O’Hare Law Blog

O'Hare Blog

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.


Do You Know the Laws About Dog Bites in Texas?

by Texas Christian Injury Lawyer, Tim O’Hare

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Each day in the U.S., an estimated 1,000 people require emergency care as the result of a dog bite injury. In some tragic cases, those injuries result in the victim’s death. Last year, there were 39 dog bite-related fatalities in the United States. Fifteen of these deaths were children 8-years-old and younger, including eight babies. Twenty-four adults died in 2017 as a result of dog bites, and 18 of those were adults over 50.  

In April, a Dallas woman was mauled by four dogs near Fair Park, leaving her with serious injuries. Those four dogs, including two pit bulls, were euthanized.

Texas does not have an existing dog bite statute, but adheres to the “one bite rule,” meaning a dog bite victim can sue for compensation from the dog’s owner, harborer or keeper only if the dog previously bit a person or acted as if it wanted to, or if the defendant was aware of the dog’s previous conduct. There  are some exceptions to this rule.

Like other personal injury cases, dog bites can be the result of negligence on the part of the owner. If you or a loved one has been the victim of a dog bite, contact a Dallas personal injury attorney who has the knowledge and understanding of Texas dog bite laws to ensure you receive all due compensation for your pain and suffering.

It may be common sense, but here are a few guidelines you should follow — and teach your children — to avoid being the victim of a vicious dog bite attack.

  • Never treat a dog unkindly.
  • Don’t bother a dog who is busy (eating, drinking, etc.)
  • Never approach a dog you don’t know.
  • Remain calm around dogs.
  • If a stray dog approaches you, stay calm and quiet.

Although much of an individual dog’s aggressiveness is due to how it is trained by its owner, some dog breeds are simply more dangerous than others, often due to size and strength. Here are the 10 most dangerous dog breeds.

Pit Bull — Attacks by Pit Bulls account for the most deaths by dog attack in the United States and the highest percentage of unprovoked dog bites.
Rottweiler — The bite of a Rottweiler is extremely powerful, at 1,180 to 1,460 newtons (the measurement of force).
German Shepherd — The bite of a German Shepherd has a force over 1,060 newtons. German Shepherds had the second highest death rate in 2017, killing four people.
Doberman Pinscher — The sheer size and strength of Doberman Pinschers makes them a potentially dangerous dog breed.
Bull Mastiff — Extremely large and intimidating dogs, Bull Mastiffs can weigh as much as 130 pounds.
Husky — Athletic and energetic dogs intended to be working dogs rather than social dogs.
Malamute — These dogs are often known to attack smaller animals as well as humans.
Wolf Hybrid — Any dog that has been directly crossbred with a wolf is considered a wolf hybrid (although all dogs are descendants of wolves). Wolf hybrids can be skittish and unpredictable, and in many states, it is illegal to own a wolf hybrid.
Boxers — Descendants of hunting dogs, Boxers have strong jaws and powerful bites. They are also known as a very protective breed, which can be a good thing in some cases, but can also turn very dangerous.
Great Dane — Often considered “gentle giants,” the sheer size of a Great Dane also makes them potentially very dangerous. A full-grown male can weigh as much as 200 pounds.

The attorneys at The Law Offices of Tim O’Hare know how to deal with dog bites and other dangerous animal cases and will work to maximize your recovery. Laws protecting dog bite victims can be challenging, so you need an experienced attorney who understands the laws specific to your case. If you have been the victim of a dog bite, don’t fight the legal battle alone. Contact one of the the best personal injury lawyers in Dallas according to DMagazine at The Law Offices of Tim O’Hare. We will fight hard for you to make sure you receive the financial recovery you deserve.

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

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

 

By : Tim O'Hare /June 29, 2018 /Blog /0 Comment Read More

Is Your Job a Killer? 10 Most Dangerous Jobs in America

Texas Christian injury lawyer

by Texas Christian Injury Lawyer, Tim O’Hare

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In 1970, Congress passed the Occupational Safety and Health Act (OSHA) to set and enforce safety standards in the workplace. Since that time, workplace fatalities have dropped more than 50 percent, but no matter how many standards and regulations are put into place, some jobs are simply more dangerous than others.

Most of us work in a relatively safe environment and mistakes made on the job rarely result in bodily injury or death. But in some professions, accidents and mistakes can cause great harm and even be fatal.

According to OSHA,  5,190 workers were killed on the job in 2016. On average, that’s more than 99 deaths per week or more than 14 deaths every day. OSHA considers the “Fatal Four” work related accidents to be: falls, electrocutions, struck by an object and caught in or between something.

