by Tim O’Hare

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Have you been injured at work, only to learn your employer does not subscribe to worker’s compensation insurance? Wondering what to do now?

Businesses and organizations have the freedom to choose whether or not to subscribe to a worker’s compensation insurance program. Many times, especially in the current state of the economy, companies opt out in an effort to save money. Worker’s compensation insurance plans are designed to protect both the employee and the employer.

When a company subscribes to a worker’s comp insurance plan, they are protected by The Texas Worker’s Compensation Act, an act put into place to protect employers from the legal consequences as a result of an employee’s work-related injury. Companies that choose to carry a worker’s comp insurance plan are covered in the event of an employee injury and the insurance company will cover the injured worker’s medical expenses and a portion of his or her wages. On the flipside, companies that do not carry worker’s comp insurance are not protected by this act.

If you’ve been injured at work and your employer does not carry insurance to cover your injury, you have the option to pursue a claim against your employer for your loss, including medical expenses and lost wages. In this circumstance, you need the help of a personal injury attorney who will stand up for your rights as the injured worker. In non-subscriber cases, the employer will often seek the help of an attorney whose sole purpose is to release the employer from liability in the case, leaving the injured worker with no way to pay for medical bills or recover lost wages.

The Law Offices of Tim O’Hare works with individuals who have “non-subscriber” job injury cases. In a situation where someone is injured at work and his/her employer does not subscribe to a worker’s compensation insurance plan and is negligent, we will get involved. We also take cases where a third party is involved. For example, if an individual driving a car for work is involved in an accident caused by another party unrelated to the company, we will work on behalf of our clients to get fair compensation from the at-fault party’s insurance.

If you have been injured at work, you may be entitled to compensation to cover your medical expenses and perhaps even lost wages. If you’re wondering whether or not you need an attorney or have a case, call us. Theexperienced legal team at The Law Offices of Tim O’Hare will assess your case for FREE, and guide you through the process if we take on your case.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 
972-960-0000 or Toll-Free 888-960-0020

In a society in which lawyers often get a bad reputation due to the antics of a few, it’s important for attorneys to give back to the community to show people that most lawyers are actually caring, giving and generous with their time, money and talents. Additionally, much of what happens today requires knowledge of law. The law touches every aspect of every business, charity and government function. Lawyers who are involved in their communities and with charitable organizations are able to provide that knowledge to organizations in need.

Motivated by the Scriptures in Luke 12:48, which reads, “To whom much is given, much will be required,” Tim O’Hare strives to be an active member of the Dallas-area community, giving of his time and talent to a number of organizations. Tim has previously served as the president of a local Rotary Club, a councilman of Farmers Branch (2005-2008) and Mayor of Farmers Branch (2008-2011). After leaving the Mayor’s office, he became President of the Christian Legal Society of Dallas.

The Christian Legal Society is a group of Christian lawyers who meet for networking, fellowship and service. They currently work with DISD’s Lincoln High School as mentors to students and they serve as mentors to law students at Southern Methodist University.

Tim also serves on the Public Forum Committee and Speakers Committee for the Dallas Bar Association. The DBA is a group of lawyers in the Dallas area who provide legal services to those living in poverty. He is a Founding Board Member of Reclaiming Texas for Christ, which is an organization designed to teach pastors what they can and can’t say or do politically and to disseminate the myth of what pastors can’t do when it comes to politics.

In addition to these legally based organizations, Tim serves as a member of the First Baptist Carrollton budget committee.

Over the years of his community service activities, Tim has experienced a number of memorable moments. While serving with the Rotary Club, the group delivered wheelchairs to people who lived in a low-income apartment complex. Tim recalls seeing the eyes of the people light up, and realizing how meaningful the gift was to them. They also delivered meals for Meals on Wheels, during which they were able to deeply touch the lives of people in need with the simple act of providing a hot meal.

Giving back to your community is a way to put life into perspective. It will teach you to appreciate what you’ve been given and how much you’ve been blessed.

