What is proximate cause?

Proximate cause is the legal term for the primary cause of a personal injury. You may also hear it referred to as the “legal cause” or the “cause at law.”

 

The proximate cause of an injury isn’t necessarily the first event in the chain of events that led to a person’s injury. Also, it isn’t always the event that occurred closest in time to the injury. Rather, proximate cause is the act from which the injury resulted as a natural and direct consequence, and it is the event without which the injury would not have occurred.

 

A simple way to think of proximate cause is as being the “but for” event – “but for” this negligent act on the part of the defendant, the victim would not have been injured. Proving that the defendant’s act was the proximate cause of your injuries is a basic component of winning your personal injury lawsuit.

 

Fears | Nachawati represents accident victims in Texas personal injury lawsuits. Our Texas personal injury lawyers provide free legal assistance to accident victims with a one-on-one consultation. You can reach us by email at info@fnlawfirm.com or by phone at toll free 1.866.705.7584.

 

What happens during a personal injury lawsuit?

Your Texas personal injury lawsuit begins with an initial consultation with your lawyer. Most personal injury lawyers, such as our team here at Fears | Nachawati, will provide you with free legal advice during this first meeting.

 

The first meeting is a time for your lawyer to get know the facts of your case. You will tell your lawyer about the accident and show them any documents, such as police reports, that you have.

 

If your Texas personal injury lawyer decides that you have a good case, the next step is to contact the legal representative of the person or entity responsible for the accident.

 

In many instances, your case will be settled out of court with no need for a trial. If a settlement cannot be reached, however, your personal injury lawyer will move forward with preparations for trial in accordance with Texas law.

 

If your personal injury lawsuit goes to trial, there will be a deposition, which is a time for the defendant’s attorney to ask you questions about the accident. Your personal injury lawyer will thoroughly prepare you for the deposition by telling you what questions to expect and going over your answers with you. Your attorney will depose the defendant as well.

 

The good news for you as the accident victim is that your Texas personal injury lawsuit will generally require very little participation on your part. Your attorney handles all of the paperwork as well as the communications with the party against whom you are bringing the suit.

 

If you have been injured in an accident, contact us today for free legal assistance. At Fears | Nachawati, we provide accident victims with a no charge initial consultation during which we will determine whether you have a case and will explain how the personal injury lawsuit process works. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

90-minute police chase ends in car accident, Dallas County constable admits mistakes were made

A controversial high-speed car chase that took place Monday ended in a car accident that left the suspect in critical condition. The chase lasted 90 minutes, with Dallas County Precinct 2 deputy constables and other law enforcement officers pursuing the suspect through four different cities.

The chase came to a stop only when a truck with a green light proceeded through an intersection and t-boned the suspect’s vehicle. The accident took place near the border between Richardson and Garland.

The man who led the chase was 29-year-old Shane W. Michel, who is accused of forgery. Michel was driving wildly out of control, clipping highway signs and successfully avoided the stop sticks thrown into the road by law enforcement.

Michel was critically injured and spent several days in a hospital before he was transferred to the county jail. The driver of the truck was not injured.

The controversy swirling around the chase is centered on why the chase lasted as long as it did. Lack of communication amongst the various law enforcement agencies pursuing the suspect is being considered one of the top factors that contributed to the length of the chase.

The officers in the Department of Public Safety (DPS) helicopter could hear the frequency but were unable to respond. Telephone was the only means of communication between the two agencies.

Miscommunication was another factor. The Precinct #2 constables mistook an announcement over the radio stating “DPS is in it now” for “DPS is in the lead now.”

These factors combined led to the decision to reenter the chase.

Michael Gothard, the Dallas Constable, has admitted that mistakes were made. He does, however, defend the decision not to back off from the chase. Gothard states that criminals leading police on chases typically do not know that the chase has been called off and continue to run. “Our feeling is, in this situation, if we'd have backed off, that accident would still happen,” Gothard said.

For more on this story, click here for the complete article.

Fears | Nachawati is a Texas law firm that represents victims of car accidents in pursuing personal injury lawsuits. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

One killed, four injured in head-on collision on Texas State Highway

A head-on collision on State Highway 6 killed one person and injured four. The accident was caused by a driver crossing over the median and heading into oncoming traffic in the southbound lane.

 

The driver was 19-year-old Matias Perez whose Mustang struck a Honda civic which was carrying three people. The driver of the Civic, 53-year-old Rolando Alvarez, died at the scene.

 

His 14-year-old sister and his 3-year-old daughter were both injured and transported to area hospitals. Perez was also injured in the car accident, and was flown to a Houston, Texas, hospital.

A fourth car was also struck, and the driver suffered minor injuries.

 

The accident remains under investigation. The reason for Perez crossing the center of the highway remains unknown.

 

For the complete article, click here.

 

If you or someone you love has been injured in a car accident, contact Fears| Nachawati today for free legal advice about a potential personal injury claim. You can reach us by email at info@fnlawfirm.com or by toll free phone at 1.866.705.7584.