Modified Comparative Negligence Complicates Accident Recovery

In Texas, victims of torts – including automobile accident victims who were injured by a careless driver – are not required to have completely clean hands. That is, just because the victim engaged in some careless behavior, such as speeding or changing lanes without signaling, he is not necessarily barred from recovering.

Texas law imposes a limit as to how careless a person can be and still receive compensation for damages. If a party to an automobile accident was primarily responsible – that is, a jury would find that they were at least 51 percent responsible for the accident – then under Texas’s modified comparative negligence scheme, the party will be barred from recovery.

These legal nuances may seem complicated, but they often have a profound effect upon a victim’s legal recovery. Have you been in an accident and want to know whether you can recover? Talk to the attorneys at the Dallas law firm of Fears | Nachawati. For your free consultation, call us at 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm.

Important Legal Doctrine at Issue in Accident near Apartments?

The phrase “respondeat superior” may sound Greek to you, but this Latin word can have important legal consequences. In short, the doctrine of respondeat superior means that an employer may be held responsible for the careless or reckless decisions of its employee.

Is this legal doctrine at work in the recent accident that occurred near Dallas’s Oasis Apartments? It could be. According to reports, last week a resident of the complex ran after a tow truck that was carrying away his car, presumably for committing a parking infraction. Whatever the reason, what happened next was horrifying: the tow truck driver ran over the man chasing after him – and drove away from the accident scene.

Two questions are particularly important in this case: first, did the tow truck driver act with reasonable care and second, was he acting with the scope of his employment? If the first answer is “No” and the second answer is “Yes,” the facts may be sufficient to trigger the doctrine of respondeat superior – and the employer’s liability.

Have you been in an accident with a commercial driver, such as a delivery person, tow truck driver, or 18-wheeler driver? The doctrine of respondeat superior may be at work in your case, too. Find out what that means for your potential recovery by contacting the attorneys and professionals at Fears | Nachawati. For your free consultation, call us at 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm. We can help!

New Research Turns Road Rage Assumptions on Their Head

A Harris Interactive poll conducted between May and June of this year found that women, not men, were more likely to experience road rage. According to survey results, 61 percent of women surveyed admitted to experiencing road rage, compared to just 56 percent of men. These findings fly in the face of the conventional wisdom that men are more likely to lose their cool and damage other cars or injure other drivers as a result.

Increasingly, observers of highway safety are realizing that road rage is a problem on North Texas’s roads. Moreover, road rage may represent a new complication in civil litigation. Are you concerned that road rage may have played a part in your accident? Do you know how that may influence your legal rights or potential for recovery? Find out by talking to the lawyers at the Dallas law firm of Fears | Nachawati. For your free consultation, call 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm.

Number of Uninsured Texas Drivers Declines, Improves Likelihood of Recovery

For drivers involved in an automobile accident, one of the most challenging barriers to recovery for personal injury and property damage is the extent to which the responsible driver is insured. Unfortunately for many accident victims, some careless drivers are underinsured or uninsured and, as a result, fail to fully pay for the harm they cause.

Fortunately, there’s good news: in the last year, the number of uninsured drivers in Texas has fallen by nearly 40 percent, according to the Texas Department of Insurance. Although the number of uninsured or underinsured drivers – 2.6 million – is still remarkably high, this number is down considerably from its 2011 figure, 4.2 million Texans. Officials report that the significant downshift is the result of getting improperly insured drivers off the road and cleaning up the state’s database.

Have you been involved in an accident with an underinsured or uninsured driver? You may have options that you haven’t considered. Find out the full range of your choices by talking to the automobile accident professionals at Fears | Nachawati. With years of experience and dedicated expertise, we know how to fight for you. For your free consultation, call 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm.

Tensions – and Risk of Injury – High at Occupy Dallas Protest

For more than a month, the members of Occupy Dallas, a protest movement located at a small park near the Dallas City Hall, have availed themselves of their rights to freedom of assembly and freedom of speech. A Tuesday ruling in federal court granting permission to the City to evict the protestors, however, has put the future of Occupy Dallas on precarious footing. In fact, Occupy Dallas’s eviction is literally now just a phone call away, from Mayor Rawlins to Police Chief Brown.

The increased likelihood of eviction also raises the potential for the use of force – and the possibility of personal injury. Injury to an individual often results in expensive health care costs. But in what circumstances have an injured victim’s rights been violated? And what kind of recover is available to injured victims? These are important questions that don’t always have easy or intuitive answers. Finding out about your rights is important!

Fears | Nachawati specializes in personal injury claims. Personal injury can occur at the most unlikely times and places. The protestors at Occupy Dallas, for instance, could wake up tomorrow with a bloody nose – and a valid legal question about whether their rights were violated. Likewise, automobile accidents also find themselves facing questions about pain and suffering every day. If you or a loved one has been hurt, your response should be immediate: give our experts a phone call. We can help you understand your rights – and whether you have a valid claim against the party that injured you. For your free consultation, call 1.866.322.6898 or email http://www.fnlawfirm.com/contact.cfm.

Train Accident Victim on Road to Recovery

A month ago, Paul Young, a railroad worker, was the victim of a horrendous accident at a Fort Worth rail yard. As a result, Young lost both legs and an arm and was required to undergo an astonishing ten surgeries. Today, Young is on the road to recovery at JPS Hospital thanks to faithful, highly skilled medical care.

Occupational injuries can be physically, emotionally and financially catastrophic. If you’ve been in an accident at your workplace, you need support to recover. Find the strength you need by contacting the personal injury experts at Fears | Nachawati. We can negotiate with your employer to secure the recovery dollars you need to return to normal. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!