If you are looking are looking for a personal injury attorney with integrity, who will do everything to protect you and your case, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

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Trucking accidents account for nearly 450,000 motor vehicle accidents each year. According to the National Highway Traffic Safety Administration, at least 5,000 motorists die every year as a result of trucking accidents and approximately 140,000 people are seriously injured in large truck accidents each year. Of those killed, 74 percent are occupants of a passenger car, while only 16 percent are occupants of the truck.

A large percentage of those accidents can be related to driver negligence — often on the part of the truck driver. In fact, in 2006, roughly 24 percent of truck drivers who were involved in traffic accidents had a previous speeding conviction. A driver’s negligence can be attributed to one of many factors including:

• Talking on the phone while driving;
• Driving while fatigued or drowsy;
• Driving over the speed limit;
• Aggressive driving;
• Driving while under the influence of drugs or alcohol;
• Inexperienced driving;
• Inattentive driving;
• Improperly loaded or overloaded cargo (in a commercial truck).

In an effort to reduce the number of trucking accidents due to driver fatigue or drowsiness, the Federal Carrier Safety Administration requires trucking companies to comply with these “hours of service” rules:

• Drivers may not drive more than 11 hours after 10 consecutive hours off duty. If the driver is using a sleeper, he or she may split the 10 hours off into two intervals, as long as one is at least two hours long.
• Truck drivers may not drive beyond the 14^th hour after coming on duty following 10 consecutive hours off duty.
• Truck drivers may not drive more than 60 hours in seven consecutive days or 70 hours in eight consecutive days.
• Drivers may not start a seven to eight day driving period if they have not been off for at least 34 consecutive hours.

Victims of trucking accidents can receive compensation if they have suffered bodily injury or property damage in an accident caused by a truck driver’s negligence.

If you have been involved in a traffic accident with a commercial truck, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive the compensation you are due for medical expenses, lost wages, property damage and pain and suffering.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

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If you’ve never been in a situation where you needed the help of an attorney, you may not have a clear picture of how lawyers are a benefit to society. The legal system affects our society in many ways, and lawyers contribute to the growth and freedom of society.

Here are just a few ways attorneys contribute to society:

Attorneys give individuals a sense of security to pursue their life goals knowing someone will have their back if they need it.

According to the Supreme Court Chief Justice of Australia, Justice Spigelman, “Lawyers perform a critical role in the promotion of social order by the administration of the law in a manner which answers the fundamental requirements of justice, namely fair outcomes arrived by fair procedures.” (Read more from Justice Spigelman here.)

While he was speaking of lawyers in Australia, the same is true for lawyers in the United States. Attorneys who practice law with ethics and integrity should contribute to the well being of society by promoting justice through fair procedures.

Lawyers are advocates and advisors for our society. They work to represent individuals and corporations in civil trials, and to promote justice in criminal trials. Attorneys work as advisors to their clients, informing them of their rights, the processes of law and help them navigate the sometimes-tricky legal system.

Without lawyers, individuals would have to research the law and previous judicial decisions and understand how those decisions and laws apply to their circumstances. Attorneys dedicate their lives to understanding the law, and will help apply the law to their clients’ cases with the best interests of their clients in mind.

Lawyers also work to hold corporations, organizations and sometimes even the government, accountable. When a big corporation attempts to take advantage of an individual or small party of individuals, attorneys can work to protect the individual’s rights, and keep the bigger party from strong-arming the smaller party.

If you are looking for a personal injury attorney with integrity, who will do everything to protect you and your case, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

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Unless you have a personal experience with an attorney, your view of lawyers is likely determined by what you see in television dramas and commercials. The general view of lawyers is that they are ambulance-chasing scum bags who would do anything to make a buck. The reality of practicing law is far from what you see on television. While there are attorneys who work to defraud the system and engage in unethical practice, let the bad guys go free and charge astronomical fees, that is not a fair assessment of all attorneys.  But, a few bad apples can ruin the appearance of the entire bunch.

