Accident on 80

Published on: May 18, 2016

Aurora Movie Theatre Shooting May Present Interesting Questions for Future Cases

When James Holmes walked into the Cinemark movie theatre in July of 2012 through an exit door he propped open and shot to death 12 people and injured 70 others, there had been nothing like that sort of attack in a movie theatre in recent history. The victims and families of victims have since filed a civil suit in Pueblo County, Colorado court where trial is currently taking place in a wrongful death and premises liability suit.

According to Courthousenews.com, because nothing like this has ever happened before, Cinemark’s attorneys are asking the court whether or not Cinemark should have known that a violent crime could happen. Cinemark has taken the stance that regardless of increased security, Cinemark would have been unable to stop the attack from happening. From their point of view, nothing like this had ever happened, so increased security would not have been able to thwart it without prior knowledge the attack could or would occur.

To quote Cinemark attorney, John Roach, “A widely motivated armed to the teeth killer with enough firepower to take out a small municipality with no plans to return home to a bomb-infused apartment … he couldn’t have been deterred by a camera. A camera doesn’t deter armed robberies across the country.” (via courthousenews.com).

Published on: May 18, 2016

Compiling Medical Damages in Personal Injury Cases

by Guest and Gray Law Firm

In a typical personal injury case, there are a variety of “damages” that you may have incurred as a result of the accident. If you received injuries from the accident, then it is very important get copies of medical information, and the amount of money you or your insurance company have paid out as a result of your injuries.

When you first meet with a personal injury attorney, one of the first things they will want to know is the extent of your injuries, and whether those injuries will affect your ability to work/live in the future. It is helpful to bring copies of medical statements and information so that the attorney will be able to get an idea of the scope of your injuries, but at the initial consultation it is not 100% necessary. But if I were you, I would.

Once you have signed a representation agreement with an attorney, they will request that you immediately get them all of your current medical billing and information from the accident. They may request your office visit notes from each visit. They will also request what are called “Explanations of Benefits” or “EOBs” from your health insurance provider. EOBs are an explanation of the amount of benefits you have used during the current year/month, etc.. It is a helpful tool to determine how much your injuries have cost your insurance company. The attorney will also want to know exactly how much you have paid out of pocket. Providing receipts for things that you have paid for, and even providing a mileage accounting for travel to rehab and doctor’s visits as a part of your ongoing recovery will be requested.

Published on: April 22, 2016

Driver Error in Trucking Accidents

by Guest and Gray Law Firm

Although most truck drivers understand the risks they face on the highway, there are many truck drivers who are not operating their rig in a manner that is safe to the public.

Most truck accidents that involve driver error include one or more of the following factors:

driver fatigue;

Published on: April 19, 2016

Common Causes of Truck Accidents: Distracted Driving

by Guest and Gray Law Firm

Distracted driving has become an absolute epidemic on American roads. Texting, Tweeting, Facebook, Reading, you name it, you can do it from your phone. Distracted driving kills thousands of Americans every year. According to stoptextsstopwrecks.com in 2013, 3,154 people were killed and an estimated additional 424,000 were injured in motor vehicle crashes involving distracted drivers. Although this represents a 6.7 percent decrease from 2012, there were 424,000 people injured in 2013, which is an increase from the 421,000 people who were injured in 2012.

Distracted driving affects Truck drivers as well. They spend more time on the road than we do. These operators, like all other drivers on the road, have a responsibility to stay focused on the road. You would think that driving a large vehicle with many blind-spots would force truck drivers to stay focused on the road. However, just like anything that becomes a habit, it is easy to go on auto-pilot and allow distractions to take our minds off of the task at-hand.

But the truth remains that operating a commercial vehicle requires a driver’s full attention, even if the person has years of experience driving these large, powerful vehicles. Any attempted multitasking while driving can prove dangerous for both truck drivers and other motorists on the road. Should a truck driver cause an accident because of these distractions, he or she should be held accountable for the injuries he caused.

