Archive for the ‘Auto Accidents’ Category

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Dallas Product Liability Attorney On What You Can Expect In Defective Product Litigation?

April 26, 2010

Most of us use manufactured products every day to improve our physical health, mental health and to make life a little easier. We rely on these products to help us in the way that they are supposed to. Products are tested for safety before being placed on the market. However, sometimes products that reach the open market and consumers are not safe for use. When this happens, people may be injured. Injuries may be caused by products that were defective when manufactured, or they may be inherently unsafe for use. Manufactures have a legal duty to test their products and ensure their safety before they are marketed and made available to the public. If a product has risks, the manufactured also has a duty to warn the general public of any dangerous associated with use. If companies do not adequately test their products or do not produce them correctly, injuries may occur when consumers use them. If this is the case, the victim (or victim’s family) may have a claim for injuries and litigation may be appropriate.

Responsible Parties:

There are different types of products on the market and factual situations that may determine the party liable for injuries from defective products. If the product is medical in nature, the liable party may be the manufacturer, the physician who prescribed the medication or medical product or the pharmacist who administered the drug or medical device. For other types of goods, such as machinery, tools, toys and electronics, the product manufacturer may be responsible for the product defect. The product (or market good) may have been defective in design or in manufacturing. The company liable depends on at what point in the product’s creation the defective condition occurred. The company that designed the product may be different from the company that manufactured it.

Additionally, product manufacturers are mandated to test all products for safety and they must meet government safety requirements before a product may enter the flow of commerce. If testing reveals that a product has the potential for harmful side effects or injuries, the manufacturer has a legal duty to warn consumers of these risks.

Possible Legal Claims:

If a person has been injured as a result of using a defective product, he or she may have remedies at law. The causes of action available to an injured party may differ depending on the product, the severity/or type of injury and other specific facts of the case. Defective product cases will generally involve legal claims of personal injury or product liability. In some cases, there may also be a claim for wrongful death. In a personal injury case, the plaintiff (injured party) must prove to the court that the manufacturer had a legal duty to the consumer, that duty was breached, the breach of duty was the direct (proximate) cause of the victim’s injury and that the injury occurred.

In contrast, if the cause of action is for product liability, the plaintiff must prove that the product was either defective in design, defective when manufactured or that the product’s manufacturer know of harmful risks associated with the product and failed to warn potential consumers. In cases of wrongful death, the victim’s family must prove that their loved one’s death was cased by using the product. There may also be wrongful death cases where the company failed to warn consumers of dangers associated with using the product, or, in cases of medical drugs or devices, the doctor failed to warn the victim of potential risks. Other potential claims in defective product cases include fraud, negligence and/or breach of warranty. It is important to discuss your case with an attorney prior to defective product litigation.

If you or a love one has been seriously injured from a defective product, time is of the essence to preserve the evidence and you should contact an experienced product liability attorney that can help you seek justice in the most efficient manner possible. Please contact our office anytime for a free consultation or visit our website: www.TexasJusticeForAll.com.

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Garland and Mesquite Above National Average for Likelihood of Having an Auto Accident

July 24, 2009

According to the Star Community Newspaper, drivers in Mesquite, Garland, and much of the Dallas Fort Worth Metroplex are more likely to get into a car accident than the national average, according to a two year study compiled by a major insurance company.

Allstate compiled and analyzed the average vehicular crash rate and ranked the 200 largest cities in America according to the relative likelihood of being in a collision. Mesquite ranked No. 167, with drivers 36 percent more likely to be in a crash than the national average.

Twenty-one Texas cities were included in the 2009 Allstate America’s Best Drivers Report. Other Dallas-Fort Worth area cities are Fort Worth at No. 133, Plano at No. 162, Grand Prairie at No. 165, Carrollton at No. 166, Dallas at No. 173, Arlington at No. 177, Garland at No. 178 and Irving at No. 183.

Mesquite’s rank fell slightly on the Allstate list. In 2008, Plano ranked No. 150. Sioux Falls, S.D., took the top honor with drivers 26 percent less likely to be in a crash than the national average.

