Articles Posted in Personal Injury

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via nbcdfw.com:

A school bus driver and bus monitor were hospitalized Wednesday morning after their bus was involved in a chain-reaction crash, officials say.

A Duncanville Independent School District bus was heading northbound on U.S. 67 near Keist Boulevard when a vehicle apparently rear-ended the bus, pushing it into another vehicle, said Lori Barager, a district spokeswoman.

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TAHOKA, TX (KCBD) –

Texas DPS has now released the names of two drivers killed in a collision that happened on US 87 south of Tahoka early Tuesday morning.

DPS says a Ford Explorer driven by 35-year-old Ivan Adam Davila of Horizon City El Paso was traveling northbound in the southbound lanes and collided with a Ford pickup that was traveling southbound around 5:30 a.m. The Ford pickup traveling southbound was driven by Terry Dene Gwin, 42, of Tahoka.

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Three people were killed early Monday when the driver of a sedan slammed into the back of a stopped tractor-trailer.

Dallas police said three adult males were headed northbound on Harry Hines at about 3 a.m. when they crashed into the back of a semi stopped at a traffic light at Lombardy Lane.

The two males riding in the front of the vehicle were killed instantly, officials said. The passenger in the back of the car was in critical condition when he was transported to a nearby hospital. The man later died.

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Scales-300x132Guest and Gray, P.C. is proud to be the largest and most highly rated law firm in Rockwall and Kaufman counties. A big reason for that is we offer a wide variety legal services and unparalleled customer service.We are longtime faces in the community and our most of our attorneys grew up right here in Kaufman and Rockwall county. The benefits you receive from a law firm like ours is that you have the resources of a larger firm but in your hometown. So, if you have legal problem and do not know where to turn, you need to turn to Guest and Gray, P.C.  Our focus is first and foremost on the client and fighting to obtain the best possible outcome for your case.

We are also the largest law firm in Rockwall and Kaufman counties and because of that we have the resources and staff to help our clients in manner different types of legal issues. We have attorneys dedicated to different types of practices as opposed to a solo practitioner who practices about 10 different areas of law everyday. We call ourselves a “full-service” law firm for a reason. We feel that the size of the firm and the fully staff offices provide clients with excellent representation to meet your legal needs, no matter what the case.

What Does It Mean To Be a Full Service Law Firm?

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Scales-300x132Guest and Gray, P.C. is proud to be considered the largest and highest rated law firm in Rockwall and Kaufman counties. Our personal injury attorneys, Scott Gray and David HagEstad fight for their clients on a daily basis. We are proud to fight for you.

Our Rockwall and Kaufman County personal injury lawyers are experienced in litigating both automobile and motorcycle cases. It is important to note that although the laws that apply to both types of motor vehicle, there are key differences in how to present each case. The key difference is that motorcycle accidents often result in more serious injuries and even death. This means that more often than with a standard automobile, we are pursuing wrongful death claims or claims that involve debilitating injury to the injured party in motorcycle accident cases.

The claims processes are the same, once you have received any and all necessary medical treatment, make sure that you file a claim with your insurance, as well as the at-fault party’s insurance company. If you have any secondary or supplemental coverage, be sure to file a claim with them as well. This will result in the insurance companies making a determination of who is “at-fault” in the accident and at that time it is simply up to the injured party to present their case to the insurance company about how much the insurance company needs to pay.

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Crash-on-80-300x129Truck accidents have become what seems like an every day occurrence here in the Eastern Dallas-Fort Worth area. Rockwall and areas to the east along interstate 30, such as Royse City, are growing at a rapid pace. Along the highway 80 and I-20 corridors respectively in Kaufman county is developing from Forney to Terrell with new businesses springing up in the area on a weekly basis. On top of that, Rockwall, Forney and Terrell are also seeing a housing boom. Especially Forney. That brings construction traffic with cement trucks, work trucks, delivery trucks and everything else.

Growth is one thing, but the fact that the Texas’ economy and the National economy are both doing well means that shipping of products to market is also increasing to meet the demands of consumers. That compounds the issues here in Rockwall and Kaufman counties. Not only are we seeing massive growth, but our two counties fall within major trucking corridors. We have interstate-30 heading northeast through to Arkansas, highway 80 heading east Texas and Louisiana, and highway 20 which stretches straight through to Florida and is the single largest trucking corridor in Kaufman county. Kaufman county also has highway 175 to the southeast towards east Texas and Cedar Creek Lake and beyond. All told, hundreds of thousands of vehicles pass through Kaufman county highways each day and much of that traffic is big rigs carrying all sorts of products and equipment to their destinations here in Rockwall and Kaufman counties and all throughout the country.