Most attorneys are honest, hardworking and ethical professionals working for their client’s best interests.  Unfortunately, their reputations are marred by the few “bad apples.” You will find dishonest and unethical “professionals” working in any field, but the media will exploit the few cases in which ethics are broken, or wrongdoing is uncovered, and give the appearance all attorneys are the same. The performances and results of the reputable attorneys are often overlooked when the stories of guilty individuals getting off on “technicalities” or under-the-table agreements are reported ad nauseum by the media.

Personal injury lawyers seem to take the brunt of the negative opinion about attorneys. In Dallas alone, there are dozens of billboards and television commercials of personal injury lawyers promising high dollar settlements for individuals injured in an automobile accident. These big claims and false promises make personal injury attorneys look about as respectable as a dishonest used car salesman.

It is true that lawyers, especially personal injury attorneys, have a poor reputation in the public eye. However, if you hire a personal injury attorney with a solid reference for his or her integrity to handle your case, you’ll see that not all lawyers are out to make quick cash on your settlement and only concerned with their winning record. A lawyer with integrity and ethics will work for your best interests. If you have questions about how a personal injury attorney can help you, click here for more information.

If you are looking are looking for a personal injury attorney with integrity, who will do everything to protect you and your case, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation

972-960-0000 or Toll-Free 888-960-0020

Follow The Law Offices of Tim O’Hare on Facebook, Twitter, and LinkedIn.

Under Texas law, drunk drivers can be criminally prosecuted. Drivers caught driving while intoxicated can face jail time, fines and have their license revoked. The state will also prosecute drunk drivers who cause an accident, and the severity of their sentence may be dependent on whether or not injury or death resulted from the crash.

Drunk drivers who cause injury to another individual can face intoxication assault charges, and could spend up to 10 years in prison. Drunk drivers who cause an accident in which a victim dies face intoxication manslaughter charges and could spend up to 20 years in prison. (Read more about Texas drunk driving laws and penalties here.)

Unfortunately, charges pressed on a drunk driver by the state will do little for the victim, other than ensuring another drunk driver was taken off the road, hopefully preventing another accident. If you have been injured or your property was damaged as the result of an accident caused by a drunk driver, you have the right to be compensated for your losses.

These losses may include:

• Hospital bills
• Expense of ongoing medical care
• Repair or replacement of damaged property
• Physical and mental therapy
• Lost wages
• Loss of life

As the victim of a drunk driving accident, or the family of a person killed in a car crash caused by a drunk driver, you have the right to sue the trunk driver to recover your losses. In Texas, under the Dram Shop Act, victims of drunk driving accidents can even sue the bar or restaurant who served the drunk driver for partial compensation.

Ultimately, we know that there is no monetary compensation that can ever replace the loss of a loved one, but it is important that the victim’s family does not bear the financial burden of medical and funeral costs alone.

If you have been injured in an accident caused by a drunk driver, or you have lost a family member due to drunk driving, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury and loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020

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There are nearly 17 million licensed drivers in Texas. According to the Texas Department of Public Safety, roughly 25% of those drivers do not carry liability insurance. Although liability insurance is required by law, there will always be irresponsible drivers who choose to take a gamble, rather than purchase the required insurance.

In Texas, motorists who are caught driving without liability insurance can be fined on their first offense. Consecutive offenses could result in suspension of their driver’s license and even vehicle impounding. In the City of Dallas, uninsured drivers can have their car towed.

In an October 2011 Dallas Morning News article, Jerry Johns, president of the Southwestern Insurance Information Service in Austin, explained that in Massachusetts, the state with the nation’s lowest percentage of uninsured drivers, uninsured drivers could spend up to a year in jail. Johns believes the potential for jail time is a “pretty good deterrent,” and that Texas should enforce similar penalties for driving without liability insurance.

