Check out all the latest news and updates from The Law Offices of Tim O’Hare in our blog. From tips about pursuing legal action to news about Personal Injury Cases, we offer a variety of insights about Personal Injury Law. We can help you understand the world of Injury, Wrongful Death and Insurance Law, so be sure to check back frequently to read our posts. Do you have questions about our posts or have you suffered an injury from someone else’s negligence? Contact The Law Offices of Tim O’Hare today to find out how we can help.
Texas leads the nation in drunk driving crashes. In fact, the number of fatal crashes in Texas that involve a drunk driver is 10 percent higher than the national average. Last year, nearly 5,000 drunk driving crashes happened across North Texas.
Five thousand.
There’s “no other place … in this nation where we are more likely to be killed by a drunk driver,” according to Mothers Against Drunk Driving (MADD).
According to car accident statistics, drunk drivers in Texas who are at fault in a fatal car crash were four-and-a-half times more likely to have prior DWI convictions, making Texas the fourth-worst state for deadly car accidents involving repeat DWI offenders.
Earlier this year, former Dallas City Council member, Carolyn Davis, and her daughter, Melissa Davis-Nunn, were killed after a man who was driving drunk crossed the median and crashed head-on into the vehicle carrying Davis and her daughter. The 36-year-old has a long criminal history including five prior DWI convictions, yet he had only served two months of prison time. Now, he is charged with two counts of murder and faces life in prison.
It’s time for Texas to get tough on drunk driving. In the Lone Star state, a driver’s first DWI conviction is a Class B misdemeanor and the second DWI offense is a Class A misdemeanor. Only after a third offense can a drunk driver be charged with a 3rd degree felony. But even after a driver is convicted of his third, fourth or fifth DWI offense, he will typically receive probation or perhaps a light jail sentence.
Drivers can also be charged with a felony in Texas for a DWI offense if they drove while intoxicated with a child under 15 in the vehicle. In such a case, the driver may be sentenced to jail for no more than two years or no less than 180 days and made to pay a fine not to exceed $10,000.00.
If the drunk driver caused a car accident where another person suffered serious bodily injury, the driver may be charged with intoxication assault, a 3rd degree felony, and may serve between 2 and 10 years in prison and be fined up to $10,000.00. For this conviction, the offender will also be ordered to no less than 160 hours and no more than 600 hours of community service.
How many more innocent lives must be lost for lawmakers in Texas to keep convicted drunk drivers off the roads?
If you have been seriously injured or lost a family member in a drunk driving accident, contact the experienced Dallas – Ft. Worth car accident injury lawyers at The Law Offices of Tim O’Hare.
Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020
Although child safety has evolved over the years, car accidents remain the leading cause of death in children ages four and under. In November 2018, the American Academy of Pediatrics issued a change in recommendations regarding best practices for child car seat use and safety. The new policy statement includes five evidence-based recommendations to optimize vehicle safety for children.
While car seat laws in Texas have not changed, the Texas Department of Public Safety strongly encourages parents and caregivers to follow these new AAP guidelines.
What does the American Academy of Pediatrics recommend?
Infants and toddlers should sit in a rear-facing car seat as long as possible, until they reach the highest weight or height allowed by their car seat’s manufacturer.
Children should sit in a forward-facing car seat from the time they outgrow rear-facing seats as long as possible, up to the highest weight or height allowed by their car seat manufacturer.
Belt-positioning booster seats should be used from the time a child outgrows a forward-facing seat until the vehicle lap and shoulder seat belt fits properly, typically when the child reaches four feet, nine inches in height and is at least eight years of age.
Lap and shoulder seat belts should be utilized for children who have outgrown booster seats.
All children younger than 13 years should ride in the rear seat of vehicles.
Every transition from one stage to the next is associated with a decrease in protection, so parents are encouraged to delay transitioning their child as long as possible.
What are the laws in Texas?
Under Texas law, all children under eight years of age, unless taller than 57 inches, are required to be in an appropriate child safety seat system whenever they ride in a passenger vehicle. The safety seat must be installed according to the manufacturer’s instructions. Although not required by law, Texas recommends rear-facing seats for all children until they either turn two years old or reach 35 pounds.
