Mobile Home, Car Accident, Death

 BASTROP COUNTY, TEXAS – Deborah Sue Jackson and her son, Blake Anthony Jackson, were killed when their vehicle struck a mobile home being transported by a truck. Two other children, Deborah’s 13 year old son and 6 year old nephew, were in the vehicle with Deborah and Blake were treated to Dell Children’s Hospital and later released.

The accident occurred around 5 p.m. on Tuesday, February 9. The mobile home was hanging over in Jackson’s lane on FM 535. This is a two lane road with no shoulders.

The mobile home was being transported by Jorge Segovia-Polladio who is being charged with criminally negligent homicide. The Texas Department of Public Safety stated Segovia-Polladio did not have an approved permit nor was he being escorted by approved vehicles.

 

Motor Vehicle Size Limits and Permits in Texas

This section is in regard to the Texas statute in the Transportation Code, Title 7 (Vehicles and Traffic), Subtitle E (Vehicle Size and Weight).

Manufactured Housing

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

In reference to this case above, a mobile home being transported falls under the manufactured housing definition. A manufactured housing may be transported on the road, in whole, if it is constructed in a way that in cannot be dismantled or destructed. If this manufactured housing, while being transported, causes the motor vehicle to be outside the legal sizing limits for a motor vehicle, a permit is required to be moved over a roadway. In any instance that Texas has a law regarding the permit for movement of manufactured housing, a county or city may not require anything in addition to that state law.

Size Limitations

Within the statute, title, and subtitle above, this section is in regard to Chapter 621 (General Provisions Relating to Vehicle Size and Weight), Subchapter C (Size Limitations).

A motor vehicle may not be wider than eight and a half feet. However, a passenger vehicle, and its load, may not be wider than eight feet. The passenger vehicle rule does not apply to a motor bus or trolley bus operated exclusively within a city and its suburbs or within a county the city is located. Any load on a passenger vehicle may not extend more than three inches beyond the left side of its fenders or six inches beyond the right side of its fenders.

A motor vehicle, except for a truck-tractor, may not be longer than 45 feet. All motor buses between 35 and 45 feet must have air brakes, three or more axles, and at least four tires on the rear axle to operate on a highway. House trailers, towable recreational vehicles, and motor vehicle combinations may not be longer than 65 feet.

A motor vehicle may not be higher than fourteen feet. Any motor vehicle between thirteen and a half and fourteen feet must be ensured for all vertical clearances in its path by its operator. Any damage due to the height of the motor vehicle is the responsibility or the owner of the motor vehicle.

Within the statute, title, and subtitle above, this section is in regard to Chapter 622 (Special Provisions and Exceptions for Oversize or Overweight Vehicles), Subchapter Y (Miscellaneous Size Exceptions).

Certain width and length exceptions that do not require a permit can be found in this subchapter.

Permits and Other Requirements

 

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

 

Any vehicle that does not conform to the size limitations above or falls within the exceptions above requires a permit. If the owner of the vehicle does not have a permit allowing the motor vehicle to be used on the roadways, the owner is subject to civil and criminal penalties.

The owner of the manufactured housing must apply for and receive a permit allowing the manufactured housing to be transported on the roadways. The permit must have the combined necessary dimensions (height, width, length) of the manufactured housing and the towing vehicle, the identification number of the manufactured housing, the owner’s name, the origination and destination locations of the manufactured housing, and the route that will be taken for the transportation.

A permit to transport manufactured housing is valid for five days and may be issued for a single trip or recurring annual trip to a temporary location no further than twenty miles from the manufacturing facility. A copy of the permit must be carried in the vehicle transporting the manufactured housing.

If the manufactured housing is wider than twelve feet, either one rotating amber beacon of at least eight inches must be mounted at the rear of the roof of the manufactured housing or two rotating amber beacons of at least eight inches must be mounted on the rear corners of the manufactured housing at least six feet above ground level. The beacons must be in operation at all times on the roadway.

If the manufactured housing width is between sixteen and eighteen feet, one escort flag vehicle must precede the house on a two lane road or follow the house on a road with at least four lanes. If the house is longer than eighteen feet, one escort flag vehicle must precede and one must follow the house. Each escort flag vehicle must have two lights flashing simultaneously or one rotating amber beacon. The lights must be visible from the front and rear. The escort flag vehicle must have one flag on each of the four corners of the vehicle. Each escort flag vehicle must have signs on the front and rear of the vehicle with black letters on a yellow background that says “wide load.” Each letter must be at least eight inches tall.

All transportation of manufactured housing must occur in the daylight. Transportation may not occur on a national holiday.

 

Legal Commentary

 

Victims of motor vehicle accidents should consult with an experienced personal injury attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses, as well as compensation for lost wages and pain and suffering. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been injured by a motor vehicle accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com , or by calling our office at 1-866-705-7584.