A common sense approach is that any time you put more cars on the same amount of roadway, you increase the probability of a crash.

Since 2005, Allstate ranked America’s 200 largest cities in terms of car collision frequency to identify which cities have the safest drivers. Every year, Allstate actuaries conduct an in-depth analysis of company claim data to determine the likelihood drivers in America’s 200 largest cities will experience a vehicle collision compared to the national average. Internal property damage reported claims were analyzed over a two-year period, from January 2006 to December 2007, to ensure findings would not be impacted by external influences, such as weather or road construction, according to the survey report.

Auto crashes in general have declined over the last few years, but crash fatalities still average about 40,000 every year despite technological advances according to the National Highway Traffic Safety Administration.

Allstate offers the following safe driving tips drivers should consider:

  • Minimize distractions – Engaging in any other activity while driving – talking on your cell phone, text messaging, changing a radio station, putting on makeup – is a distraction.
  • Be aware of road conditions – Ice, snow, fog, rain – all of these weather conditions require extra caution and slower speeds.
  • Leave a safe distance between your car and others around you – Maintain at least one car length space between your car and the vehicle in front of you for every 10 miles per hour of speed.
  • Steer clear of road rage – Reduce stress on the road by allowing plenty of time for travel, planning your route in advance, and altering your schedule or route to avoid congested roads. Remember not to challenge aggressive drivers and stay as far away from them as possible.
  • Maintenance matters – Ultimately, safety also depends on the maintenance of one’s car. Ensure that car brakes, exhaust system, tires, lights, battery, and hoses are in good working order.

Please be safe as you venture out on our local Dallas Fort Worth roadways.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Plano Bicyclist Struck By Direct TV Vehicle

July 7, 2009

According to WFAA in Dallas, a cyclist became pinned between a tree and a commercial van after the driver of the van hit a median and lost control while traveling southbound on Custer Road in Plano. This commercial van was the property of Direct TV.

Police said the van careened across both southbound lanes before jumping onto a sidewalk and pinning a cyclist to a tree. Luckily, rescuers were able to lift the van and pull the cyclist out. An ambulance transferred the cyclist to a nearby hospital with non life-threatening injuries.

I hope that this bicycle accident victim was not seriously injured. I wish this victim the very best for a complete and speedy recovery.

In such types of serious bicycle or pedestrian accident cases it is important for the victims to consult an experienced civil litigation attorney, who can carefully examine and analyze the facts and determine whether there was any negligence or wrongdoing involved. I trust the local police department officials are looking into the motorist’s actions and how or why he collided with the bicyclist. Who had the right-of-way there? Was the motorist driving recklessly or under the influence? Was he or she distracted at the time of the car accident? All these are questions that need to be answered.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Garland Attorney On High Speed Police Chase Results In Serious Garland Accident

July 7, 2009

According to the Dallas Morning News, a man whom Dallas County constables tried to pull over for speeding led them on a winding chase Monday that lasted about 90 minutes, as he sped up and down highways, skidded across medians, mowed over a stop sign and rammed through a train crossing. It culminated in a violent T-bone crash that played out on live television.

The suspect, a 29-year-old felon named Shane W. Michel, was taken to Baylor University Medical Center in critical condition. The driver of a pickup that collided with Michel’s gray Nissan walked away from the crash without serious injury – but unhappy that his safety was jeopardized.

However, Constable Michael Gothard defended the chase, saying that authorities learned during the pursuit about a felony warrant for Michel’s arrest.

The chase started about 1 p.m. in the Mesquite area near where interstates 30 and 635 intersect. A constable saw Michel speeding. Authorities say Michel got onto I-635 and drove north around Dallas to Interstate 35E, where he headed south. His path from there was full of skids and U-turns that took him in and around Dallas, until finally about 2:30 p.m. he was northbound on Plano Road into Garland and Richardson. As Michel approached the intersection of Plano and Buckingham roads, his Nissan passed a group of cars at a red light and tried to squeeze through. But a pickup slammed into his left side, crumpling his car and hurtling it across the pavement.

 Other motorists found their tires slashed by stop sticks meant for Michel. It was not clear to which agency the stop sticks belonged. Garland police and Dallas County sheriff’s deputies both assisted with the chase.

