Articles Posted in Personal Injury

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Daycareinjury-300x164We entrust daycare facilities with the care of our children and they promised to take good care of them. However, every year in Texas we hear about children being injured while at day care. Whether it be from children being left in hot day care bus all day long, or children being physically abused by day care workers, it seems to happen all to often here in Texas. At Guest and Gray, we have helped numerous families who have had their world’s rocked by an injury to their child at a day care. Whether it is by an intentional act of the employee or daycare, or through a negligent act, Guest and Gray is here to help you protect your little one.

As a parent, you should always be mindful of your child when they come home from daycare to make sure that they are being properly cared for while at daycare. A common theme among our children who have been injured while at daycare is that the parents thoroughly believed it couldn’t happen at their daycare. Why? Because the daycare was so highly recommended or popular in the area, or because they are at a faith-based daycare, etc.. Trust us: it can happen anywhere. So, pay attention to your child. If things seem off, or your child is injured and the daycare cannot explain what happened, you need to investigate. Do not just take them at their word and move on.

There are signs to watch for that will help you figure out whether your child is being cared for properly while at daycare. Each child is different, so the signs may be different for your child, but there is a common theme among our daycare injury cases that have happened in the Forney, Rockwall and Dallas areas that will help us to guide you in protecting your child daycare abuse.

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DogBitesEver been bitten by a dog? It is not very much fun. The personal injury lawyers at Guest and Gray Law Firm are keenly aware of this fact. Over the years, Guest and Gray Law Firm has helped victims of dog bites recover top dollar against negligent dog owners.

For the most part, dogs are man’s best friend. Not like those useless cats that just lay around the house and look at you in disgust. Dogs are sweet and caring and love you unconditionally. However, dogs have it in their system the capacity to become dangerous. Certain breeds more-so than others. Pit Bulls, Bull Dogs, and Rottweilers are some of the main dog breeds that people associate with a dangerous capacity to injure people.

However, in Texas, you really cannot just use a dog’s breed as a means of proving your dog bite case. It must be dog specific. This is a good and bad thing. Texas does not have a statute that covers civil liability for dog bites. Rather, in  Marshall v. Ranne, 511 SW 2d 255 (Tex. S.C. 1974) the Texas Supreme Court adopted the view of dog bite law contained in the Restatement of Torts section 509.  That means Texas is a “negligence” or  “one bite rule” when it comes to dog bites. In order to recover damages for a dog bite, the injured person must show that:

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The headline is a misnomer. Lets just scratch that, its pretty much bad and ugly. Texas has some pretty bleak accident statistics when it comes to the holidays, especially Memorial Day, Fourth of July and Thanksgiving.

The Texas Department of Transportation collects fatal crash statistics for travel periods, not just the Holiday itself. For instance, for the Memorial day holiday, they collect crash data from a 78 hour period and for Christmas it is a 102 hour period. It allows them to cover the travel period for when people are traveling to destinations to celebrate the holiday.

In 2017, Thanksgiving was the single deadliest travel holiday of the year with 73 fatalities in a 102 hour travel period. That is up nearly 20 deaths from 2016 and an increase of 31 additional fatalities from 2015’s total of 42 from the same travel period. Overall, 2017 saw 296 fatalities during major holiday travel periods that included Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, and New Year’s. That is an increase of 49 deaths year-over-year from 2016’s total of 247. Thanksgiving alone had 19 more fatalities during its travel period year-over-year.

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insurance101-300x157Subrogation. The word itself is strange and seems scary to the uninformed. However, it is a very common legal tool for health insurance companies to recoup monies that they have paid out when their insured has been injured due to the negligence of a third party, i.e. a car or trucking accident, dog bite, etc..

The experienced personal injury attorneys at Guest and Gray navigate the complicated field of subrogation on a daily basis in pursuing personal injury cases for our injured clients. We have represented injured parties in Forney, Rockwall, Dallas, Terrell, and all over East Texas in hundreds of personal injury cases.

In most cases, if you are involved in an accident, you go to the hospital and you provide your health insurance information and you think that is that. However, unbeknownst to you, that gives rise to a subrogation claim by your health insurance company and they are pretty quick to pick up on the charges due to the type of treatment and billing codes that are entered by the hospital or other treatment facility.

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personalinjury3-300x201Guest and Gray is Kaufman County’s premier personal injury law firm. Our team of experienced personal injury lawyers and knowledgeable staff work hard on a daily basis to fight for the rights of Kaufman county’s injured accident victims.

