Trucking Accident in Texas Kills Infant

 Photo: Loyd Overcash - Infant killed in Trucking Accident in Tomball, Texas

Photo by Loyd Overcash

AUGUST - 2015 - Nine-month-old infant Sawyer McIntosh died in a crash with an 18-wheeler early this month, when his mother's Hyundai SUV crashed into the truck that was parked in a moving lane on Highway 249 near Tomball, Texas. The truck had stopped and parked in the moving lane to attempt to deliver to a local business. Parking in a moving lane is illegal.

A grand jury will review the case against 44 year old Ruben Jimenez, the Houston truck driver for the Central Transport company, who was not injured in the crash. Carter McIntosh, the baby's mother and driver of the SUV was hospitalized after the crash. She was using her cell phone at the time of the accident. A GoFundMe has been set up for the family.

Legal Commentary

Unfortunately, truck accidents are quite common and many suffer as a result. From a civil standpoint, our firm has represented numerous victims and their families who are affected by a motor vehicle accident. 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 focused on representing victims and families involved in automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has a successful record of resolving numerous workplace motor vehicle accident cases. Many of Mr. Nachawati's recent trials and settlements have brought seven and eight figure confidential reward settlements.

Mr. Nachawati serves 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 six consecutive years for legal excellence, in connection with wrongful death and product liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted through our website at cases.fnlawfirm.com/auto_injury, by email or by calling 1.866.705.7584.

On The Job Accident Results in Death of Two Employees

On Wednesday night, two men were tragically killed when an unmanned forklift rolled onto them. The two men, identified as 59-year-old Jimmie O’Farrell and 51-year-old Robert Berg, were working inside a truck at a Dallas plastics company when the unfortunate accident occurred. While it is still unclear why a forklift was left unattended, what is clear is that a serious violation most likely occurred at the time of the accident.  

On the job accidents occur every day in Texas but many victims are afraid to call an attorney for fear of retribution from their employer. Your accident at work may not have been deadly, but that doesn’t mean it can’t affect every part of your well-being. If you’ve been in a work-related accident, there are questions you should ask to find out if your employer shares any responsibility for the injuries you’ve sustained. Want to know more? Give us a call at 1-866-705-7584 or send an email to mn@fnlawfirm.com. We’re ready to help you!  

Drunk Driver Who Killed Off-Duty Lancaster Officer Finally Sentenced

Last summer, Lancaster officer Dustin Dodson was driving his motorcycle home after his night shift when Ricardo Espinoza, intoxicated at the time, turned in front of Dodson. The officer died from a skull fracture after being thrown from his bike, leaving behind his wife and their three young children. The drunk driver fled the scene, but was later caught and arrested.


Today, Espinoza pleaded guilty to intoxicated manslaughter and has been sentenced to 28 years in prison for Dodson’s death. Unfortunately, accidents like these are far too common in Texas. Had Espinoza not driven drunk, Dodson would still be serving the public today.

 

Legal Commentary - Majed Nachawati - Author


Obviously Espinoza is legally responsible for Officer Dodson’s death. Under certain circumstances, however, additional parties might also be responsible for the injuries or death resulting from a drunk driver’s actions, such as a bar or restaurant which negligently over serves alcohol to a customer who then drives while intoxicated and causes a motor vehicle accident. Fears Nachawati Law Firm is available to discuss the facts of a motor vehicle accident in which you or a family member are involved caused by a drunk driver, to explore whether you might want to retain our law firm to pursue a claim for money damages against the drunk driver, and possible additional responsible parties such as a business which negligently over serves alcohol to the driver.

 

About the Author:
Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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.

 

Texas Lawmakers Consider Change to Text Message Law

In Austin, the Texas 83rd legislative session is in full swing. Among the many laws under consideration is former speaker of the House Tom Craddick’s House Bill 63. This piece of legislation, which has passed the House and awaits action in the Senate, would prohibit drivers from reading, writing, or sending a text-based communication while operating a motor vehicle unless the vehicle is stopped.

 

House Bill 63 isn’t groundbreaking. Thirty-nine states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands have all adopted similar laws, including ten states in the last two years alone. The reasons for this uniform shift in public policy are both statistical and political. The U.S. National Highway Traffic Safety Administration (NHTSA) reports at least 3,000 deaths per year are related to text messages; and public opinion polls routinely find an overwhelming number of Americans in support of text-while-driving bans.

 

How may House Bill 63 affect you? Even if House Bill 63 doesn’t pass, this measure is clear evidence that the risk perception associated with texting and driving is shifting. Texans more readily accept that texting while driving is an unsafe practice and that it puts other people on the highway at risk.

 

Legal Commentary – Majed Nachawati – Author

Was your recent traffic accident the result of someone else’s careless decision to text and drive? You shouldn’t assume that a jury would think their decision to text and drive was reasonable. Many states, Texas residents, and Texas lawmakers would beg to differ. Find out how their careless conduct may impact your ability to recover under the law. Talk to the attorneys at Fears | Nachawati today. We’re ready to advise you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Wrongful Death Statute May Protect Motorcycle Victim's Rights, Family

In Dallas County, a female motorcyclist was killed two weeks ago when a car slammed into the back of her motorcycle. Travelling on I-20 at high speed, the accident happened quickly and, tragically, with lethal finality.

 

In response to the possibility that the driver of the car that caused the wreck might have violated Texas criminal law, county law enforcement has considered whether to bring criminal charges. While a criminal suit may protect future drivers from the careless driver and send a clear message to other would-be reckless drivers, a criminal case would do nothing to avenge the civil rights of the victim.

 

Fortunately, Texas civil law includes an important statute – the wrongful death statute – that provides an avenue of relief for this kind of wrongdoing. In some ways, a wrongful death lawsuit is more challenging than traditional negligence claims. The unexpected loss of a loved one can raise complex and painful emotions. Likewise, the absence of victim testimony can raise unique legal and evidentiary challenges. For these reasons, it can be helpful to have an attorney at your side who understands the emotional issues you’re facing as well as the nuanced legal challenges associated with you case.

 

Want to know more about wrongful death lawsuits and how the dedicated attorneys at Fears | Nachawati may be able to help you? With years of experience and dedicated expertise, our North Texas lawyers and professionals combine familiarity with your community with a profound knowledge of this area of the law. For more information about your rights and how to fight for your family’s legal interests, talk to us today.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Comparative Negligence Shields Passengers from Harsh Effects of Tort Law

Traditional tort law followed the principle of contributory negligence. Based on the idea that a victim should not be allowed to recover if he participated in the cause of his injury, the old rule of contributory negligence was coldly logical – and produced unjust results, in some cases.

 

Fortunately, in the 20th Century, Texas modified its tort law to replace the strictness of contributory negligence with a more flexible and equitable approach, known as comparative negligence or proportionate responsibility. In Texas, if a victim is less than 50 percent responsible for the cause of his injuries, then he may recover from a liable defendant that portion of the harm that he may attribute to the defendant.

 

The Texas approach to comparative negligence is important for victims of last month’s Cardinal Coach Lines Inc. charter bus accident in North Texas. At the time of the accident, some victims may have been acting carelessly, such as standing or walking in the aisle while it was travelling. Under the law of proportionate responsibility, however, their carelessness may reduce their damage award, but it will not preclude them from a chance at justice.

 

Want to find out more about your likelihood for a recovery under Texas negligence law? The attorneys at the law firm of Fears | Nachawati are prepared to answer your questions. For your free consultation, contact our professionals today. Just email us at mn@fnlawfirm.com or call 1.866.705.7584. 

The Future: An Important Consideration in Litigation about the Past

Lawsuits tend to focus on the past: who did what to whom. In addition to placing blame on the irresponsible party, however, personal injury lawsuits are also about the future. They ask questions about what might have been. In fact, although some damages are about past grievances, some of the most important – and potentially valuable – damages are an estimation about future earnings or future quality of life.