Even the best parents can make mistakes when it comes to child safety. Research suggests that as many as 95 percent of families fail to install their infant’s car seat correctly and many older children aren’t safely secured in a booster seat when doing so is necessary for the child’s safety.
Recommendations for your child’s safety in a vehicle are based on evidence. According to the National Highway Traffic Safety Administration and the Journal of Pediatrics, a devastating 43 percent of kids killed in car accidents are either unrestrained or improperly restrained.
Are you doing enough to protect your child? Take some time to check and double check that your child is using the appropriate car safety seat and that the seat is properly installed in your vehicle. If you are unsure whether or not your child’s seat is properly installed in your vehicle, schedule an appointment for a free safety seat check-up at one of the 25 Texas Department of Transportation district offices. Many local police stations and fire stations also have staff certified to inspect your child’s safety seat.
It’s summer in Texas, and that means children, families and adults are spending more time in the water. Swimming, boating and visiting water parks are all popular ways Texans stay cool during the summer months, but for some families, a day spent at the lake or in the pool can quickly turn tragic.
Drowning is a serious concern for parents of small children, and for good reason. According to the Centers for Disease Control and Prevention, drowning ranks among the leading causes of accidental injury death in the United States. Drowning claims more lives of children under four than any other cause of death, except for birth defects.
Here are some other heartbreaking drowning statistics:
About 10 people die every day in the United States from drowning (excluding deaths in boating incidents), according to the National Safety Council.
Nearly 90 children under age 15 drowned in a pool or spa between January and May 2019, according to the USA Swimming Foundation.
The USA Swimming Foundation also reports that every year, about 19 children drown during the Fourth of July holiday alone.
Seventy-four percent of drowning incidents for children under 15 between 2015 and 2017 occurred in residential locations, according to the Consumer Product Safety Commission.
Boys under 15 are twice as likely to die from drowning than girls, according to CPSC.
The Texas Department of Family & Protective Services reports that 91 children fatally drowned in 2018.
So far in 2019, at least 56 children in Texas have lost their lives due to fatal drowning accidents.
Drowning—whether it happens in a swimming pool, spa, lake or other body of water—happens quickly and often silently. It rarely involves splashing, thrashing of arms, or audible struggling. Although nobody is entirely drown-proof, there are some steps we can all take to ensure children and adults are safe when they are in or around water.
Here are 10 safety tips to help prevent accidental drowning:
1. Always watch children around water. Anytime you are around water, assign an adult with you as Water Guardian to watch children at all times, even if you are at a pool with a designated lifeguard. Being a Water Guardian means putting down distractions like phones and keeping your eyes on the water. Children should never be in or near water without supervision. Adults should learn how to recognize a swimmer who is in trouble.
2. Learn to swim. Children and adults of all ages should be taught to swim. Statistics show that participation in formal swimming lessons is associated with an 88 percent reduction in the risk of drowning in children ages one to four.
3. Wear lifejackets. Children who cannot swim should wear a properly-fitted life jacket or U.S. Coast Guard approved floatation device whenever they are in or around water. Children and adults should always wear life jackets when boating or swimming in natural bodies of water, such as lakes, rivers or oceans, regardless of their ability to swim.
4. Restrict access to water. Residential pools are the most common sites for accidental drownings in young children, according to the CDC. Pools and spas should have a four-sided barrier or fencing (not using the home as one side of the barrier) that is at least four feet in height with gates that are self-closing and self-latching.
5. Monitor your home for drowning hazards. Even without a swimming pool or spa, there are water dangers present in and around residential areas. Some hazards include bathtubs, kiddie pools, toilets, buckets, washing machines, ice chests, open fish tanks and more. Sadly, many children under the age of one have lost their lives in bathtubs, buckets and even toilets. Never leave a child unattended in the bathtub or around other water bearing containers in the home.
6. Always check water sources first. If a child goes missing, always thoroughly check water sources immediately. Walk around the perimeter, checking the water surface and the bottom as well. Be thorough but quick.
7. Teach children to stay away from drains. Drains pose a hidden hazard to children and defective or out-of-date drain covers can trap a swimmer’s hair, jewelry, clothing or extremities.
