Articles Tagged with Crandall

Published on:

Injuries that are severe, long-lasting, and debilitating are often categorized as “catastrophic injuries”. Catastrophic injuries result in prolonged recovery period, pain and suffering, lost wages, and mental anguish. Victims of accidents resulting in catastrophic injuries may never fully heal from their injuries, resulting in loss of work capability. Many times, accidents involving catastrophic injuries result in the death of the victim. This is serious stuff.

If you have suffered a catastrophic injury as the result of someone’s negligence, you are entitled to compensation for damages as a result of your injuries, or the loss of a loved one from the at-fault party or parties.

It is important to understand you may have several options. For instance in a serious automobile accident, your own policy may help to provide benefits. Texas requires insurers to offer personal injury protection on automobile policies, which covers the policyholder’s medical bills arising from an accident and underinsured coverage that helps protect you if the person who injures you in a car wreck does not have enough coverage. If you do not have these policies, I would advise you to purchase the additional coverage. Many times in our catastrophic injury cases, our clients with no underinsured/uninsured motorist coverage on their own policies are left with only a limited recovery due to the fact that Texas only requires a minimum liability policy of $30,000 individual/$60,000 per accident for drivers. Catastrophic injuries can lead to medical bills in the hundreds of thousands of dollars. So, it is important to have that excess coverage on your own policy just in case. Protect yourself before something bad happens.

Published on:

TxDOT_Color_LOGO-300x190According to recently released crash data from TXDot, both Rockwall and Kaufman counties are experiencing significant increases in commercial traffic accidents. The data just released is from 2015, so 2016 statistics are not known. However, the number of commercial vehicle accidents increased by 34.5% year-over-year from 2014 to 2015 for Rockwall and Kaufman county increased by 20.3% over the same time period.

We know that Rockwall and Kaufman counties are experiencing extreme growth, with cities like Rockwall, Royse City, McClendon-Chisholm, and Heath as well as parts of Dallas, Garland, and Rowlett located in Rockwall county, it is no wonder that Rockwall county has experienced large year-over-year growth in commercial vehicle accidents. But over 34%? That is a crazy statistic.

In Kaufman county, what is really the most surprising is that it had more commercial vehicle accidents that Rockwall county in 2014 (113 in Kaufman county and 107 in Rockwall county). What may be surprising to hear is that Kaufman county has a larger population that Rockwall county, thanks to large growth in cities like Forney, Terrell, and Kaufman. That may partly explain the higher number of accidents, but Rockwall county is smaller in geographic size and is more densely populated, so the statistic is still a little surprising. Forney’s population alone grew by over 25% from the 2010 census to the last released data in July 2015, and Kaufman county’s growth over that same period is at exactly 11.0%.

Published on:

Scales-300x132So 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:

Heartland-image-300x200According to inForney.com’s Mathew Richards, FM 741 is expected to remain closed for several hours as police investigate the crash. The crash was reported at approximately 9:30 p.m. on FM 741 in between Heartland and Crandall just north of FM 2757. As of 11 p.m., FM 741 remains closed.

DPS spokesperson Kyle Bradford confirmed with Mathew Richards that two people are deceased on scene, one child was flown by CareFlite helicopter to a Dallas-area hospital in unknown condition, and a second child was transported by ground ambulance also in unknown condition.

The Texas Department of Public Safety released the names of the deceased on Wednesday morning identifying the male driver of the Chevy as 29-year-old Leyva Cerda of Heartland and the female driver of the Ford as 36-year-old Kelly Jones of Crandall.

Published on:

Trooper-Injured-300x169

Photo Credit: Chopper 11 (CBS DFW local)

This Thursday a DPS Trooper was injured on highway 80 while attempting to conduct a routine traffic stop of an 18-wheeler here in Forney, Kaufman County, Texas. It started out normal enough, but when the 18-wheeler travelling behind the Trooper failed to see traffic slowing in front of him, he slammed into the Trooper’s vehicle, causing the Trooper’s vehicle to hit the 18-wheeler that he was attempting to stop.

The first question to ask is “why did it happen?”

Published on:

Stowers-300x188Sounds 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:

personalinjury3-300x201The 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:

m-cc-ups-and-fedex-300x202This 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:

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

Published on:

According to inForney.com, this past Friday afternoon, a Borden delivery driver was acting erratically at a local gas station, which caused them to investigate. The driver fled from the gas station in the large Borden delivery truck. This led to him driving across the grass of several businesses located across the street from the local First Baptist Church. Interestingly enough, just a few years ago, an erratic driver drove through the gym, the gym’s kitchen, and several classrooms of church gym.

According to David HagEstad, a member of First Baptist Church, and a member of our friendly staff here at Guest & Gray, told us here at the office that he was doing some cleaning at the church at the time that the arrest was made. He said he heard the sirens and saw the Borden truck parked in the grass across the way and several police vehicles behind the Cotton Gin just up the road.

He said that he is just glad that everyone is safe, and the driver was caught before he really hurt somebody. He also said that he is “very glad” it wasn’t the church this time.