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Tuesday, December 31, 2013

New Year’s Eve Safety Tip!!

If you plan on drinking, do not drive. Protect yourself and others as well.

In an effort to ensure everyone celebrating the New Year get home safely, AAA Texas is once again offering Tipsy Tow service which provides a complimentary ride and vehicle tow up to ten miles from the point of pick up to all members and non-members. Ask for a Tipsy Tow by calling 1-800-AAA-HELP (1-800-222-4357)

Please share this with friends and family to keep a New Year happy.

If you or your loved ones were involved in a DWI/DUI car accident, contact Dallas accident attorney Sean Chalaki at the Law Office of Sean Chalaki at 1-877-9DFWLAW or 972-793-8500. For more information, visit www.injurylawyerofdallas.com

Happy New Year!

Sunday, December 8, 2013

I am an Ice Day Victim....What should I do Now???



What to do, What to do, Whaaaat to do!!!


My Vehicle was damaged but it was not my fault:

        "If you vehicle was damaged because of your garage or covered parking collapsing:"
        1.   "If you have comprehensive auto coverage" you can simply claim it with your auto insurance. 
        2.   "If you only have liability insurance and live in an apartment complex", get ready for a headache.  Get the apartment complex's insurance information at all cost.  They will try to tell you that they are not liable and for you to claim it on your own auto insurance. Tell them you still have the right to report and claim the incident with their insurance company.  Your claim should be the apartment complex failed to properly maintain the premises prior and after the ice storm.  
         3.  "If your roof or garage clasped on your vehicle and you only have auto liability insurance:"  Depending on your homeowner's policy, your vehicle may be covered as a property damage under your homeowner's insurance.  
        4.  "What if my vehicle was parked outside, someone hit it and ran away, and I only have Liability Insurance?" Unfortunately, your only solution would still be your homeowners insurance depending on your coverage. 

Slip and Fall:

    "I fell inside or outside the store because it was wet or icy:"  Slip and fall cases are complicated cases to cover in a single blog therefore, call me on case by case basis and I will do a free initial consultation with you.  However, if you are injured please get the appropriate medical treatment. 

Collisions:

    1. "I was involved in a car accident because someone cut me off:"   Unless, you have a police report or a witness that can testify to the other person's fault, it is difficult to prove your case without having contact with the other vehicle.  Therefore, your collision coverage under your own auto insurance is your best bet.  As far as your bodily injuries, under Texas law you will have a difficult time claiming your injuries under UM/UIM coverage because there was no contact.  However, there are various cases where contact can be established through other methods, call the office for a free initial consultation and I will discuss your options. 
    
    2. "I was involved in a car accident with median, wall, or a pole:" Collision coverage claim under your own auto insurance is your best option unless you feel like there was a default on the premises. 

     3.  "I was involved in a car accident while at work or in the scope of my employment:"  You can make a worker's compensation claim with a worker's compensation attorney.  Call our office and we will discuss your rights. 

    4.  "I was in a car accident with another vehicle and it was not my fault:" www.dfwlegaladvice.com to obtain additional information.  Read our previous blogs.  Or Simply call the office at 972-793-8500 or (877) 9DFW-LAW for a free initial consultation with the Dallas Car Accident Lawyer.  The injury lawyer of Dallas is here to evaluate your case appropriately and discuss your rights and options.  You can also email us with additional questions from our website. 

Law Office of Sean Chalaki P.C.

Address:
5220 Spring Valley Road Suite 406, Dallas TX 75254

Phone:
MAIN: 972.793.8500
TOLL FREE: 877-9-DFWLAW
FAX: 800.991.6288


Thursday, December 5, 2013

ICE, ICE, BABY ICE, 7 Safety Tips for Dallas Icy weather!!!!

What to do tonight!!!

   1.If you do not have a garage, dry your windshields and get some cardboard and put them on top of your windshield. Secure it with your windshield wipers.  

  2.  Pour sand, kitty litter, gravel or salt in the path of the wheels.

  3.  Get some warm chocolate and find a good movie to watch.  

Tomorrow Morning!!!

4.  Stay HOME Hero!!!
      Best way to prevent a collision is not to go out in the ice.  However, if you have to leave the house because the world is about to end, wait until the conditions improve.  Do not leave early in the morning, wait until the sun melts some of the ice or the city sprays sand(salt) on the ground. 

