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 .

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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 . 

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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 .

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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 21^st in the nation in traffic congestion for 2012, which is a big improvement over just three years ago when Dallas was ranked 5^th. 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 .

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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 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.

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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 .

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More Dallas highway construction could mean more accidents

As construction zones increase along the highways and interstates of the Dallas area, personal vehicle accidents could also increase.

According to the Texas Department of Transportation (TxDOT) currently there are 20 construction zones along I-35 alone, which includes work zones in more than 109 miles of the total 407 miles of I-35. In fact, right now I-35 has the largest number of work zones the interstate has ever had. Loop 635 in North Dallas will also contain miles of construction zone areas, as the project continues to widen the popular highway, affecting thousands of drivers every day.

Unfortunately, more construction zones could mean more accidents for DFW drivers. In construction zones especially, TxDOT urges drivers to put away their cell phones, since slowing down or stopping suddenly is more likely in construction zone areas. TxDOT also asked drivers to be patient, be aware of the traffic signs, drive slowly and leave plenty of space between your vehicle and the vehicle in front of you.

In the unfortunate event you do find yourself in an accident on the Dallas highways, it is important you know what to do to protect yourself. Here are the steps anyone involved in an accident should take immediately:

• Call 911 and request a police officer and an ambulance for any injured person
•  Ask and insist the police officer make an official report about the accident
• Never leave the scene of the accident
• Take photos of the accident scene and all vehicles involved before anything is removed
• Write down the names and phone numbers of all persons involved in the accident and any witnesses
• Do not discuss accident details with other drivers
• Write down the accident report number from the police officer

Experienced Dallas personal injury attorney Sean Chalaki at the Law Office of Sean Chalaki can help you in the event of an accident or other personal injury. Call our office toll free at 877-9DFWLAW or 972-793-8500. Read our website for better understanding of what to do after the accident at www.DFWLegalAdvice.com. 

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Driver Error Likely Caused Fatal Irving Bus Cras

Initial reports say the driver of the charter bus was responsible for the fatal crash in Irving killing three of the senior citizens on board as they were on their way to a casino trip in Oklahoma.

The Texas Department of Public Safety recently released a preliminary report on its investigation into the fatal accident, which made national news when it occurred on April 11, 2013. The charter bus, operated by Cardinal Coach Line, veered off the roadway in the mid-morning hours striking a concrete barrier and flipping over to its side, trapping senior citizens as onlookers rushed to the scene to help.

Three senior citizens were killed and more than 40 passengers were injured.

The preliminary report said the 65-year-old driver failed to maintain his lane which directly contributed to the crash. The report also said the driver tested negative for alcohol or drugs and no defect was found with the charter bus itself.

It is important drivers and passengers do everything they can to protect themselves from such dangers on the roadways. In the unfortunate event injury does occur, there is experienced help available. Dallas personal injury attorney Sean Chalaki at the Law Office of Sean Chalaki can assist you. Call 877-9DFWLAW or 972-793-8500. Read more information on how to protect yourself and your loved ones in the event of a personal injury related to a truck accident on our website at http://www.dfwlegaladvice.com/truck-accidents.html . 

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Dallas Drivers Beware as Security Increases for U.S. Presidents Visit

Dallas drivers need to display extra caution when driving Dallas roads today, Thursday and throughout the weekend, as many roads will be closed or altered due to the dedication of the George W. Bush Presidential Library taking place at SMU on Thursday.

All living U.S. Presidents will attend the prestigious event in Dallas on Thursday, including current U.S. President Barack Obama, George W. Bush, George H. Bush, Sr. and Jimmy Carter. Therefore, Secret Service agents and extra security will be prevalent all over the area.

Here are the specific road closings announced by the Dallas Police Department:

Wednesday, April 24 Road Closures

• SMU Blvd., between Airline Road and Central Expressway
• University Blvd. will be closed between Hillcrest Avenue and Airline Road from 4 p.m. to 11 p.m.
• Bishop Blvd. on the SMU campus

Thursday, April 25 (Dedication Day) Road Closures

• The southbound access/service road of Central Expressway, between University Blvd. and Mockingbird Lane
• SMU Blvd., between Airline Road and Central Expressway
• University Blvd. between Hillcrest Avenue and Airline Road
• Boedecker Street between Dyer Street and SMU Blvd.
• Airline Road between Dyer Street and Binkley Avenue
• Bush Avenue, formerly Airline/Dublin
• Bishop Blvd. on the SMU campus

Friday, April 26 Road Closures

• SMU Blvd., between Airline Road and Central Expressway
• Bishop Blvd. on the SMU campus
• These closures are expected to continue to late into the evening.

Anytime there are road closings in busy areas of Dallas, it increases the chance of accidents along the roadways because of the extra stress, pressure and confusion it causes.

If you or your loved ones are involved in an accident or any other type of personal injury, experienced personal injury attorney Sean Chalaki at the Law Office of Sean Chalaki can help you. Call our office toll free at 877-9DFWLAW or 972-793-8500. Read our website for a better understanding of what to do in the case of an accident at www.DFWLegalAdvice.com. 

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