The financial consequences of driving without insurance aren’t the only potential consequences. In the event of an accident where physical injury or property damage occurs, lack of insurance can be devastating to all parties involved. Since 1977, the Texas Insurance Code mandated that all insurance companies doing business in Texas offer uninsured motorist protection as well as underinsured motorist protection. Essentially, drivers who do have insurance, are covering uninsured and underinsured motorists with their policies when they take out Uninsured/Underinsured Motorists coverage. (Hit-and-run drivers are considered uninsured motorists.)

Uninsured and underinsured motorist insurance coverage applies to the policyholder and any family members residing in the same household, as well as passengers in the insured vehicle and anyone driving the insured vehicle with the owner’s permission. Uninsured and underinsured insurance coverage does not apply to vehicles owned by the policyholder that are not listed on the policy.

If you have been injured or have suffered property damage in an accident caused by an uninsured motorist, burden of proof falls on your insurance company to establish the negligent driver was, in fact, uninsured. In the event of injury or the unfortunate event of death in a car accident, working with a trusted personal injury attorney will ensure you receive all compensation due to you.  If you have been injured in a car accident, or have lost a loved one in a wreck, call us. The experienced legal team at The Law Offices of Tim O’Hare will guide you through your case and ensure you get everything you deserve.

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972-960-0000 or Toll-Free 888-960-0020

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Taylor Sauer, Utah State University student, died January 14 after she ran her car into a tanker truck going 80 mph on her way home to visit her parents in Idaho.

She was 18.

Investigators found that Taylor was texting and updating Facebook on her phone while driving. Records show Taylor was sending and receiving both text messages and Facebook communications every 90 seconds during her drive. Taylor’s parents think she was trying to keep herself awake during the four-hour drive.

Taylor’s dad told Today Show host Ann Curry that many teens think they’re invincible. They also think they are so proficient at texting that texting while driving isn’t a distraction. That mindset led to his daughter’s fatal mistake.

It’s ironic, a bit eerie, and very sad to know that Taylor’s last comment on Facebook read “I can’t discuss this now. Driving and facebooking is not safe! Haha.” Taylor knew the dangers. Most likely, she also thought it would never happen to her. But it did.

Is updating Facebook while driving really worth your life or the lives of others?

In Texas alone, distracted driving due to cell phone use is the cause of more than 16,000 deaths each year. Whether it’s a phone call, a text message or a Facebook or Twitter update, using your phone while driving means you are taking your attention off the road and focusing elsewhere. The greatest danger of distracted driving is a significantly reduced reaction time.

In Taylor’s case, she was driving 80mph when she hit the back of a tanker truck that was climbing a hill at only 15mph. Investigators found no signs that Taylor tried to brake before she hit the truck. She was killed instantly.

We can only speculate that had text messages and Facebook not distracted Taylor, she may have seen that truck in time to slow down and avoid hitting it. In Idaho, where Taylor’s fatal accident occurred, there are no laws against texting while driving. Taylor’s parents are working with Idaho lawmakers to change that.

In Texas, there are laws preventing drivers from using cell phones in active school zones. However, as demonstrated in Taylor’s tragic story, the Texas laws may not be enough. Had Taylor been in Texas, her actions would not have been illegal.

Don’t wait for lawmakers to tell you not to use your phone while driving. Learn from Taylor’s story (and countless others). Texting or updating Facebook while driving is not worth your life. Make the decision to put your phone away while driving. If you must make a call or send a text, pull over and stop before you do. The life you save may be your own.

If you have been seriously injured or lost a family member in an accident caused by distracted driving, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injuries or loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 
972-960-0000 or Toll-Free 888-960-0020

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Most states across the country have enacted some form of the Dram Shop Act, which holds bars or restaurants partially responsible in injuries or deaths resulting from drunk driving. The Dram Shop Act has been around in some form or another since the 19^th century, but many states have revised the Act to suit their own individual beliefs on a bar or restaurant’s liability. Only eight states do not have a Dram Shop Act in place, meaning they do not believe a bar or restaurant should be held liable for the actions of its patrons.