5.  How to leave home!!!
     15 minutes before you leave turn your vehicle on and turn on the heater and the window defroster (if your vehicle is in the garage make sure to leave part of the garage door open).  Check your tailpipes make sure they are free of ice.  Scrape the melted ice from your windshields.  Clear the roof of the car from any melted ice. When you are ready to hit the road, shovel around your wheels and under the front and rear bumpers to clear away any ice or snow.

6.  Slow Down Turbo!!!
     Now that you have to leave home and didn't listen to our first advice, at least slow down.  Driving in other people's tracks slowly prevents you from hitting new ice.  Slow down on the bridge, turns, private road, roads less traveled, and while you are getting out of the garage.

7.  Good Driving habits in Ice!!!
     Do not slam on the brakes, it will lock your brakes, try tapping it really slow.  Watch out for black ice. Wear your seat belt. Do not accelerate of the line or while turning.  Do not jerk your steering wheel.  If you slide turn the wheel in the direction that the rear of your car is sliding.  Do not do any sudden lane changes.  Keep your distance from all vehicles.   Be on the look out for other vehicles sliding into you. Did I mention stay home!!!

In Case of a Collision!!!

Told you Stay Home...

  1. Put your hazard lights on immediately.   Check yourself for injuries and call 911.
  2. If safe take pictures of the scene of the collision and the vehicles involved in the accident.  Then immediately move your car to a safe spot. (It's important to move to a safe spot so you do not get hit by other people, as it is hard for others to stop in ice.)
  3. Exchange insurance information, Driver License, and contact information until the officers show up.
  4. Make sure the officers report the collision and give you a report number. 
  5.  If no officers shows up to the scene of the collision, ask the other person write down what happened and sign it.
  6. If you are injured have your vehicle towed and leave with the EMT.
  7. If you are driving yourself home make sure to check if the vehicle is safe to drive.

Dallas car accident attorney Sean Chalaki is here to assist and answer any questions that you may have. Stay off the ice and I hope you have a great holiday.  Visit www.injurylawyerofdallas.com for additional information.

Please do note that the material here should not be relied on to prevent a collision.   The material here is general information and an opinion of the individual and does not guarantee any results or outcome. The material here is not legal advice and does not create any attorney-client relationship.  

Tuesday, September 3, 2013

What is Negligent Entrustment?

Negligent Entrustment

It is possible you can be held liable for injuries in a vehicle accident even when you are nowhere near the accident when it occurs. Protect yourself by understanding the legal doctrine called “negligent entrustment”.
If you allow another person to drive your vehicle when you know or should have known they are incompetent of driving. For example, if you allow a 15-year-old unlicensed driver to drive your vehicle and they cause an accident. Then most likely you will be responsible for the damages due to negligent entrustment.
To establish a vehicle owner’s liability under negligent entrustment, the injured person must prove the following:
1.      The owner entrusted the vehicle to the driver
2.      The driver was unlicensed, incompetent or reckless.
3.      The owner knew or should have known the driver was unlicensed, incompetent or reckless
4.      The driver was negligent in the accident in question
5.      The driver’s negligence proximately caused the accident.
One example is a case called Bedford vs. Moore in Texas in 2005. The court upheld a negligent entrustment verdict against the owner of the gravel company because the company failed to perform a driving history on the drive. If the company had looked into the driving history, the company would have seen several transgressions on the driving report.
Furthermore, the driver showed up that morning with a bandage on her head after spending all night in the emergency room which could have also made her driving questionable that day. Therefore, the company’s owner was held liable for the accident that the employee caused because of negligent entrustment.
If you or someone you love has been injured in an accident and you need to know who is legally responsible, Dallas accident attorney Sean Chalaki can help. Contact him at the Law Office of Sean Chalaki at 1-877-9DFWLAW or 972-793-8500. For more information, visit http://www.dfwlegaladvice.com/car-accidents.html .




Tuesday, July 30, 2013

What does “No Fees if No Recovery” on our Advertising mean?

What does “No Fees if No Recovery” on our Advertising mean?

It means our office works on a Contingency Fee agreement. A Contingency Fee agreement means if there is no recovery, you are not responsible for our Attorney Fees, Court Costs, and Litigation Expenses. All those expenses along with your Medical Expenses are paid from your share of any settlement. However, it is important to note that your medical bills are not related to our fees and expenses, and you are individually responsible for them no matter what the outcome of the case will be.  Contact Dallas Injury Lawyer Sean Chalaki for additional information regarding your car accident.

