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

A six month old child was killed and 12 other family members were injured in a crash in the Hill Country region of Texas.  The family hails from the Dallas area and was traveling to Mexico on vacation.  Authorities report that a tire blew out on the van the family was riding in, causing the van to roll over several times in I-35E about six miles north of Hillsboro.  The infant, who was not riding in a child safety seat, was killed instantly.  The victims were taken to several area hospitals for treatment.

If you or someone in your family has been injured in a car crash, the attorneys and legal professionals of Fears | Nachawati are here to help you through this difficult time.  Call us today at 1.866.705.7584 to find out how we can help you seek justice. 

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A motorcyclist was killed early Sunday morning after he lost control of his bike, hit the back of a vehicle and was run over by a second vehicle.  The accident occurred in the 6000 block of East Loop 820 in Fort Worth.  The motorcyclist apparently lost control, drifted into the right shoulder lane, and steered back into the roadway, striking the back of a vehicle.  Witnesses report that the rider was thrown from his bike and his by a second vehicle.  The motorcyclist died at the scene.  Neither vehicle stopped.

If you have been injured in a motorcycle wreck, the attorneys of Fears | Nachawati can help you sort through your legal rights and get justice.  Call us today at 1.866.705.7584. 

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One person was killed and five others were injured in a head-on crash in Grand Prairie.  Authorities say that a man was driving his car in the wrong direction on I-30 early Sunday morning when he hit a pickup truck.  A second car traveling behind the pickup truck was also involved in the crash.  The driver of the first car was ejected from his car and died at the scene.  The driver and passengers of the pickup truck and second car were injured. 

Fears | Nachawati protects the legal rights of the survivors and victims of Texas car and truck crashes.  If we could help you in such a situation, please call us today at 1.866.705.7584. 

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A man was killed early this morning in a rollover accident on I-35 in north Fort Worth.  The man, Fernando Torrez, was heading southbound on the highway and driving a 2003 Toyota truck.  Witnesses report that the truck made an abrupt move and began to violently roll over.  Torrez was ejected from the truck, landing in the path of a tractor-trailer.  The tractor-trailer attempted to swerve, but was unable to avoid hitting the body.  Torrez was pronounced dead at the scene.

If you have been injured, or if you have lost a loved one to a wreck, the attorneys and legal professionals of Fears | Nachawati are here to help protect your rights and the rights of your family during this difficult time.  Call us today at 1.866.705.7584 to find out more about how we can help you.

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A man died earlier this week in the pharmacy of John Peter Smith hospital in Fort Worth.  Witnesses report that the man was discovered slumped over in a chair.  Help was called, but medical personnel did not arrive for at least ten minutes.  When help did arrive, a non-functional defibrillator was first used on the victim but apparently it was not charged up.  Emergency responders then tried to use a second defibrillator, which also did not work.  Medical workers then tried CPR and took the man away from the pharmacy for further treatment.  Their attempts to revive the man were unsuccessful.

If you or a loved one has been injured or hurt on someone else's property, you may have legal rights.  Call Fears | Nachawati today to discuss your potential case.  1.866.705.7584. 

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A man was killed when his disabled Jeep Cherokee was struck from behind by a police car early Thursday morning in Dallas.  Authorities say that the victim, 59 year old Terry Glover, was driving his Jeep when it broke down in the center lane of Polk near Camp Wisdom Road.  The police car was traveling on Polk and the officers apparently did not see the disabled Jeep.  They struck the car from the rear, pushing it through a metal fence and into the front yard of a home.  Glover was taken to an area hospital for treatment, but died later that day.

If you have been injured in an auto accident, the attorneys of Fears | Nachawati can help you sort through the red tape to get the justice you deserve.  Call us at 1.866.705.7584 to find out how we can help you. 

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A pedestrian was killed today in a wreck involving a car near the intersection of I-35W and Seminary Drive in Fort Worth.  The victim, Salvador Ramirez, 21, of Fort Worth, was pronounced dead at the scene.  His cause of death was determined to be "blunt force trauma due to motor vehicle-pedestrian collision."  Authorities are continuing to investigate the cause of this tragic accident.

Fears | Nachawati represents the victims of all accidents, whether they be drivers, motorcyclists, bicyclists or pedestrians.  Call us today at 1.866.705.7584 to find out how we can help you.