Which jobs are most dangerous? That depends on how you look at the numbers. One metric used by the Bureau of Labor and Statistics is to look at fatal work injuries calculated per 100,000 full-time equivalent workers — this is the fatal work injury rate. Based on this rate, here are the top 10 most dangerous jobs in America. Is your job one of them?

10. Grounds Maintenance Workers: 17.4 fatal work injury rate; 217 total fatalities.
9. Supervisors of Construction Workers: 18.0 fatal work injury rate; 134 fatalities.
8. Farmers, Ranchers and Agricultural Managers: 23.1 fatal work injury rate; 260 fatalities.
7. Truck Drivers and Other Drivers: 24.7 fatal work injury rate; 918 fatalities.
6. Structural Iron and Steel Workers: 25.1 fatal work injury rate; 16 fatalities.
5. Refuse and Recyclable Material Collectors: 34.1 fatal work injury rate; 31 fatalities.
4. Roofers: 48.6 fatal work injury rate; 101 fatalities.
3. Aircraft Pilots and Flight Engineers: 55.5 fatal work injury rate; 75 fatalities.
2. Fishers and Related Fishing Workers: 86.0 fatal work injury rate; 24 fatalities.
1. Logging Workers: 135.9 fatal work injury rate; 91 fatalities.

If you have suffered an injury at work, you may be entitled to financial damages. Monetary damages you may be able to recover include any medical expenses you incurred as a result of the workplace injury, including doctor and hospital bills, medications, therapy and other related medical expenses as well as expected future medical expenses. You may also be entitled to receive payment for pain and suffering, mental and emotional anguish, lost wages and benefits, future earnings and diminishment of enjoyment of life due to your injury.

In cases where a workplace injury was the result of gross negligence on the part of another individual or entity, such as an employer or manufacturer, you may be able to collect punitive damages to punish the wrongdoer and to prevent the misconduct from being repeated in the future.

If you have suffered an injury while on-the-job, 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

 

By : Tim O'Hare /June 12, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

7 Tips for Safe Summer Driving

by Dallas Car Accident Attorney, Tim O’Hare

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Driving during the summer months can feel deceptively safe. After all, there’s no ice on the roads. The weather is hot and dry, keeping roads relatively dry. But statistics actually show that summer is a riskier time to be on the roads. In fact, according to the Insurance Information Institute, August is the deadliest month on U.S. roadways.

What makes summertime more hazardous for drivers? Here are a few factors that can increase summer driving dangers, according to the National Highway Traffic Safety Administration (NHTSA):

Road construction. Not only are there more drivers on the roads during the summer, there is generally more road work being done during the dry summer months. Each year, nearly 700 fatality accidents occur in construction zones. If you’re driving through a work zone, stay alert, pay attention to signs and slow down.

Tire blowouts. Hot weather causes hot air inside your tires to expand. The older and more worn the tires, the higher the risk. Regularly check your tires for signs of wear and tear and have them replaced as needed. If brand new tires aren’t in the budget, many tire shops offer discounts on lightly worn tires that may be in much better shape than your existing tires.

Teen drivers. The Insurance Institute for Highway Safety reports that 38 percent more teenage driver deaths occur during the summer (June to August) than the preceding three months. During the summer, teens may spend more time driving than during the school year, and because they are less experienced drivers, teenage drivers are at an increased risk for accidents.

More motorcyclists, pedestrians and bicyclists. The warm summer months draw people outside, which means there are more pedestrians, motorcyclists and bicyclists on the road. Share the road, keep your eye out for pedestrians and leave plenty of distance between your vehicle and motorcycles.

Keep yourself and your family safe on Texas roads this summer with these tips:

1. Get your car ready for summer. Test your battery, check your tires, have fluids checked and make sure brakes and lights work properly.
2. Wear sunglasses when driving to avoid the hazard of sun glare.
3. Avoid driving in flip flops, which can easily get caught under the pedals.
4. Evenly distribute weight in your car when packing for a road trip.
5. Avoid distractions including cell phone use and eating while driving.
6. NEVER leave children or pets in a car unattended. Temperatures inside a vehicle can quickly climb to dangerous levels in a few short minutes.
7. Give yourself plenty of time to get to your destination when traveling, and take rest breaks as needed.