8. Beware of the dangers of swimming in open water. Open water can present hazards unique to oceans, lakes, rivers, ponds, etc. Dark, murky water and currents can quickly turn dangerous. Always swim near a lifeguard when possible. Never swim alone and always have a buddy when kayaking, canoeing, paddleboarding, etc. Obey posted rules and warnings. Learn to recognize a rip current and how to safely get out of one. Children and weak swimmers should always wear a U.S. Coast Guard approved life jacket.
9. Avoid alcohol when swimming or boating. Consuming alcohol while swimming or boating can be dangerous. As blood alcohol concentration rises, risk of drowning increases. If you are an adult responsible for children who are swimming, do not drink while children are in or around the swimming pool. Alcohol is a distraction and diminishes judgment, increasing drowning risk for the children for whom you are responsible.
10. Learn CPR. Timely and effective CPR can save lives. Learn how to administer CPR to children and adults, and refresh your skills yearly. The American Red Cross and the American Heart Association are just two organizations that offer CPR certification courses.
If you or someone you know has experienced a drowning injury or death in the family due to negligence, contact the personal injury attorneys at The Law Offices of Tim O’Hare today.
Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020
Spinal cord injuries are some of the most debilitating injuries a person can suffer. Injuries to the spine can occur for a number of reasons, including a car accident, workplace injury, slip and fall, medical malpractice, truck accident or acts of violence.
Any time a spine injury occurs, the results can be devastating, both physically, emotionally and financially. Severe pain, permanent disability, financial hardship and costly medical bills are unfortunately common for anyone who experiences an injury to the spinal cord.
The spinal cord is part of the central nervous system and acts as an extension of the brain to the rest of the body. It is a delicate bundle of cells and nerves, protected by the spinal column. In some cases, an injury causing damage to the spinal column may also cause damage to the spinal cord, potentially altering the victim’s functional control over parts of his or her body. In most cases, a severed spinal cord can not be treated or repaired, leaving the victim to adjust to a “new normal.”
Not all spinal cord injuries give rise to a personal injury claim, but individuals who suffer spine injuries as the result of another person’s (or corporation’s) negligence or a defective product may be entitled to compensation. In a spinal cord injury lawsuit that is based on negligence, the victim and his or her attorney must prove that the defendant’s negligent act lead to the victim’s injury. The same is true in cases where a defective product may be to blame; the injured party must prove that a defective or broken product resulted in serious injury to the victim.
Filing a personal injury claim because of a spinal cord injury can be a complicated process, one that is best left in the hands of an experienced personal injury lawyer, who has handled spinal cord injuries.
If you have suffered a spinal cord injury due to someone else’s fault, you may be entitled to a personal injury claim to recover your losses. If you have suffered a spinal cord injury as a result of a car accident, truck accident, motorcycle accident, job injury or slip and fall, contact the experienced legal team at The Law Offices of Tim O’Hare today. We will help you receive all due compensation for your injury or loss.
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Wrongful death lawsuits are regularly associated with medical cases where there is a claim of negligence in the death of a patient. But wrongful death cases can come from a car or trucking accident, on-the-job death, a defective product or a host of other scenarios.
In order to determine if a wrongful death lawsuit exists, we must first understand the laws regarding injury accidents and death due to negligence. Unfortunately, this is not a simple task as the laws can be confusing, at best.
There is no amount of money that could ever fully compensate a family member for the loss of a loved one. However, when one person’s death can be attributed to the negligence of another individual, corporation or other entity, survivors of the victim may be entitled to monetary damages and can sue the negligent party in a wrongful death lawsuit.
Laws applying to wrongful death cases often vary from one state to the next, but in a wrongful death case in the state of Texas, only spouses, children or parents of the decedent are eligible to recover damages in a lawsuit. There is one exception: the executor or personal representative of an estate can bring a case for the damages suffered by the decedent to pass that money on to the decedent’s heirs. In Texas, the statute of limitations in wrongful death cases is two years. If more time has passed since the death occurred, a wrongful death suit cannot be filed in most circumstances.