 

The Cardinal Coach Lines Inc. accident that shook North Texas last month is likely the basis for lawsuits from virtually every one of the more than forty passengers who suffered injury and property damage as a result of the accident. One of the most important questions that remain is simply which passengers intend to step forward and pursue their rights under the law.

 

At least two victims rights’ are already being protected. The first reported lawsuit in the Cardinal Coach Lines Inc. case was filed by a 74 year-old woman seeking up to half-a-million dollars in damages. More recently, the bereaved family of an 84 year-old who died in the accident filed a wrongful death suit.

 

The question for the remaining victims and their families is whether to take action. When thinking about this question, it’s important to remember that such a lawsuit isn’t just about the past. It’s also about the future – and the future that might have been.

 

Want to know more about how to protect your legal rights and interests? Speak with the professionals today at Fears | Nachawati today. Our attorneys are ready to provide you with your free consultation. Just email us at mn@fnlawfirm.com or call 1.866.705.7584. 

The Intersection of Bankruptcy and Personal Injury Law

The Cardinal Coach Lines Inc. accident that rocked North Texas last month is a classic example of some of the unseen legal risks that may be associated with a personal injury lawsuit – and why it’s imperative that victims act promptly.

 

Organized in May 2007, Cardinal Coach Lines Inc. has many of the appearances of a successful company. It runs five buses 250,000 miles per year. It has annual earnings of more than $2,000,000. It employs 12 people, including seven drivers.

 

The success of Cardinal Coach Lines Inc. may be more illusory than an observer might first suspect. Between December 2008 and March 2009, Cardinal proceeded through Chapter 7 bankruptcy. And it had a couple of violations during its last inspection.

 

Sadly, many companies operate surprisingly close to insolvency. Intensive capital costs, such as high-quality charter buses, and inflexible labor costs, such as labor, give the owners and managers of these close-run businesses little room for error. A catastrophic event, such as an unanticipated and severe collision like the one that Cardinal experienced in April, can overwhelm the firm’s balance sheet with new liabilities – like personal injury claims – and force the business back into bankruptcy.

 

Of course, insurance should pay for some costs. The firm’s past profits and equity should also buoy a stressed firm, too. However, particularly where liabilities are significantly larger than predicted, this financial cushion may not be enough. This lack of capital can cause creditors, including tort claimants, to race for what available dollars exist.

 

Victims of an accident may soon find themselves struggling through the nuances of not only tort law, but also bankruptcy law. Where this is the case, it’s important to have representation from a firm that understands both disciplines. Fortunately, the attorneys at the Dallas law firm of Fears | Nachawati have precisely this skill set.

 

Want to know more about how we may be able to help you and your family recover after your charter bus accident? The attorneys and dedicated professionals are ready to answer your questions at a free consultation. Email mn@fnlawfirm.com or call 1.866.705.7584. 

DPS Report May Transform Cardinal Coach Case

Earlier this month, the lives of more than forty Texans were unexpectedly and, several cases, permanently injured when a charter bus driven by an employee of Cardinal Coach Lines Inc. rolled, ejecting several passengers and hurting many more.

 

Speculation in this particular case and the pattern of evidence in countless others had pointed to the possibility that careless conduct may have contributed to the accident. A report by the Texas Department of Public Safety last week confirmed what many victims, families, and experts had suspected: the driver was at fault.

 

The basis of the DPS’s report was, in part, an admission by the 65 year-old driver who had caused a highway fatality fifteen years earlier. In an after-accident interview, the driver admitted that he might have blacked out moments before the collision. This disclosure, combined with a witness who did not recall the loud bang often associated with a blowout significant reduced the likelihood that the accident was the result of a mechanical failure, such as a blowout, as was more probably the result of human error.

 

Importantly, the driver may not have been the only party liable for human error. The DPS report, particularly its findings that underscore the driver’s age, driving history, and possible medical condition, raise profound questions about the hiring practices of the employer, Cardinal Coach Lines Inc. Charter bus companies, like all businesses, have an obligation to hire qualified personnel, particularly in instances in which human lives are at stake. Critical questions remain as to whether Cardinal acted with appropriate care.

 

Last week’s DPS report may have spurred some victims to action. Already, four victims or their families have taken legal action in an attempt to hold the negligent parties accountable and to recover for the legal wrongs they suffered. Want to find out whether a civil action might be the right approach for your loved ones? The experienced attorneys and dedicated professionals at Fears | Nachawati may be able to help you. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. 

The Role of Damages in the North Texas Charter Bus Accident

The charter bus accident in Dallas earlier this month was a rock-and-roll event. The bus rolled; and families were rocked. Sadly, more than forty senior citizens were injured and two were killed.

 

In the weeks following the accident, many victims and their families are trying to determine how best to move forward. At least two victims have made the decision to file a personal injury lawsuit against the charter bus company, Cardinal Coach Lines Inc., and the driver, Loyd Earl Rieve.

 

Why might these victims file a negligence claim? The short answer: damages. In the law, damages is the legal term for the physical, financial, medical, and emotional injuries that a victim has suffered. When you’ve got medical bills piling up, lost wages, and lasting physical conditions, damages give you the opportunity to return to the way you were.

 

Damages are also important for the larger community. They signal to other would-be defendants that negligent conduct may result in serious losses. They encourage other victims to fight for their rights. And they punish wrongdoers for their misdeeds.

 

How may the role of damages influence your charter bus accident lawsuit? To find out the answer, you may want to speak with the professionals and dedicated attorneys at the law firm of Fears | Nachawati today. With years of experience and dedicated expertise, we know how to provide for your legal needs. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. We’re ready to help you.

Is a Products Liability Lawsuit Right for You?

For the victims of this month’s Cardinal Coach Lines Inc. accident, it can be difficult, confusing and frustrating to sort through the various legal options at their disposal. A negligence claim may be best, but it’s also worth remembering that depending on the facts, a products liability lawsuit may be effective, too.

 

Products liability is an important area of law because it gives victims an additional avenue for a redress of grievances. In particular, products liability law protects victims who did not suffer harm as the result of negligence, but nevertheless did experience harm as a result of someone else’s inappropriate decisions.

 

In the context of the charter bus accident, it is possible that the maker of the charter bus manufactured a defective product and failed to warn consumers about those defects. In the accident earlier this month, many passengers were injured not simply when the accident occurred, but rather when the bus rolled over. For those who say that the passengers weren’t wearing their seatbelts, there’s a simple answer: the bus did not come with seatbelts for those in the passenger seats.

 

Years of research suggest that, first, seatbelts saves lives and, second, buses are particularly susceptible to the type of rollover accidents where seatbelts are most important. Despite these findings, many bus designers not only make buses without safety devices, but they fail to warn end-users about the inherent risks associated with their product.

 

Want to find out if a products liability action should be part of your legal complaint as a victim of this month’s accident? The attorneys at the law firm of Fears | Nachawati are prepared to give you the advice you need. Put our years of experience and dedicated expertise to work for you. Schedule your free consultation today by emailing us at mn@fnlawfirm.com or calling 1.866.705.7584. We’re ready to help you.

Parameters of a Negligence Cause of Action

For almost fifty North Texas residents and their families, two weeks ago marked a turning point in their lives. With the unexpected roll of a charter bus, they now face physical pain and emotional suffering as the result of someone else’s poor decisions. It’s unfortunate and unfair, yes, but it may also be a violation of their legal rights.

 

If you or your loved one was injured in the Cardinal Coach Lines Inc. accident in early April, it may be time to sit down with the attorneys and dedicated professionals at Fears | Nachawati to find out whether a negligence action is right for you – and what you may able to expect as a result. Under Texas law, all citizens have a right not to experience harm as a result of someone else’s carelessness. Was the injury you sustained a violation of your rights? Texas negligence law may hold the answer to this question.