Tuesday, May 14, 2013

Tougher DUI laws recommended nationwide


Today the National Transportation Safety Board (NTSB) recommended that all 50 states lower the legally drunk threshold from 0.08 blood-alcohol content to 0.05. The agency believes lowering the limit would save about 500 to 800 lives every year across the nation.

Alcohol-related car accidents currently kill approximately 10,000 people every year in the United States. Furthermore, drunk driving is the cause of about a third of all traffic deaths.

At the current 0.08 blood alcohol limit, a study showed a 180-pound male will typically hit that threshold after downing four drinks in an hour’s time. If that limit is lowered, that same person will hit the new 0.05 threshold after two or three drinks in an hour. Of course, many factors such as weight and gender affect an individual’s blood alcohol level.

The NTSB cannot institute new laws. However, the agency does carry a lot of influence on matters of public safety and regularly recommends changes in policy to Congress and state legislatures after collecting and analyzing nationwide facts and data.

The board also recommended stricter laws allowing officers to confiscate licenses from drivers at the time of arrest if the driver is under the influence or refuses to take the blood alcohol test.

In the early 1980s, the maximum blood-alcohol content was 0.15 when alcohol related road deaths were approximately 20,000. Since the limit was lowered to 0.08, the deaths have been cut in half to 9,878 in 2011.

The NTSB said even small amounts of alcohol affect drivers’ ability to concentrate on the roads. At 0.01, drivers in simulators already demonstrated attention problems and lane deviations. At 0.02, drivers already exhibit drowsiness.

The agency chose the timing of the recommendation to coincide with the deadliest alcohol-related accident in the history of the nation. On May 14, 1988, a drunk driver hit a school bus near Carrollton, Kentucky, killing 24 children and three adults. Another 34 were injured in the horrific crash.

If you or someone you love has been injured by a drunk driver, Dallas accident attorney Sean Chalaki can help. Contact him at the Law Office of Sean Chalaki at 1-877-9DFWLAW or 972-793-8500. For more information, visit http://www.dfwlegaladvice.com/car-accidents.html .

Monday, May 13, 2013

Downtown Dallas 4-year road construction project begins


A four-year $798 billion road construction project begins this week in a huge effort by the Texas Department of Transportation (TxDOT) to improve traffic flow through Downtown Dallas and the Mixmaster where Interstate 30 and Interstate 35 connect. The area currently ranks among the 17 most congested roadways in Texas.

Specific construction improvements include several new bridges along Interstates 30 and 35E across the Trinity River and widening the downtown Mixmaster. TxDOT says once the project is complete, which is projected to be early 2017, safety and mobility will be significantly increased for the more than 460,000 drivers who travel Interstate 30 and 35East every weekday.

The construction project is referred to as the “Horseshoe Project” by TxDOT because of the u-shaped horseshoe the construction area forms on a map.

TxDOT has made efforts to reduce problems the road construction may cause drivers for the next four years. For example, the construction company will face a stiff penalty of approximately $100,000 per hour if the contractor closes too many lanes during peak travel times. Also, most of the construction work will take place at night and during off-peak hours.

Anytime there is construction, especially in such a heavily congested area, the risk of car or truck accidents increase for all drivers. If you or a loved one is injured in a car accident, Dallas car accident attorney Sean Chalaki can help. Contact him at the Law Office of Sean Chalaki at 1-877-9DFWLAW or 972-793-8500. For more information, visit the website at http://www.dfwlegaladvice.com/car-accidents.html .

Tuesday, May 7, 2013

Distracted driving causes more deaths than reported


Distracted driving likely contributes to many more deaths on the roads than what has been previously reported, according to a new study released by the National Safety Council.

The study reviewed 180 fatal vehicle crashes from 2009 to 2011 where there was compelling evidence the driver operated a cell phone at the time of the crash. Out of the 2011 crashes, only half of them were marked statistically as an accident where the driver used a cell phone. Only 35 percent of the 2010 crashes were marked appropriately, while for 2009 only 8 percent of the crashes involving a cell phone were marked as such in the statistical database.

