What is Personal Injury Protection and Why should you purchase it.

What is Personal Injury Protection and Why should you purchase it.

PIP stands for Personal Injury Protection:

This coverage is regulated in the Texas Insurance Code, Sections 1952.151 thru 1952.161.

Section 1952.153 requires that the minimum for PIP coverage be $2500. There is not a maximum required by law. A maximum is left to the discretion of the insurance company.  In Texas PIP coverage is mandatory unless the named insured rejects the coverage in writing.

PIP provides coverage to policyholders, members of the policyholder’s household, authorized drivers and passengers.

PIP Coverage includes:

Medical Expenses – These may include medical and surgical treatment; dental and optometric treatment; ambulance and nursing services; necessary medications, medical supplies, and prosthetic devices.

Lost Wages – If you or your passengers are unable to work due to accident-related injuries, PIP helps you recover your lost wages.

Substitute Services – Should you or your regular passengers need help performing household or other tasks due to accident-related injuries, PIP also helps pay for such substitute services.

Funeral Expenses – If a covered individual dies from accident-related injuries, PIP helps pay for related funeral expense.

Why should you purchase PIP?

People who don’t have health insurance that would adequately cover the expenses listed above. People who carpool or frequently drive with passengers. PIP benefits are payable without regard to the fault of a person seeking coverage. PIP is payable without regards to whether or not there is other insurance to cover the loss. In other words, it allows you for a "double recovery".

 

If I use my PIP coverage does it affect my premiums?

Filing your first claim from an at-fault accident no longer guarantees that your rate will go up. Some insurers offer an "accident forgiveness" benefit, for which they'll go easy on your first claim. Ask your insurer whether it offers such a service and whether you qualify. Also, filing under your Personal Injury Protection or other no fault provisions of your policy will not increase your premiums, contrary to popular belief. If you're a good driver with a clean record, you'll pay less for car insurance than others. This can make a considerable difference. If you're a "high-risk" driver laden with tickets and/or accidents, you can expect to pay at least 15% more than a good driver on average. If your policy costs you $1,500, that's an extra $225 per year. Having a good credit score can also help your chances of getting a good deal.

If you were injured in a car accident or have any questions concerning your accident, contact our office. At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the incident and protect your rights after the incident.For more information, call our office at 972-793-8500 to schedule a free case evaluation.

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Warren Jeffs Sentenced to Life in Prison

Warren Jeffs, president of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, has been convicted of child abuse and sexual assault. As of today, he has consequently been sentenced to life in prison. Jeffs, the leader of a polygamist sect was convicted of two separate cases of sexual assault last week with underage females who he argued were his “spiritual partners.”  The jury sentenced him to life in prison for the first case, which was considered aggravated sexual assault. For the second case, he was sentenced to twenty years plus a $10,000 fine. Both sentences were the maximum possible sentencing for each offense. Jeffs’ first charge occurred in 2008 after a ranch that his church operates on was raided near Eldorado, Texas.  He is on the list of the FBI’s ten most wanted fugitives. In July of 2007 he was charged with eight counts of sexual conduct with minors and incest in two separate cases. Later that year, he was found guilty of two separate counts of rape as an accomplice. 

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Burglary suspect accused of ramming Dallas patrol car into home

On the evening of Tuesday, August 2, a suspect of a burglary in Dallas stole and drove off in a Dallas patrol car. He ran into a home while there was another officer inside of the vehicle trying to regain control. He was soon arrested and was identified as 37 year old Jesus Ronald Ramos. Because of the speed of the car, the impact of the vehicle on the home caused several walls of the home to collapse. Ramos was being arrested for attempted burglary. The officer called for backup when he was dealt with faulty handcuffs, and after Ramos' belligerent and violent behavior. The officer also asked for the backup to bring a caged police car. While the officer was waiting for backup Ramos leaped from the backseat into the driver’s seat. The officer was able to chase after him, leaping into the car attempting to regain control. However by that time the car had crashed into the home. Neighbors of the home claim that this is the second vehicle to have hit the home. Ramos will be faced with charges for burglary, defiance of a police officer, and destruction of the home.  

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Diversity Lottery Scams and Government Computer Errors

Please be aware of Scams that are circulating requesting payments through western union for Diversity Lottery Winners.  Always remember that government e-mails and websites end in ".gov" and not ".com" In addition, government usually mails you at the address you provide to them and rarely ever emails you regarding visa matters.  http://www.uscis.gov and http://travel.state.gov/ provides you with a website where you can check your visa status electronically using your receipt number.  Always refer to the original government websites for the most current and accurate information.