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

 

By : Tim O'Hare /May 24, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

My 3 Most Memorable Teachers. Who Are Yours?

teacher appreciation week

by Texas Christian Injury Attorney, Tim O’Hare

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“What a teacher writes on the blackboard of life can never be erased.” Author Unknown

This week we celebrate teachers. Those men and women who tirelessly pour into the lives of children day in and day out. There are few professions which impact a human being for a lifetime. Teaching is one. Teachers are often underappreciated for the work they do, but I couldn’t let Teacher Appreciation Week pass by without taking the time to acknowledge the teachers who left a lasting imprint on my life.

My 5th grade homeroom teacher at Valwood Elementary, Ms. Nancy Jewett, was no doubt the most impactful teacher I ever had. Ms. Jewett made me feel like I could do anything. For the first time I can remember, I began to develop self-confidence; a feeling that I really could do anything in my life. Ms. Jewett brought positivity and energy to her classroom. She simply believed in us — in me. Being in her classroom, you couldn’t help but believe in yourself. Every child deserves to know the feeling of confidence, and a teacher can make or break that. Ms. Jewett was a confidence-maker.

teacher appreciation

Jimmy Gunn was my head football coach at R.L. Turner High School. Mr. Gunn had an incredible work ethic and taught me that hard work always pays off. He taught discipline and that success is a direct result of the effort you exert, whether on the football field or in life. From Coach Gunn, I learned the power of preparation — preparing for excellence; preparing for success. I know that preparation is essential in working toward and achieving your goals, and I have Coach Gunn to thank for instilling that understanding in me.

teacher appreciation

During college, at The University of Texas, I enrolled in a finance class taught by Dr. Bill Petty. Not only was Dr. Petty an excellent educator, he was a man of strong Christian faith and he demonstrated how to incorporate faith and ethics into business. This has become the highest priority for me in the 17 years since The Law Offices of Tim O’Hare opened its doors. Not only did I learn from Dr. Petty in his classroom, he took time to meet regularly with me for lunch. He was willing to invest in me, imparting to me his wisdom and the importance of always doing the right thing in business. In today’s cut-throat business world, many people lose sight of integrity, but thanks to Dr. Petty, I learned early on that integrity is the foundation of business and I believe that wholeheartedly.

teacher appreciation

To those of you who teach, never underestimate the impact you are making on the lives of your students — even the most difficult students will remember the time you invested in their lives and the lessons you taught that extend far beyond the walls of the classroom. And for that, I say a warm, heartfelt thank you.

Which teacher influenced your life the most? Tell us about your most memorable teacher on our Facebook page.

By : Tim O'Hare /May 11, 2018 /Blog /0 Comment Read More

Texas Mom Killed by Drunk Wrong-Way Driver


by Dallas Car Accident Attorney, Tim O’Hare

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Last week, a 31-year-old intoxicated driver killed a young Texas mother after he drove the wrong way on Interstate 20 in Duncanville. A witness captured much of the incident on camera, including good Samaritans who rushed to the woman’s aid in an effort to save her life.

Amberly McCray was just 23 years old and leaves behind a 9-month-old son.

Sadly, this was not the first time the driver who took Amberly’s life has been accused of driving while intoxicated.

Every year, more than 300 wrong-way crashes occur on Texas roadways. The National Transportation Safety Board estimates that wrong-way driving accounts for about three percent of all high-speed highway accidents. Wrong-way crashes on highways are particularly deadly, as they involve a head-on collision between two vehicles traveling at high rates of speed. According to Federal data, approximately 350 people die every year as the result of a wrong-way accident.

Although some of these deadly car accidents can be attributed to driver confusion or medical conditions, many times drugs or alcohol are to blame. A 2012 NTSB special investigation report states that nearly two-thirds of wrong-way drivers in fatal collisions were driving under the influence of alcohol, and at least 57 percent had a blood-alcohol level above .15 percent.

While there is never an excuse for drunk driving, there are things we can do to reduce our risk of becoming the victim of a wrong-way crash:

Drive in the right lane. Most drivers drive in the right lane, which means someone who is driving the wrong way is more likely to be traveling in the left lane of oncoming traffic (the lane to the wrong-way driver’s right).

Avoid driving late at night. Many wrong-way and drunk driving accidents occur in the late hours of the night or early hours of the morning. Whether you are on a road trip or simply traveling home from an evening out with friends, make a point to avoid driving late at night.

Report wrong-way drivers. If you see somebody driving the wrong-way, call 911 immediately. The sooner law enforcement is notified the greater the chance the wrong-way driver will be stopped before causing a deadly accident.