Even when drivers admitted their cell phone use to police investigators in crashes where someone was killed, only half of the accidents were recorded that way in the database.

The underreporting makes the issue seem less serious than it actually is which makes it harder to pass tougher laws against cell phone use while driving.  In fact, in 2011 there were more than 32,000 traffic deaths, however, only 385 of those officially recorded cell phone use by the driver.

Some reasons for the underreporting could include drivers failing to admit cell phone usage at the time of the crash. Generally, it is too much hassle for investigators to subpoena cell phone records to verify or counter their claim. And even with the cell phone record, it can be difficult to determine the exact time of impact.

The National Transportation Safety Board has urged states to ban all drivers from using their cell phones behind the wheel, except in cases of emergencies, saying it is simply too dangerous.

If you or a loved one has been involved in an accident, Dallas car accident attorney Sean Chalaki can help. Contact him at 877-9DFWLAW or 972-793-8500. For more information, visit http://www.dfwlegaladvice.com/car-accidents.html .

What Happens in a Litigation Case?

If you have been hurt in an accident, Dallas personal injury attorney Sean Chalaki can help you as you attempt to recover compensation for your losses, which can include expenses such as medical bills, lost wages and even pain and suffering.

In the majority of cases, a settlement will be reached outside of the courtroom. However, there are some cases where a fair settlement cannot be reached out of court and therefore must move into litigation. Litigation is the resolution of disputes through the court system.

What happens in litigation?

Litigation basically consists of four main stages: (1) information gathering, (2) pleading, (3) discovery and motions and (4) trial and post-trial proceedings.

Information Gathering

The first stage of litigation is information gathering. Before filing a lawsuit, your attorney will spend time with you gathering all the information necessary to build your case. For example, if your case involves a car accident, information will be gathered about all drivers involved. Also part of the information gathering is finding out the extent of your injuries and how they will impact you and your life.

After sufficient facts are gathered, the lawsuit will begin by filing a complaint. The complaint, along with a summons to appear in court, is served to the defendant—the party responsible for your injuries.

Pleading

After the defendant has been served with the lawsuit, the defendant has a specific amount of time to officially respond to the lawsuit. If the defendant believes there is a particular problem with the lawsuit, such as the facts are insufficient to justify the lawsuit or there is some other defect with the complaint, the defendant can file a motion. A “motion” is a request to the court for an order or a ruling. For example, the defendant could file a motion to dismiss, asking the court to dismiss the lawsuit altogether.

If the defendant does not file a motion or if the motion is denied, then the defendant will answer the complaint. The “answer” is the defendant’s response to the lawsuit’s allegations. Once the defendant files the answer, then the pleading stage is complete.

Discovery and Motions

The third stage is the discovery and motions phase. Both sides conduct interviews and share facts and information regarding the case. During this stage, there could also be pre-trial motions made to the court. These motions can include any number of things such as asking the court to enter a judgment in the case without an actual trial. If the case ends up settling before it goes to trial, it will usually be during this phase.

Trial and Post-Trial Proceedings

The final stage of litigation is the trial and post-trial proceedings. In the trial, both sides of the case have the opportunity to present and argue their cases in front of a judge and/or jury. After arguments are presented, a verdict is reached and handed down. Post-trial proceedings can include an appeal from the losing party. To win the appeal, the losing party must prove there was an error in the court that affected the outcome of the case.

Litigation can be very complicated. If you or a loved one has been injured, Dallas personal injury lawyer Sean Chalaki can help you navigate the complex waters of personal injury law. Contact Sean Chalaki at the Law Office of Sean Chalaki at 1-877-9DFWLAW or locally at 972-793-8500. For more information, visit www.dfwlegaladvice.com

Monday, May 6, 2013

Former fireman sues DFW city for injuries


A former fireman is suing the city he worked for when he was injured on the job claiming the city is refusing to pay for his recovery. Reports say the 31-year-old man filed a lawsuit against University Park seeking up to $1 million in damages to help recover costs he sustained because of a back injury in 2011.

According to reports, he injured his back while trying to lift a patient onto a stretcher in 2011. Because of the injury, he has received extensive and costly medical treatment for his back and has suffered a lot of pain.  The former firefighter said University Park has refused to pay his medical bills. He no longer works for the city.

According to reports, University Park is denying the allegations. Officials say the city is committed to the health and well-being of all its employees.