The state department recently issued this important notice:
"

**IMPORTANT NOTICE REGARDING THE 2012 DIVERSITY LOTTERY PROGRAM** We regret to inform you that, due to a computer programming problem, the results of the 2012 Diversity Lottery that were previously posted on this website have been voided.  They were not valid and were posted in error.  The results were not valid because they did not represent a fair, random selection of entrants, as required by U.S. law.  If you checked this website during the first week in May and found a notice that you had been selected for further processing or a notice that you had not been selected, that notice has been rescinded and is no longer valid.  A new selection process will be conducted based on the original entries for the 2012 program. If you submitted a qualified entry from October 5, 2010 to November 3, 2010, your entry remains with us.  It will be included in the new selection lottery.  Your confirmation number to check results on this website is still valid. We expect the results of the new selection process to be available on this website on or about July 15, 2011. We regret any inconvenience this might have caused. " Call our office if you have further questions regarding your immigration status. At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the incident and protect your rights after the incident.  For more information, call our office at 972-793-8500.

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Dog Bites

Dogs are commonly known as man’s best friend. They provide us with comfort, happiness, and safety. Despite this, they can also cause unforeseeable harm. Dog bites are a serious issue and affect many people in Texas on a daily basis. Many people may not realize the severity or damage a dog bite can incur. Victims of dog bites may experience lasting mental and physical wounds. Liability may be imposed to dog owners for unprovoked attacks on individuals. However, dog owners and victims of dog bites can both protect themselves by staying up to date on current animal laws. 

Texas does not generally impose liability on dog owners for the first time a dog bites. In Texas a dog owner is not held liable for the first bite under the "one bite rule", unless the owner knew or had reason to know the dog had a dangerous propensity. The second bite does impose liability on dog owners since the owner knew the dog had a dangerous ability to hurt someone. Dog owners have a duty to warn people and try to avoid any possible injury. The Texas Supreme Court decided that it is the dog owner's duty to attempt to stop their dog from attacking a person after the attack has begun. This is a civil duty, meaning that the victim can sue if the dog owner fails to attempt to stop the attack. 

            A victim can also base their claim on negligence when it is not possible to prove that the dog owner had prior knowledge of the dog's dangerous tendency to bite people. A specific form of negligence, 'negligence per se', is when a dog owner or dog handler violates an animal control law in the municipal code or county code, such as a leash law. 

The Leash law and Dangerous Dog Act helps prevent such accidents from occurring. Most cities or counties have leash laws generally stating that dogs must be kept on a leash no longer than six feet at all times when off the owner’s property. Legal liability for a dog bite is based on:

(a) the owner knew that the dog had bitten someone previously or had the dangerous propensity to bite a person.

(b) the accident was caused by the negligence of the person handling the dog. 

(c) the accident was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law.

(d)  the injury was caused intentionally by the person handling the dog.

            A dangerous dog is any dog that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept. This could be a park, field, street, or any other public property. Dog owners should not tie their dogs up to trees, since this causes the animals to become aggressive and act out many times.

            Bodily injury means any injury that is characterized by bites or scratch wounds. This term includes any type of injury that would cause a reasonably sensible person to seek treatment from a medical professional or veterinarian without regard to whether the person actually sought the treatment. Within 30 days of the dog owner learning of an attack or being notified by court or animal control, the owner must register the dog as a dangerous dog, obtain $100,000.00 in liability insurance, and comply with local regulations and ordinances or deliver the dog to animal control.

If you were injured by an animal or have any questions concerning dog bites, contact our office. At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the incident and protect your rights after the incident.For more information, call our office at 972-793-8500 to schedule a free case evaluation.

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Loser Pays Law in Texas

The State of Texas will soon be facing changes in litigation related to reforming certain remedies and procedures in civil actions. The 82^nd Texas Legislature has approved House Bill 274 and Governor Rick Perry has signed the bill, also known as “Loser Pays”. 

Loser Pays is an attempt by the State of Texas to avoid frivolous lawsuits. According to a statement released by Governor Perry on May 09, 2011 in regards to House Bill 274, the Governor stated, “loser pays system will help expedite legitimate legal claims and crack down on junk lawsuits”. 

The system is adopting rules for which the non-prevailing party may be required to pay the winner’s legal fees in certain cases and even in cases dismissed early. However, House Bill 274 orders the court to adopt rules to promote prompt, efficient, and cost effective resolution in civil actions in specific courts where the amount in controversy does not exceed $100,000 for all costs. The costs allocated to the losing party are all recoverable litigation costs including court costs, attorney’s fees, fees for up to two testifying expert eye witnesses, and deposition costs.  