Man Sentenced After Killing Woman in 9-Vehicle Accident in Las Vegas, Nevada

Pictured above: Officials examining the scene of the accident 

This February, a 32-year-old man driving at extremely high speeds caused both the death of a Las Vegas woman and a resulting nine-vehicle crash. This week, that man, identified as Kenneth Rankin, was finally sentenced to 40 years in prison for his involvement. The accident originally happened when Rankin sped through a red light on Cheyenne Avenue and Jones Boulevard in Las Vegas, Nevada. Rankin fled the scene, reaching speeds of up to 111mph. He then hit Ellen Gallucci's vehicle, which in turned caused the vehicle to roll over. She unfortunately died at the scene.

The momentum of the impact of Rankin and Gallucci's cars caused them to strike other cars in the process. In total, nine vehicles were involved in the crash. Several people were severely injured, including Rankin's passenger and several more were taken to nearby hospitals for minor injuries. It was found that Ranking had more than seven times the legal limit of marijuana in his system at the time of the accident and officers found a pound of the drug in his vehicle. Rankin also tested positive for codeine. The judge in charge of Rankin's case ruled that Rankin will have to serve at least 16 years behind bars before he is eligible for parole. 

Legal Commentary
Not only are intoxicated drivers committing a crime, they are also endangering the lives of everyone around them. In this case, it was that of an innocent woman and several others who were in the wrong place at the wrong time. Successfully pursuing a claim against an intoxicated driver is difficult, but not impossible. Though they may be facing a difficult situation, it is important for individuals and families who have been impacted by drunken driving to quickly seek out legal guidance and representation in order to successfully pursue any possible claims against an intoxicated driver. If you or a loved one has suffered from someone else, you should contact the professionals at Fears | Nachawati. We can answer your questions, provide you with the proper guidance, and successfully represent you in any potential claims. We understand the difficult situations drunken driving accidents present and are prepared to advise you. Talk to us today for your free consultation.

About the Author
Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

 

Grada Armored Truck Injures Several, Leaves Father in Critical Conditions

Picture courtesy of AZ Central News 

An accident involving a Grada armored truck has left four injured and one father in critical condition. The accident occurred on Tuesday morning at about 8:30am in Phoenix, Arizona in Laveen Village. According to officials, the truck driver was driving south on 51st Avenue when he lost control of the truck and crossed into the center. As he did, the truck began to slip on its side. A pickup truck carrying a father, his two children and their dog that was driving northbound then crashed into the Grada truck. The armored truck ended up on top of the pickup, trapping all of its occupants.


Three people in total had to be extricated by firefighters. Two of them were in the armored truck and after firefighters stabilized the truck, they faced the difficult task of cutting into an armored vehicle. The father driving the pickup truck was taken to a nearby hospital and remains in extremely critical condition. According to officials, the driver of the Grada was using his cellphone to call his next stop when he lost control of his vehicle.

Scene of the accident: 


Unfortunately, motor vehicle accidents are quite common, especially ones where a driver is using their cellphone. The company that hired the Grada truck driver should have taken extra precautions to keep their drivers off their cellphones and their attention on the road. In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous victims and their families who are affected by a motor vehicle accident. The families of the victimis should consult with an attorney to file a suit against the driver of the 18-wheeler if he or she is found to be negligent. A successful civil claim would enable the survivors and their families to cover any needed medical expenses. A successful claim can also possibly cover any time lost from work or any pain and suffering caused by the injuries received from the accident. If you or a loved one was affected by this incident or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.


About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

 

Seven Injured in Wrong-Way Accident on Texas State Route 6 in Marlin on Monday, October 1, 2013

An accident on Texas State Route 6 in Marlin injured seven people Monday night when a pickup truck traveling northbound in the designated southbound lanes of the highway struck a Saturn, at approximately 9 p.m. According to the Texas Department of Public Safety, the driver and passengers in the pickup got out to help those in the Saturn when a Honda Odyssey van failed to stop and struck several individuals who were standing in the roadway. There were at least seven people injured; two were taken to Scott & White Hospital in Temple, while the remaining five were airlifted to several other area hospitals and treated for minor injuries. All victims were released from medical facilities on Tuesday. Currently, no names of the individuals involved in the accident have been disclosed. Below is a picture taken shortly after the accident occurred, courtesy of kwtx.com.

 

 


Below is a map depicting the location where the wreck occurred:

 


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Legal Commentary

These people are very fortunate that they only sustained minor injuries in this accident. The majority of car accidents that involve bystanders on a highway involve fatalities, or serious injuries that require extensive medical treatment. Nevertheless, it is still crucial that the victims seek legal counsel in this matter, to ensure they are adequately compensated for their pain, discomfort, and unpredictable medical expenses they incurred from this accident. Even if their injuries are not life-threatening, in the bigger picture, the initial accident would have probably never occurred had the driver of the pickup observed traffic signs and had not failed to drive on the correct side of the highway. Additionally, it is unlikely that the subsequent accident with the van would have occurred had the first accident been avoided. The victims could potentially file civil claims against both the driver of the pickup and the motorist in the van for their negligence that caused all of these injuries. If you have been directly involved in an accident that was beyond your control, the successful personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal guidance and representation necessary to effectively pursue a claim against the responsible party/parties. To set up a free consultation, click here, or call our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

 

Randy Murchison, 55, Severely Injured in bicycle hit-and-run in Austin, TX on Lamar St.