If you have been injured or lost a loved one as a result of drunk driving or a wrong-way car accident, contact The Law Offices of Tim O’Hare for a free consultation with a 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

 

By : Tim O'Hare /April 27, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

Distracted Driving Awareness Month: Eye Opening Facts You Must See to Believe

by Distracted Driving Lawyer in Dallas, Tim O’Hare

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Car accident fatalities are on the rise, up six percent from 2015. Last year, more than 40,000 people were killed in automobile crashes in the U.S. and distracted driving is a major contributor to fatal accidents.

April is Distracted Driving Awareness Month. As a personal injury lawyer who has worked with hundreds of clients who have been injured in or lost a loved one in a car accident, I believe it’s never a bad time to remind ourselves of the dangers of distracted driving and recommit to safe driving practices.

One second. That’s all it takes to change your life forever. Whether it’s your cell phone or your dashboard infotainment system — anything that takes your attention off the road poses a threat to your safety and the safety of others on the road.

Every distracted driving death is preventable. Our roads should be getting safer, not more dangerous. But sadly, statistics show the opposite. As we become more dependent on —  even addicted to — technology as a society, we seem to have forgotten basic principles of safety.

Here are some other eye-opening facts you need to know about distracted driving:

  • Sixty-four percent of all traffic accidents in the United States involve cell phone use.
  • About 421,000 people are injured in crashes involving a driver who was in some way distracted.
  • More than 78 percent of all distracted drivers are distracted because they have been texting while driving. One in every four car accidents in the U.S. are caused by texting while driving.
  • If you text and drive, you spend 400 percent less time looking at the road compared to drivers who do not text while driving, and you are 23 times more likely to be involved in an accident than you are if driving while not distracted.
  • If you text while driving, it only takes three seconds after you take your eyes off the road for an accident to occur. Reading a text message while driving distracts a driver for a minimum of five seconds each time.
  • The average speed in the U.S. is about 55mph. Taking five seconds to read a text at 55mph means the driver travels the length of a football field without looking at the road, or while distracted.
  • Every day, 11 teenagers die because they were texting while driving. Ninety-four percent of teenagers say they understand the consequences of texting and driving, but 35 percent of them admitted that they do it anyway.
  • Teen drivers are 400 percent more likely to be in a car crash when texting while driving than adults.
  • Ten percent of adults and 20 percent of teenagers admit they have entire conversations by text while driving.
  • A study at The University of Utah found out the reaction time for a teen using a cell phone is the same as that of a 70 year old who isn’t using one.

Don’t kid yourself into believing it won’t happen to you. The fact is, it could happen to you and, if you continue to text while driving, chances are, it will happen to you. Remember, last year, Texas lawmakers passed new regulations on cellphone use while driving, making texting while driving illegal in the state of Texas.

The National Safety Council is offering a free, 45-minute Distracted Driving Online Course April 15-21. This course is an excellent safety resource for all drivers, but can be especially useful for teenage drivers. If you have young drivers in your home, consider signing them up to take this course. Visit safetyserve.com/ddam to sign up.

If you have been seriously injured or lost a family member in an accident caused by distracted driving, contact The Law Offices of Tim O’Hare to speak with a Dallas-Ft. Worth distracted driving lawyer.

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

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

 

By : Tim O'Hare /April 11, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

17 Lessons Learned Since Opening The Law Offices of Tim O’Hare

By Texas Christian Injury Lawyer, Tim O’Hare

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Seventeen years ago we first opened the doors at The Law Offices of Tim O’Hare. With five years of practicing law under my belt, I was ready to branch out on my own, serving clients who had been victims of negligence, drunk driving or malpractice.

Reflecting on the last 17 years, I see the many ways God has blessed my life, my family and my practice during this great adventure. Always looking to learn and improve the way I live my life and the way we do business, I wanted to take some time to share 17 lessons I’ve learned in the last 17 years.

  1. Honor God with your first fruits.
  2. You can never pray too much.
  3. Nothing is ever as bad as it seems.
  4. There is always light at the end of the tunnel.
  5. People care far less about how good you are at something, or how much knowledge or experience you have than they do how well you treat them.
  6. A kind word can put somebody on your side for life, a harsh word can make somebody an enemy for life.
  7. The people who work for you are your best resources; treat them like family, not like business expenses.
  8. Strive for excellence in all you do; but not to the point you drive yourself nuts if mistakes are made.
  9. Care for clients like they’re your own family and they’ll be loyal forever.
  10. Always tell the truth and admit your mistakes.
  11. Your reputation is built over a lifetime; but you can ruin it in a matter of minutes.
  12. Technology is always changing, but how to treat people well never changes.
  13. Don’t spend money you don’t have.
  14. Never keep a balance on a credit card.
  15. Live beneath your means.
  16. Treat everyone you meet with respect regardless of how they feel about you or how low society may rank them on the totem pole.
  17. Businesses succeed or fail based on the level of attention they pay to the details.