 

The classic parameters of a negligence cause of action are duty, breach, cause and harm. Take the owners and operators of Cardinal Coach Lines Inc., for example. As the operator of the bus, Cardinal Coach Lines Inc. has a duty to act reasonably as the provider of transportation services to foreseeable parties, such as passengers. Did Cardinal breach this duty? Did that breach cause the harm experienced by the passengers? If a jury were to find the answer to each of these questions was yes, then the defendant may be liable for the victim’s pain and suffering.

 

To find out the answers to your questions, talk to our professionals. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. We can help you.

Amateur Organizer Liable for Charter Bus Accident?

If you’ve paid much attention to the recent charter bus accident in North Texas, you may be aware of the role that a non-professional event organizer played in bringing together the bus, the driver, and the passengers on that fateful day. “Casino Sue”, as the woman was commonly known, planned a quarterly trip to a casino in Oklahoma. The accident that occurred earlier this month was just the latest in her party trips for seniors.

 

There are many people who are potentially responsible for the tragic and fatal accident that occurred recently. The charter bus company, Cardinal Coach Lines, Inc., the driver, and the maker and distributor of various component parts, such as the tires, may each be required to participate in the process of allocating responsibility. Although it may come as a surprise, “Casino Sue”, the amateur organizer, may share in that liability, too.

 

Even though she may not have been receiving compensation for her efforts, “Casino Sue” nevertheless may have incurred liability as a result of her work to organize the event. Social hosts, for example, are commonly held liable, despite the fact that they receive no remuneration for their efforts. The question is not was she paid, but rather whether she violated a duty to care for her guests by failing to properly determine the possibility of an accident during the festivities.

 

Want to know more about these kind of important legal and factual issues? With years of experience helping victims, the attorneys at the law firm of Fears | Nachawati are ready to ask the difficult questions – and provide you with legally sound advice. To get started with your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. 

How to Finance a Charter Bus Lawsuit

As many North Texas residents are now aware, earlier this month a carter bus operated by Cardinal Coach Lines Inc. careened off a Dallas-area highway, killing two and injuring more than 40 passengers. Sadly, virtually all of the occupants of the bus were senior citizens and, as a result, many were unusually susceptible to accident-related injuries, such as contusions or fractures.

 

In the days and weeks following the accident, many accident victims and their families are coming to terms with not simply what happened, but what the accident means for their legal rights, their long-term health, and their financial future. For some victims, the question isn’t whether to take legal action. It’s how to pay for it.

 

Typically, there are two ways to pay for a personal injury lawsuit. Many clients are uncertain about their ability to pay or the likelihood of the suit’s success. Where this is the case, some attorneys will operate on what is known as a contingency basis. That is, the amount paid to the attorney or firm will be contingent upon the settlement or verdict. If you win, the attorney is paid a portion of the proceeds; if you lose, you don’t pay anything.

 

Other clients are more confident of their ability to pay or are more certain about the suit’s chances of success. In this situation, the client may prefer to pay an attorney’s hourly rate. Upon settlement or a verdict, the client receives all of the proceeds, less the flat rate earned by the attorney.

 

Which approach is right in your suit against the parties responsible for the charter bus accident? Find out what you need to know today by talking to the attorneys and dedicated professionals at Fears | Nachawati. Our professionals are ready to answer your important questions. Just email us at mn@fnlawfirm.com or call 1.866.705.7584. 

Should the Bus Have Rolled?

For the victims of last week’s fatal charter bus accident, there’s one evidentiary question that is particularly pressing: should the bus have rolled? By rolling over, the charter bus likely caused considerably greater personal injury. It also raises important questions about whether the owner, operator, driver, designer, and builder of the bus are liable.

 

In addition to these elemental evidentiary questions, why the Cardinal Coach Lines Inc. bus rolled is a question that also implicates rules and regulations promulgated by the federal government’s Federal Motor Carrier Safety Administration (FMCSA). If the owner, operator, or driver failed to abide by these safety standards, their failure to comply may provide compelling evidence that their behavior was negligent and improper.

 

Are you unfamiliar with the standards and regulations associated with FMCSA? Are you unclear as to how an owner and operator may be liable under negligence law or how the designer and builder may be liable under products liability law? It’s perfectly appropriate to not know the answer. However, for many victims, it may be a mistake to continue to not know. A well-litigated personal injury complaint may provide thousands or even millions of dollars in financial compensation. Don’t lose out on your catch at justice.

 

Ready to learn more about your accident and your next steps? To find out the answers to your questions, speak with the professionals at Fears | Nachawati today. We’re ready to help victims and their loved ones just like you. Our professionals are ready to schedule your free consultation. Just email us at mn@fnlawfirm.com or call 1.866.705.7584. 

Wrongful Death Lawsuits May Follow Tragic Accident

The violent and tragic accident last week that killed several and injured several dozen more has increasingly become the subject of not only national news, but also legal action. If your loved one was killed in last week’s accident, you may want to consider pursuing a wrongful death action.

 

A wrongful death action is a unique kind of lawsuit. Traditionally, under common law, only a living person enjoyed standing to bring a suit. Of course, this produced a legal loophole. Namely, if careless person was so careless as to not only injury his victim but to kill him, the tortfeasor would terminate the victim’s rights and eliminate the possibility of a suit. This produced an obvious injustice for the victim.

 

To counteract this injustice, many states, including Texas, have adopted wrongful death statutes that specifically provide an exception to the common law rule and pave the way for family members or next-of-kin to sue on behalf of the decedent’s tort rights. In short, if you can prove by a preponderance of the evidence that your loved one should not have died in an accident, you may be able to pursue your relative’s legal remedies.

 

In the tragic accident that took at least two lives last week, a wrongful death lawsuit may be an appropriate legal strategy. To find out how to move forward with this approach, you should speak with the attorneys at the Dallas law firm of Fears | Nachawati today. With years of experience, we know how to fight for families like yours. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. Let us help.

Fort Worth Woman Files Suit against Bus Company

Charlotte Reed of Fort Worth started this week with a bang, not a whimper, when she filed her personal injury lawsuit against Cardinal Coach Lines Inc., the bus company she alleges is legally responsible for her broken ribs and medical expenses. Ms. Reed isn’t letting time or age stand in her way. She may be 74-years old, but she’s up for the fight to protect her rights and seek the justice she deserves.

 

Why was Ms. Reed wise to file suit so soon after the accident? First, by starting sooner rather than later, her attorney can interview and depose company managers, the driver, fellow, and passengers. Likewise, various forms of physical evidence, including paper records, police video, and phone records are still available. Like a hunting dog, it’s best for an attorney to follow tracks while they’re fresh.

 

Second, there’s considerable uncertainty in every accident – and in every lawsuit. One of the most important forms of uncertainty for a litigant is financial: can the defendant pay my claims in the event of a successful verdict? At the moment, it’s unclear just how costly the accident – or how well insured the alleged defendants – may be. In litigation, it’s important to strike while the iron is hot, successfully prosecuting your case while the potentially liable parties remain solvent.

 

Should you follow Ms. Reed’s lead and file suit against Cardinal Coach Lines Inc. or the other potentially liable defendants associated with last week’s accident? Only you can answer that question, but the experienced attorneys at the Dallas law firm of Fears | Nachawati can provide the context you need to make an informed decision. To find out the answers to your questions and to receive your free consultation, contact us today. Just email us at mn@fnlawfirm.com or call 1.866.705.7584. We’re ready to help you.

Why Take on a Charter Bus Company

Pursuing a legal action after the wake of a charter bus accident, such as the recent fatal collision in North Texas that killed two and injured more than forty, can be costly, uncertainty and emotionally draining. If you’re not prepared for the months or even years you could spend in litigation, then you may not get the results you want. So, why do thousands of Americans file personal injury suits every year? Why should you?

 

The most obvious and basic reason to file a personal injury suit against Cardinal Coach Lines Inc. is for the money. For most passengers, last Thursday’s accident wasn’t simply painful or tragic. It was expensive, too. Medical costs, time away from work and family, and increased living expensive are just a few of the financial costs associated with being injured in an accident.