This attempt to avoid frivolous lawsuits may cause some Texans to lose their rights to get compensated for their damages.  The heightened costs become a huge barrier for small businesses and average citizen to litigate matters to protect their rights.  Many small business owners and citizens will think twice about exercising their rights to the legal system when injustice occurs. The monetary risks of Loser Pays will keep them out of the court and protect the larger corporations. 

Loser Pays law has good intentions however, the likely result is embedding fear in the everyday citizen and helping big corporations and companies feel more secure in racking up legal fees. Also, this destroys the notions of good faith settlement for larger companies since their risks have decreased.

On the other hand, as the law intends this could keep frivolous claims out of courts or from it being filed in the first place. Fewer lawsuits for corporations means less attorney fees and less paid out settlements on smaller claims. This strategy in the long run could improve the economy by increasing the growth of the corporate world which results to higher employment.  Corporations no longer have waste money on frivolous lawsuits, and could use that asset in the long term to create more job opportunities and increase economic growth.

House Bill 274 is Effective September 01, 2011. 

At the Law Offices of Sean Chalaki, our goal is to provide our clients with the most up to date laws to ensure that their rights is protected at all times. For more information regarding Loser Pays laws and House Bill 274, call our office at 972-793-8500 to schedule a free case evaluation.

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Texting-while-driving ban

A statewide ban on texting while driving, already against the law in Austin and some other Texas cities, is on its way to Gov. Rick Perry.  Rick Perry has not confirmed that he would sign this bill. 


Texting while driving would be a misdemeanor, punishable by a fine of as much as $200 and up to 30 days in jail. And in cases where the texting led to an accident that caused another person's serious injury or death, the person texting could be found guilty of a Class B misdemeanor. Class B misdemeanor carries a maximum punishment of up to 180 days in jail and a fine of $2,000.


Texting includes instant messaging and email as well.  It is illegal to send and read a message while driving however, emergency calls, dialing a call on your phone if it was accomplished by a hand free device (which is kind of confusing at this point), or navigate using global positioning techonology is allowed.  
  
If signed by Rick Perry the bill would most likely become law starting September 1. 2011.


At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information regarding texting laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Insurance companies and fraud scheme involving chiropractors and attorneys

People usually correlate "Ambulance Chasers" to personal injury lawyers with the impression that attorneys are permitted to approach an accident victim immediately after the accident.  Although this behavior might take place with some attorneys, I am proud to say that Texas Disciplinary Rules of Professional Conduct strictly prohibits such unethical behavior.

Proudly attorneys are one of the most regulated professions where our ethical and professional conducts are strictly scrutinized to protect the consumers and the general public.  As the officers of the law we take pride in our ethical and professional conducts creating comfort and trust with our clients while providing them with competent representation.

Gladly, the doctors and the medical professional that you seek medical treatment from are regulated akin to such Disciplinary Rules.  However, it is unfortunate were a few violate these Disciplinary Rules and hurt the general public. People involved in an accident suffer severe injuries which requires immediate medical treatment.  It is unfortunate when they fail to get properly compensated for these injuries due to people's abuse of the system.

***1 "In four related cases, the Massachusetts Superior Court has awarded about $6.7 million to insurance companies against chiropractic clinics and their owners that participated in a fraudulent claim scheme involving staged automobile accidents.

The cases include three initially filed by Blue Hill Chiropractic Group Inc. against insurance companies for failing to pay claims it submitted for patients who supposedly received chiropractic treatment after car accidents. An insurance company initiated the fourth case against several clinics and chiropractors.

The cases are as follows: Blue Hill Chiropractic Group Inc. v. Commerce Insurance Co.; Blue Hill Chiropractic Group Inc. v. Encompass Insurance Co.; Blue Hill Chiropractic Group Inc. v. Premier Insurance Co.; and Norfolk & Dedham Mutual Ins. Co. v. Cohen Clinics.

Both the insurer-filed complaint and the insurance company counterclaims and third-party claims in the other three cases allege that the clinics, owners and their employees participated in a fraudulent billing scheme.

The insurance companies' legal claims against the chiropractic parties included violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act and the Massachusetts Consumer Protection Act, civil conspiracy, fraud and abuse of process.

In separate May 10 judgments, Associate Justice John Cratsley awarded more than $3.8 million to Commerce, about $1.2 million to Encompass, $1.3 million to Premier and about $455,000 to Norfolk & Dedham Mutual.