If you have been injured in an accident, Dallas personal injury attorney Sean Chalaki will work to help you recover the damages you have suffered. Call him at the Law Office of Sean Chalaki at 1-877-DFWLAW or 972-793-8500. To learn more, visit www.dfwlegaladvice.

Motorcycle fatalities down slightly in Texas


Texas motorcycle deaths dropped by 6 percent in 2012, according to reports by the Texas Department of Transportation. The department says in 2012, 460 people lost their lives in motorcycle or scooter accidents in the state, compared to 488 in 2011. Over half of those killed were not wearing helmets.

Even though motorcycle fatalities decreased from 2011 to 2012, the number of Texas motorcycle accident deaths has increased by a whopping 54 percent since 2004.

The Texas Department of Transportation has launched a public campaign to correspond with this month’s designation as National Motorcycle Safety Awareness Month. The agency is encouraging Texas drivers to “Share the Road” and “Look Twice”. Research by Texas A&M University’s Transportation Institute shows that in more than half of accidents where a motorcycle is involved, other drivers failed to see the motorcycle.

Almost 90 percent of motorcycle accidents involve injury or death. In 2012, 56 percent of the fatal motorcycle accidents occurred in city areas, while 44 percent occurred in Texas rural areas.

If you or someone you love is involved in a motorcycle accident, motorcycle injury attorney Sean Chalaki can help. Contact Sean Chalaki at the Law Office of Sean Chalaki located in Dallas at 1-877-9DFWLAW or 972-793-8500. For more information, visit http://www.dfwlegaladvice.com/motorcycle-accidents.html

Thursday, May 2, 2013

Why are my insurance premiums so high?


Insurance companies set their rates based on how likely they believe a person is to file a claim. If they believe you are more likely to file a claim, then your insurance premium will be higher. If the insurance company believes you are less likely to file a claim, then your insurance premium is lower. Some factors insurance companies consider are obvious such as person’s driving record for vehicle insurance and a person’s medical history for life and health insurance.

But other factors might not be so obvious. Here are some factors which may make your insurance premium higher.

Credit Score:  Statistics show that people with lower credit scores are more likely to get into vehicle accidents than people with higher credit scores. Therefore, lower credit scores will likely get you a higher insurance premium.

 Household Claim History:  When looking for home insurance, insurers have access to seven years’ worth of insurance claims for that particular house through the Comprehensive Loss Underwriting Exchange (CLUE). Even if you didn’t live at the home during the time the claims were made, your insurance premiums can go up if there is a history of claims for that home. For example, if there have been several mold-related claims made against the home, the chances are higher there could be mold-related claims in the future.

Car’s Horsepower:  If your vehicle is a six-cylinder model, rather than a four-cylinder model, it is likely your insurance premium will be higher. The higher the horsepower of your vehicle, the higher the insurance premium.

 Driving Record:  If you have had several driving violations, you are a higher risk to cause vehicle accidents with other drivers. Therefore, your insurance rates will be higher because you are a higher risk for the insurance company. Generally, more than two moving violations in the last three years will usually put a driver in a higher premium.

Co-Workers:  If you receive your health insurance through your job, then the premium is determined by the collective risk of the group. Therefore, if you work with older people who are more susceptible to sickness, your premium may be higher, regardless of how young and healthy you may be.  However, if you work with a lot of healthy, young people, your premium will likely be lower, even if you are older and more prone to illness.

Body Mass Index:  Your weight also has a big impact on your health insurance premiums since obesity puts any person at a greater risk for injury, sickness and life threatening diseases. Generally, if you have a body mass index (BMI) of 30 or greater, you will pay an average of 22 percent more than someone with a BMI of 25. Even if you have lost weight, you may have to prove you have kept the weight off for at least a year before your premiums will go down.

Education Level:  Statistically, insurance companies know there is a connection between the level of education you have and the number of insurance claims you make. In fact, people with higher educations, tend to make fewer insurance claims. Therefore, with each level of education you complete, make sure you let your insurance company know because it could lower your premium. Similarly, your job itself could lower your insurance premium or make it higher. People in careers such as corporate executive, attorneys or teachers tend to receive lower premiums, while blue collar workers tend to have higher insurance premiums because they tend to make more insurance claims.