 

Nevertheless, there’s a subtler and, for some people, even more motivating reason to file a personal injury suit: in many instances, it’s the right thing to do. In our society, holding wrongdoers accountable is important. Private lawsuits are an important means of accomplishing this valuable end. Likewise, protecting future would-be victims matters a great deal, as well. Today’s personal injury suit may encourage safer practices and, as a result, save future families the kind of physical pain and emotional suffering that you and your loved ones are enduring at the moment.

 

Ready to talk about why a personal injury lawsuit might be right for you? The attorneys and dedicated professionals at Fears | Nachawati are ready to help you explore your motivations for taking action. With years of experience helping clients, we’re equipped to fight for you. To get started, email mn@fnlawfirm.com or call 1.866.705.7584. 

Was Negligent Hiring at Play in the Cardinal Coach Lines Accident?

Negligence is the heart of most tort lawsuits. In the wake of the Cardinal Coach Line crash in North Texas last week, many observers and lawyers have raised questions about whether negligence played a part, whether negligent hiring may have occurred, and if so, who is responsible.

 

Initial reports suggest that the driver in last week’s fatal and injurious accident may have been negligent in his driving and, on the basis of reports that a blowout may have occurred, that either the employer may have been liable for the maintenance of the tire or that the maker of the tire may bear some responsibility. Recent revelations about the driver’s past, including a roadside casualty and speeding and logbook violations within the last month, also raise important questions about whether Cardinal Coach Lines should have hired the driver in the first place.

 

Negligent hiring is an important and common cause of action in charter bus accidents. Although modern technology and driver databases provide a wealth of information about potential hires, some bus companies fail to take the appropriate precautions to review these resources and determine the qualifications of each applicant. Was this a concern in the Cardinal Coach Lines accident?

 

For victims and their families, questions like these are critical. To start finding out the answers, talk to the attorneys and dedicated professionals at Fears | Nachawati. With years of experience working in this challenging area of law, we know how to advise you and your family. To get started, email us at mn@fnlawfirm.com or call 1.866.705.7584. 

Characteristic Injuries of Charter Bus Accidents

You may be surprised to learn that bus accidents tend to injure passengers in ways that are distinctly different from typical automobile accidents. Because of the large number of people who typically ride in a charter bus and the fact that customary safety devices like seatbelts and air bags are not installed in buses, passengers are more likely to sustain spinal cord injuries, brain injuries, and broken and fractured bones.

 

To add a particularly interesting legal wrinkle to the recent Cardinal Coach Lines accident in North Texas is a tort law concept known as the eggshell skull rule. In the event that a victim is particularly susceptible to injury – that is, has an “eggshell skull” – the alleged tortfeasor may be responsible for providing a heightened level of care.

 

In the context of the Cardinal Coach Lines accident, all of the more than forty passengers who signed up for the gambling trip were over the age of 60. In other words, these customers were particularly at risk of bone-related injuries. This fact begs one question in particular: did the passengers have “eggshell skulls” for purposes of tort law? That is, did the carrier owe a heightened level of care to these particular customers?

 

This question is just one of many related to the recent accident in North Texas. To find out more about important tort law issues, talk to the legal professionals at Fears | Nachawati. With years of experience, our attorneys know how to advise you and your family. For your free consultation, email mn@fnlawfirm.com or call 1.866.705.7584. 

Insurance Settlements a Possibility in Bus Accident

As the shock of last week’s accident wears off and the hospital bills – or, in a couple of instances, funeral expenses – mount, you and your family may feel pressured to accept an initial insurance settlement offer. Before you sign away your rights as a victim or a survivor, you may want to speak with an experienced and qualified attorney.

 

Insurance settlements can be tricky. On the on hand, immediate liquidity is important. Emotionally, moving past the physical and emotional devastation of the Cardinal Coach Lines accident is meaningful as well. Finally, many insurance settlements are comprised of a carrot, the settlement offer, and a stick, the fact that the offer may be temporary. The temporary nature of the offer means that a failure to timely accept may jeopardize your chance to quickly close this chapter in your life.

 

There are a few points to remember. Quick settlements offer benefit the alleged defendant and his insurer more than the victim or the victim’s family. Additionally, some initial settlement offers constitute “low ball” offers that are more designed to frame a negotiation than to fully compensate an injured party. Finally, there’s rarely anything “final” about a negotiation. Engaging in multiple rounds of negotiation may flush out concerns, questions and aspirations on both sides.

 

Would you be benefited by talking to the attorneys and legal professionals at Fears | Nachawati? There’s nothing to lose by participating in a free consultation. With experience negotiating with defendants and insurance companies, we’re prepared to give you general advice – and to talk about the service we can provide. Email us at mn@fnlawfirm.com or call 1.866.705.7584. We’re ready to get started.

Are Negligence and Product Liability Applicable in Your Bus Accident Case?

Last Thursday’s violent bus accident in North Texas raises many factual questions; it raises a number distinct, legal questions, too. For instance, what legal theories may be applicable in this case? There are several possible scenarios to consider:

 

First, if the driver engaged in careless behavior that influenced his driving, he may be liable for negligence. Conduct such as drinking and driving, texting and driving, speeding, or deliberately ignoring road hazards may constituent the kind of careless behavior tantamount to a breach of duty, giving rise to a victim’s negligent claims.

 

Second, in a related form of negligence, if the driver or Cardinal Coach Lines, the owner of the bus and the provider of the transportation service, failed to properly maintain the bus, either may be liable for negligence, too. Failing to timely review or replace the bus’s tires, brakes, or vehicle fluids, like transmission fluid, brake fluid or oil, may constitute careless conduct and support a victim’s tort claims.

 

Finally, the maker of the bus, tires or other component parts may be liable under a different tort theory: product liability. If the company responsible for these parts designed, manufactured, or marketed dangerous injury-causing parts or products, these indirectly related parties could be liable, too.

 

Are these legal theories relevant in the Cardinal Coach Lines accident that injured your loved one? A full investigation by attorneys and legal professionals may be necessary to answer this important question. If you’d like the experienced, dedicated attorneys at the Dallas law firm of Fears | Nachawati to examine these matters for you and your family, contact us today. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584. We’re ready to advise you and your loved ones.

Timeline for Action Following Catastrophic Bus Accident

What caused Thursday’s fatal bus accident – and why? For public safety officials and for victims and their families, these questions are extremely important. DPS officials and private citizens have a desire to ensure that the responsible parties did not break the law, that they did not violate passengers’ rights, and that both Cardinal Coach Lines, the owner of the motorcoach, and similar carriers do not engage in criminal, reckless, or negligent conduct in the future.

 

Federal and state public officials are primarily concerned with whether a criminal rule was violated. For victims and their families, however, the primary question is whether an individual or business infringed on their civil rights. To find out whether this has occurred, victims often turn to the experts on private rights, lawyers and legal professionals.

 

As with Texas public officials’ investigation of Thursday’s tragic accident, lawyers who specialize in personal injury lawsuits and settlements understand that there is no substitute for an investigation of evidence immediately following an accident. In the hours, days, and weeks following a legal violation, witnesses’ memories are still fresh, physical evidence is still readily available, and potential defendants are often more open with information about their professional and personal practices. With this in mind, you may want to consider what your timeline for action should be – and, specifically, whether it is time to speak with a dedicated and experienced law firm.

 

The attorneys and professionals at the Dallas law firm of Fears | Nachawati understand what it takes to properly collect the relevant information associated with the recent, tragic charter bus accident. To find out how we may be able to help you and begin with your free consultation, contact us today. Just email our attorneys at mn@fnlawfirm.com or call 1.866.705.7584. We’re ready to start working for you.

