury lawsuit after allegedly being injured in a drunk driving car accident.

The plaintiffs, William and Dora Bennett, filed their Texas personal injury lawsuit against both James Bates, the alleged drunk driver, and Avis Rent-a-Car, the company that rented Bates the car that he was driving when the accident occurred.

According to their complaint, Bates struck the car in which the Bennetts were riding. Bates, at the time, was driving a vehicle he rented from Avis.

In their Texas personal injury lawsuit, the Bennetts claim that they suffered a variety of damages, including mental anguish, disability, disfigurement and physical pain as well as lost earnings and medical expenses.

The Bennetts blame Bates for causing the car accident, claiming he failed to timely apply his brakes, failed to drive in a reasonable manner, failed to keep a proper lookout and failed to obey traffic laws. In addition, the lawsuit places the blame on Bates for having driven under the influence of alcohol and driving while intoxicated.

As for their claim against Avis, the Bennetts maintain that the company should not have rented a vehicle to Bates because they knew he was a dangerous and unsafe driver.

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A Texas woman has filed a premises liability lawsuit against an apartment complex after falling while walking her dog. According to the lawsuit, a lack of adequate lighting and guard rails is to blame for her fall from a retaining wall at the Tyler, Texas, apartment complex.

The plaintiff, Terese Swords, filed the premises liability lawsuit against Dial Equities, doing business as The Arbors on Chimney Rock, on March 2^nd.

The incident in question took place on the evening of December 13, 2008. Swords, according to her complaint, was walking her dog through a pedestrian common area of the complex. She was on her way to an area designated as a pet region.

As she was walking her dog, Swords claims in her Texas premises liability lawsuit, she fell off of an unmarked and unguarded wooden retaining wall. Swords claims that her leg collided with a tree stump, causing her leg to break. Swords further claims that she was lying on the ground for more than 30 minutes before anyone answered her cries for help.

In her complaint, Swords charges the complex with negligence for failing to maintain the area and for failing to warn of the hazardous condition. Swords argues that the area in question is unreasonably dangerous because there is no guard railing and it lacks sufficient lighting.

Swords seeks more than $75,000 in damages, including damages for physical impairment, anguish, emotional distress, physical pain and suffering and disfigurement and scarring, along with damages for her medical expenses.

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A Texas man has filed a personal injury lawsuit against the man who struck his vehicle and then fled from the scene of the accident.

The plaintiff in this Texas personal injury lawsuit is James Edward Mathews. On February 17^th, Mathews filed his suit against alleged hit-and-run driver Jeremiah S. Freeman.

According to his personal injury lawsuit, Mathews has suffered from both physical pain and mental anguish as a result of the car accident. He is seeking damages for lost earnings, medical expenses, pain and suffering, physical impairment and physical disfigurement. Additional damages are being sought for a loss of ability to enjoy life as well as the diminished value of his vehicle.

Mathew claims that Freeman caused the car accident because he was driving too fast, failed to keep a proper lookout, failed to yield the right-of-way, failed to apply his brakes in a timely manner and lacked proper control over his vehicle. Mathew’s suit further alleges that Freeman left the scene of the car accident and failed to stop and render aid.

Click here to read more about this Texas personal injury lawsuit over a hit-and-run car accident.

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A Texas wrongful death lawsuit has been filed by the parents of a six-year-old Gilmer, Texas, boy who was killed in a car accident in January. The suit has been filed in Upshur County’s 115^th District Court.

The victim was Nathan Connor Croley, and the Texas wrongful death lawsuit is being filed by his parents, Jerry and Melody Croley. Defendants named in the wrongful death lawsuit are Talley Rents (RentFirst) and the company’s employee Judson William Maurer of Longview, Texas.

On January 29^th, Jerry Croley was traveling south on U.S. 271 with his son and another child. Maurer was also driving south on the highway behind Croley. Maurer was traveling in a Talley Rents GMC truck. At some point, Maurer’s truck struck Croley’s vehicle. All three individuals in Croley’s car were injured. Nathan Croley later died from his injuries.

In their wrongful death lawsuit, the Croleys allege that Maurer is responsible for the accident because he failed to keep a proper lookout, failed to maintain a clear distance between his truck and Croley’s vehicle, failed to timely apply his brakes, failed to control the speed of his truck and generally did not act in a reasonable manner when operating his vehicle.

An unspecified amount of money is being sought by the Croleys for mental anguish and medical expenses, among other damages.

For more on this Texas wrongful death lawsuit, click here to read the full article.

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To preserve your right to bring a personal injury claim if you have been involved in a car accident in Texas, there are 5 important steps you should take:

1. Call police to the scene of the accident: An accident report is critical evidence that can be used to support your Texas personal injury claim. You should call the police even if you believe the accident was “minor.” Severe injuries and serious damage to your vehicle may not become apparent until days or even weeks after the accident has occurred. Bringing police to the scene of your Texas car accident guarantees that there will be an official record of how the accident occurred, who was involved and any witnesses that may have been present.

2. Gather as much information as possible: Again, even a seemingly minor accident can have major consequences. Before you leave the scene of the accident, gather as much evidence as you possibly can. You need all of the other driver’s contact information, including their insurance information, as well as the contact information for witnesses. Take lots of pictures of both your injuries and the damage to your vehicle before you have your vehicle repaired.

3. Get immediate medical attention: To prove your personal injury claim, you need documented records of the pain and injuries you have suffered as a result of the car accident in Texas. If you believe that you were injured in any way at all because of the car accident, seek immediate medical attention. It’s in your best interest not to try to “tough it out,” but rather to get an official, professional opinion about your condition.

4. Never admit fault: The other driver’s insurance company will attempt to use your words against you if you later bring a personal injury claim. Regardless of the circumstances surrounding the accident, do not admit fault to anyone. Only speak to the other driver as much as necessary to exchange contact information.

5. Seek the advice of an experienced Texas personal injury attorney: Your Texas personal injury lawyer is there to represent your interests – and your interests alone. By having your case evaluated by a Texas personal injury attorney, you can be sure that you are receiving a fair settlement offer for your claim. If no settlement agreement can be reached, then your attorney can take your Texas personal injury lawsuit to court.

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The widow of a Texas man killed when a racing yacht capsized has settled a lawsuit with the manufacturer of the boat.

On June 6, 2008, during a race from Galveston, Texas, to Vera Cruz, Mexico, Texas A&M University safety officer Roger Stone was killed when a 38-foot racing yacht lost its keel and capsized.

The boat in question – named the Cynthia Woods – was manufactured by Cape Fear Yacht Works, owned by Kent Mitchell. The lawsuit was filed by Stone’s widow, Linda Stone, against Cape Fear Yacht Works, as well as a company that repaired the racing yacht and the boat’s designer, Bruce Marek.

Stone was the crew’s second safety officer. He pushed two student sailors to safety after the boat capsized and tossed four members of the Texas A&M University at Galveston Offshore Sailing Team, as well as one other safety officer, into the Gulf. The individuals drifted for 26 hours. Stone was trapped below deck and died.

According to an investigation conducted by the U.S. Coast Guard, the boat sank because it was improperly repaired after it had been run aground on at least five occasions.  By contrast, an investigation into the accident by the Texas A&M University System concluded that the inadequate design and construction of the boat was the cause of the capsizing.

According to court documents, under the terms of the agreement, Cape Fear Yachts will pay Linda Stone and her two children $375,000 within the next three years. The documents state that this money will be used to help pay for the children’s college costs.

For more on Stone’s settlement with the yacht manufacturer over this Texas wrongful death, click here to read the full article.

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