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Dallas Personal Injury Legal Blog

Innocent By-Standers

April 11th, 2009

On a beautiful, bright and sunny California Wednesday afternoon, four best friends headed to the mall for some serious springtime shopping.

Flying north from the Mexican border along infamous California Highway 94, a stolen Hyundai full of five alleged drug smugglers wove in and out of traffic, with the DEA, Border Patrol, and local law enforcement in hot pursuit.  The suspects ran red lights, drove on the shoulders, drove into on-coming traffic, pushing their little car well past the red-line, sometimes hitting speeds in excess of 120 mph.  The suspects followed Highway 94 as it turned west into San Diego suburbs, heavier traffic, more traffic lights.

Four mall-bound teenaged girls watched the light turn green, and they Read the rest of this entry »

“We’re Thirsty Coach”

April 5th, 2009

The United States Supreme Court recently decided that a high school football coach’s refusal to give a dehydrated player water and care did not “rise to the level of a constitutional violation,” despite the fact that the boy died the morning after his hundred-degree football practice.  The boys’ parents, naturally, sought justice for their departed son, and they wanted to spare thousands of other parents even the thought of the agony they had endured.  Now, the parents wait to find out whether or not a state court will agree that the coach’s negligence was criminal.

Meanwhile, however, all the courts agree that the coach acted with “willful indifference” to the player’s condition, and the parents’ personal injury suit moves forward.  The parents’ attorney, naturally, looks forward to a jury’s finding in their favor and awarding both compensatory and punitive damages.

For athletes’ parents, however, a difficult problem remains: how does a parent determine whether or not to press charges against a coach or school official?  How does a parent know when even to file a claim?  Are coaches and teachers liable for injuries to students’ in their care?  How could they not be held accountable in some way?

Dallas personal injury attorneys ease parents’ concerns and represent their children in Read the rest of this entry »

It’s Just What Kids Do

March 28th, 2009

“I don’t even know exactly what toy it was, what doll or what accessory or whatever,” recalls the careworn father.  “It was just one of those thousand little pieces that make up the ‘complete’ set for the doll, and who cares that it has a little magnet on the back that makes it attach to some little thing on some little place on the doll?”  Dad shakes his head sadly.

“The box says nothing; the toy has no warning label.  There’s no big sign that broadcasts ‘Adult Supervision Required’.  It’s just a silly little doll.”  Dad tries to control tears welling-up in his eyes.  “At least, it’s just a silly little doll until my little girl swallows that dangerous magnetic piece and somehow the magnet in it ravages her entire system.  Digestive system, central nervous system, endocrine system—the magnet somehow Read the rest of this entry »

The Trucking Log

March 26th, 2009

Long-distance truck drivers do tiresome, difficult work, keeping America’s commerce flowing along its highways.  Most trucking companies proudly display their safety records on their trailers, and the law requires drivers to keep detailed logs of their time and mileage, so that they don’t drive too long or too fast on any given day.  No matter what their cargo or destination, America’s long-distance truckers must keep safety first, their highest priority.

Of course, sometimes the bosses get a little nervous because the customers have grown a little anxious about their loads of very perishable goods.  Every now and then, the bosses will offer a little incentive for the drivers to go an extra hour or two, an extra mile or two, adjusting their logs to make it look legitimate.  They conveniently forget that the effects of sleep deprivation are exactly the same as those of alcohol intoxication, and all motorists either forget or don’t know that falling asleep behind the wheel accounts for more serious injuries and fatalities than drunk driving.

In a recent fatal truck accident, a truck driver fell asleep at the wheel, swerving across three lanes of high speed interstate highway traffic, broadsiding one vehicle and hitting another head-on.  Knowing that he would face allegations of negligence, the driver destroyed his log book, but he claimed he had “lost” it in the accident.

Because the victims and their families now had no conclusive proof the driver had exceeded the limits on time and distance, they worried they had no case.  Did they?  Who would know?  How could a jury ever decide what was right and fair for the victims and the driver?

In fact, this case set the precedent for “spoliation,” a rule that says if a professional driver destroys evidence he knows will be used against him, then judges and juries should take the destruction itself as proof of negligence.