DPS Investigations Continue in North Texas Fatal Bus Accident

Investigators with the Texas Department of Public Safety (DPS) continue to examine whether human error or a mechanical malfunction were primarily responsible for the North Texas bus accident that killed two and injured more than forty. Officials from the federal National Transportation Safety Board (NTSB) are working in conjunction with the state investigation, supporting their efforts as they sift through the evidence.

 

Why would some suspect human – and, specifically, driver – error? This week’s accident isn’t bus driver Loyd Rieve first fatality. Fifteen years ago, Mr. Rieve inadvertently killed a Good Samaritan who had stopped to aid a wrecked car. Moreover, the driver’s driving record included a speeding and logbook violation earlier this month.

 

Of course, victims, families, investigators, and observers shouldn’t jump to conclusions. Given their size, weight, and driving characteristics, commercial motor vehicles are more likely to be involved in accidents than passenger cars. They are also particularly susceptible to common malfunctions, such as blowouts. And in the moments just prior to the catastrophic accident, several passengers reported hearing a loud bang, potentially consistent with the sound of a blowout.

 

Only two days removed from the accident, there remain far more questions than answers. Nevertheless, for victims and their families, it’s important to get started in the process of finding out the facts and causes surrounding the fatal crash involving Cardinal Coach Lines. The dedicated and experienced Dallas attorneys at Fears | Nachawati are prepared to help you manage this process for you and your family. To get started with your free consultation, email our attorneys at mn@fnlawfirm.com or call 1.866.705.7584.

Catastrophic Accident Raises Important Questions about Driver Safety

The bus accident that startled thousands of North Texans continues to make shockwaves among commuters, frequent bus passengers, and responsible drivers. A cursory initial investigation into the driver’s past safety record revealed that although he had many years behind the wheel of a commercial motorcoach, he had been cited for a speeding and a log book violation earlier this month.

 

Did the driver drive safely on the day of the accident? Was the commercial carrier who employed him, Cardinal Coach Lines, aware of his recent citations? Did Cardinal Coach Lines take the necessary precautions to ensure that their commercial guests were safe in their employee’s care?

 

These are critical questions to answer in the wake of this – and any serious – accident. Commercial passengers have rights to safe travel and should be able to expect a professional carrier, such as Cardinal Coach Lines, to take sufficient steps to ensure their safety. In general, these steps should include a timely and periodic review of driver qualifications. Failure to take these steps may inappropriately expose passengers to a level of risk that they do not anticipate and do not deserve. Whether such a failure occurred in this week’s accident is one that investigators and victims will want to know.

 

Do you have questions about what happened and who is responsible? The attorneys and dedicated professionals at the Dallas law firm of Fears | Nachawati are prepared to help you deal with these circumstances. Thanks to our experience and expertise, we know how to help families like yours. To find out the answers to your questions, contact our firm professionals by email at mn@fnlawfirm.com or by phone at 1.866.705.7584.

Irving Bus Accident Rocks North Texas

Yesterday morning, a bus transporting more than forty passengers to a day of gambling in Durant, Oklahoma, suddenly and unexpectedly crashed while approaching the intersection of Belt Line Rd. and Texas 161. The crash injured forty-one passengers and killed two, including the organizer of the trip.

 

More information is expected to emerge in the days ahead about what happened, why it happened, and who is responsible. The answers to each of these questions carry important factual and emotional information; they also provide many victims and their families with meaningful legal and financial considerations, too.

 

If you are concerned about how your loved one’s rights may have been violated in this accident, you may want to contact the attorneys and dedicated professionals at Fears | Nachawati. With years of experience, we know how to advise concerned families like yours. To discuss your case fully, contact our team by email at mn@fnlawfirm.com or by phone at 1.866.705.7584.

Is a Wrongful Death Lawsuit Right for Your Family?

Customarily, only a person who is injured may bring a lawsuit against the person causing their injury. Of course, there’s a problem with this general rule: what happens when a victim dies as the result of another person’s carelessness? It would be unjust for the person responsible for the injury to evade justice because the victim died as a result.

 

The wrongful death statute, which provides a statutory cause of action for a victim’s loved ones, provides a solution to this problem. If your loved one died as the result of some else’s carelessness, such as a drunk driver or a speeder, it may be time to ask the professionals at the Dallas law firm of Fears | Nachawati whether a wrongful death lawsuit is right for you and your family.

 

Before you pursue this remedy too far, it’s important to understand the limits of a wrongful death statute. While immediate family members of the victim, such as spouses and children, may file the suit, other family members may or may not have this right. In some states and some situations, a life partner, parent, sibling, or financial dependent may file suit. However, this is not always or not necessarily the case, depending on the facts in your case and the applicable jurisdiction.

 

Ready to find out more about this important area of the law? Talk to our professionals today to receive a more detailed description of the law relating to wrongful deaths and how our professionals may be able to help you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

All Drunk Driving Is Not Created Equal

If you’ve ever been drunk, you know that each additional alcoholic drink has a different impact on your senses, inhibitions, and thoughts. For many adults, the effect of one glass of wine or beer is relatively mild, but the impact of a second, third, or fourth drink in relatively quick succession makes a relatively greater change in your status.

 

For people who drink and drive, the effects of increased inebriation aren’t just internal, but are often external, too. Damaged property and injured people are the permanent, tragic consequence of the decision to seek a temporary buzz.

 

Statisticians and researchers have concluded that the risk of an accident for someone with a blood alcohol concentration of 0.08, the legal limit for most states, is less than five percent. Just one more drink, however, doubles the likelihood of an accident to almost 7.5 percent. A couple of more drinks will not elevate risk level arithmetically, but exponentially. At the intoxicating level of 0.21 percent, the probability of an accident quadruples to more than 30 percent.

 

At an intuitive level, most people who drink and drive know the exponential risk that they take when they sit down behind the wheel of a car. And yet, many make that choice anyway. If a drunk driver has injured you, don’t let claims of ignorance deter you in your search for justice. It’s important to hold drivers accountable for their risky behavior. To find out how the law can bring you justice talk to the professionals at Fears | Nachawati.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

18-Wheeler Accidents: Know the Causes, Understand the Effects

If you or a loved one has been involved in an accident with an 18-wheeler, you know how much damage an 80,000-pound vehicle travelling at highway speeds can cause. These accidents tend to cause death and disability, considerable property damage, high health care costs, significant lost wages, and severe emotional trauma. Who is responsible for the accident you and your family experienced?

 

To answer this question, it’s important to find a law firm that can understands the causes and effects of 18-wheeler accident. Unfortunately, the leading cause of most highway accidents and fatalities is driver error. In the cab of a big rig, driver error can include driving too many hours in a day, hauling too many goods, using distracting products like cell phones, and truck-related issues, like failing to appropriately maintain or observe the performance of a tractor trailer.

 

Of course, drivers are sometimes responsible for a wreck with an 18-wheeler. In many cases, however, the passenger driver is the victim of the accident, not its cause. The simple, terrifying reality for unsuspecting drivers in many cases is that if a truck driver acts carelessly – such as texting while driving, drinking while driving, or failing to take precautions in light of road conditions – there a driver can’t do much to avoid harm.

 

Want to know what the next steps look like if you want to file a lawsuit against the 18-wheeler driver or company who may have caused your accident? Contact the professionals at the law firm of Fears | Nachawati today.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

The Risks and Hazards of Cycling

For exercise, recreation, and transportation, an increasing number of Americans are adopting an old school method of transportation to solve their newfound transit and health concerns: riding a bike. Today, worldwide bicycle ownership exceeds 1 billion.

 

One problem with riding a bicycle is that cyclists must share the road with drivers – even when drivers aren’t particularly interested in sharing the road with cyclists. Another issue is that bicycle frames, tires, and wheels commonly have defects, causing serious, sometimes catastrophic crashes.

 

Tragically, the combination of traffic accidents and product defects causes hundreds of thousands of injuries and hundreds of deaths every year. The National Highway Traffic Safety Administration (NHTSA) estimates that almost 1,000 people die every year in bicycle accidents and the Center for Disease Control and Prevention (CDC) reports that hospital emergency rooms treat 500,000 people annually.

