Category Archives: Uncategorized

Auto Collisions In Road Construction Zones

Share Button

Road paving workers laying asphault with steam rollers at construction site. ** Note: Slight blurriness, best at smaller sizesRoad construction companies are required to keep the streets and highways under construction safe for use and efficient flow of traffic. While road repairs and improvements are necessary, they can often take a long time and roads may be in various stages of construction for some time. In many cases, it is not feasible to completely shut down a road or highway while construction is underway. In such situations, construction companies must take steps to direct and protect motorists using the roads by make adjustments in the roadway traffic control. The Federal Highway Administration (FHWA) has reported1 that more than 87,000 crashes took place in road work zones in a single year, many of which caused serious injuries to motorists.

Both motorists and construction workers can cause collisions

As you pass through a construction zone, road work zones generally have lowered speed limits and other strict regulations intended to keep workers safe. This is the responsibility of the roadway construction company and their crew to properly mark, direct and warn drivers with traffic control signs. In fact, be aware of other drivers who may not obey the safety rules in a construction zone, and the negligent construction workers or company that do not properly warn and mark the construction zone.

Construction workers can be negligent in many ways that can lead to collisions, which can include:

  • Leaving equipment or obstacles in roadways;
  • Pulling vehicles out into traffic lanes;
  • Not properly warning motorists of road work or not properly directing traffic;
  • Not marking lane closures;
  • Improper roadway markings and signs in the construction zone;
  • Allowing materials to fall into the roadway;

These are a few of the many ways that a construction crew can cause a car crash in a road work zone.

Contact an experienced Dallas car collision attorney as soon as possible

If you have sustained injuries in a crash that occurred in a road work zone, determining who was negligent and should be held liable may be complicated. At the Dallas law firm of Clements & Clements, we have the knowledge and resources to handle even the most complex personal injury cases arising out of motor vehicle collisions. We stand up for the interests of injured individuals who may not know where to turn, so please do not delay in calling 214-827-1122 to schedule a free consultation with our office today.

References:

1http://www.ops.fhwa.dot.gov/wz/resources/facts_stats/injuries_fatalities.htm
2http://www.ghsa.org/html/stateinfo/laws/workzone_laws.html

Will My Personal Injury Case Go to Trial?

Share Button

Closeup of gavel in court roomWhen many people think of a personal injury case, they think of injured victims on the witness stand testifying in front of a jury. In reality, while a small percentage of personal injury cases do have a trial, approximately 95 percent of cases are able to come to an agreement outside of the courtroom.

Insurance negotiations – Many insurance companies of responsible parties make offers that are far too low to cover all of your accident-related injuries and losses. At times, a skilled attorney can negotiate with the company and provide evidence that your offer should be higher. If the insurance company agrees to a favorable settlement, filing a legal claim will not even be necessary.

Mediation – If you do file a claim, it does not mean that trial is necessarily in your future. There are other alternative dispute resolution (ADR)1 tools available and a common one in personal injury cases is mediation.2 A third party mediator will work with you, your attorney, and the other party to come to an agreement. 

Settlement negotiations – If mediation does not work, your attorney can continue trying to negotiate with the other side until the day of trial to come to a beneficial arrangement for you. Many originally stubborn negligent parties eventually agree to settle, if only to avoid the time, energy, cost, and uncertainty of a trial.

An experienced Dallas personal injury lawyer can help you with your case

Even though the significant majority of personal injury cases settle, each individual case should be evaluated and reevaluated throughout the process to determine whether settlement will get you the full amount of compensation you deserve. If trial is necessary in your case, you want to make sure that your attorney has the litigation experience necessary to properly represent you in court in front of a jury. At the Dallas law office of Clements & Clements, our attorneys will always take the course of action that is best for you and will keep you notified of the status of your case. Please call at 214-827-1122 for a free consultation today.

References:

1https://www.law.cornell.edu/wex/alternative_dispute_resolution
2http://en.wikipedia.org/wiki/Mediation

Clements & Clements Appellate Decision on Verdict

Share Button
Wooden gavel barrister, justice concept, legal systemToday, Clements & Clements obtained a victory for every worker across the State of Texas when the Texarkana Court of Appeals affirmed our verdict against Joyce Crane Company, of Longview, Texas.  The jury found, and the Court of Appeals affirmed, that a crane company is never allowed to needlessly endanger the public by losing control of its crane load.  If a crane company, through its operator, fails to control its load and as a result a worker is catastrophically injured, the crane company is responsible for the mayhem it causes.