In a combined April 22 order, Cratsley granted the insurance companies' motion for summary judgment on damages and their motion for an assessment of damages and entry of final judgment.

In the order, Cratsley explained why he concluded that a jury trial on damages was unnecessary despite earlier orders bifurcating liability and damages. Cratsley relied on a 1994 ruling by the U.S. Court of Appeals for the 1st Circuit in Aetna Cas. & Sur. Co. v. P&B Autobody. That case upheld a District of Massachusetts ruling that there were "no genuine issues of material fact" about damages. According to Cratsley's order, the Aetna case involved fraudulent car insurance claims as opposed to chiropractic claims from staged accidents. But as in the chiropractic insurance fraud cases, the case involved fraud, civil conspiracy and RICO claims.

David O. Brink, the litigation manager at Smith & Brink in Braintree, Mass., who represented the insurance companies, called the ruling a landmark decision. Brink said he believes the issue of culpability for paying so-called runners — people who refer patients who then get chiropractic services covered by insurance — is one of first impression.

"It's the first time that a Massachusetts court has found expressly that the payment of runners represents fraud, unfair business practices under [the state's consumer protection law] and a violation of the federal RICO statute," Brink said."

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. Do remember it is illegal for attorneys and most professionals to directly or indirectly solicit an individual immediately after he/she has been involved in an accident.  Next time you are involved in an accident and you are approached by a "Runner" at your house or at the scene of the accident, please contact the proper authorities and report them.  Then contact our office at 972-793-8500 regarding your car accident and let our professional attorney inform you about all your rights.  We Respect you, Understand your situation, and are Committed to earning your trust by providing the professional service you have inquired about.

*** 1 The information above was obtained from (Sheri Qualters, The National Law Journal May 19, 2011)

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DART Escalator Mishap Injures Students

An escalator malfunction at the DART Mockingbird Station has hospitalized five kids and two adults.

The group of female students were part of a large group in town from the Quinlan Independent School District to sing in a choir and visit a museum. Officials said the escalator inexplicably sped up just after noon Thursday, and that the riders tumbled down the stairway when someone hit the emergency stop button.

As many as 20 people have been said to be injured with the most serious of the injuries being a broken leg. Dallas Fire-Rescue said most of the injuries were bumps and bruises.

Four of the injured students were taken to Children's Medical Center in Dallas by ambulance and a fifth was taken by her parent, who was also a chaperone.

The escalator has been shut down while it's inspected. There is an elevator and stairs that riders can use in the meantime.

DART has said the incident has not disrupted train service.

If you were injured on a Dart facility contact the our offices regarding your injuries and let us assist you.  At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information Car accident laws, call our office at 972-793-8500 to schedule a free case evaluation.

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Rain Causes Flooding, Wrecks

Wrecks Cause by Heavy Rain: Although North Texas needed a good soaking rain, Monday morning commuters had a hard time with the downpour.

Several accidents were reported by 5:30 a.m., including a wreck involving two cars and two 18-wheelers on northbound I-35 at Oak Lawn Boulevard.

Ponding on the road caused one of those cars to hydroplane into the concrete divider and started the chain-reaction collision.

Drivers who are used to dry roads and higher speeds need to allow extra time to get to work or school. Make sure to take caution out on the roadways this morning and keep an eye out for standing water.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information Car accident laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Police Car Accidents: 2 in ONE NIGHT

Police Car Accidents: Two North Texas police officers are recovering after being involved in separate accidents within hours of each other.

The first happened around 9 p.m. in Flower Mound, near the intersection of F.M. 1171 and Morriss Road. Four cars were involved, and the most heavily damaged was the Flower Mound police squad car, which had a demolished front end. Three people were taken to nearby hospitals from the accident scene, including a police officer. Their conditions are not known, but their injuries are said to be not life-threatening.

A few hours later, a suspected drunk driver struck a Grand Prairie police squad while the officer had stopped to help a stalled motorist. That accident on Interstate 30 near Loop 12 happened around 11 p.m. Fortunately, the squad car was empty, and neither the officer nor the stalled motorist were hurt. The suspected drunk driver who hit the squad car was taken to the hospital under police guard with non-life threatening injuries. Police will test his blood to see if alcohol is in his system and charge him accordingly.