As Kaufman county continues to grow at a record pace, Guest and Gray has been here since the beginning. We have recovered millions of dollars over the years for local Kaufman county residents after they have been injured in automobile, motorcycle, trucking accidents, dog bites, and many other types of injury cases. We work closely with providers, health insurance companies and the at-fault insurance carriers to maximize our client’s recovery in each case.

Our attorneys take each Kaufman County personal injury case on contingency. That means that we take on the risk and you pay nothing unless we win your case. Our personal injury lawyers are ready to take your case all the way to trial, if necessary.

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Truckaccidents-300x132When you or a loved one is injured in a trucking accident and you hire Guest and Gray Law Firm, P.C.,  our experienced team of personal injury lawyers begin working on your case immediately. We look at every possible avenue to prove that the trucking company and their driver negligently caused the accident and your injuries. One of those ways is to look into the FMCSA BASIC scores of the at-fault trucking company to determine whether or not they have a history of negligent behavior.

WHAT IS THE FMCSA BASIC PROGRAM?

FMCSA-BasicsThe Federal Motor Carrier Safety Administration’s (FMCSA) Compliance, Safety, and Accountability program continuously gathers and updates data regarding seven Behavior Analysis and Safety Improvement Categories, or BASICs. For each category listed, the trucking company receives a score that ranks them against other carriers in the industry. Each of these scores can then be used by trucking companies, law enforcement agencies to determine the overall safety compliance of an individual trucking company.

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Truckaccidents-300x132Guest and Gray prides itself in being the largest and highest rated law firm in Kaufman county. We are number one because we care about our clients and their situation. Personal injury cases are just that: personal. They happen to real people and it causes REAL problems in their lives. No accident situation can bring more drama to a family’s life than an 18-wheeler accident. These are simply the most destructive types of accidents that can occur on Kaufman county roads. Every year, Kaufman county residents and passers-through die on our local highways due to negligent truck drivers and as our roads become more congested and traveled as a result of development, the numbers will only go up.

Kaufman county is one of the fastest growing counties in Texas. Growth in cities like Forney, Terrell and Crandall will lead the way over the next few years. All three of those cities are corridors in and through Kaufman county with interstate highways and state highways leading right through them. Forney and Terrell have the highly traveled highway 80 and interstate 20 passing right through them and Crandall, as sort of the gateway to East Texas has highway 175. All three cities are gearing up for exponential growth over the next few years as pastureland is converted to shopping, retail and most of all, homes. Crandall has the Wildcat Ranch Development that plans to bring nearly 3,100 unites, which would effectively more than double the population of Crandall alone. Travel anywhere in Forney and you will see new community development and shopping and retail going in, and Terrell leads the way in commercial development. The result of this population increase will be an economic boom. Increased economic out put means an increase in commercial traffic. Commercial traffic means 18-wheelers and other commercial vehicles traveling on our roadways will only increase to meet demand.

At Guest and Gray, our personal injury lawyers see this as being a potential problem for our local citizenry and those who travel our major highways to get to and from home and work. The greater the number of commercial vehicles means that our current and future citizens will be at a greater risk of being injured due to negligent commercial truck drivers as they come into our area. A semi truck, without the tractor-trailer, weighs around 80 thousand pounds, without a tractor-trailer attached. In comparison, the average passenger vehicle weighs about 5,000 pounds. When the two meet at high speeds, the results can be absolutely devastating.

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Personal-Injury-Law-300x149Have you recently been injured in an accident and it was not your fault? Then you need to contact the law firm of Guest and Gray today. We handle cases just like yours every single day. From car accidents, to 18-wheeler wrecks, premises liability and beyond. When you are injured as a result of somebody else’s negligence, Guest and Gray is there for you. We fight hard for the rights of the injured.

Injuries as a Result of Other’s Negligence Can Happen Anytime You are on the Road

Negligence can occur in the most innocent seeming moments. The most common is while driving a car. For most people in the Dallas-Fort Worth area, we become very accustomed to driving longer distances to get where we need to go, whether it be to work or to even the grocery store. The problem is that people can become so used to driving in those areas that they lower their guard and drive more dangerously. Messing with the radio, talking with others in the car and texting and driving are common factors in these types of accidents. People get bored driving so they distract themselves. In doing so, they make it more dangerous for others on the road because they are paying less attention to the 2-ton projectile they are driving at high speeds down the road. Driving is something that we do every day. Unfortunately, as a result, North Texas experiences catastrophic and fatal accidents on a daily basis.