If you are a client of ours — past or present — we are truly grateful for you and thank you for entrusting your case into our hands. I am fully aware that we would not be where we are today without first my Lord, my wife and family, our amazing staff and all of our wonderful clients. I look forward to many more years serving our community and representing those who have been victims of injury.

If you or a loved one has been injured or a loved one killed as the result of an accident or another person’s negligence, contact contact Texas Super Lawyer, personal injury attorney 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

 

By : Tim O'Hare /April 06, 2018 /Blog /0 Comment Read More

Bunnies, Eggs or Jesus. What’s Your Focus this Easter Sunday?

by Texas Christian injury lawyer, Tim O’Hare

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Sunday we will gather with family and friends to celebrate what is arguably the most important holiday/event in the history of the Christian faith. The holiday known as Easter by the world — a celebration of new life and spring — is celebrated as Resurrection Sunday by believers around the world.

It is the day we remember Christ’s resurrection from the dead. Friday we celebrate Good Friday, in remembrance of the day Christ took on the sin of the world and was crucified so every man, woman and child could be free from the guilt of our sin. Upon Jesus, the blameless, spotless lamb, was laid the “iniquity of us all.” (Isaiah 53:6)

But the story didn’t end on Friday. The Bible tells us that after three days, Christ was resurrected from the dead, defeating death and overcoming evil once and for all. Victory is His. And victory is yours, if you believe.

John 3:16 tells us that God loved us so much that He gave His only Son that whoever believes in Him shall not perish, but have eternal life. Through Christ we have hope that evil doesn’t win. That death does not have the final word. Through Him, we can live forever with Him.

Jesus was the greatest Gift ever given to man. His birth is celebrated on Christmas, and it’s the mercy in His sacrifice we remember on Easter. He paid the penalty of sin that separates us from God. And in His resurrection, he defeated death, overcoming the grave, giving us the opportunity to live eternally in heaven with Him. All you have to do is believe. By believing in the birth, life, death and resurrection of Jesus to cover the gap between you and our perfect God, you too can have eternal life.

“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

Jesus said to her, ‘I am the resurrection and the life. He who believes in me will live, even though he dies; and whoever lives and believes in me will never die.’” John 11:25-26

This Easter Sunday, enjoy the eggs, bunnies and baskets — but focus on the reason for the celebration – the sacrifice of Jesus and the victory we are able to claim as believers in Him.

By : Tim O'Hare /March 30, 2018 /Blog /0 Comment Read More

Spring Break Travel Safety Tips from Your Dallas Car Accident Attorney

By Dallas Car Accident Injury Attorney, Tim O’Hare

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Spring break is here for many schools across Texas, and for others, it is just around the corner and that means one thing for Texas families: it’s time for travel. With more people on the roads this month traveling for spring break vacation, the potential for car accidents is high. Don’t let a car accident ruin your spring break holiday. Here are a few spring break travel safety guidelines to help ensure the safety of you and your family.

Check your vehicle fluid levels, battery and fill up with gas before leaving. Proper car maintenance and a full tank of gas can go a long way to ensure you don’t become stranded during your travels.

Gather an emergency supply kit. Be prepared with emergency supplies in case of an accident, breakdown or medical emergency. A basic emergency kit should include a flashlight, blanket, first-aid kit, tools and bottled water.

Avoid stopping on the shoulder. Many accidents occur when drivers become stranded on the side of the highway. If your vehicle breaks down or you are in an accident, remember your safety is paramount. If possible, pull your car completely off of the road. If you must stop on the shoulder, all vehicle occupants should exit the vehicle on the side opposite oncoming traffic and wait for help as far back from the road as possible. Turn on your hazard lights and set up safety triangles behind and next to your vehicle to warn other drivers.

Recognize “Move Over” laws. Keep your eyes out for other drivers who may be stranded. If you see a vehicle on the side of the road, slow down and move over.

Don’t overload your vehicle. Your car has a specified weight limit. Check the load capacity on your car, which is typically printed on a label inside the driver’s side door, to be sure you aren’t overloading your vehicle with luggage and passengers.

