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

A lawsuit has been filed after a drunk driver smashed his truck into a deli, causing patrons to be hit by flying debris and falling equipment. One of the patrons, a Texas man who lost one of his eyes in the accident, has filed a lawsuit against both the driver of the truck as well as the owner of the deli.

Russell January suffered his eye injury when a meat slicer fell on his head. January and his wife have filed a lawsuit against Rodney Eddie, the intoxicated truck driver, and Gonzuela Williams, the owner of Durham’s Meat Market.

The accident took place on November 14^th at around 5:30 p.m. January was eating at Durham’s Meat Market at the time, which is located in Port Arthur, Texas.

While January was in the deli, Eddie drove his pickup truck into the store, breaking through the wall and hitting several fixtures.

January was struck by a meat slicer, which, according to the lawsuit, caused not only the loss of his eye but also damage to his brain, a fractured skull and a fractured jaw.

In the lawsuit, January is seeking damages for medical costs, lost wages, lost earning capacity, pain and suffering, mental anguish, disfigurement and physical impairment.

January is joined in his lawsuit by his wife who is seeking damages for loss of comfort, solace, care, love and affection because of the accident.

The lawsuit blames Eddie for driving while intoxicated, driving too fast and failing to stay in his lane.

Williams is accused of negligence for having an unreasonably dangerous place of business because of the placement of heavy fixtures. The lawsuit further accuses Williams of failure to provide a barrier to protect his patrons from motor vehicles when it was foreseeable that a vehicle might jump the curb and strike the building.

For more on this Texas personal injury lawsuit, click here to access the complete article.

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

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Mediation in personal injury cases typically occurs after a lawsuit is filed, but before a trial before a jury or judge takes place.  Once an injury suit is filed, mediation is usually your last chance to resolve your case, absent a full-blown trial, and , many cases in fact settle at mediation.  During mediation, the mediator is a neutral arbiter between the parties and their goal is to try and resolve the injury claim in a manner that all parties can live with.  Your lawyer should explain to you how mediation works well in advance.  Typically, mediation lasts a half day or a full day, depending on the complexity of the case.  At the beginning of mediation, parties meet in one conference room where your lawyer makes a short presentation to the mediator and the party being sued concerning the facts of your injury case.  Sometimes, the attorney for the party being sued responds with a brief statement and the parties then break into separate rooms.  The mediator typically goes back and forth into separate conference rooms with monetary offers.  If the parties to the injury suit can come together on a settlement, the mediator drafts a short settlement agreement and the injury claim is finalized usually within 30 days following mediation.  If however, the parties are unable to come together on a fair settlement, the case will go to trial.  It is important to ensure your lawyer is willing to go the distance and take your case to trial if necessary.  Lawyers at my firm, Fears | Nachawati, attend mediation frequently, and more importantly, will absolutely take a case to trial if the negligent party (at fault party) is unwilling to pay a fair and reasonable settlement amount. If you have an injury claim and need legal help or advice, contact me at mn@fnlawfirm.com or by phone - 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

1. Stay alert and relaxed
 If you're tired, don't drive. If you've had a rough day at the office, chill out before you get on the road. Your car drives as you feel, so be nice and stay alert. Keep a firm and friendly grip on the wheel. Avoid clenching and choking; conversely, don't drape a wrist over the top and think you've got control. Most of all, make sure you're comfortable, and that all controls are within easy reach.

2. Use your senses
If you stare at the car in front, chances are good that you'll drive right into an accident. Look around; survey the road ahead so you know what's coming up, and keep an eye on the road behind. If you need to change lanes, try planning your move a few cars ahead so that you have plenty of time to merge. Listen for sirens, horns, or screeching tires. And most of all, use your sense: if you think a driver is going to cut you off, back off a little and let them in. If you see a car coming up fast in the rear view, avoid making sudden moves.

3. Stay put
People who change lanes get into more accidents. What's worse, they make accidents happen. So keep away from the lane fidgets, pick one and drive to your destination.

