Recently in Texas wrongful death lawyers Category

December 22, 2011

Causes of Fatal Auto Accidents

I am a semi-truck and automobile accident attorney. I see the tragedy that can result from these accidents on a daily basis which prompts me to regularly address the public about some of the more simple safety driving precautions. I hope the following will be beneficial to you and your family when out motoring.

*Don't drink and drive. Certainly there has been enough media attention on the dangers of this particular behavior. Even if you've only had a couple drinks your driving acuity may be impaired. I always suggest that those who enjoy a night out on the town find a safer way home than getting behind the wheel of their vehicle themselves.

*Don't drive distracted. Researchers have found this behavior to be as dangerous as drunk driving in many cases. That means - put your cell phone down and keep your eyes on the road. Don't eat your breakfast or dinner, don't finish getting ready for work, don't discipline the kids, and don't watch a movie or read the paper (yes, this happens). Keep your eyes on the road.

*Don't allow your car to fall into disrepair. Take it in for regular check-ups. Keep the tires filled and replace them when the tread is worn. Keep all fluids topped off. Change your oil when needed. Keep your brakes in tip-top shape and keep the gas tank filled.

Do not be the cause of an injury or fatality accident because of your own negligent behavior.

If you have lost a loved one after a fatal accident contact an experienced and successful wrongful death attorney as soon as possible after the accident before critical evidence disappears.

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September 19, 2011

Recent Semi Truck Wrecks

Semi-truck accidents perpetually plague America's roadways and endanger the lives of innocent drivers and passengers around them - in many cases because of careless driving. Unfortunately, the cause can often be traced to driver error - that of the semi-truck driver that is. What follows are several reported accounts of accidents that were alledgedly the result of careless rig driving.

*A semi-truck driver in a nearby state failed to gauge the flow of traffic ahead of him on the highway. He therefore did not realize that the traffic was slowing before it was too late. He rear-ended a semi-truck that had slowed in front of him and before the accident was over both semis burst into flames and both trucks and their contents were considered a total loss.

*A semi-truck driver who it was discovered to be an OTR or over-the-road hauler had a dvd player and small video unit installed in his dashboard as a means of staying entertained on the long trips across the country. Unfortunately the presence of a video playback center served as a distraction more than anything else.

When a particularly dramatic filled moment played out on screen the driver lost focus of his truck for more than a moment - and ended up running it off the road and into a field. In this case, no one was hurt - but the driver was ticketed for distracted driving

If nothing else, these stories should serve to remind small car and truck drivers what Texas semi truck accident attorneys already know that not all semi-truck drivers are giving their full attention to their 'job'. Your best bet is to drive defensively.

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May 24, 2011

Texas Wrongful Death Lawsuits

Some of the more common means in which a wrongful death may occur include vehicular accidents, product or premise liability and medical malpractice - and they may either be caused through negligent or deliberate behavior.

A suit including a survival action may seek to recover monies due to the loss of inheritance, loss of services love and care, pain and suffering for the decedent prior to death or potentially even punitive damages (in exceptional cases), and/or the various expenses related to the death - including medical, property and/or funeral costs.

Wrongful death suits must meet certain statutes of limitation in their filing. If the suit is filed past the 'expiration date' required by law then the case will not be able to be prosecuted and will be dismissed.

This is a difficult situation for surviving members of a family to understand. At the time of death and for months thereafter most families are embroiled in grief and unable to function (think or behave) normally - or in a manner that is beneficial to the well being of the family unit in the long run.

This is the reason that legal assistance early on is paramount in the case of a wrongful death lawsuit.

Other stipulations related to a wrongful death lawsuit are also important such as ensuring that the action is filed in the correct jurisdiction and against the correct parties.
There have been instances where this has been handled improperly - which cost the family any chance for remuneration or recovery.

If you have any doubts contact a Houston wrongful death lawyer as soon as possible after a fatal accident.

May 10, 2011

Wrongful Death Cases

The phrase 'it was an accident' may be more common in the case of wrongful death lawsuits than anywhere else. A young man was cleaning a gun and did not realize there was still a bullet in the chamber - the gun went off and killed a visitor to his home (a close friend). A young mother fails to stop before hitting a cyclist out for a leisurely ride and well within the lines of the designated bike lane. An elderly man tripped over a yard tool when stopping by a neighbor's house for a friendly visit. He suffered a head injury but failed to seek proper medical attention and died soon after from internal bleeding.
In each of the previously cited cases - the deaths were accidental.

There was no indication that the defendants behaved with malice. However, there was ample evidence of negligence and no heartfelt apology or profuse declaration of lack of intent can undo a death.

Wrongful death lawsuits usually begin with the determination of causation by the wrongful death lawyers handling the case- but it may not require a demonstration of 100% fault on the accused for a case to get filed. Sometimes it is only necessary to prove that there was potential negligence that was a cause of the death for a case to proceed and blame assignation to be made by a judge or jury.

This is then followed with the consideration of compensation - an entirely separate issue with its own requirements. Each state has its own unique laws dealing with wrongful death and it is always best to consult a wrongful death lawyer in the state where the accident occurred as soon as possible after the accident.

Due caution in all matters is often the best preventive measure to avoid the inconsequential phrase - 'it was an accident'.

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