In order to win a wrongful death lawsuit, four elements must exist:
The death was caused by the conduct of the defendant;
The defendant was negligent or reckless with the victim’s wellbeing;
The defendant owed a duty to the victim; and
Damages have resulted from the death (this one is obvious if the other elements are met.)
Plaintiffs in a wrongful death suit (spouse, children, parents and/or a representative of the decedent’s estate) may be awarded two types of damages: compensatory and punitive damages. Compensatory damages may be awarded to cover medical and funeral expenses, loss of future income or support and grief or loss of companionship. The intent of punitive damages is to punish a defendant for gross negligence. As such, punitive damages are awarded by a jury based on the defendant’s actions leading up to the death.
Have you lost a loved one as a result of what you believe to be the negligence of another person or entity? Death due to a car accident, motorcycle accident, construction accident, job injury or another negligent or reckless situation may constitute wrongful death. Contact the experienced legal team at The Law Offices of Tim O’Hare today. We will guide you through your options, pursue a wrongful death claim if warranted and ensure you receive all due compensation for your loss.
Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020
Memorial Day weekend is the unofficial start of summer, as children in many districts across Texas are out of school. May is also Seat Belt Safety Awareness Month, and law enforcement agencies across the country and across Texas are stepping up their efforts to make sure all drivers and passengers are wearing a seat belt.
The annual Click It or Ticket campaign aims at enforcing seat belt use to help keep travelers safe as they drive to their summer destinations.
In 2018, more than 2,623 people who were not wearing their seat belts were killed or seriously injured in a car crash in Texas. “Simply remembering to put on your seat belt increases your chances of surviving a crash by 45 to 60 percent,” says Terry Pence, TxDOT Traffic Safety Director. In 2017, seat belts saved nearly 15,000 lives across the country.
In Texas, if you are pulled over and found to be not wearing a seat belt, you could face fines and court costs up to $200. Why put yourself or your passengers in danger? Buckle up for every ride, whether you are on a country road or on the interstate, traveling cross country or just down the street.
Keep your family safe on the roads this summer. First and foremost, ensure every passenger, children and adults, are properly restrained. While you’re on the road, remember these summer driving safety tips from NHTSA:
Stay alert. Stop along the way to stretch and get something to eat and drink. Change drivers if you’re feeling drowsy. Take time while you’re stopped to return any phone calls or texts so you won’t be tempted to drive distracted.
Share the road. Warm weather means more motorcyclists and bicyclists are on the roads, as well. Remember they have the same rights, privileges and responsibilities as every motorist, but are also more vulnerable. Leave more distance between you and a motorcycle.
Be mindful of pedestrians. Stop for pedestrians in a crosswalk and keep your eye out for pedestrians anytime, anywhere. Do not assume pedestrians can see you and will act accordingly.
Avoid risky driving behaviors. Put your phone down and keep your eyes on the road. Distracted driving includes looking at your phone, eating, drinking, talking with passengers and using in-vehicle technologies.
Don’t drive impaired. Drugs, prescription and over-the-counter medications, and alcohol can affect your safety as a driver. If you plan to drink, designate a sober driver or call a friend or taxi for a ride.
Obey traffic laws. Follow all traffic laws, including posted speed limits. Drive slower if needed based on weather or road conditions.
If you have been injured or lost a loved one as a result of a car accident, contact The Law Offices of Tim O’Hare for a free consultation with an award-winning Dallas car accident attorney.
Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020
Nearly all motorcycle riders involved in accidents are injured — at least half of those are seriously injured. Each year, more than 5,000 people die in motorcycle accidents, and that number has been on the rise in recent years, according to the National Highway Traffic Safety Administration.
May is Motorcycle Safety Awareness Month, and as the weather warms up and we see more motorcyclists on the roads, it’s the perfect time for all drivers to review safety tips to help keep Texas roads safe. Any time you are operating a vehicle on the road — motorcycle, car or truck — you are responsible to do your part to keep all motorists safe, including motorcyclists.