On Friday, July 19, 2013, 55 year-old Randy Murchison was riding a bicycle to a nearby Dairy Queen when he was struck by a dark-colored car near the intersection of North Lamar Blvd. and Ferguson Dr., stated the Austin Police Department.  After reviewing security video footage, it was revealed that the car did in fact yield to the right-of-way for Murchison; however a second car ran into the first car, forcing it to hit Murchison. The driver who struck the vehicle that actually ran into the cyclist never slowed down. Murchison, who also suffers from the neurological disorder cerebral palsy, sustained several injuries, including: a broken arm, seven broken ribs, and a bruised kidney. The driver who failed to stop and render aid to the victim after forcing the other vehicle to hit Murchison has yet to come forward. Below is a map with Dairy Queen location where the accident occurred, along with the surveillance footage, courtesy of KVU.com. 

 


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Legal Commentary - Majed Nachawati - Author

 

When a reckless driver causes such a traumatic accident to a cyclist, it is important that the individual immediately seek legal counsel for the severely life-altering injuries sustained. After such an overwhelming accident, speaking with an attorney immediately gives the injured an opportunity to tell their version of the story as they experienced it and remember it, and can further support concrete evidence such as surveillance footage; as was present in this particular accident, and further enhances eye witness accounts. Legal representation can also provide the victim piece of mind that their injustice and injuries will not fall on deaf ears or be under-compensated. When a victim has a legal expert, such as an attorney, handling all of the technicalities of the accident, it enables the victim to focus more on recuperation without dealing with the added stress of various insurance companies. If you've been injured or directly affected by a similar kind of accident, the staff at Fears | Nachawati can inform you of your legal rights and any possible claims you may have. We understand how big of an impact a car accident can have on your life and are prepared to advise you. While an accident involving a pedestrian and an automobile may be overwhelming and traumatizing,  the right legal counsel can simplify the process and put you at ease. If you have any questions, feel free to contact us or call our office at 214.890.0711.

 

About the Author: 

 

Attorney Majed Nachawati, a Texas native, provides experienced, vigorous counsel to victims in the Austin and surrounding area, as well as throughout the entire state of Texas, and across the country. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at his Super Lawyers profile.

The Fears Nachawati Team Wins Another Robust Trial for an Injured Client

 On Wednesday, July 17, 2013, Fears Nachawati Law Firm Counsel Garnett Hendrix, along with his legal team, appeared in the 160th District Court in Dallas County under Presiding Judge, the Honorable Jim Jordan, to litigate for their client; Plaintiff Deron Taylor.
The case of Deron T. Taylor v. Clifton R. Carr and Native Oil Field Services, LLC, developed as a result of a rear-end collision that occurred between Taylor and Carr. On November 3, 2009, the tractor-trailer Carr was operating collided into the posterior end of the flat bed truck that Taylor was operating. As a result of Carr’s negligence to control his speed, yield to the right-of-way, and observe an adequate lookout, Taylor sustained permanent spinal damage upon impact when his vehicle was pushed 260 feet from the point of impact. In addition to spinal damage which has hindered Taylor’s work ability post-collision, Taylor also experienced a concussion, which caused long term, adverse affects on his memory.
Because of Garnett Hendrix’s 30 plus years of acute legal expertise, and the tenured, adept legal research team of paralegals and assistants who support him, the division from Fears Nachawati successfully argued their case in front of a jury, whom of which rendered a verdict of $352,000.00 to be awarded to Taylor as a result of the defendant’s wrongful and negligent conduct to avoid the collision. Included in the amount awarded to Taylor, $270,400.00 was designated to the Plaintiff for loss of future working capacity, and $50,000.00 was allocated for physical pain and mental anguish.
Becoming a victim in an accident can be very physically, emotionally, and financially distressful, especially when it could have been avoided. If you have been injured due to the negligent conduct of others, you may be entitled to pursue a claim against those responsible. Our experienced personal injury attorneys at Fears Nachawati can provide the legal guidance and representation you need to successfully achieve a claim against the responsible party.

About the Attorney

 

 


Garnett "Brit" E.Hendrix, Jr. has been practicing law in Texas for over 30 years. He is board certified in personal injury litigation by the Texas Board of Legal Specialization. Brit received his undergraduate degree from Texas Tech University, and earned his Juris Doctorate degree from the University of Texas. Brit is licensed to practice law in the State of Texas and is admitted to the Northern District of Texas.