Family Health History:  Even if you have no history of sickness or illness, your insurance premiums may be higher if your parents or siblings died or even were diagnosed with heart disease or cancer before age 60. That kind of family history makes you a higher risk to also have that illness making your medical costs higher.

Zip Code:  Where you live can also impact your insurance premium. If you live in an area where a lot of insurance claims are made, even if you never made one yourself, your insurance premium will be higher. Likewise, if you live in an area with a low number of insurance claims, then your premium will likely be lower. Insurance companies study all the statistics possible to find out what kind of risk you are.

Hobbies:  Insurance companies also want to know about your hobbies. If you are one who enjoys adrenaline or adventure sports such as skydiving, bull riding or race car driving, then your insurance rates will generally be higher. Also, if you are planning a lot of international travel, especially to risky areas such as Afghanistan, then you could also see higher insurance premiums.

Texas traffic lower than expected on nation’s fastest road



It was big news when it first opened.

The nation’s fastest roadway allowing drivers to travel at historic maximum speeds of 85 miles per hour opened in Texas in October. However, months later, developers are disappointed in the driver turnout so far. In fact, less than half the number of expected drivers have traveled the road.

The Texas 130 toll road, which runs between Austin and Seguin, generated $2.6 million in toll revenue during the first six weeks of opening, with approximately 203,000 travelling the new road. However, SH 130 Concession Co. spent $1.4 billion building the toll road and less than half the number of expected drivers could mean financial trouble for the company.

The first death on the 85 mph toll road was reported in November. There have also been reports of vehicles colliding with wild animals such as deer and hogs.

Utah has the second fastest road in the nation with 80 miles per hour speed limit.

Faster speeds could mean more accidents and injury risks to drivers and their loved ones. If you or someone you know has been involved in a vehicle accident, call Texas accident attorney Sean Chalaki at the Law Office of Sean Chalaki at 1-87-9DFWLAW or 972-793-8500. For more information, see our website at http://www.dfwlegaladvice.com/car-accidents.html .

Tuesday, April 30, 2013

Texas legislature slow to move on proposed DWI laws


Several new bills aimed at reducing the number of DWI accidents on Texas roads are moving slowly through the Texas Legislature this session. The slow movement could mean the bills have little chance of becoming laws this year.

Texas leads the nation in alcohol-related fatalities. Of the 3,016 Texas road fatalities in 2011, 1,213 or 40 percent were alcohol-related. In comparison, California, with approximately 12 million more residents than Texas, had only 774 alcohol-related driving fatalities in the same year.

Despite the problem, Texas has not been quick to pass tougher DWI laws in the current session.
Organizations like MADD (Mothers Against Drunk Driving) have long called for Texas to include more sobriety checkpoints and even require ignition interlocks in the vehicles of DWI offenders. Such devices would prevent vehicles from starting if the driver is impaired.

Thirty-eight states already have sobriety checkpoints and 16 have interlock laws.

Rep. Stefani Carter of Dallas has filed one bill allowing more judges to issue search warrants for blood draws in DWI arrests. However, the bill has not had the required public hearing in the House Criminal Jurisprudence Committee which would allow the bill to move forward.

As Texas continues to lead the country in alcohol-related fatalities, the risks to all Texas drivers is greater. Dallas DWI accident attorney Sean Chalaki can assist you. Call Sean Chalaki at the Law Office of Sean Chalaki toll-free at 1-877-9DFWLAW or 972-793-8500. For more information, read his website at http://www.dfwlegaladvice.com/dwi-accidents.html .

Monday, April 29, 2013

Nissan recalls vehicles due to faulty tires


If you are in a Dallas vehicle accident, one of your first questions might be who caused the accident? Did another driver cause the accident? Who is at fault?

In some cases, fault might even lie with a manufacturer of parts on your vehicle or another vehicle involved in the accident.

For example, Nissan Motor Company recently announced a recall of 123,308 Altima sedans because their spare tires may be faulty. Nissan reported the spare tires on some 2013 Altima sedan models may be over or under-inflated, which increases the risk of crash.

The company blamed the problem on a malfunctioning pressure regulator at its plant in Mississippi. Nissan said the problem has been corrected. The company will notify owners of the vehicles in question beginning May 3.

Therefore, it is critical when you are in an accident that it is investigated thoroughly. There may be a party at fault that might not be obvious. There could be a manufacturer problem which caused or contributed to the damages in your accident.