Not all motorcycle accidents are preventable, but many of them are. Share the road with motorcyclists and other motorists and take precautions to avoid an accident that could be prevented. Here are some motorcycle safety tips for all drivers from a 4-time winner of D Magazine’s best personal injury lawyers in Dallas:
Check twice for traffic when changing lanes or turning at intersections. The profile of a motorcycle is much smaller than that of a car or truck. A motorcycle’s small size not only makes it more easily hidden from the sight of other drivers, but it can also make it appear further away than it is. The smaller size of motorcycles can also make it difficult for other motorists to judge how fast a motorcycle is traveling.
Don’t follow motorcyclists at close distances. Some motorcyclists slow their speed by downshifting rather than breaking. Motorists should allow at least three to four seconds following distance, and predict when a motorcyclist in front of them may slow down. When roads are wet, motorcycles can have a difficult time stopping quickly and should be allowed more space from other motorists.
Be aware that a motorcyclist may often change positions in a lane. Motorcycles do not respond to road hazards, such as debris and potholes, as well as other vehicles do. Because of this, a motorcyclist might often be seen changing his or her position within a lane, to avoid potential hazards. Motorcyclists may also change positions in a lane to be seen more easily by other drivers.
If you drive a motorcycle, remember these important motorcycle safety tips:
Get proper training before you ride. Enroll in a class that will train you on how to safely and properly operate a motorcycle.
Keep yourself visible. Wear a reflective helmet and clothing to increase your visibility at night. Always signal before changing lanes or turning.
Use extra caution when road conditions are unfavorable, such as during bad weather, on undivided highways, or poorly maintained roads.
In order to reduce the number of motorcycle accidents that occur each year in the U.S., all drivers must commit to being aware of their surroundings and to share the road with motorcyclists.
If you have been seriously injured or lost a family member in a motorcycle accident, contact the experienced Dallas – Ft. Worth personal injury lawyers at The Law Offices of Tim O’Hare. Tim O’Hare is a motorcyclist and has had his motorcycle license for many years.
Call The Law Offices of Tim O’Hare for your FREE Case Evaluation 972-960-0000 or Toll-Free 888-960-0020
Today is Good Friday. A day where Christians around the globe take time to stop, remember and reflect on the very center of our faith, our world — Christ’s death on the cross.
What is “good” about the death of the Man on whom the Christian faith is centered?
What makes it good is the why behind His death. And what happened after He died.
The death of Jesus was the sacrifice for our sin. Every shameful, wrong, or hurtful thought, word, action. The sin that separates us from God. Christ’s death was the sacrifice for it all.
“He Himself bore our sins in His body on the cross, so that we might die to sins and live for righteousness; ‘by His wounds you have been healed.’” – 1 Peter 2:24
His death on the cross was the bridge that makes a way between us and a holy, righteous, perfect God.
And the best part about Good Friday? We know it doesn’t end there.
But on that day over two thousand years ago, the world may not have known. His enemies believed they had finally brought an end to this Man who had caused such a disruption. The Enemy thought he had won.
But Good Friday was only the beginning. Sunday was coming.
We remember and honor Good Friday because we know we have Sunday to celebrate. Sunday — the day Jesus defeated sin and death. The day He overcame evil. The day He rose from the grave.
Jesus is ALIVE, and because of His death and His resurrection, we have grace. We have forgiveness. We, too, can triumph over sin and death.
Do you believe?
“For God so loved the world that He gave His one and only Son, that whoever believes in Him shall not perish but have eternal life.” – John 3:16
God gave so we can live. Now and forever more. And all you have to do is believe and confess with your mouth Jesus is Lord to receive this free gift.
“For it is by grace you have been saved, through faith—and this is not from yourselves, it is the gift of God— not by works, so that no one can boast.” Ephesians 2:8-9
This year, an estimated 140,000 people in the U.S. will be injured in a trucking accident. Tragically, nearly 5,000 motorists will be killed in an accident involving a commercial truck, and the majority (74 percent) of those killed are passengers in the car, not the 18-wheeler.
While not every trucking accident is the fault of the truck driver, many are. If you are involved in an accident with a big truck, it may feel like it’s a case of the little guy (you) vs. the big guys — literally.
Proving fault in a trucking accident can be tricky because you must be able to prove that the truck driver broke a law, or that the driver or the trucking company was negligent. There are numerous laws that can apply to truck accident cases, including the Federal Motor Carrier Safety Act, regulations set by the Texas Department of Transportation, local city ordinances and the Texas Transportation code.