 

Victims should recognize not only that accidents happen frequently but that they can be the basis of important, life-changing litigation. In the case of automobile-bicycle accidents, victims’ lawsuits can provide meaningful restitution for injured cyclists. In the event of product defects, they can hold careless manufacturers accountable and send a message to other bike product designers that carelessness will not be tolerated.

 

The dedicated and experienced attorneys at the Dallas law firm of Fears | Nachawati know how to fight for you and your family and secure the legal benefits that victims like you deserve. To find out how we can help you in the aftermath of your bicycle accident, talk to our professionals today.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

What Does Texas Law Require of Motorcycle Drivers?

In many cases, who is responsible for causing a motorcycle accident is a contentious issue. Often the motorcyclist will blame the driver; and the driver will blame the motorcyclist. In this classic he-said-she-said fight, how do lawyers, judges, juries, and insurance companies allocate liability?

 

For many litigants, other instances of responsible or irresponsible action can help tip the balance in favor of one party or the other. In particular, if a motorcyclist fails to adhere to state law, these breaches of a legal duty may influence the way a court or jury determines responsibility. So, what are some of the legal duties imposed on motorcyclists?

 

In Texas, motorcyclists under the age of 21 are required to wear a helmet. They are required to use a headlight for motorcycles built after 1975. Their motorcycle may not be retrofitted in a dangerous way, such as raising the handlebar height more than 15 inches above the seat. And they must purchase a minimum level of insurance.

 

While a failure to adhere to these laws – as well as other demonstrably safe practice – will not necessary result in a particular outcome, they are often influential. Are these laws applicable in your motorcycle injury lawsuit? To find out, contact the attorneys and dedicated professionals at the Dallas law firm of Fears | Nachawati.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

The Five Important Minutes after Your Accident

In the first five minutes after your accident, it’s important to achieve several important objectives so that you can protect your rights and secure your legal interests.

 

First, help anyone who is injured and assess the situation. After you determine that everyone is safe, you should carefully review the extent of damage to your car and to any other vehicles involved in the collision. One unfortunate tactic that some liable drivers may attempt is to claim that the damage they caused your car preexisted the accident or occurred after your accident. Taking time-stamped photos of your vehicle is essential to defeating this underhanded tactic.

 

Second, call the police and ensure that the officer files a full police report. You may think of the police officer as the enforcer of the law, but in an accident, he or she often plays an even more important role: neutral arbiter. As an independent third-party, the officer who responds to your accident can attest to what actually happened. And in the event of later litigation, he can be an excellent factual witness.

 

Finally, if you experience personal injury or property damage, you may want to speak to your insurance provider as well as a dedicated, experienced attorney from the Dallas law firm of Fears | Nachawati. We can help you immediately begin to assess your claims and determine your next course of action. With years of experience, we’re ready to help you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Distracted Driving Twice as Fatal as Drunk Driving

In 1980, more Americans were killed by drunk drivers than by distracted driving. In the almost thirty-five years since, the number of Americans killed by alcohol has steadily declined, both as an absolute figure and, in particular, relative to other causes. In intervening period, the number of deaths related to distracted driving has steadily climbed. Today, more than sixty percent of highway fatalities relate to non-alcohol factors; roughly 30 percent are caused by alcohol.

 

This data represent two sides of the same coin. On one side, more explicit public education in schools and drivers education programs, effective issue advocacy by groups like Mothers Against Drunk Driving (MADD), stricter state laws, and alcohol producers which encourage people to drink responsibly have decreased the frequency of drunk driving.

 

On the other side, drivers face considerably more distractions today than in 1980. Satellite radio and its multitudinous options has replaced the 8-track player. More importantly, cell phones have emerged as pocket-sized computer, complete with the capacity to text message, watch videos, and check email. Finally, the expansion of fast-food chains has resulted in more drivers eating and drinking behind the wheel.

 

Legal Commentary – Majed Nachawati – Author

Distracted driving is now a major public safety and legal concern. Choosing to drive distracted is similar to the decision to drive drunk: the irresponsible driver pushes the risks associated with his or her decisions on to other, unsuspecting and defenseless drivers and passengers. It’s not right or fair. In many situations, these decisions not only cause accidents, they also give rise to legal actions.

 

Have you been the victim of a car accident caused by distracted driving? If the answer is yes, it may be time to speak with the experienced attorneys and dedicated professionals at Fears | Nachawati. Put our expertise to work for you by contacting us today.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Excessive or Unsecured Loads May Spell Disaster for Trucks

The Federal Motor Carriers Safety Administration (FMCSA) has promulgated prescriptive regulations detailing how much a commercial motor vehicle, such as an 18-wheeler, can carry or how that cargo can be loaded. Unfortunately, some truckers and trucking companies don’t always follow these rules – with tragic consequences.

 

Weighing as much as 80,000 pounds fully loaded, commercial motor vehicles can take more than 50 yards to reach a complete stop when travelling at highway speeds. Moreover, if loaded improperly, these trucks are more likely to tip over or jackknife, causing all kinds of collateral damage and ancillary injury.

 

Why would trucking companies and truckers skimp on safety measures? In a word, money. By overloading a trailer or rapidly loading contents, truckers can spend less time in a yard, more time on the highway, and carry more products to market. As a result, travel times and operating costs are reduced and profits are increased.

 

Safety is the price to pay. And, sadly, more often than not, the person who pays the price for these slipshod practices is not the trucking company, but an unsuspecting driver who suffers property damage and personal loss when an out-of-control truck strikes their automobile.

 

Legal Commentary – Majed Nachawati – Author

Obviously, these practices are improper and their results are unfair. However, the disconcerting fact of the matter is that many passenger drivers don’t realize that the 18-wheeler trucker who hit their car may have made the decision to drive carelessly long before he ever put the key in the ignition.

 

Want to find out whether the 18-wheeler that struck your car was operating in violation of FMCSA rules and regulations? Finding out the right answer may give you a decisive upper hand in your claims against the trucking company. To get started learning what you need to know, talk to the dedicated attorneys and professionals at Fears | Nachawati.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Members of Congress Voice Support for Motorcyclists

A bipartisan group of members of Congress recently voiced their support for motorcyclists by encouraging riders across the country to participate in the annual Ride to Work Day. For years, the Ride to Work Day has been an opportunity for riders nationwide to demonstrate that motorcycle owners come from all walks of life.

 

Why is this important? Like many minorities, motorcycle riders face stereotyping and profiling. Many drivers view them as irresponsible, careless, selfish and dangerous. For most people, these biases aren’t necessarily based in anything tangible, but they often have very tangible effects.

 

Statisticians conclude that two-thirds of fatal motorcycle accidents are the fault of the passenger car driver, not the motorcyclist. In courts of law, however, juries don’t reach the same findings of fact. What explains the difference? Many scholars and observers believe that a subtle prejudice influences juries as they allocate responsibility for an accident. Riders pay the price in lost court cases and reduced damage awards.

 

Legal Commentary – Majed Nachawati – Author

How should you push back against this bias in our court system? The best cure is persuasive, dedicated legal counsel. Whether presenting facts and law in a courtroom or a mediation session, the attorneys at the Dallas law firm of Fears | Nachawati understand how to provide the decision-maker in your case with the facts and law necessary to arrive at a fair, impartial and appropriate decision.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Tire Blowout, Legal Blowup?

Tire blowouts are many things: scary, unpredictable, and sudden. They often cause damage to your car and others. For thousands of Americans every year, tire blowouts kill.

 

A burst tire with a rapid loss of air pressure, commonly known as a blowout, is often the result of competing causes. Too much or too little air pressure in the tire can cause the tire to wear unevenly, creating a weak spot in the tire that leads to what engineers often call catastrophic failure. Additional stressors include excessive weight on the tire, an object striking the tire at highway speeds, or a small puncture in the tire that allows the tire to “bleed” air until friction causes a secondary failure.