These stories are often in the news. Unfortunately, drunk drivers are attracted to the lights on squad cars and often hit and injure police officers while they are just trying to their job. This reminds us that drunk driving can have dire consequences and will make us do stupid things; like running into cop cars. So please don’t drink and drive.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about DWI or Police Car accident laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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LBJ/I-635 Construction Will Cause Major Delays

LBJ I-635 Traffic: For the next five years, commuters can expect traffic delays and lane closures as crews reconstruct Interstate 635 between Interstate 35E and Highway 75.

When it’s complete, the $2.7 billion project will nearly double the capacity on the freeway and include managed toll lanes.

Although there will be at least four lanes for use in both directions for traffic, the lanes open will be changing frequently. Because of the changing areas of construction, drivers should avoid talking on cell phones and texting at all costs. Distracted driving on LBJ during this construction could have terrible consequences for you and your passengers.

North Texans know that wherever there is highway construction there is bound to be traffic. Some businesses are even concerned about the construction causing them problems. Hopefully this massive project will move smoothly over the next five years with the help of cautious drivers. The more aware we are as motorists, the less likely it is car accidents will happen.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Car Accident Laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Motorcycle SUV Crash Results In Cyclist Death

Motorcycle crash results in a Burleson man being killed on Friday when his motorcycle collided with a sport utility vehicle. The accident happened at the intersection of East Renfro and Clark streets. The deceased was driving east on Renfro, approaching the intersection when he collided with the driver's side of a Chevy Suburban, which was turning onto Renfro.

The deceased was not wearing a helmet.

The adult driver and an 8-year-old in the Suburban were unharmed.

This is a somber reminder that not only do riders need to wear a helmet but also for us to keep a watchful eye out there and share the road with the two-wheel warriors.

Unfortunately, not paying attention to motorcycle riders is a common problem here in North Texas. There are many campaigns out there including TXDOT’s Share the Road Campaign and the Look Twice program that promote being cautious and aware of our two-wheeled friends. It only takes an extra second of your time to take a second look at a motorcycle riding around you and it could end up saving that person or person’s life. So please do look twice!

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Motorcycle Accident Laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Texting While Driving: A Crash Victim Gives Stern Warning

Texting while driving crash story reminds us that nothing is so important that it is worth possibly losing your life over. PUT DOWN YOUR CELL PHONES!!!

ENNIS, Texas - A 27-year-old woman was rescued from her burning car last year in Ellis County. She survived and now she has a message for drivers who text while behind the wheel.

Last June, Jamie Nash was driving her PT Cruiser on Highway 83 just east of Ennis when she lost control of her car. It rolled over, hit a tree and burst into flames.

She doesn’t remember much about the crash.

“I remember pleading. I saw one rescuer’s face at the side of my car,” she said. “I just remember screaming for his help. Please get me out.”

Dash cam video of the accident shows Ellis County sheriff’s deputies, Ennis police officers and good Samaritans working together to pull her out of the burning car.

“Then I remember it was actually two months later waking up in the hospital,” she said.

Nash had third and fourth degree burns over 70 percent of her body. She can’t move her arms because the fire burned her elbows to the bone. She must stretch her entire body every hour of the day.

“I’ve only lost three toes though. So out of it all I am blessed,” she said.

That’s why she wants others to hear her story and learn from it. Particularly, Nash remembers texting right before the crash.

“Nothing is important. Put the phone down,” she said.

She knows she was given a second chance at life thanks to God and the people who rescued her.

“I’m different now. My life is forever changed from it,” Nash said.

Read more on myFOXdfw.com: http://www.myfoxdfw.com/dpp/news/042011-victim-remembers-texting-before-fiery-crash#ixzz1KBG7crQC

For more information about this bill or to receive updates, please subscribe to our blog or contact us. At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Texting while driving laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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MULTIPLE-VEHICLE ACCIDENTS ON I-20!!!! More than 50 vehicles were involved in a chain of collisions Tuesday evening that shut down westbound Interstate 20 for about three hours.

The wrecks stretched from Kelly-Elliott Road to South Cooper Street. Three people were being treated for injuries that were not considered life-threatening.

The collisions started about 6:30 p.m., possibly because of rain-slick streets, Flores said. Westbound lanes were shut down from 6:46 p.m.; two were reopened about 9:45 p.m., and the rest about 10:40 p.m.

About 40 officers were sent to the scene to take reports and help get damaged vehicles off the road. 

This is crazy and I am glad that no one was seriously injured.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about multiple-vehicle accident laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Fred Loya and Old American Worst in State

According to the Dallas Morning News, Fred Loya, Old American County Mutual, and a host of other low-cost insurers mistreat claimants. Follow LINK for Full Story.

