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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 .