Federal Motor Carrier Safety Act — The FMCSA is a group of laws covering large trucks, buses and other commercial vehicles. These laws include how many hours a driver can drive without time off to rest, weight restrictions for 18-wheelers, insurance requirements, regulations regarding inspections and more.
Texas Department of Transportation — TXDOT controls licensing requirements for truck drivers and regulates how large trucks should be inspected and registered.
Texas Transportation Code — In the Texas Transportation Code, which has laws that apply to drivers of all vehicles, there are specific sections that apply to large trucks.
City Ordinances — Depending on the city in which the accident occured, there may be rules that apply only to big trucks, such as weight limits on certain roads and bridges. Some cities require truck drivers to stay in a certain lane on the highway.
Proving that a truck driver or the trucking company was in violation of a law, or that they were negligent — such as driver fatigue, rear-ending you, speeding, following too closely, improper lane change, failing to yield right of way, running a red light or other negligent conduct — to win your case against a trucking company isn’t always easy. In many cases, there is more than one factor at play, such as a driver driving over the speed limit and driving while fatigued. A trucking company may be found liable if the driver wasn’t provided the necessary training, or failed to ensure the truck driver was in compliance with CDL renewal requirements. A lack of proper maintenance, repairs or inspections may also be a contributing factor.
Victims of trucking accidents can receive compensation if they have suffered bodily injury or property damage in a trucking accident caused by the truck driver. But proving the truck driver or trucking company is at fault needs a skilled truck accident attorney. The shear number of laws alone that could apply to your case are justification enough to hire an experienced truck accident attorney if you want to win your case.
If you have been involved in a traffic accident with a commercial truck or 18-wheeler, contact the experienced truck accident lawyers in Carrollton and Dallas 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
Did you know rear-end collisions are the most common type of car accident in the U.S.? According to statistics from the National Highway Traffic Safety Administration, 29 percent of all auto accidents resulting in substantial injuries and fatalities each year are rear-end collisions.
It is a widely-held belief that if you hit another driver from behind, you are always at fault due to basic rules of the road, such as not following too closely, paying attention to the road and not driving recklessly. But is it ever possible that the driver in front in a rear-end collision is at fault?
Who is at fault in a rear-end accident isn’t always 100% clear, and you may be surprised that fault doesn’t always lie with the rear vehicle. A jury may find that the vehicle in front was at fault, or they may distribute fault between both the front and rear drivers. In some cases, a jury may decide it was a no-fault accident.
In cases where fault is distributed between the two drivers, even if you were injured, if you were “more” at fault (51 percent or more of the fault is on your shoulders), you are not able to recover any damages from the other driver.
If you rear-end someone in an accident, it can be difficult to prove that the other driver was at fault, but it is not impossible. In Texas, a “comparative negligence state,” you must be able to prove the other driver was negligent in order to win a claim against them. In other words, you must prove the other driver did something reckless or careless, such as pulling out in front of you and then slamming on their brakes.
This “rule of thumb” is also why, more often than not, the tailing vehicle is found to be at fault. It can be difficult to prove the rear driver was not following too closely, therefore not leaving enough room to stop if needed.
Here are some examples of rear-end collisions where the driver in front may be found to be at fault:
A car pulls out into traffic, misjudging the distance between oncoming traffic and is hit from behind. Drivers pulling out of a parking lot or driveway must always yield right-of-way to drivers on the road.
The front car suddenly slams on the brakes for no reason. These cases are rare and it can still be difficult to prove the driver in the rear was not following too closely.
The car in front changes lanes and suddenly hits their brakes, causing a rear-end collision. Again, these arguments can be difficult to prove.
If you have been injured in a rear-end collision, you may be entitled to recover damages from the other driver for your injuries and lost property. Even if you were the driver in the rear, if the other driver cut you off or pulled out in front of you, you could win your claim.
Contact a personal injury lawyer in Dallas who is experienced at proving fault in rear-end accidents in Texas. Contact The Law Offices of Tim O’Hare to speak with a Dallas car accident attorney today.
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