Dallas product liability attorney Sean Chalaki at the Law Office of Sean Chalaki will thoroughly investigate your accident. All responsible parties will be identified and held accountable. If you have been involved in an accident, call Sean Chalaki toll free at 1-877-9DFWLAW or locally at 972-793-8500. Read more information on how to protect yourself and your loved ones in the case of a vehicle crash at http://www.dfwlegaladvice.com/car-accidents.html . 

What is Litigation?


Litigation can sound like a scary legal word. But what is it exactly?

Litigation is simply the resolution of disputes through the court system. There are three types of litigation:  civil litigation, criminal litigation and administrative litigation.

Civil Litigation
Civil Litigation matters are what we primarily deal with here at the Law Offices of Sean Chalaki in Dallas. Civil litigation is the resolution of disputes between private parties through the court systems. 

For example, if you are driving down 75 in Dallas and another driver fails to stay in their own lane and hits you causing damage, then you could have a civil litigation case against the driver at fault. Experienced personal injury attorney Sean Chalaki can help you recover damages you’ve lost as a result of the driver’s errors on the road.

The majority of civil cases can be settled out of court, with a strong negotiating attorney. However, there are some cases that do go to trial for resolution, which means the case will enter the civil litigation process. Each state has their own specialized rules of procedure for civil litigation and it is critical you have an experienced attorney to handle all the steps for you. Some of the rules and procedures can be very complex and time-consuming and one missed step could mean your case is thrown out and you get nothing.

Criminal Litigation
Another type of litigation is criminal litigation. This does not involved two private parties, but instead the government prosecutes an action against individuals who have committed crimes against society or broken criminal laws. It is possible that a criminal case can also have a civil litigation aspect to it. For example, the state can hold a criminal accountable for his or her crime through criminal litigation, but the injured party can also file a civil suit in an attempt to recover damages from the person at fault.

A well-known instance of this is the O.J. Simpson trial in the 1990s. O.J. Simpson was acquitted for the murder of his wife and her friend in criminal litigation, because the jury found there was reasonable doubt to his guilt. However, the families of the victims then sued O.J. Simpson in civil litigation in an attempt to recover damages for losses like pain and suffering. The family won the civil case and the jury in the civil trial awarded the families of the victims millions of dollars. Therefore, even criminal cases can lead to civil litigation. Experienced Dallas attorney Sean Chalaki may be able to help you in your civil case.

Administrative Litigation
The final form of litigation is Administrative Litigation. Administrative litigation involves administrative agencies resolving disputes regarding their administrative rules and regulations. An example would be a worker’s compensation claim. A worker’s compensation claim must first attempt to be resolved through administrative litigation. If the party is not successful, then there could be other options available in civil litigation.

Attorney Assistance
If you have been harmed by another party and believe you might have cause for a civil case, contact experienced personal injury lawyer Sean Chalaki of the Law Office of Sean Chalaki and he will help you navigate through the murky and sometimes confusing waters of litigation and the court system to give you the best chance of recovering compensation for your injuries. Call him toll-free at 1-877-9DFWLAW or 972-793-8500 or find out more on his website at www.DFWLegalAdvice.com .

Dallas commuters wasted 20.6 hours on roads in 2012


The average Dallas commuter spent 20.6 hours sitting in gridlocked traffic in 2012, said an annual national study released last week.

However, there was some good news for Dallas, according to the study. In 2012 Dallas was ranked 21st in the nation in traffic congestion for 2012, which is a big improvement over just three years ago when Dallas was ranked 5th. The good news could be short lived because Dallas traffic is already up 2 percent during the first three months of 2013, which could be attributed to greater employment numbers.

Some of the Dallas roads also made the 2012 annual list of “Worst Roads in America”, including LBJ Freeway, which most Dallas drivers know was full of construction and delays for all of 2012 because of the massive widening construction project. In 2011, LBJ Freeway barely made the list coming in at #100 out of 100, however in 2012, LBJ Freeway had climbed to the #62 Worst Road in America.

The study said the stretch of LBJ Freeway that measures the worst is the 16 miles between Valley View Lane to Kingsley Road going eastbound. In fact, the study estimates on Fridays at 5 p.m. it takes 47 minutes to go 15 miles.