 

Obviously, many of these causes are related to a driver’s own responsibility for carefully maintaining his vehicle and driving safely. However, it’s important to realize that other contributing factors may also cause tire blowouts, such as improper and unsafe procedures by the mechanic that installed your tire or imprudent design and marketing by the tire manufacturer.

 

The competing reasons for a tire blowout and resulting injuries can be the basis for intense litigation. In a number of cases, a tire blowout causes a legal blowup, where a driver is left wondering whether they can successfully find a remedy for their injuries. To handle this kind of blowup, you need a dedicated and experienced attorney who is prepared to guide your claims and fight for your legal interests. Fortunately, the attorneys at Fears | Nachawati are prepared to do just that. Call us today for your free consultation.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Risks Factors for 18-Wheelers

As an experienced driver, you know some of the risks you face. Distracted driving, such as talking on the cell phone or changing the radio station, alcohol impairment, inclement weather, and poor visibility are some of the leading causes for passenger car accidents.

 

For 18-wheelers, these risk factors are present, of course, but so are several additional concerns. Commercial motor vehicles are particularly susceptible to blind spots, sudden maneuvers, equipment malfunctions, and loose cargo.

 

18-wheelers have considerably larger blind spots. From the driver’s seat, the area immediately behind the trailer is functionally impossible to see. Similarly, a brake failure, jerked steering wheel, or unexpected weight redistribution can have dramatic effects on the stability of the vehicle. The results can be catastrophic for not only the 18-wheeler, but also for any passenger cars that happen to be in the wrong place at the wrong time.

 

Legal Commentary – Majed Nachawati – Author

If you’ve been involved in an 18-wheeler accident, you owe it to yourself and your family to speak to the dedicated legal professionals at Fears | Nachawati. With years of experience handling precisely this kind of litigation, we know how to defend your legal interests and effectively pursue your legal claims. Contact our team today.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Lex Loci Delecti & You

Today, roughly 85 percent of Texans live in the I-35/I-45 corridors. However, that’s not necessary where your wreck will occur. In the event that someone else causes an automobile accident that damages your car or injures you or one of your passengers, where can you file suit?

 

In Texas, the old rule is still the first rule: lex loci delecti. In English, this Latin phrase means “the law of the location of the injury,” and it refers to a simple concept: file the lawsuit in the county in which the injury occurred. Someone sideswiped you while you were travelling through Odessa on I-20? Then it may be time for your attorney to hope a flight heading for the Ector County courthouse.

 

Importantly, however, Texas lawmakers and jurists have recognized the limitations of the old rule. For instance, what happens if you and another Dallasite just happen to bump fenders while passing through Midland? Although Southwest Airlines might love it, the law wouldn’t make sense if it asked both of you to travel to west Texas for a lawsuit. Rather, it would make more sense for you to file in Dallas County.

 

Lastly, the hard reality is that in Texas many accidents – and a disproportionate number of violent, life-altering accidents – are caused by commercial vehicles, such as 18-wheelers. You should be aware that venue may be appropriate against the owner of that business vehicle in the county in which the business’s principle office is located.

 

Legal Commentary – Majed Nachawati – Author

Automobile accidents that occur outside of your hometown can be more difficult to resolve because of your distance from the site of the accident – and, potentially, the site of any future litigation. However, there may be ways to ease the burden of the old, sometimes onerous rule of lex loci delecti. The important thing is to know how. Fortunately, the team of attorneys at Fears | Nachawati are ready to help you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Is a Truck's Disclaimer Effective?

If you’ve driven on a Texas interstate recently, you may have noticed that many 18-wheeler trailers have a warning posted on their rear door. Most often, it references the truck’s tendency to make sharp, blind right turns. A meaningful minority of posted announcements disclaim responsibility for rocks or debris that falls from the truck and damages the windshield of a driver following behind.

 

What is the purpose of these warnings? You might think that, as the name suggests, these warnings are intended to warn the driving public about the unusual risks they may face. Certainly, that’s a part of their purpose.

 

It’s not the whole story, however. These warnings may also be a legal maneuver intended to transfer responsibility of an accident from the truck driver to you. Although you’re far from a courtroom when you’re travelling at 70 miles per hour on a two-lane road, the courtroom may be exactly what the trucking company is pondering. If necessary, they think, in the event of an accident our attorneys can point to a photograph of the sign and then turn to the jury and explain that the passenger car driver should have acted differently.

 

Legal Commentary – Majed Nachawati – Author

If you’re not prepared, this legal gambit may work in your case. Don’t let this happen to you. The attorneys at the Dallas law firm of Fears | Nachawati know what it takes to defend you and protect your legal interests. In many situations, it’s important to know how to sidestep pre-planned legal defenses, such as posting warnings. With years of experience, we know how to fight back for you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

The Fall Will Probably Kill You

In a classic moment from the acclaimed movie, Butch Cassidy and the Sundance Kid, the title characters find themselves literally trapped between a rock and a hard place. Crouched behind a large rock, they face two options: surrendering to approaching lawmen or leaping from safety, hoping to land in a fast-flowing stream below. Sundance wants to face the lawmen, ultimately admitting that he’s afraid of the escape because he can’t swim. Butch’s response is a cinema classic: “Are you crazy? The fall will probably kill you.” And with that, they jump.

 

Sundance was worried about the wrong thing: he assumed away the greater risk, focusing instead on the lesser one. Across Texas, motorcyclists do the same thing every day. The only difference is that for them, the fall might actually kill them.

 

Prospective riders wonder if they’ll ever really get the hang of riding. Long-time owners worry about whether they’ve purchased the right ride. Older owners wonder if they’re cool enough to pull it off. Younger riders wish they had a nice bike. And in each case, most are unprepared for what would happen if they were in a motorcycle accident.

 

The Center for Disease Control (CDC) recently published troubling statistics. In the first decade of the 21st Century, while motor vehicle crash-related deaths reached an all-time low, motorcycle deaths reached an all-time high, more than doubling between 1999 and 2008. In that period, more than 30,000 riders died and well-over 1,000,000 were treated in the emergency room of a hospital.

 

Riders need to get their head right. For that matter, their families should, too. Riding a motorcycle puts you at real risk of experiencing painful, costly, and life-altering health outcomes, including death. Part of what it means to be a responsible rider is knowing what should happen in the event of an accident that’s not your fault.

 

The attorneys at the Dallas law firm of Fears | Nachawati specialize in this important area of the law. Whether you need to talk to our attorneys about a personal injury lawsuit or a wrongful death case, we’re ready to guide you through those difficult conversations. After years of committed practice, we’re ready to give you the help you need.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Distracted at Every Speed

Driving distracted occurs at every speed. Whether a driver texts while stopped at a stop sign, answers his phone while pulling out of a parking space, changes the radio as he changes lanes, or looks at a map while zipping along the interstate, distracted driving occurs regardless of speed or risk level.

 

The results of driving distracted are tragic, costly, injurious, and potentially fatal. Research from the National Highway Traffic Safety Administration (NHTSA) reveals that drivers who use hand-held devices are four-times more likely to injure themselves or others in an automobile accident. Moreover, texting while driving increases a driver’s crash risk by an amazing 23 times.

 

Accidents are more likely, more likely to be severe, and harder to avoid as a result of distracted driving. And yet, distracted driving is becoming more likely with every passing day – and every additional cell phone sold. Intuitively or thanks to the public relations campaigns of safety proponents, most drivers know to drive distracted is to drive dangerously. Nevertheless, it’s still happening.

 

This isn’t right. If you’ve been in an automobile accident with a distracted driver, you owe it to yourself and your family to find out whether their decisions impacted your legal rights. You may have a right to recovery. Find out today by talking to the professionals at Fears | Nachawati.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Your Accident, Our Problem

In your professional life, you solve problems. Whether you’re a civil servant dealing with public policy issues, a businesswoman managing personnel, inventory, and customers, or a salesperson greeting clients as they come through the door, you are paid to find solutions. For that matter, the same is true for your personal life, too.