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Five people were killed in a recent head-on collision near Vernon, Texas.  Four members of one family were riding in a Hummer H-3 when their vehicle was hit by another SUV.  The family was in Texas to participate in a baseball tournament, and was returning home to Colorado when the accident occurred.  Authorities are continuing to investigate the accident, and suspect that alcohol may have been involved.

If you have been involved in an auto accident, or if a loved one of yours has been injured or killed, the attorneys and legal professionals at Fears | Nachawati are here to help you in your time of pain and grief.  Call us for a free consultation at 1.866.705.7584 to find out how we can help you. 

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A 33-year old McKinney man died in a car crash on U.S. Highway 380.  Authorities say that the man's car went off the road and flipped several times before coming to rest behind a house.  It is believed that the man was traveling westbound when he traveled over the median and through opposite lanes of traffic before leaving the road surface.  The man was wearing a seat belt.  He died from injuries sustained in the crash at Centennial Medical Center in Frisco.

If you have been injured in a car accident, the attorneys of Fears | Nachawati can help you.  Call us today at 1.866.705.7584 for a free consultation.

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The City of Fort Worth has offered the family of a man killed by police a record-setting settlement of $2 million.  The victim was killed by a Taser during a confrontation with police last year. 

Assistant City Attorney Gerald Pruitt says that this is the largest settlement Fort Worth has ever offered in any case involving death or injury. 

The victim, Michael Patrick Jacobs, Jr., died after he was shocked with a Taser for a total of 54 seconds.  Mr. Jacobs had a history of mental illness, and the police became involved after his family called for help because he was off of his medication and behaving aggressively.  Mr. Jacobs was shocked twice, first for 49 seconds and then for an additional 5 seconds.  The Tarrant County medical examiner's office declared that the victim's death was a homicide, but a grand jury declined to indict the officers who were involved in the killing. 

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Two Texans have been killed, and five others sickened, after developing listeriosis as a result of consuming the food-borne bacteria Listeria monocytogenes.  Five of the victims are from Bexar County, while the other two are from Travis and Hidalgo counties. 

Investigators have reported that the same strain of the bacteria sickened all of the affected individuals.  They are still working to pinpoint a cause.  In the meantime, the U.S. Department of Agriculture has issued a public health warning for prosciutto imported from Canada and sold under the brands Casa Italia and Emma. 

Listeriosis is a bacterial infection.  Outbreaks are sometimes linked to foods such as soft cheeses and deli meats.  Listeriosis causes flu-like symptoms in healthy people.  In persons who are elderly, pregnant, or have weakened immune systems, however, the fatality rate from this infection can reach 20 percent.  The Center for Disease Control estimates that there 2500 persons become seriously ill from listeriosis in the country each year, and that 500 die from the infection. 

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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.

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A Texas wrongful death lawsuit has been filed by a woman who lost two family members in a car accident with a semi-truck over the 4^th of July weekend.

The accident took place on I-35, just south of Gainesville, when the semi-truck crashed into the Ford Explorer as it entered a construction zone. The car had slowed down for the construction zone when it was struck from behind by the semi.

The woman bringing the wrongful death lawsuit is Melissa Hinkle. She is suing five parties, including the driver of the truck, the company for which the driver worked, the company that had the contract to perform the construction work on the interstate bridge and the Texas Department of Transportation.

The driver of the truck was Randy Crume. According to a Texas state trooper, Crume was driving too fast as he entered the construction area, causing him to crash into Hinkle’s SUV as well as several other vehicles.

The lawsuit alleges that the construction company, KKM Construction Inc., caused a traffic jam which was backing up interstate traffic for miles at the time of the accident.

The fatal accident resulted in the death of 13-year-old Casey Hinkle and his 63-year-old grandfather, Gervious Dale Hinkle. Melissa Hinkle spent 5 days in ICU as a result of the injuries she suffered in the car accident.

A similar tragedy occurred on August 3^rd when another semi-trailer crashed into vehicles that were stuck in a traffic jam caused by the same contractor named in Hinkle’s suit. The accident resulted in the death of three people: Anthony Brandon, 48; Kimberly Brandon, 47; and Darryl Hoosier, 55. Two others were injured in that same accident.

As of Friday August 7^th, the construction on the bridge has still not been completed. The company is being fined $400 a day until the work is completed.