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ThanksgivingMost people travel on Thanksgiving, whether it be to a family gathering or to a restaurant or for black Friday shopping deals. It is a time to give thanks for the blessings we have in life. A time to relax (or stress out completely) and eat way too much food. For most, the holiday goes without a hiccup and life returns to normal after the holiday. For some, they wake up to the horrors of a dirty kitchen and some family member sleeping on the couch.

For others still, it can be a nightmare. Thanksgiving is one of the most dangerous travel holidays in America. More people travel for the Thanksgiving holiday than for Christmas. This means that roadways are busier than normal, which inevitably leads to accidents. For restaurants and bars there is something known as “black Wednesday” which is the Wednesday before Thanksgiving and may just be the busiest night of the year. This means that a lot of people who have been out drinking may also be on the roadways with you and your family. To help you get around some of this craziness, here are a few safety tips from your friendly personal injury lawyers at Guest and Gray Law Firm:

  1. Don’t Drink and Drive– If you do drink and have to drive, get a designated driver. Uber can literally be a lifesaver. Pay the money, its cheaper than dying. Trust me. You are far more likely to be involved in an accident after drinking. Alcohol slows your ability to respond to stimuli while driving. This includes other drivers, animals and even things in your car.
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When most people think of the Fourth of July, they think of freedom, backyard barbecues and fireworks. As a personal injury lawyer, I cannot help but think about the people who will inevitably be hurt or killed along with the celebrations. I hate to be the Debbie Downer, but once you see the dirty underbelly of the pig, its hard not to think about it when you eat the bacon.

The grizzly truth is that the Fourth of July weekend is typically the deadliest holiday each year. Last year alone, 10 people died in water related accidents in Texas. What is most concerning is that according to IIHS travel statistics, the fourth of July is the deadliest day in America with an average of 118 lives lost each year in motor vehicle accidents. According to the same report, it is the deadliest day for motorcycle riders as well, with an average of 26 lives lost. Alcohol is usually a greater factor during the fourth of July holiday, ranking second only behind New Year, with 42 percent of deadly accidents involving alcohol for Independence day and a whopping 62 percent for the New Year holiday.

To help illustrate, here is a list of the top-10 days with most accidents since 2014 according to IIHS.com:

All deaths Average deaths
per day
July 4 592 118.4
January 1 591 118.2
September 18 552 110.4
August 2 541 108.2
August 27 541 108.2
July 5 539 107.8
October 2 539 107.8
October 8 537 107.4
September 1 535 107
September 2 535 107

Top 10 days with most 
motorcycle crash deaths, 2010-14

All deaths Average deaths
per day
July 4 129 25.8
August 24 120 24
August 8 116 23.2
June 30 112 22.4
July 8 112 22.4
August 27 112 22.4
June 5 111 22.2
August 10 110 22
June 21 109 21.8
July 27 109 21.8

TRAVELING AROUND TEXAS FOR THE FOURTH? BE SAFE!

If you are traveling around our great State this holiday, be safe and watch out for other drivers who seem impaired. Indicators of intoxication, according to NHTSA are:

  1. Turning with wide radius
  2. Straddling center of lane marker
  3. Appearing to be “drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated roadway
  7. Swerving
  8. Speed more than “10″ miles below speed limit
  9. Stopping without cause in Traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on Center or Lane marker
  13. Braking Erratically
  14. Driving into Opposing or Crossing Traffic
  15. Signaling Inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately (other than in a lane)
  18. Turning abruptly or illegally
  19. Accelerating or Decelerating Rapidly
  20. Headlights off

INJURED IN AN ACCIDENT? CALL GUEST AND GRAY TODAY!

If you or a loved one has been seriously injured in a motor vehicle accident, you need to call Guest and Gray immediately. Our knowledgeable and experienced personal injury attorneys are ready to get to work for you. We need to begin working on gathering and protecting evidence, speaking to witnesses and asserting your rights. Whether it be car, motorcycle or 18-Wheeler accident, you need to speak with an attorney as soon as possible. Get the medical treatment you need and then make the call to Guest and Gray. You will be glad you did! Be safe this Independence Day and God Bless America!