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

San Antonio area EMS director Jeff Fincke has asked city officials in Kendall County to impose tougher regulations on private ambulances speeding to nonemergency calls. Specifically, Fincke wants Kendall County cities to pass city ordinances, modeled after the one passed by San Antonio, that require ambulances to receive permission to run “hot” – that is, use lights and sirens – in response to requests for help.

Have you or a loved one been in an accident with an ambulance? If so, it may be time to ask the question: was the ambulance speeding out of necessity or because it was trying to beat another ambulance to the scene of concern. Find out the answer to these questions by enlisting the help at the experts at Fears | Nachawati. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

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In August 2009 a Houston man, John T. Barnes, Sr., was fatally shot by an officer in the Houston Police Department. The results of the autopsy, completed on November 3, 2009, weren’t released until earlier this month – after the Barnes family attorney, David W. Hodges, filed suit in U.S. District Court. As Hodges candidly explained, “The city had suppressed the autopsy until now. In this case, I think it was the filing of the lawsuit which finally was the impetus behind them releasing the autopsy.”

You deserve prompt responses from city staff, police departments and fellow citizens. If you haven’t received the attention you deserve, the right decision may be to contact the legal professionals at Fears | Nachawati. Whatever legal conflict you face, we can help! Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us protect you!

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Yesterday a 50-year-old man fell into Lake Houston from his Jet Ski. While his fellow passenger, a 10-year-old child, was accounted for, the Jet Ski’s driver was not located by the Atascocita Volunteer Fire Department. The entire incident raises new, challenging questions about the safety of Jet Skis and the extent to which dangerous designs put customers at risk.

Want to know more about the risks associated with Jet Skis? Are you also concerned by the product’s faulty design? If so, contact the personal injury experts at Fears | Nachawati. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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As a result of changes to University Interscholastic League (UIL) policy, high schools will be prohibited from letting student athletes practice or complete on the same day that they sustain a concussion. This change in policy was approved by the UIL’s legislative council in October of last year and received final approval from Texas Commissioner of Education Robert Scott late last month. The guidelines will go into effect August 1, 2011.

What does this mean for you? Texas law now gives greater protection to your children when they compete in school sports. If you suspect that their coach is disregarding state law by playing them after their head injury, you have the power to fight back. If you need help communicating with your child’s coach or school administrators, talk to the personal injury professionals at Fears | Nachawati. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

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An Austin repairman was killed while working on a pistachio auger earlier this month. Tragically, while the 30-year-old was making repairs, someone in the pistachio plant turned on the equipment used to shred pistachios seeds from their shell and grind pistachios. Unable to escape from the underground apparatus, the repairman was killed.

Occupational fatalities are all-too-common and always unfortunate. Thankfully, Texas lawmakers have created a legal mechanism – a wrongful death lawsuit – that allows survivors to find justice for themselves and their loved one. If you’ve lost a loved one in an occupational accident, talk to the personal injury experts at Fears | Nachawati. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

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Hip replacements are common among older Americans. When properly built and installed, they can dramatically improve an individual’s quality of life. Tragically, however, a group of patients in Houston have encountered failed hip devices. Earlier this month, these victims filed suit against Johnson & Johnson, Inc., the manufacturer of the ASR XL Acetabular Metal-on-Metal Hip Replacement System. They have valid reason for concern: in August 2010 Johnson & Johnson recalled the ASR XL system after a study revealed that the product had a high failure rate of 13 percent over five years.

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Lisa Harter, 26, died in January when her intoxicated companion and driver, Marcos Serda, flipped the car. In the wake of their mother’s tragic death, Ms. Harter’s children have filed a wrongful death suit against Mr. Serda and the San Antonio bar, the Flying Saucer, which served Mr. Serda drinks. According to the family’s legal representative, on the night of the accident the Flying Saucer was encouraging participation in the bar’s “U.F.O. Club,” a promotion that asked customers to drink every beer served in the bar.