 Michel’s criminal history includes arrests for drugs, burglary and resisting arrest. In 2006, Mesquite police arrested him on a charge of evading arrest, for which he later pleaded guilty. The active warrant that constables learned about during the chase was for a charge of forgery. But Gothard said even Michel’s flight from the speeding violation was reason enough to chase.

 Dallas police did not get involved in the chase, except to briefly lend help from a helicopter. With one of the most restrictive chase policies in the nation, Dallas officers can pursue offenders at high speeds only when they are suspected of committing violent felonies. Last year, after a 10-year-old boy was killed and an officer seriously injured in separate high-speed situations, Dallas police commanders added even more restrictions.

With a high speed chase, you might only hear those police sirens for a few seconds before the cars come whizzing by you on the street. Sometimes, maybe not even long even to property move over to the curb – or at least get partially out of the way! Too often, however, those high speed police chases cause accidents and injure the innocent drivers on the road. The courts were then faced with having to decide whether, or to what extent, a police officer could be liable to an injured driver for causing an accident as a result of a high speed chase. I mean, if regular drivers who speed through the streets and intersections cause and accident, they’re liable to those they’ve injured. Why shouldn’t the police be liable for causing the same accident?

But the line has to be drawn somewhere. Some might argue that all high speed chases endanger the innocent other drivers on the road – that the police act in “reckless disregard” for the safety of the public on the roadway when they conduct a high speed chase. Even further, sometimes the way in which a high speed police car pursuit is conducted actually “shocks the conscience” of the community. For instance, would a high speed chase in excess of 100 mph along neighborhood streets in front of an elementary school be okay in pursuit of a minor traffic offender? If a 6-year old girl was killed by the police car while she crossed the street to go home… well, we might then look at that high speed chase and determine that it not only was in “reckless disregard for public safety,” but that it does in fact “shock the conscience.”

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Garland, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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Frightening DWI Statistics In Texas

June 8, 2009

In Texas, someone is hurt or killed in an alcohol-related automobile crash every 19 minutes. Even more astonishing, drunk driving claims an average of five lives each and every day here in Texas.

Drunk driving is a violent crime. In the United States, drunk driving crimes occur more often than any other crime. Approximately, every five (5) hours, someone is killed in an alcohol-related traffic crash in Texas.

Unfortunately, Texas continues to be among the national leaders when it comes to traffic deaths that involve alcohol. According to the National Highway Traffic Safety Administration, in 2004 in Texas, 1,642 motorists were killed in alcohol-related crashes, second to California by only a single death. In 2004, experts estimate that 70 Texans were injured or killed in alcohol-related crashes every day.

The Department of Public Safety reports that of the 98,349 drunk driving arrests made in Texas in 2004, 303 young people between nine and sixteen years old were arrested for drinking and driving. An additional 9,285 minors between ages 17 and 20 were arrested for driving under the influence. That means more than 11 percent of all the people arrested for drinking and driving were under 21 years of age, the legal age for alcohol consumption in Texas.

Recently, Texas has edged out California once again as the state with the most alcohol-related motor-vehicle fatalities and the highest number of fatalities with drivers over the .08% legal limit. However, these drunk driving statistics have shown improvement, but clearly not enough. In 1982, the highest number of alcohol related deaths were reported, when 2,801 of our fellow Texans died. The lowest numbers were reported in 2005, with 1,544. The percentage of traffic fatalities that were alcohol related was highest in 1982 also, with 66%. That percentage dropped to its lowest level in 2005 also, showing 45% of traffic fatalities as alcohol related.

In 2005 and 2006, out of all traffic fatalities, 39% involved a blood alcohol concentration (BAC) of 0.08 or higher, down from 61% in 1982.

As the hot summer days approach here in Texas, it is important to leave your automobile keys with a designated driver if you are going to drink any alcohol away from your home. Although these numbers are decreasing over the last few decades, the number of alcohol related fatalities and injuries in automobile are still quite frightening. Please be safe and don’t drink and drive!