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

If you have lost a loved one in a car accident, get in touch with the Texas personal injury lawyers of Fears | Nachawati today. We provide free legal advice about wrongful death lawsuits. Simply email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

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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.

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A wrongful death claim in Texas arises from the death of a person, as a result of, in whole or in part, of another person or entity's actions. Chapter 71 of the Texas Civil Practice & Remedies Code contains the exclusive remedy under Texas law for filing a wrongful death lawsuit. The act is intended to compensate a certain class of people for losses stemming from a loved one’s death. This class of people includes a husband, wife, child, family member, or someone else who otherwise qualifies as an heir or beneficiary under the decedent’s will. Persons in this class may be compensated for the loss of support or companionship of a loved one. A wrongful death suit is usually filed by a family member, beneficiary, executor or administrator of the decedent’s estate. Wrongful death claims can be very complex, as it is common for a claim to include multiple defendants. Oftentimes, many defendants are named in a wrongful death lawsuit. Some defendants settle prior to trial, while others defend the case from filing through trial. The amount of recovery usually depends upon the law of the state in which the claim is filed.  It is important to contact a Texas attorney or attorney licensed in your state in order to protect your legal rights.

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According to the Houston Chronicle, an accident occured early this morning involving a motorcycle and an 18-Wheeler truck.  

A motorcyclist died in an accident with an 18-wheeler on Interstate 45 north of Houston, the Harris County Sheriff's Department reported.

The accident occurred in the northbound lanes of the freeway near its intersection with the Hardy Toll Road, deputies reported. The accident was reported at 2:54 a.m.

The name of the victim was not released.

The investigation continued with traffic slowed in the area, the department reported.

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This afternoon, the Houston Chronicle reported that the car accident involving a police officer may be alcohol related. 

Prosecutors are awaiting blood test results before deciding whether to charge an off-duty Texas City police officer whose pickup slammed into a parked car last week, killing a La Marque woman.

Investigators need alcohol blood-level results, completion of an accident reconstruction and statements from witnesses on the whereabouts of Officer John L. White, 36, before the fatal accident, Galveston County District Attorney Kurt Sistrunk said today.

"The best guess is that we're probably at least two weeks away from having all we've asked for," Sistrunk said.

He said that if the evidence supported it, White could be charged with intoxication manslaughter, a felony carrying a punishment ranging from two to 20 years in prison and a maximum $10,000 fine.

Leticia L. Ortiz, 26, died after White's Ford F-150 pickup plowed into her Toyota Yaris, parked on the shoulder of the eastbound lane in the 9000 block of FM 1764, at 1:29 a.m. Friday, Department of Public Safety spokesman Ken Jones said.

Sistrunk said the DPS and the Texas City police were continuing their investigations.
Texas City Police Cpt. Brian Goetschius said White suffered a "few bumps and bruises" and will remain on duty during the investigation.

"Our office has assisted the DA's office and the DPS in whatever they have requested," Goetschius said. He referred all questions about the investigation to Sistrunk.

Sistrunk said in an e-mail that his office's on-call attorney was called to the scene by the Texas City police as is typical in all fatal accidents where intoxication is suspected to have played a role. The prosecutor worked with troopers and police to gather evidence at the scene and made requests for further information, Sistrunk said.

He said blood drawn from White was taken to the DPS laboratory for expedited analysis.

Records from the Texas Commission on Law Enforcement Officer Standards and Education show that White worked with the Port of Galveston Police Department from November 2001 to April 2004 before joining the Texas City Police Department.

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December 10, 2007

Today, the Dallas Morning News reported a fatality that occurred in connection with an 18-wheeler accident.

A 47-year-old Dallas man died Monday morning as he drove an 18-wheeler along State Highway 121 in Grapevine.

The man was driving southbound on the highway when the vehicle crossed into the northbound lanes of traffic, Grapevine police said. The vehicle struck a Mazda truck and flatbed trailer, pulled by a Chevrolet truck.

Initial investigation showed that the man may have had an unknown medical condition prior to the crash that caused his death, police said. He was pronounced dead at Baylor Medical Center at Grapevine. His identity was not being released pending notification of family.

No other injuries were reported. The accident remained under investigation.

All too often the cause of an 18 wheeler accident remains unclear.  Several personal injury cases I have handled required extensive investigation by police, our law firm and private investigators. 

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