Ms. Harter’s bereaved family has taken a sensible approach: sue the bar. (Of note, in the law bars and taverns are often known as “dram shops.”) If you or a loved one has been in an accident with a drunk driver, you may have a cause of action against the dram shop where they were drinking. The bar may share in responsible for the damages you incurred and injuries you sustained. To find out more about the laws governing alcohol-induced accidents, talk to the personal injury experts at Fears | Nachawati. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

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Last weekend a motorcyclist, Carlton Neal Bare, died suddenly and tragically when a drunk driver failed to yield, turning directly into Mr. Bare. The drunk driver, Carlos Loris Lengua, blew a breathalyzer over the legal limit when police officers arrived at the scene of the accident.

Drunk driving kills nearly 15,000 Americans every year. In fact, at more than 1,500 drivers every year Texas is the leading state in drunk driving fatalities. Thousands more are injured – sometimes altering the rest of their lives – because of drink driving.

Have you been in an alcohol-related vehicle accident? If so, you may need help. You may need the personal injury experts of Fears | Nachawati. For a free consultation, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

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A jury in Georgetown, Texas, sentenced Kenneth Wade Davis to 75 years in prison for aggravated assault, aggravated assault on a public servant and burglary. Davis’s sentence stems from an April, 2010 altercation in which he broke into Bobbie Rigsby’s home and, when she unexpectedly returned, shot her, puncturing her lung. Later that night, Davis also shot a Round Rock police officer, Jack Johnson. Fortunately, both have recovered.

Criminal court isn’t the end of the line for Mr. Davis. The burglar-turned gunman-turned convict also faces civil charges for the medical and emotional damage he caused. Tort law is an important field and nobody knows it better than the experienced, expert attorneys at Fears | Nachawati. If you’ve been injured by a criminal act, you may also have a civil claim. To find out more about your rights, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. The consultation is free; we’re ready to help you!

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According to a class action lawsuit filed in state court, Texas’s foster care system is unconstitutional and requires reform. The suit, filed in Corpus Christi, alleges that the rights of children are being impaired, sometimes significantly, as they endure poor treatment, including risk of abuse, poor health care and separation from loved ones such as brothers and sisters. Of Texas’s 12,000 foster children, those who have been in the state’s custody for more than three years have lived in an average of 11 different homes.

Class action lawsuits are an important and effective way for impaired groups to defray the costs of litigation while nevertheless securing the full benefits of America’s justice system. If you’re suffering from a bad product, sub-standard service or other widely shared malady, a class action lawsuit may be what you need. To find out more about class action suits, contact the personal injury experts at Fears | Nachawati. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

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A flash fire at the KMTEX Chemical Plant last week took the life of Johnny Williams, 58, as well as injuring three others. The fire began when pipeline workers welding a pipe made contact with an extremely flammable solvent, coal tar naphtha. Coal tar naphtha is a byproduct of refined crude oil and can be ignited by heat, sparks and open flames. The explosion was so powerful that witnesses a mile away reported feeling the shock.

The attorneys at Fears | Nachawati know what its like when a loved one is injured or killed in an accident. If you or a loved one have been hurt on the job, contact us for a free consultation so that you can know all of the legal options at your disposal. We’re ready to help you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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Earlier this week a butane and hydrofluoric acid leak at Marathon Oil’s Texas City refinery prompted a shelter-in-place order. A shelter-in-place order is a common emergency procedure used to minimize the risks of outside, dispersing contaminants. Marathon and other refineries contend these orders are essential in protecting the public.

However, some question the effectiveness of shelter-in-place orders. In a situation like Marathon’s butane and hydrofluoric acid leak experts worry that residents will not follow the order; alternatively, if the public does follow the order, they won’t be adequately protected in the event of a worst-case scenario. Residents and observers also question Marathon’s public relations approach to shelter-in-place orders. When confronted with questions by news outlets and citizens about the order, Marathon provided a brisk, non-informative statement: “The source of the release has been located, and crews are working on isolating it. There has been no off-site impact.” For residents worried about their health and the safety of their children, Marathon’s approach isn’t helpful.

Are you worried about shelter-in-place orders and refineries which impose risks on the public without appropriately consulting or informing local residents? If so, direct your questions and concerns to the personal injury experts at Fears | Nachawati. Premises and community liability are important legal issues. We can help you defend your rights and protect your interest. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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