4. Drive a car, not a cell phone
If the keys are in the ignition, the phone should be powered off. If you're driving with children, keep in mind that kids don't normally disappear into thin air --- so it's okay if you stop looking at them and concentrate on the road instead. No matter what it is, avoid distraction and focus on the task in hand --- driving.

5. Share the road
The Golden Rule applies to driving -- in fact, it should be a law. When you share the road, you put everyone in a good mood, avoid accidents and arrive at your destination in a friendly frame of mind. Try it: the next time someone is attempting a last minute lane change, be courteous and let them into the lane. Not only have you avoided a fender-bender, but you've also done a good deed. 

Provided by: Autobytel.com

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As reported by the Fort Worth Star-Telegram, three men died in a crash early Sunday when a car hit a parked 18-wheeler's trailer and burst into flames, police said.

The men were traveling north in a 2002 Subaru Impreza about 3:10 a.m. when the wreck occurred in the 2100 block of Grayson Drive, police spokeswoman Sgt. Kim Smith said. The Impreza was quickly engulfed in flames, she said. 
                         
"The first officer was on scene within a couple minutes," Smith said. "He broke the driver's window to try and get them out, but the car was so badly on fire."

All three men died at the scene. They were Justin Cartwright, 27, of Euless; Corey Pratt, 28, of Bedford; and Aubrey Amado, whose age was not available, of Grapevine, Smith said.

The area near Texas 121 and Mustang Drive has several commercial and industrial properties.

The truck, which was not occupied at the time of the crash, was parked legally, and no criminal charges are anticipated, Smith said.

"We're just getting in touch with the families and making sure they have any help they need," Smith said. 
         

• Email This
• Print
• Comments
• Trackbacks
• Share Link

 This past weekend, the Dallas Morning News reported two different drunk driving accidents that killed a woman and a young child. 

The first drunken driver crushed a 5-year-old boy to death in his car seat early Sunday, Dallas police said.

They said the second caused a pickup to flip over, killing a 47-year-old woman and seriously injuring her husband.

"I can't recall the last time when we had two [such deaths] in one night," said Dallas police Senior Cpl. Kevin Janse. "To deal with a small child like this, it's traumatic even for a veteran police officer."

The crashes happened during a Super Bowl weekend when some area police departments were already on heightened alert for drunken drivers, although there was no indication that either suspect had been at a game-related party.

Police blamed the first crash on Adrian Childs, 28, who Dallas County records say has two convictions for drug dealing. Mr. Childs was driving a Hyundai Sonata at high speed when he rear-ended a Cadillac about 3:35 a.m. on State Highway 310 near Lamar Street in South Dallas, police said. The impact collapsed the Cadillac's trunk and caused the back seat to crush Xavier Williams, 5. His mother, whom police did not identify, was driving and survived, as did two of Xavier's siblings. Mr. Childs' car was then hit by a third vehicle, whose driver was not injured. Mr. Childs was taken to Baylor Medical Center in Dallas for treatment and later jailed on a charge of intoxication manslaughter.

Nearly two hours later and several miles away, Vernie Clark of Ennis was a passenger in a pickup driven by her husband on North Central Expressway at Walnut Hill Lane.

Police said a Toyota 4Runner driven by Patricio Barrios, 63, swerved in front of the Clarks, causing a collision. The pickup then flipped over, pinning the couple inside. Ms. Clark was taken to Presbyterian Hospital, where she died of her injuries. Authorities said her husband was hospitalized and underwent emergency surgery. They did not release his name or condition. Mr. Barrios was jailed on charges of intoxication manslaughter and intoxication assault.

Dallas police didn't increase their drunken driving enforcement during the weekend, but Cpl. Janse said police expected to make more DWI arrests than usual Sunday night.

"People don't make the right decisions and don't find other means of transportation," he said.

Other area cities took a more aggressive approach over the weekend, seeking search warrants to draw blood from suspected drunken drivers who refused to submit to breath or blood tests.

• Email This
• Print
• Comments
• Trackbacks
• Share Link