Published on: April 17, 2016

Common Causes of Truck Accidents: Tire Blowouts

by Guest and Gray Law Firm

Though collisions with large trucks are less common than accidents with other passenger vehicles, the mortality rate increases dramatically. This is because the sheer size and weight difference between a standard car and a standard commercial truck weighing in at about 20 times the weight of a car. This, inevitably, makes all the difference in the outcome. What can further exacerbate the situation is a tire blowout on a large commercial truck, like an 18-wheeler. When something goes wrong with a vehicle that is that big, and is moving that fast, it can have absolutely devastating consequences.

You say, “oh, but that does not happen very often.” Well, how often do you see 18-wheelers pulled over on the side of the road fixing a tire? Drive on the interstate for a little while and you’re bound to see one pulled over. Better yet, drive on the interstate and look at all the pieces of tire you see littering the sides of the highway: many of those full strips you see came from big rigs unraveling a full tire while driving down the highway. The truth is, it happens, and when it happens, it can be a very dangerous and difficult situation for any driver to handle.

In fact, one of the leading causes of truck accidents are tire blowouts. A blowout may cause a driver to lose control of the vehicle and become a hazard to the highway.

Published on: April 12, 2016

Common Civil Rights Claims and What to do If You are A Victim

by Guest and Gray Law Firm

Civil Rights claims fall under Section 1983, and is the primary avenue for victims of police misconduct. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or promulgated federal law.

The most common claims brought against police officers are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force. Another aspect of these claims we need to be aware of is the concept of qualified immunity. Because it is the first roadblock to any Civil Rights claim against a police officer, lets begin our discussion there.

What is Qualified Immunity?

Published on: April 6, 2016

Civil Rights Claims in General

by Robert Guest

Civil Rights Claims

Our Constitution provides numerous protections for its citizens, and these protections are often referred to as our civil rights. However, just like any legal issue, it is up to aggrieved party(s) to assert their claims for any civil rights violations. This means it is up to you to either file a complaint on your own, or seek out the help of a licensed attorney to purse your claims for you. These claims may be pursued under section 1983 of the U.S. Code. It is a civil rights complaint that allows you to seek redress against the state or federal agency that have violated your rights.

This article provides basic information about filing discrimination and other civil rights claims; the importance of filing your claim with the government before initiating a lawsuit; the government’s role in enforcing civil rights laws; and related information.

Published on: March 19, 2016

Overview of Bus Accident Claims in Texas

by Guest and Gray Law Firm

With the many thousands of miles of highway and destination places like Dallas, San Antonio, Austin, and the Big Bend region, Texas is a haven for bus companies, charters and local city bus transportation. Whether it be a city owned bus, such as a DART bus, or a privately owned charter bus going from El Paso to Longview, you are likely to see a bus on any of our city streets and major highways.

The prevalence of buses on our transit system, along with increased 18-wheeler traffic, combined with a growing population, our highways are crowded. This creates the inevitability of accidents, including bus accidents between other commercial vehicles, and the often devastating accidents between buses and passenger vehicles.

If you have been injured in an accident, you need to know who to contact for help, and what type of claims you may have against the bus driver, the bus company, the local city government, and sometimes even a products manufacturer for a defect that contributed to the accident.

Published on: February 26, 2016

Inmates injured in accident near Tarrant County Courthouse in Fort Worth

by Guest and Gray Law Firm

FORT WORTH — A Tarrant County Sheriff’s Office van transporting inmates was involved in a three-vehicle crash in north Fort Worth Tuesday afternoon.

In all, four people, including two inmates, were seriously injured and nine others suffered non-life-threatening injuries.

According to Fort Worth Fire Department officials at the scene, an SUV following the transport van failed to stop when it came upon traffic on the access road of Interstate 35W at about 1:30 p.m. The SUV slammed into the back of the van, injuring 10 on board.

Published on: February 15, 2016

Drunk Driving Accidents Continue to Rise in Texas

by Guest and Gray Law Firm

The Statistics Are Astonishing

Every year I check to see what the statistics for drunk driving in the state of Texas once they are released by Texas Department of Transportation. As of today, the 2015 records are not out yet, but if the 2014 numbers are indicative of what 2015 numbers will be like, the numbers will be simply astonishing.

In 2014, there were 925 fatal alcohol related crashes, and 1702 accidents that involved injuries that produced critical injuries, in the state of Texas. Of those accidents, 1,041 Texans were killed, and 2,328 people were left with permanent debilitating injuries.