Car Accident Attorney Forney

Published on: March 17, 2017

Negligence: Just What Does This Word Mean?

So often we hear legal terms such as “negligence” and “wrongful death” used by attorney’s and non-attorney’s alike. It is almost common place for people to use the word when describing an accident or a person’s behavior. If you listen to some of the local radio stations here in Dallas-Fort Worth you will probably hear a few commercials for attorneys asking the question “have you been injured because of someone else’s negligence?” The word is thrown around almost nonchalant. But, under the law, negligence has a very deep and complex meaning. Using the word as a broad stroke “that was negligent” does not afford the word its due, and under the law, may not actually be so, as you will see below.

For attorney’s and legal professionals, these terms have significant meaning beyond the common understanding of the words. In law, these are called “legal terms of art”. For the practitioner of law, terms of art such as negligence, wrongful death, and the thousands of other legal terms of art have a meaning beyond just a Webster’s Dictionary definition. So, in this article we ask “just what does the word ‘negligence’ mean?”

Terms of art can have different meanings in different jurisdictions. For the most part, the term “negligence” has the same legal definition in all 50 states. However, what may be different is how it is applied in certain situations. For instance in Texas, up until 2015, evidence of a plaintiff’s own negligence by failing to wear a seat belt was not admissible to show that the plaintiff was partly or wholly the cause of their own injuries. However, that all changed with the Supreme Court of Texas’ decision on Nabors Well Services, Ltd v. Romero. Now, it is admissible, so you have yet another reason, other than the obvious, to wear your seat belt. The Supreme Court now says that if you fail to wear a seat belt it can be used against you to limit your recovery in a personal injury lawsuit. Many other states allow such evidence to be used to establish a plaintiff’s own negligence, but there are others states who still do not allow this type of evidence to prove plaintiff’s negligence.

Published on: February 3, 2017

Maximizing Personal Injury Settlements: The Stowers Doctrine

by Guest and Gray Law Firm

Sounds cool, doesn’t it? Stower’s Doctrine. Its got moxy. The Stowers Doctrine is as Texan as they come. From the Stowers Doctrine flows the Stowers Demand, a powerful settlement tool in personal injury practice.

But what is a Stowers Demand, exactly? Where does it come from? What does it do? Well, ask any attorney who deals with insurance companies on a regular basis and they will tell you it is a lifeblood of a personal injury practice. In our practice here in the Forney, Rockwall and Dallas area, once damages have been reasonably calculated, we always send a Stowers Demand to the insurance company. It is quite possibly the single most powerful pre-trial tool a personal injury attorney has to maximize settlement dollars for their client.

What is a Stowers Demand?

Published on: January 29, 2017

Why Do I Need A Personal Injury Attorney?

by Guest and Gray Law Firm

The answer is simple, but to understand importance of the work they do, and the value they bring to their clients, you must understand a little more about the process of handling personal injury claims. It is no cake walk, even for experienced personal injury attorneys.

Notifying Insurance Companies and Establishing Communications Between the Parties

A personal injury attorney will notify the insurance providers of the claim for injuries and that the injured party is represented by counsel. This is true whether it is a motor vehicle accident, boating accident, commercial vehicle accident, or even slip-and-fall. These providers must be provided “notice” of the claims being made by the injured parties that were caused by their insured. In addition to notifying the at-fault parties insurer, the injured party will need to notify their own insurer of the possibility of any claims under their own UM/UIM in the event that the other party has no insurance or carries insufficient coverage to pay for the damages that have been suffered.

Published on: December 29, 2016

Negligence and Negligence Per Se: Parking 18-Wheelers and Tractor-Trailers on the Roadway

by Guest and Gray Law Firm

Every now and then you may come across a semi-truck or car-hauler parked on the side of the road, or even partially in the road and think to yourself, “that is so dangerous,” or “they should not be allowed to do that.” Well, technically they aren’t supposed to do that. Section 545.301 of the Texas Transportation Code provides that an operator may not stop, park, or leave standing an attended or unattended vehicle on the main traveled part of a highway outside a business or residence district unless:

(1) stopping, parking, or leaving the vehicle off the main traveled part of the highway is not practicable;

(2) a width of highway beside the vehicle is unobstructed and open for the passage of other vehicles; and

Published on: December 15, 2016

Got Hit By a Delivery Driver?