Don’t drive distracted. Drinking and driving, as well as texting while driving are leading causes of accidents nationwide. Drivers who text while driving are four times more likely to be in a car accident. Remember, in Texas, texting while driving is now illegal. Keep your focus on the road and keep your family safe.

Avoid late night driving. Nighttime makes it more difficult to see the road as well as other traffic. Plan your spring break trip to avoid traveling at night.

Drive in the right lane.  Sticking to the right lane can save your life from drunk drivers, and wrong-way drivers alike. Often times drunk drivers drift out of their lane or into oncoming traffic. The further you are to the right of the road, the better your chances of avoiding being side swiped or hit head-on by a drunk driver.

Keep in mind also, if you plan to travel out of the country, that the CDC has issued travel warnings for some destinations. Be sure to check the CDC website for more info about spring break travel safety.

If you or a loved one has been injured or a loved one killed as the result of a car accident, contact contact Texas Super Lawyer, personal injury attorney 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

 

By : Tim O'Hare /March 14, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More

What are the Age, Height and Weight Requirements for Child Safety Seats in Texas?

By Dallas Car Accident Injury Attorney, Tim O’Hare

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Research suggests that as many as 95 percent of families fail to install their infant’s car seat correctly. Nearly 75 percent f parents face their child’s seat the wrong way, and many older children aren’t using booster seats when doing so is necessary for their safety.

Sadly, a recent study of data from the National Highway Traffic Safety Administration by The Journal of Pediatrics indicates that a devastating 43 percent of kids killed in car crashes are either unrestrained or improperly restrained.

Are you doing enough to protect your children? Let’s take a look at Texas laws regarding child safety seats and what the American Academy of Pediatrics recommends to ensure your child’s safety.

Texas law states that 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.

All rear-facing seats are prohibited from use in the front seat of a vehicle if there is a passenger airbag. Manually turning the airbag off is the only way a rear-facing seat may safely and legally be used in the front seat. Do not rely on “smart” airbags, as these are designed to deactivate based on the weight of the passenger, but are not designed to accommodate child safety seats.

While these are the laws regarding child safety seats in Texas, the Texas Department of Public Safety strongly encourages parents and caregivers to follow the new American Academy of Pediatrics Guidelines when transporting children in a passenger vehicle. These recommendations are as follows:

Rear-Facing Seats: Rear-facing seats are recommended for infants birth to 35+ pounds and 2+ years old. The AAP recommends rear-facing seats as long as possible, until the child outgrows the rear-facing height and/or weight limit of the seat. Rear-facing seats should be properly installed in the back seat according to instructions in the owner’s manual.

Forward-Facing Seats: When a child outgrows the rear-facing safety seat (minimum 2+ years), they should ride in a forward-facing seat with a five-point harness as long as possible, up to the upper height, weight or age limit of the harness (usually 4+ years and 40 to 80 pounds). Forward-facing seats should be properly installed in the back seat. Never turn a child forward-facing until he or she meets all the age/height/weight requirements set by the safety seat manufacturer.

Booster Seats: Once a child reaches four years of age and 40+ pounds, he or she may ride in a booster seat with the adult lap and shoulder belt until the adult safety belt will fit them properly (usually when the child is 10 to 12 years old). A lap/shoulder belt is required for a booster seat.

Adult Safety Belt: Once the child outgrows his or her booster seat (around 10 to 12 years of age), he or she may use the adult lap/shoulder belt if it fits them properly. The lap portion should sit low over the hips/thighs and the shoulder belt should cross the center of the shoulder and center of the chest.

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.

Don’t assume your child is safe. If you are unsure, or have never had your child’s seat inspected, don’t wait. It could mean life or death for your child.

If you or your child has been injured in a car accident, contact one of the best personal injury lawyers in Dallas, 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

By : Tim O'Hare /March 10, 2018 /Blog, Dallas Personal Injury Attorney /0 Comment Read More
  • CONTACT INFORMATION:

    Office: 972-960-0000
    Toll Free: 888-960-0020
    Fax: 972-960-1330

    attorney@oharelawfirm.com

    Principal Office
    1038 Elm Street
    Carrollton, Texas 75006
    Directions >

    Hours by Appointment Only
    2711 Valley View Lane, Suite 107
    Dallas, Texas 75234
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    Tim O’Hare is a member of: Multi-Million Dollar Advocates Forum, Million Dollar Advocates Forum, Texas Bar Association, Dallas Bar Association, Christian Legal Society

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