A Dallas truck accident or injury dramatically changes the course of a person’s life, affecting relationships, careers, and expectations for the future.  Your trial may last only a few days.  Witnesses and experts will testify, and the judge or jury will render a verdict.  The courtroom proceedings may pass-by very quickly by contrast with the long process of preparation.  But the trial’s results and consequences will last a lifetime.  At The Moore Law Firm, our Dallas large truck accident attorneys never forget that your future is at stake in your case.  Our attorneys constantly remember that people take precedence over issues, and feelings matter more than arguments.  Trust us to care for your needs as well as your rights, and count on The Moore Law Firm to assure justice is served.

If you or a loved one is in need of legal assistance, call the Dallas Injury Lawyers, The Moore law Firm, PLLC at (972) 599-7676 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

Construction accidents in Texas

January 14th, 2009

The nature of construction work is a dangerous one. Tyler construction accidents, while far from routine, are a part of the work. So large is the scale of construction projects and the materials and machines that go into them that, unfortunately, human injury and casualty is inevitable. This has been true for millenia, from the construction of the pyramids to skyscrapers.

However, the simple fact that Longview construction injuries happen should not resign anyone to them, either in prevention or rectification. All parties involved in any construction site bear responsibility for safety of one another, up and down the chain of heirarchy and supervision. Safety procedures and standards are fluid, and evolve over time. Think of the old photographs of construction in the past: workers on steel frameworks, unharnessed, at dizzying heights. One advantage of the intimate understanding of construction work and its intrinsic risk by the very workers who do it is techniques - in design and construction - tend to evolve alongside their own safety procedures. That is, as the industry continues to invent and innovate, it is cognizant of the need for effective safety procedures to go hand-in-hand with any innovation.

Still, in many construction projects, the materials alone involve substantial risk by their sheer volume, weight, and awkwardness. It is unavoidable.

All of this is well-known by Plano construction accident lawyers, who possess the background and experience to litigate with confidence and ease. There is substantial precedence and legal history regarding construction accident law. A qualified, Texas construction accident law firm is staffed by attorneys who know the law and know how to best counsel those affected by such construction accidents.

When negligence or incompetence on the part of any party at a construction site - coworkers, supervisors, contractors, subcontractors, even manufacturers (in the form of defective or faulty equipment) - leads to injury, the injured part has at his/her disposal the legal history and precedent of construction accident law.

If you or a loved one is in need of legal assistance, call a Plano construction accident law firm at (972) 599-7676 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

Hiring a Texas attorney

November 18th, 2008

You would be hard-pressed to find an average citizen who didn’t know how to find a Plano personal injury lawyer. It seems any of us could throw a rock in any direction and more often than not connect with an available, enthusiastic attorney ready to go to work. Though this phenomenon has bred countless lawyer jokes, it is a convenience that most have come to take for granted. The privilege of good representation has nearly become a right, a situation not common in the rest of the world.

And yet, bad lawyers do exist. In this context, “bad” can mean unskillful and inept, but more often might mean a lawyer who is simply not a good fit - not the best fit - for your case. That there can be so many licensed attorneys and yet still some who are not right for you case is largely the result of specialization.

Most law firms tout “practice areas,” those types of cases about which they are most qualified. One firm may advertise specialty in “Family Law” or “Divorce and Custody Cases,” while another touts “DUI/DWI” and “Nursing Home Abuse.” This is a natural consequence of the free market, particularly in a large city in which there are many law firms.

Too often, firms make everything their specialty. Slip-and-fall accidents; car, bus, truck, train and airplane accidents; workers’ compensation; wrongful death; dangerous drugs; and on and on and on. This listing of areas of practice gives the impression that the firm has carefully chosen those cases it will pursue based on in-house skills. But when such a list contains all possible areas of practice, it is really just a catch-all disguised as a specialty.

This is what can make a “bad” lawyer: a firm trolling for cases with the widest net possible. It is simply the nature of personal injury law that areas of practice each have their own precedents, terminology, history, and strategies - consider medical malpractice and all of its ever-evolving, cutting-edge medical jargon and technology, for example. A lawyer or firm working on whatever kind of case might walk through the door will never have the time nor opportunity to get to know the medical malpractice specialty intimately and will thus never be as good as a lawyer who focuses exclusively or almost exclusively on these cases and skills.

Beware the catch-all firm. The jack of all trades is a master of none. You are much better off finding a firm and a lawyer with the specific skills to match your needs and your case. At The Moore Law Firm, we know the value of deep knowledge, and specialize in Plano trucking accidents, personal injury, and wrongful death. We know what we are good at and we know how to keep getting better: winning your case.

We look forward to hearing from you.