These companies are difficult to work with. They do everything they can to avoid paying the money they know they should. These companies make their money by selling low-cost insurance to drivers who either can't afford, or more likely due to previous wrecks have been rejected by other, more respectable companies. To compensate for their low premiums and high crash rates, these companies save money by paying inadequate amounts on their claims. They also hire too fewer adjusters so claims are handled much slower than they should be.

If you have the misfortune of being hit by a driver insured by one of these companies, you can expect any or all of the following:

1) Wrongful denial of claims

2) Property damage offers less than the cost of the repairs  

3) Denial of payment for medical treatment

4) Difficulty reaching claim handlers, and rude service when you do.

I don't let my clients get treated like this, and I don't let insurance companies get away with making bad offers. 

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about insurance company laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Another Wrong-Way Driver Accident

Wrong-way driver crash closed a Grapevine freeway for hours late Sunday night. About 11:10 p.m., Grapevine police responded to an accident on southbound Highway 121, just south of Freeport Parkway.

They found a green Chevy Blazer had collided head-on with a white Toyota. An adult male was pinned in the SUV, while an adult woman was trapped in the car. Firefighters had to cut both victims from their cars.

The man was taken by CareFlite to Parkland Hospital, while the woman was flown to Harris Methodist Hospital.

The all southbound lanes of Highway 121 were closed for about three hours while officers investigated the accident. It was reopened in time for morning rush hour.

At this point, it's not clear, which driver was driving the wrong direction, or if alcohol was involved. Grapevine police are expected to release more information soon.

No doubt alcohol was in some way involved in this near death accident. I surely hope that both parties involved received the treatment they need and make a full recovery. It is unfortunate that I so often have to report these tragic wrong-way driver accidents.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about DWI or Wrong-way Driver accident laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Monster Truck, Pedestrian Accident Results in Dram Shop Suit

Monster truck, pedestrian accident results in the family of a woman who was run over by the jacked-up pickup truck in the parking lot of a strip club filing a lawsuit over her death.

Kasey McKenzie's relatives are suing the driver, Eric Crutchfield, and the club, Spearmint Rhino Gentlemen's Club in Dallas.

Crutchfield was arrested at the club March 17 after his Ford F250 ran over McKenzie in the parking lot. He was charged with intoxication manslaughter after initial blood tests showed twice the legal limit of alcohol in his system. At the scene, 27-year-old Crutchfield told officers he never saw McKenzie walk in front of his truck, which was backed into a parking space.

Witnesses reported that Crutchfield had just put the truck in gear and was not speeding through the lot, but also said he wasn't aware anyone had been hit until others stopped him.

The lawsuit, filed Thursday in 101st District Dallas County Court, also mentions Spearmint Rhino President and COO Kathy Vercher and other corporate entities. In Texas, bars and restaurants can be held liable for over-serving anyone who injures someone else in a drunken driving accident. These suits are otherwise referred to as Dram Shop Suits and can often involve a chain of bars a patron may have attended over the course of an evening.  

This is such a tragic story of DWI death and I hope that both the driver and the bar are brought to justice. With the mounting DWI’s popping up in the new, I hope this prompts law enforcement to step up DWI enforcement. 

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about DWI or Dram Shop laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Texting While Driving Ban Passes House

Texting while driving bill has passed the Texas House.

The bill, which passed on a 124-16 vote Thursday, would make it illegal to text while driving but makes clear motorists could still read text and email messages on their cellphones.

Texting is a dangerous and often deadly distraction for drivers. After an amendment to the legislation removed the prohibition on reading electronic messages on cellphones by drivers, the measure easily passed.

The bill will face a final procedural hurdle and is expected to move to the Senate.

I hope this bill passes especially so our young drivers out there realize this is not a good thing.

For more information about this bill or to receive updates, please subscribe to our blog or contact us. At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Texting while driving laws,call our office at 972-793-8500 to schedule a free consultation and case evaluation. 

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Train Accident Kills Walking Woman

Train accident tragically kills woman who was walking along train tracks in Hurst Tuesday afternoon.

According to Dallas Area Rapid Transit spokesman, the accident happened at about 4:45 p.m. near Precinct Line Road in Hurst.

The victim was pronounced dead at what was described as a "gruesome" scene. The TRE or Trinity Railway Express train that hit her came to a stop about a mile away and body parts were scattered this distance.

Hurst police spokesman said the area doesn’t have a lot of foot traffic and he did not know why the woman was there. The victim's name or information has not yet been released.

The train was taken out of service and its passengers boarded a bus.