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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An Attorney’s Outlook On How Insurance Companies Value Personal Injury Cases

March 23, 2009

All insurance companies have different methods for placing a value on your claim, but there are a few factors that are constants in every case. The insurance company will be looking at any property that was damaged, physical and or emotional damage to you, both long and short term, medical bills, and other damages.

To begin, medical bills, if applicable, are factored in separately. These are usually ranked in severity and long term, lasting effects. For example, trips to the ER would pay higher than regularly scheduled doctor visits. Likewise, an injury that took or will take a long time to heal is more “valuable” than an injury in which the victim recovers quickly.

It is very important that the doctors are told every detail about all injuries that may have been caused in the accident. The value of a case increases when the doctor assigns more than one injury code to a patient at the time of the first examination. These injury codes must be in the doctors chart notes. They will not get into the chart notes unless you, the injured party, tell the doctor what your physical complaints are.

There are two types of injuries. The first category comes from an injury that causes pain. Report all of your pain to your doctor. The second type of injury is one that causes functional loss. That means any condition after an accident that limits your normal functioning level in daily activities at home, at work and at play. For example, if you can’t turn your neck fully after an accident, then that is a limiting function that should be reported to your doctor.

Remember, it is in the insurance company’s best interest to set a lower value on your claim than you will want, since they want to limit the amount they have to pay out. It will be up to you (or your personal injury attorney) to build the case for your claim to be a higher value.

They key to building your case will be careful documentation of everything involved in your case. Keep diligent records of every expense, every doctor’s visit, every loss you feel you have suffered due to the accident. The more organized and prepared you are, the less “wiggle” room an insurance company will have in negotiating your settlement. For example if your case is based on your memory alone, or just verbal statements of losses, you case may have much less value, than if you had organized receipts, photographs, witnesses’ statements, etc.

The negotiation process can be very stressful and confusing if you are not used to dealing with these types of situation. Remember, to, that the insurance companies have people on staff who’s job it is to be the best at lower the exposure (financial losses) to the insurance company – they are not in business to be sympathetic to you or your situation. It is strongly recommended that you hire an attorney who specializes in personal injury cases.

It is both an art and a skill in successfully negotiating a personal injury settlement with an insurance company. Unless you have the experience and knowledge of the laws of your state regarding your case, you will find that you may settle for a lot less than you deserve if you try to represent yourself.

Protect yourself after any accident! Before you speak with anyone concerning your case, find out what your rights are and what compensation you may be entitled to.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

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11 Year Old Girl Killed While Boarding A School Bus In South Texas

February 18, 2009

According to Action 4 News in Harlington, Texas, an 11 year old Cameron County girl was killed after a driver went around a school bus and struck her with his car.

The Texas Department of Public Safety state troopers said the accident happened in the morning on Tuesday, February 17, 2009, off U.S. Highway 281 and FM 506 in the rural community of Bluetown, Texas which is near the Mexico border.

State troopers said a school bus was picking up children and had the stop sign activated. Under Texas state law, all motorists must stop when a school bus flashes it’s warning lights. However, the driver of the Mercury Marquis, Arturo Martinez Reyes of Weslaco, Texas, failed to follow this law and went around the shoulder and struck the 11 year old child. The young innocent child has been identified as Valeria Garcia.

The investigation is still pending but the Texas law enforcement authorities have indicated that Mr. Reyes will likely face criminally negligent homicide charges as a result of this accident.

We would respectfully request that you please keep Valeria Garcia’s family members and friends in your thoughts and prayers as they all go through this extremely difficult time. It is a tragedy that such a young life is lost as a result of senseless act by a driver.

We would be interested to see the results of the final investigation into this auto accident. It is important to determine if anyone else bears any responsibility for this accident in addition to Mr. Reyes. This additional responsibility can come from: another vehicle, the bus, or any obstructions that could have caused Mr. Reyes to not see the bus stop sign. It is important that the victim’s family members immediately contact a highly qualified personal injury attorney to protect all of their legal options. A skilled personal injury lawyer will be able to look into the various factors that played a role in this crash and immediately notify all parties who could be responsible for this devastating and unfortunate auto accident.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.