Interstate 35 in Fort Worth comes in even higher on the list for 2012 at #35 on the Worst Roads in America list. The worst part is Interstate 35W around Rosedale Street where a 10-minute commute usually takes 30 minutes.

The more time Dallas drivers spend on the road, the higher the chance of accidents. If you or someone you know has been involved in an accident or other personal injury incident, contact experienced Dallas personal injury lawyer Sean Chalaki at the Law Office of Sean Chalaki toll-free at 877-9DFWLAW or 972-793-8500. Visit the website to learn more at www.DFWLegalAdvice.com .

Friday, April 26, 2013

If you were injured in an auto accident, what is the difference between a First Party and Third Party Claim?


If you were injured in an auto accident, what is the difference between a First Party and Third Party Claim?

Dallas Truck Accident Attorney Sean Chalaki
Dallas Car Accident Attorney Sean Chalaki 
When you are involved in an accident there are two major types of auto insurance claims:  a First Party claims and a Third Party claims. How do you know which one to file and what is the difference?

First, let us look at the definition of each. “First party” refers to the insurance policy holder. There is no such thing as a “Second party claim”. Then the “Third party” is an outside person or company who is not the insured party or the insurance company.

First Party Claims

First party claims are claims between a policy holder and their own insurance company. No other party is involved and the terms are based on the particular contract you have with your own insurance company (your policy). For example, if a driver hits a pole while driving and it is no one’s fault but their own, then the policy holder will make a claim with their own insurance company under their collision coverage.  This is a first party claim.

Or perhaps a fire occurred because a home owner dropped a lit cigarette causing damage to their property. The home owner would make a first party claim between themselves and their own home insurance policy based on the insurance policy they chose before the fire.

Third Party Claims

Third party claims are claims where you attempts to collect compensation for damages caused by someone else. Therefore, you will contact the at-fault party’s insurance company to collect compensation for your injuries. The third party is not making a claim based on his or her own insurance policy—only the insurance policy of the at-fault party. Therefore, it is a third party claim.

For example, imagine Driver #1 is travelling down 635 in North Dallas and suddenly a huge log-hauling truck veers into their lane pushing Driver #1 off the highway and into a ditch causing significant damage and injury to Driver #1. Using an experienced attorney, Driver #1 will likely make a “third party claim” with the insurance company of the log-hauling business. Driver #1 was not a party in the contract between the insurance company and the policy holder, therefore, the truck driver is the third party making it a third party claim.

If you or a loved one were injured in a truck accident or a car accident, experienced Dallas personal injury attorney Sean Chalaki at the Law Office of Sean Chalaki can help you. Call toll free at 877-9DFWLAW or 972-793-8500. For more information on third party claims and ways a personal injury attorney can help you, visit our website at www.DFWLegalAdvice.com.

Thursday, April 25, 2013

Texas one step closer to new texting law


Last week, the Texas House voted to approve a new law making texting while driving illegal in Texas, one of only 10 states in the nation which still legally allows texting while driving. The bill passed 98-47 and still requires final Senate approval.

The new law would give a $100 fine to any Texas driver caught texting while behind the wheel. Opponents of the law worry about possible racial profiling and giving police too much power. Others say it would be nearly impossible to enforce such a law.

Texas Governor Rick Perry vetoed a similar law in 2011 describing the law as government micromanagement. His office has indicated he would likely veto a similar bill again.

In a 2009 federal study, it was reported texting while driving distracts a driver’s eyes off the road an average of 4.6 seconds, enough time to travel the length of a football field at 55 miles per hour.

Although there is no state-wide law against texting while driving, some Texas cities do have city ordinances against the dangerous practice such as Austin, El Paso and San Antonio.

The National Highway Traffic Safety Administration reported in 2010 distracted drivers was the cause of 18 percent of all fatal crashes on the roadways, with 3,092 people killed and 416,000 wounded. A study in Virginia found text messaging creates a crash risk 23 times worse than driving without distraction.

Distracted driving makes the Dallas highways more dangerous for all drivers and passengers. If you have suffered personal injury, contact experienced Dallas personal injury attorney Sean Chalaki at the Law Office of Sean Chalaki for help. Call toll free at 1-877-9DFWLAW or 972-793-8500. Read more information on our website on how to protect yourself and your loved ones in the event of an automobile crash at http://www.dfwlegaladvice.com/car-accidents.html .