This is an example of not using a guarded crosswalk going terribly wrong. Our parents told us when we were young to make sure to look both ways, especially when crossing train tracks. This is such a tragic story and I hope it serves as a warning for pedestrians never to cross train tracks unless at a guarded crosswalk.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Train or Pedestrian Accident Laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Bicycle Accident Kills Young Child in Apartment Parking Lot

Bicycle accident last Friday tragically kills a 7-year-old girl, Frida Flores. Frida was riding her bicycle in the parking lot outside her home at Polo Run Apartments in Arlington, when she was vehicle hit her. She was transported to Arlington Memorial Hospital where she later passed away from her injuries. The driver of the vehicle which struck her was reported to be cooperating with the police’s investigation, although the cause of the accident has not yet been determined. My thoughts are with Frida’s family and friends at this upsetting time.

This tragic story reminds us both motorists and other road users must always be careful. Parking lots can be dangerous places for pedestrians because it is unlikely motorists will see you. Just yesterday, an adult pedestrian was fatally struck in a separate parking lot crash in Fort Worth. Although drivers (should) drive slower in parking lots, it doesn’t mean they do, and they don’t necessarily pay attention to people around them either. Also, North Texas has a bad reputation for not properly yielding to pedestrians and the accidents show it.

No matter how much care we take to keep ourselves and our c safe, accidents will still happen. Try to minimize the risks by supervising your children while they play. For safety, it is preferable to have your children play in a park rather than a parking lot. It is the perfect time to enjoy the outdoors, but please be safe out there.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Bicycle Accident Laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Motorcycle Accident: Watch Out for Bikers Out There & Share the Road

A tragic motorcycle accident caused the death of a couple from Weatherford late Friday night when their motorcycle slid into a tractor trailer cab. The crash happened just before 10:00 p.m. along FM-156, just a few miles down the road from the Texas Motor Speedway in Fort Worth.

The 18-wheeler decided to make an unsafe u-turn on FM-156. The bikes brakes locked up as they tried to avoid the 18-wheeler but the married couple on the motorcycle, 58-year-old Mark Meyer and 57-year-old Holly Meyer, slid into the turning truck.

Traffic flow in Tarrant County is at a peak with the Texas Motor Speedway races throughout this past weekend. Police in Fort Worth encourage everyone to exercise caution on the roadways. And now, especially after Friday night’s crash, race fans are taking safety seriously.

Unfortunately, not paying attention to motorcycle riders is a common problem here in North Texas. There are many campaigns out there including TXDOT’s Share the Road Campaign and the Look Twice program that promote being cautious and aware of our two-wheeled friends. It only takes an extra second of your time to take a second look at a motorcycle riding around you and it could end up saving that person or person’s life. So please do look twice!

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Motorcycle Accident Laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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85 Mile Per Hour Speed Limit???

Texas House to Allow 85mph Speed Limit?

The Texas House approved a bill that would allow an 85 mph speed limit on some Texas highways. Wednesday the House passed the measure as part of a larger transportation bill. The bill would allow the Texas Department of Transportation to raise the speed limit on designated stretches of highway after conducting engineering and traffic studies of that roadway.

This bill could have a very negative impact on the roads of Texas and my clients. Higher speed accidents usually lead to more severe injuries and often death.

This bill is steering North Texan drivers in the wrong direction. We will definitely be following the progression of this bill and I hope this does not increase the already high statistics of accidents that Texas has in comparison to the rest of the nation. 

For more information about this bill or to receive updates, please subscribe to our blog or contact us.

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Speed Limit laws, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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Insurance Tips to Save You Money

Not all insurance companies and policies are alike, and the minimum limits are frequently insufficient to pay for the damages sustained by my clients.

Here are some ways to save money.

First, filing your first claim from an at-fault accident no longer guarantees that your rate will go up. Some insurers offer an "accident forgiveness" benefit, for which they'll go easy on your first claim. Ask your insurer whether it offers such a service and whether you qualify. Also, filing under your Personal Injury Protection or other no fault provisions of your policy will not increase your premiums, contrary to popular belief.

If you're a good driver with a clean record, you'll pay less for car insurance than others. This can make a considerable difference. If you're a "high-risk" driver laden with tickets and/or accidents, you can expect to pay at least 15% more than a good driver on average. If your policy costs you $1,500, that's an extra $225 per year. Having a good credit score can also help your chances of getting a good deal.

