personal injury

Published on: December 29, 2016

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

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: November 15, 2016

Early Morning Travel Dangers: Fog

by Guest and Gray Law Firm

By and large, fall weather in North Texas is phenomenal. Highs in the low 70’s and the sun is still warm. Cool nights with just enough chill in the air to make you want to put a coat on, but not cool enough to actually make you go inside and put one on. It is a far cry from the 100 degree heat of the summer.

So, you could be thinking, how could such amazing weather lead to danger on the highway? It all has a little something to do with the dew point. The “dew point” is the point at which the air is holding as much water vapor as it can handle. In the fall in Texas, the days can still be fairly warm, but the nights are getting cooler. Because of this, we have a 20-30 degree temperature difference between the day-time high and the overnight low. This is the perfect combination to create foggy morning driving. If you live anywhere near a river, lake, or other body of water, it is likely that you are driving to work in fog every morning this time of year.

The simple and best advice for drivers who are concerned about driving safely in fog is to not drive when fog is present. Driving in fog is laden with variables that you cannot control: other drivers, animals crossing the road, poor visibility… the list goes on. However, if you must drive in fog, follow these safety tips:

Published on: August 15, 2016

Wet Weather and Failing to Maintain Safe Speeds

by Guest and Gray Law Firm

Every year, thousands of drivers around the country are injured in car wrecks where weather played a role in the accident. Dallas-Fort Worth is not an exception to this trend. Especially with the amount of rain we have received over the last two years. Now, after a fairly dry summer, the wet weather has returned and our forecast calls for rain straight through the end of next week.

For local farmers this is exciting news. For most everyone else it means cooler weather. For personal injury attorneys, it means lots of phone calls. Why? Lots of car wrecks occur on North Texas roads when they become wet from the rain.

Under Texas law, “An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.” This means that our State requires drivers to maintain a speed that is safe under the conditions. If you get into an accident in Texas, whoever the police officer believes is at fault will usually receive a ticket for “Failing to Maintain Speed”. If you get into an accident and receive one of these tickets, it is vital to your case against liability to have this ticket dismissed. Your personal injury attorney will usually get you in contact with a ticket attorney to defend the ticket.

Published on: July 20, 2016

Pokémon Go: Driving and Safety Concerns

by Guest and Gray Law Firm

Ever since Pokemon Go came out, it seems to be all the millennials and news channels want to talk about. When the news talks about it, they say one of two things: They emphasize the craze, or they talk about the crazy accidents that have been happening. People are getting so wrapped up in the augmented reality game that they are falling off of cliffs and walking into streets.

We noticed that there is a Pokestop just down the street from our office because ever since the game was released, we have teenagers swirling around our windows at a never-before-seen rate. One day it even seemed like the zombie apocalypse was actually happening. Instead of zombies, they were 16 year old iPhone wielding Poke-drones. I even saw a car stop in the middle of the street near the Jackrabbit sign, the local landmark in our small town, to get the Pokestop.

Because of this, the accident and injury attorneys here at Guest and Gray decided it would be wise to let people know a few facts about accidents and injuries that may occur as a result of playing Pokémon Go.

Published on: June 23, 2016

Drunk Driving and Dram Shop Laws in Texas

by Guest and Gray Law Firm

Drunk driving is a problem across the United States. According to the national highway traffic safety administration, in 2014 approximately 9,967 people lost their lives in drunk driving related accidents across the country. That accounts for nearly 31% of all traffic fatalities.

In our office, we have both experienced personal injury attorneys and experienced DWI attorneys. We see DWI client after DWI client that comes through the door that received a DWI after leaving a bar where they became obviously intoxicated and the bar or restaurant let them go out into the public knowing that they presented a danger to themselves and others.

This is a huge problem here in North Texas. Just look at recent news stories from the last few months. We have countless late night fatality accidents involving allegedly drunk drivers, and some of them were either leaving a bar or restaurant where they had been served alcohol to the point of intoxication. Alcohol related accidents are not just a new phenomenon, in fact we are closing in on 30 years of dram shop liability in Texas for bars, restaurants and others who are licensed to serve alcohol in the state of Texas.

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: January 28, 2016

What is Personal Injury Protection (PIP) Coverage and Why Do I Need it?

by Guest and Gray Law Firm

What is PIP Coverage?

Personal Injury Protection is an optional coverage that is available for a minimal extra cost to your monthly bill. It is a useful safeguard that covers medical costs in the event of an accident. Many people reject the coverage for the simple fact that it adds cost to your monthly bill. However, that should not be the only reason you decline a coverage. Especially one that can be such a great benefit to you in a time of need. There are good reasons to get the PIP coverage, and good reasons for not getting it. But as a personal injury attorney, I can tell you that more often than not having the PIP coverage can help you in many more ways than it can hurt you. The hope is that you never need it, but when you do, it has been a very effective way for our clients to get extra cost for medical bills that seem to build up after an accident happens.

How Can PIP Help You?

Published on: December 19, 2015

The Dram Shop Act

by Robert Guest

The Dram Shop Act

In 1987, just a few days after the Texas Supreme Court ruled in El Chico v. Poole, the Texas Legislature enacted the Dram Shop Act. It was established to hold bars liable for over-serving patrons who then went out into public and got into a car accident and injured someone else.

In a standard Dram Shop Case, there is a victim who is injured by another person. The victim in those cases are truly innocent. But the truth is that many people walk into our office here at Guest and Gray and they’ve received a DWI as a result of getting into an accident after leaving a bar where they were served alcohol to excess. These people may have a Dram Shop Case too, even though it was them who became intoxicated and only they were injured.