by Guest and Gray Law Firm

This time of year seeing a UPS or Fed Ex truck on the road is a common occurrence. Driver’s delivering packages this time of year are often under a lot of pressure. In my house, those delivery men and women are called “Santa’s little helpers” because they’re the real heroes of the Christmas package delivery game, not those elves. UPS expects to deliver more than 700 million packages this holiday season, with 13 of 21 holiday shipping day to exceed 30 million packages a day. https://pressroom.ups.com/pressroom/ContentDetailsViewer.page?ConceptType=PressReleases&id=1477506556294-677. Fedex does not expect to be quite as busy as UPS, although they still predict record deliveries of around around 325 million packages this holiday season. http://www.businessinsider.com/ups-fedex-holiday-shipping-plan-new-technology-2016-11. All told, that is around 1 billion packages traveling around the country in large semi-trucks and delivery trucks. That is a lot of packages and a lot of driving.

This time of year it seems like every where you go, you see a Fedex or UPS vehicle delivering package. Those drivers are everywhere. You see them traveling in and around our local highways all day and into the night, often working very long hours and driving in upwards of 50-100 miles per day to drop off their hundreds of shipments. It is a tough job with long hours, lots of driving, and a lot of stress. With such a vast number of drivers on the roads this time of year, that leads to one absolute certainty: accidents.

Accidents with delivery drivers happen for a variety of reasons. It could be human error, or it could be some outside factor. Here is a list of some common causes of accidents with delivery truck during the holiday season:

Published on: December 7, 2016

Yet Another Head On Collision on Kaufman County Roads

by Guest and Gray Law Firm

Anyone driving in and around Kaufman county can tell there is more traffic than their used to be. Forney is growing. Terrell is growing. Talty, Kaufman, Heartland/Crandall, and even little old Combine has seen some growth. For most people in Kaufman county, the growth is a welcome sight.

But the old Farm to Market roads that many of us travel on a daily basis have become a danger zone. Back when these two lane “highways” were built, there were no cellphones, no Facebook. The only reason you got distracted on the road was because you saw a deer or you were changing the radio station. With all the increased traffic and increased distraction, these two lane roads have begun to show their age.

It seems like every day or two Mathew Richards is writing about another head on collision or rollover crash that has happened on those roads. Last night it was another head-on collision near Lake Ray Hubbard drive, which is pretty close to where 740 and 460 meet. Now, I am not calling for an all out upgrade of the roadway system in Kaufman county. For one, I don’t want to pay for it. But as a personal injury attorney, I see people who have had their lives changed forever because of accidents. I meet people who have lost loved ones as a result of these types of accidents. Safe driving is important to me, not just because I don’t want to see anybody get hurt, but because we need to keep our roadways safe for those who may be traveling in those other cars. It may not just be Joe Schmoe in the other car you hit. It may be Joe, Jr., and that is exactly what drives our firm to take each case of unsafe driving so seriously. We want to make an example out of those drivers who do not take the safety of the other drivers on the road seriously. Distracted drivers, unsafe drivers, and anyone in between are driving selfishly. It is important that people understand that it is not “okay” to text and drive. It is not “okay” to watch Youtube videos while driving on Highway 80. Its just not. Your phone, and the entertainment it brings, is not more important than the safety of everyone else on the road. And when one of my clients comes in here and tells us about how they got hurt by some selfish driver who was on their cellphone, then get ready because we are about to make an example out of them.

Published on: February 8, 2016

Statute of Limitations About to Run on Your Kaufman or Rockwall County Personal Injury Claim?

by Guest and Gray Law Firm

Statute of Limitations 101

Good Question. Here at Guest and Gray, we have many potential clients coming into our Forney and Rockwall offices that, without realizing it, find themselves up against the statute of limitations by the time they come speak with an attorney about filing a lawsuit. So, to better inform our clients and the public, here is a Statute of Limitations 101. Class is now in session.

What is the Statute of Limitations in Texas?

Published on: February 2, 2016

A Quick Overview of Personal Injury Cases in Texas

by Guest and Gray Law Firm

Damages: What Kind of Compensation is Available?

Most personal injury cases seek financial damages to compensate for an injury. This will compensate for medical costs, lost wages, future lost pay, and pain and suffering both physically and mentally, disfigurement and disability as a result of the negligence of another, as well as for loss of consortium.

Statutes of Limitations