Oftentimes in drunk driving cases, it can be difficult for the victim or the victim’s family to receive full compensation for their injury or loss from the drunk driver alone. The Dram Shop Act adds an extra layer of liability, and therefore, for victims, a better chance at obtaining due compensation from responsible parties.

In Texas, the Dram Shop Act can be used to sue a bar or restaurant for compensation for injury or loss resulting in a drunk driving accident. If a restaurant or bar serves someone who is intoxicated, and that person then gets behind the wheel and causes an accident, the restaurant or bar could be found liable. However, in such cases, a restaurant or bar can only be held partially liable.  Under Texas Dram Shop Laws, there could be multiple “proximate cause” parties in one drunk driving case. (Proximate cause is the legal term referring to a liable party that was not directly responsible for the act.) For the success of a lawsuit, is important that all liable parties be named.

Bars and restaurants in the state of Texas do have a defense under the Dram Shop Act. The “Safe Harbor,” defense allows the establishment to not be held liable provided they have met three requirements.

• Employees of said establishment must have been required to receive certification from a TABC approved training program.
• The employee must have actually attended that program.
• The employer must not have encouraged the employee to violate the Dram Shop Act.

If these provisions are in place, a bar or restaurant may escape liability for serving alcohol to a patron who then decided to drink and drive.

Texas leads the nation in drunk driving deaths, and drunk driving is especially prevalent Holidays and special occasions such as St. Patrick’s Day, New Year’s Eve and Superbowl Sunday. Stay safe this St. Patrick’s Day by planning to have a designated driver or take public transportation to and from your St. Patrick’s Day celebration.

If you have been injured in an accident caused by a drunk driver, or you have lost a family member due to drunk driving, contact the experienced legal team at The Law Offices of Tim O’Hare. We will help you receive all due compensation for your injury and loss.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 
972-960-0000 or Toll-Free 888-960-0020

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If you’ve been injured in a work-related injury and assume your employer has insurance to cover your medical expenses, you might be wrong. Your worker’s compensation case is highly dependent on whether or not the company you work for carries worker’s comp insurance. Companies have the freedom to choose whether or not to subscribe to a worker’s compensation insurance program, and many times, companies opt out in an effort to save money.

The Texas Worker’s Compensation Act was put into place to protect employers from the legal consequences as a result of an employee’s work-related injury. Companies that choose to carry a worker’s comp insurance plan are covered in the event of an employee injury and the insurance company will cover the injured worker’s medical expenses and a portion of his or her wages.

Whether or not your employer has an insurance policy in place to cover medical expenses from any potential work-related injuries, if you’ve been injured at work, you are likely entitled to some form of compensation. Navigating the complexities of worker’s compensation laws, however, is not something you should do alone. Instead, turn to a personal injury attorney who has experience dealing with the wide range of worker’s comp cases.

Work-related injury cases fall into one of two categories: injuries covered by the employer’s workers compensation insurance and injuries that are not covered (due either to the nature of the injury or the employer’s lack of insurance). In the instance that an employer does not carry worker’s compensation insurance and an employee is injured at work, most likely that employer will turn to a “non-subscribers” lawyer to help. That attorney’s sole purpose is to release the employer from liability in the case, leaving the injured worker at fault. “Non-subscribers” attorneys can be some of the most difficult defense attorneys to work with.

The Law Offices of Tim O’Hare works with individuals who have “non-subscriber” job injury cases. In the instance that someone is injured at work and his/her employer does not subscribe to a worker’s compensation insurance plan and has shown negligence, we will get involved. We also take cases in which a third party is involved. For example, if an individual driving a car for work is involved in an accident caused by another party unrelated to the company, we will work on behalf of our clients to get fair compensation from the at-fault party’s insurance.

If you have been injured at work, you are entitled to compensation to cover your medical expenses and perhaps even lost wages. If you’re wondering whether or not you need an attorney, call us. The experienced legal team at The Law Offices of Tim O’Hare will guide you through your worker’s compensation case and ensure you get everything you deserve.

Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 
972-960-0000 or Toll-Free 888-960-0020