That being said, here is a quick primer on the 4 things you need to know about trucking accidents:

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wetfloorsign-300x200Stores like Wal-Mart, Kroger and Target owe their customers a duty of care to maintain the floors in a reasonably safe condition for their customers to walk on. For example, lets say that you were injured in a Wal-Mart in Rockwall, Texas and sustained injuries. Now, just because you were shopping in a store and you fell does not mean that you can sue Wal-Mart for your injuries. Generally, a Plaintiff has to prove that Wal-Mart had either actual or constructive knowledge of the dangerous condition that posed an “unreasonable risk of harm” and that Wal-Mart failed to take steps necessary to protect their customers from the dangerous condition.

The law in these circumstances talks about “duties” and we must determine what was Wal-Mart’s duty under the circumstances which led to the slip and fall. The duty that Wal-Mart would have here is a duty to protect their customers from an unreasonable risk of harm. How can they violate this duty? This duty can be violated in three different ways:

  1. Defendant placed a foreign substance on the floor that is walked on.
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personalinjury3-300x201It happens all the time. The typical scenario is where a person enters a store and due to some sort of defect in the premises or a condition on the property, a person slips or trips and falls and becomes injured. In this sort of case, who is at fault? Well, it is not quite as easy as it sounds.

If the store allowed a dangerous condition or defect in the premises to exist, they had actual knowledge of the defect on the premises or a dangerous condition, and failed to correct it, or they had reason to know that a defect or dangerous condition existed and failed to take corrective action, then you will have a viable claim for damages after a slip and fall accident.

So What is a Dangerous Condition or Defect?

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Personal-Injury-Law-300x149Between Soap Operas and the Price is Right, the other consistent day-time TV you see are personal injury attorney’s yelling at you about they will “get them the compensation they deserve” for their injuries in between scenes of car crashes and people looking strangely well groomed to be in a hospital bed after the aforementioned accident. I love those commercials. The acting is about as good as the Soap Opera episode it runs in between.

All jokes aside, the biggest hiccup that occurs between clients and attorneys is the concept of compensation. Many clients expect that since the accident was clearly not their fault, they should just get the money. Although that is quite often how it works, you have to “prove up” your damages, either during the claims process with the insurance company or by introducing admissible evidence of damages in court once a case has been filed.

Once a case has been filed, a party seeking recovery of past medical expenses must pay very close attention to Texas Civil Practice and Remedies Code (TCPRC) §41.0105 that says, “in addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.” Easy enough, right? Actually paid and incurred means expenses that have been or will be paid and excludes the difference between such amount and charges the service provider bills but has no right to be paid, e.g., amounts that have been written off. Ahmed v. Sosa, 514 S.W.3d 894, 895-896 (Tex. Ct. App.–Fort Worth, 2017).

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Fatality-Crash-Rockwall-300x225Time is of the essence if you or a loved one has been involved in an 18-wheeler wreck. The trucking company and the insurance company is going to take steps to eliminate evidence of wrongdoing on their part. You need to hire an attorney and get them working on protecting the evidence related to the accident because it has a very funny way of disappearing.

For instance, there was a fatal 18-wheeler accident involving Forney resident, Latonya Child, in Fate, Texas near Rockwall off of Interstate 30 just the other day. Absolutely horrific tragedy. The driver of the truck obviously did not stop. Although this information is generally applicable to all accidents, but if I were advising this family as a lawyer, or even as a friend, I would say: hire an attorney and do it now. I have handled too many 18-wheeler wreck cases involving incapacitating injuries and deaths to say any different. That family, and any other family involved in such a tragic accident needs someone to tell them that the insurance company is not their friend and does not have their best interests at heart, no matter what the insurance company says. They need someone to protect their rights and make sure that the person who decided to be negligent on that day and take away their loved one pays for what they did. Period.

It is vitally important to the injured party’s case that an attorney take certain actions to protect evidence in the days and weeks following an 18-wheeler wreck. The three main things an attorney needs to for anyone in such a situation send spoliation letters (evidence protection letter), get an accident reconstruction specialist out to the scene of the accident, and get ahold of all the witnesses and take their statements.