The verdict will be heard loudly and clearly by construction companies across the State of Texas.  Clements & Clements is proud to have fought this long and hard battle to make construction sites across the State of Texas safer for all workers.

Recovering For Dog Bite Injuries In Dallas

Share Button

Dog Bite Laws TexasAt the law office of Clements & Clements in Dallas, our experienced personal injury attorneys are committed to helping victims injured by dog attacks fully recover for their losses. We have a thorough understanding of Texas dog bite laws, so please call our office today at (800) 750-1126 if you have been through the physical and emotional trauma of a dog attack.

The “one bite” rule in Texas

Unlike many other states, Texas does not have a law specifically setting out how liability is determined following a dog bite or attack. Texas only has laws1 allowing criminal charges against owners of dangerous dogs and for the seizure of dogs that are known to have caused serious bodily harm. The model for dog bite liability was instead established through case law—specifically the judicial opinion in Marshall v. Ranne in 19742, which established the “one bite” rule in our state.

In short, the one bite rule means that dog owners cannot be held strictly liable—which means the victim is not required to make a showing of negligence or wrongdoing—anytime their dog bites and injures another individual. Instead, a dog bite victims must sufficiently show the following in order to recover:

  • The dog had either previously bitten another individual or had acted in a manner that seemed as if it wanted to bite someone; AND
  • The dog owner knew of the previous bite or vicious conduct.

Generally speaking, a dog owner in Texas will not be held automatically liable if this was the dog’s first bite.

Showing negligence in a dog bite case

Dog bite victims may recover, however, if they show that the dog owner negligently handled the animal (even if this was the dog’s first bite). For example, if a dog owner allows his or her dog to run free into a school full of children, he or she will likely be found negligent and responsible for any resulting injuries. Additionally, the owner will likely be found negligent if he or she violated any animal control laws.

Even though Texas has the “one bite” rule, there are still a number of ways that dog bite victims may recover, and you should always contact an experienced Dallas dog bite lawyer to discuss a possible claim.

1http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.822.htm
2http://scholar.google.com/scholar_case?case=1412480852088281470&hl=en&as_sdt=6&as_vis=1&oi=scholarr

What Kinds of Accidents can Cause a TBI?

Share Button

TBI AttorneyTraumatic brain injuries, or TBIs, are among the most serious type of injury a person can sustain and affect millions of Americans each year1. In more severe cases, TBI victims can develop cognitive disabilities that may keep them from working or even from living independently. Consequently, it is very important that people who sustain TBIs make sure that their legal rights are protected by retaining an experienced personal injury lawyer.

The law firm of Clements & Clements has been helping people injured by the negligence of others since 1990. Our attorneys are dedicated to helping people injured in preventable accidents the maximum amount of compensation available under the law. We take all of our injury cases on a contingency fee basis, meaning that you will not be required to pay any legal fees unless we bring your case to a successful resolution. To schedule a free consultation with one of our lawyers, call our office today at (800) 752-1126.

TBIs can occur in a variety of ways

There is almost no limit to the kinds of accidents that have the potential to cause traumatic brain injuries. Among the most common include the following:

In order to be able to recover for your losses, you will need to be able to establish that your accident was the result of someone else’s negligence2. In the context of personal injury law, “negligence” means that a person failed to use the degree of care that would be ordinarily exercised by a reasonable person in a similar situation. The type of conduct that constitutes negligence varies greatly on the circumstances. For example, in the context of a car accident case, a speeding driver would likely be deemed negligent. On the other hand, if the injuries arose from a slip and fall accident, evidence of negligence could take the form of failing to warn customers about slippery floors or unreasonable delay in cleaning a spill

Traumatic brain injuries have the potential of leaving victims with significant economic and noneconomic losses. Call our office today to discuss your case with an experienced Dallas personal injury lawyer.

1 http://www.cdc.gov/TraumaticBrainInjury/

2 http://en.m.wikipedia.org/wiki/Negligence