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

If you’ve travelled in Texas, you probably know that the stretch of Interstate 35 between Dallas and San Antonio is one of the most crowded, dangerous roads in the United States. Just last week, an 18-wheeler driving through Waco and pulling an oversized load slammed on his brakes in the middle of the highway, causing a ten-car pile-up that injured two and causes hundreds of thousands of dollars in property damage.

On the surface, the wreck appears to be the result of an 18-wheeler driver paying attention to his surroundings: he came to a sudden stop because he realized that he wouldn’t be able to fit his oversized load underneath an overpass. The reality, however, as an investigation by the Department of Public Safety has revealed, is that the accident would have never happened had the driver continued on his specified route on Loop 340.

Legal Commentary – Majed Nachawati – Author

Careless 18-wheeler drivers cause thousands of accidents across Texas every year. As last week’s Waco accident reveals, a cursory glance at an accident doesn’t necessary reveal which driver is legally liability for the accident. If you’ve been involved in an accident with an 18-wheeler, you need legal counsel who understands how to reconstruct an accident, how to effectively depose the truck driver and the managers who instructed him, and how to apply the state law governing commercial truckers to your accident.

In other words, you need the expert advice of the professionals at Fears | Nachawati. For your free consultation, call us at 1.866.705.7584 or email mn@fnlawfirm.com.

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

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Texas is among a limited number of states that allows for punitive damages in wrongful death cases. Punitive damages are essentially a means of punishing the defendant. In order to collect punitive damages in a Texas wrongful death case, the defendant’s behavior must have been either intentional, malicious or reckless.

Punitive damages are sometimes also referred to as exemplary damages. This is because punitive damages can serve as a way to warn others against engaging in reckless acts.

Factors that go into determining how much the plaintiff will receive in punitive damages include the defendant’s personal wealth, the nature of the defendant’s conduct and any statutory limits that have been placed on the amount of punitive damages that can be awarded. Punitive damages are awarded at the discretion of the jury.

Punitive damages are different from compensatory damages. Compensatory damages compensate the victim’s family for the specific losses they have suffered due to the victim’s death. These can include loss of companionship and loss of income.

Texas law outlines the specific circumstances under which punitive damages can be awarded. The two elements that must be present were laid out by the Texas Supreme Court in 1998. They are:

·         The defendant undertook actions which involved an extreme degree of risk in terms of the likelihood and extent of a serious injury that could be inflicted on another person.

·         The defendant must have had an actual, subjective awareness of the risk involved with their actions but knowingly proceeded with the actions anyway.

Fears | Nachawati represents individuals in bringing wrongful death lawsuits in Texas. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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Public safety officials say a 2-year-old girl survived a fatal car crash on the night of May 9th because she was sitting in a properly installed car seat.  The two-vehicle crash on Route 125 killed the young girl’s father, 28-year-old James Dixon of Lee.  The accident also claimed the life of 51-year-old Lynn Jordan of Northwood, the driver of the second vehicle involved in the crash. Dixon’s daughter was properly secured in her child safety seat and survived the accident without injury.

According to research conducted by the National Transportation Safety Board, 90% of child car seats are improperly installed. "It's normal not to have [the car seat] in right," says Dover Deputy Fire & Rescue Chief Eric Hagman.

Children are far more vulnerable to suffering injuries in a car accident than adults. The parents of an injured child often want to know more about how they can seek compensation for their child’s suffering. Contact us today at Fears | Nachawati to learn more about personal injury claims for car accidents. 1.866.705-7584 or by email at info@fnlawfirm.com.

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A 49-year-old woman has died from the flu, and hospitals are reporting a huge increase in the number of flu cases

Dallas County health officials said the woman was sick with the flu and a bacterial infection called MRSA.

Health department officials did not have any reported flu-related deaths last year. But Dr. John Carlo, of the department's medical director, said keeping flu statistics is difficult because hospitals and other facilities do not have to report their cases.

"Unfortunately, the flu is not really reportable, so we don't get all flu infections, especially the ones in adults that ultimately cause death." he said.

Carlo said close to 36,000 Americans die every year from the flu.

Cook Children's Hospital said it has seen 547 cases of the flu, the majority of which were reported in the last two weeks.

Dr. Jason Terk said there are two types of influenza, both of which hit at the same time this year. Type A usually comes in early January, with Type B arriving in late February.

"Often times we have a break between influenza A and influenza B season," Terk said. "We're getting hit pretty hard."

Symptoms of the flu are coughing, sneezing, runny nose, headaches and body aches. Terk said the virus can spread easily if people are not careful.

"It's all about keeping your hands clean and good hygeine," he said.

But doctors say prevention is of the upmost importance and stress the importance of vaccinating children.

"Every year we have otherwise healthy children who have no risk factors die from the flu," Terk said. "It's terribly important to get the vaccine."

Terk said it is not too late to get vaccinated. The flu season does not end until late March or early April. Terk also said people will not get sick from the vaccine, a common myth.

The loss of a loved one can be devistating to a family. You need a Law Firm that is experienced in Wrongful Death Cases and has the resources to fight for you.  The Attorneys at the Law Firm of Fears & Nachawati are standing by to assist you.  Contact us at 214 890 0711 for a free consultation and case analysis.

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