 

As attorneys who specialize in automobile accidents, our job is to find solutions to the legal problems associated with your automobile accident. Whether you’re frustrated with an insurance company, the driver responsible for your accident, medical costs, emotional and psychological issues, or time away from work, we’re prepared to help you understand how your legal rights may entitle you to financial remuneration.

 

There are a variety of ways to solve your legal concerns. Sometimes, it’s good to play hardball. Depending on the legal problem, the litigants, and their legal representatives, you may need to prepare for litigation on Day 1. On the other hand, in many situations, playing the part of the amenable adversary, including willingly joining in mediation and alternative dispute resolution procedures, may ultimately provide the best outcome.

 

How do you know which is the best legal strategy to employ? As with much of life, there’s no substitute for experience. Fortunately for you, the attorneys at the Dallas law firm of Fears | Nachawati have the experience you need to understand the best way going forward. Talk to our professionals today to learn what you need to know about your case.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Your Traffic Accident: Human Error or External Factors?

If you’ve been a traffic accident, you may have to confront a difficult factual question: was my accident caused by human error or external factors.

 

Road design and maintenance are contributing factors in many accidents. However, they’re almost never the determining cause, despite what a driver might claim. It’s important to keep these kind of external factors in proper perspective as you move forward with your insurance company and with any potential litigation.

 

Human error, by contrast, can take several different expressions. Less often, human error will cause a system failure. Poorly designed or maintained brakes or tires, for instance, cause thousands of accidents every year.

 

More often, human error takes expression as a driving error. Speeding, driving without paying attention, driving under the influence of alcohol or drugs, and failing to use caution all result in thousands of deaths and injuries.

 

Want to know more about the causes of your accident and the resulting legal effects? The attorneys at Fears | Nachawati can give you the advice you need in order to take the appropriate action. With years of experience and expertise, we’re prepared to help you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Driving under the Influence of Drugs

In recent years, the phrase “DUI” has become widely known in American society. An acronym for a criminal offense in state law, DUIs have become synonymous with drunk driving. The reason is understandable enough: local law enforcement makes roughly 1.5 million arrests every year for alcohol-related DUIs.

 

Importantly, however, DUIs extend beyond alcohol use and abuse. Annually, officers arrest thousands of drivers for drug-related DUIs. In fact, more than 10 million Americans admit to driving under the influence of prescription, over-the-counter, and illegal drugs each year.

 

Drugged driving imposes precisely the same kind of dangers as drunk driving. Driver attentiveness and awareness, response time, risk recognition, and speed regulation all deteriorate when depressants, stimulants, and hallucinogens are present. Moreover, just like alcohol, as the amount of a drug increases, driving quality decreases even more sharply.

 

Did drugged driving contribute to the cause of your recent automobile accident? Do you suspect drug-use may have been a cause? For the sake of your legal rights, health care, and financial future, exploring whether the other driver’s drug use impacted your accident may be a critical question. Fortunately, the attorneys at the Dallas law firm of Fears | Nachawati know how to ask the right questions – and protect your rights.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Tire Marks: The Informative Screech

If you’ve been in an accident, chances are good that moments before impact, you heard a loud, crying screech. It’s a sound that precedes most accidents, as an out-of-control driver tries the last, best option to avoid a wreck: slamming on the brakes. The screeching sound occurs when the brakes lock, the tires stop rotating, and the force of the car simply drags the rubber along the road, leaving telltale marks and a wailing noise.

 

The loud screech isn’t just scary. It’s also informative. Accident reconstruction experts routinely consult the characteristics of tire marks, such as the length, color, and direction, in order to pinpoint the direction and speed of the car. Experts can also learn a lot about the driver, including his or her reaction time and just how early – or late – the driver started trying to stop the car.

 

Tire marks vary and typically include marks known as scuffs, scrubs, and yaw marks. The most common tire mark, however, is the skid mark. In many accidents, skid marks are the ultimate tell. A driver can’t fake them. The evidence is readily available. And, most important, the evidence is comparable. By running comparative tests, an accident investigator can determine important factors associated with accident liability.

 

Should you consult an accident expert and skid mark or tire mark data in the wake of your accident? In many situations, the answer is yes. The causes of car collisions can frequently become the basis for legal conflicts. The conflict may be between you and another driver. It could also be between you and an insurance carrier. In some cases, the conflict may even be between you and your passenger.

 

Whatever the nature of the conflict, it’s often important to receive clear-headed legal advice and a passionate defense of your legal interests. With years of experience in this important area of tort law, the attorneys at Fears | Nachawati know how to fight for you. If you have questions, contact us so that we can start to work advising you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Driving Distracted, Driving Dangerous

If you’ve been involved in a recent car accident, it may be appropriate to find out whether the person who caused your accident was driving distracted. The chances are better than you might think. Every year, almost 20 percent of automobile accidents in the United States are the result of distracted driving.

 

Distractions come in many forms, but the U.S. Department of Transportation has separated them into three principal groups: manual, visual, and cognitive. Manual distractions include activities such as typing a text message, eating food, or reaching for a phone.

 

Visual distractions typically relate to decisions that cause a driver to look away from the road. Reading text messages, looking at fellow passengers, or reviewing a map or navigation device are examples of visual distractions.

 

Cognitive distractions are harder to prove as a definitive cause, but they’re no less dangerous. Thinking about a loved one, listening closely to a particular moving song, or talking to a passenger may all qualify as distracted driving.

 

The legal consequences of distracted driving typically exist on a continuum. On one extreme, inadvertent or unexpected distractions generally do not give rise to negligence claims. On the other extreme, drivers who intentionally or knowingly decide to drive in a distracted state may have engaged in negligent behavior which considerably alters the likelihood of a success legal action against them or their insurer.

 

Suspect that the driver who caused your accident was driving distracted? The attorneys and professionals at Fears | Nachawati know how to answer this question and can advise you as to whether taking action is in your interests. Contact us for your free consultation.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Drunk Driving a Problem among Texas Youth

Driving under the influence is dangerous for drivers at any age or any speed. However, the risks are particularly high for inexperienced, younger drivers. Incredibly, younger drivers are precisely the people most likely to get behind the wheel drunk.

 

Far and away, Texas is the leading state for under age drinking fatalities. According to the Century Council, California, Florida, and New York have annual under-21 driving fatalities of 94, 69, and 52, respectively. Texas, by comparison, leads the field in this infamous category with an incredible 179 underage driving fatalities per year.

 

It’s not hard to see some of the reasons why Texas would have so many underage driving deaths. With 1.5 million students currently enrolled in Texas higher education and 42 percent of full-time college students admitting to binge drinking, the statistical reality is that hundreds of thousands of young drivers are zooming around Texas highways under the influence on any given weekend.

 

To make matters worse, these people aren’t just a little tipsy. They’re slammed. And one last statistic to consider: 41 percent of drunk driving fatalities occurred as the result of drivers who had a blood alcohol content (BAC) of more than .19 percent. Sadly, the bottom line is that inexperience, extreme levels of alcohol, and Texas highways are the dangerous – and potentially fatal – recipe for all drivers in Texas.

 

Did alcohol cause your family’s drunk driving accident? If you’re thinking about a lawsuit or if you’re facing a civil cause of action, it may be time to talk to the dedicated professionals and committed attorneys at Fears | Nachawati. With years of experience, we know how to protect your legal interests and fight for you under the law.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. 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:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Do Motorcycle Riders Assume the Risk of Injury?

The risks of riding a motorcycle are no secret. Even riders and drivers who don’t know the statistics intuitively realize that riding a motorcycle is considerably more dangerous than riding in an automobile. The question for many accident victims is whether the known risks of riding a motorcycle influence a car driver’s liability.