Some insurers (and even some credit unions and other financial firms) now cover repairs to your car. These policies offer benefits beyond your car's regular warranty; they can pay to fix just about every kind of mechanical problem, not just the drive train or major systems, and the policies apply to work done at a wide variety of shops, not just at a dealer. Older cars with more mileage may not qualify, though. If this costly coverage seems like more than you can afford, consider another option: just pretend to yourself that you are buying it and put the cost of the premiums aside in a special account. Then, if you run into costly repairs, you'll have some money ready to pay for them. If not, you can keep the money -- perhaps to help pay for your next car or truck.

You probably know that certain vehicles will be more expensive to insure than others. High-priced ones with steep maintenance fees, or frequently stolen models, will doubtlessly command a premium. It pays to consider this when you're shopping for your next vehicle. Ask your agent. It's also a good reason to shop around for the best insurance rate. Even given your particular make, model, and year, insurers can vary widely in the premiums they charge. A few extra phone calls or online quotes could save you several hundred dollars a year.

Finally, consider buying some "gap insurance" to protect yourself, in the event that what your insurer will pay for your totaled car won't be enough to pay what you owe on it. Imagine that you take out a car loan to buy a $30,000 vehicle. If it's totaled later, when it's only worth $20,000, and you still owe $25,000 on it, you'll still have to cough up $5,000 beyond what your insurer pays you -- in addition to the cost of a new car.

Texas statutes require that a signed rejection of certain coverage's be provided, or those coverage's have to be paid. I immediately write a letter to my client's carrier when I am hired, and request that the insurance carrier provide a signed rejection for my clients, even when they try to evade my request. There have been cases when companies without rejections have paid my clients insurance benefits even though they had never even purchased coverage's! 

At the Law Offices of Sean Chalaki, our goal is to protect you and your loved ones before the accident and protect your rights after the accident. For more information about Insurance Policy laws and these different coverage’s, call our office at 972-793-8500 to schedule a free consultation and case evaluation.

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WATCH OUT for Pedestrians Out There!!! Children Injured in Pedestrian Accidents

Pedestrian accidents are always difficult to deal with but especially when they involve hit and run drivers. Usually, pedestrian accidents result in more severe injuries than car-on-car accidents.

There have been a couple of tragic incidences of pedestrians being stuck by vehicles this week both involving young children. It was particularly upsetting to hear of one such incident in Grand Prairie where the victim, a three-year-old boy named Hiram Cobos Jr., was struck by a hit and run driver. Hiram is reported to be recovering and is currently being treated in Cook Children’s Medical Center’s Intensive Care Unit for a crushed forehead, broken pelvis and dislocated foot.

Hiram’s father, Hiram Sr., and mother, Connie Cobos, said that they were pulled over on Highway 360 close to Post and Paddock Lane because they had been experiencing engine trouble. As the family walked towards the frontage road a white two-door pick-up truck with an extended cab struck the mother, Hiram Jr., and one of his siblings knocking them down. His father said the truck, believed to be either a GMC or Chevy, seemed to break momentarily following the collision, but did not stop. He ran after the truck but could not catch it. Hiram Jr. was rushed to hospital with a broken leg and swelling in the brain.

While most accidents are preventable, they do still happen, but fleeing the scene as this driver did is unbelievably cowardly. I cannot begin to fathom what sort of person would knock down a young child and just keep on driving. If you have any information regarding this hit-and-run, please contact Grand Prairie Police Department on 972-237-8790.

Another incident occurred this morning while some children were walking to school. The children and their mother suffered minor injuries this morning when they were struck crossing a street in Old East Dallas. The crash happened shortly after 7:30 a.m. at Bryan Street and North Carroll Avenue, near Peak Preparatory School. The driver of a southbound Chevrolet Tahoe told police the sun was in her eyes as she turned onto Bryan, and she didn’t see the family crossing. Reports are the mother and her two children, a 5-year-old boy and 9-year-old girl, were pushed 15 to 20 feet by the sport utility vehicle.

Thankfully, all three were taken to Baylor University Medical Center with only minor injuries.

Unfortunately in the Dallas/Fort Worth Metroplex, it seems that these pedestrians-car accidents are becoming a daily occurrence often while children are walking with their parents to school. We need to keep a better look out for pedestrians so that we can avoid the types of serious injuries that have tragically occurred this week. My good will is with both of these families and I hope that all parties involved make an expedient recovery.

If you were injured as a result of an pedestrian accident, chances are we have handled a similar claim for another client. For more information about Pedestrian Accident laws, Pedestrian related injuries, being a Pedestrian involved in an accident, wrongful death or to discuss your injury claim with a pedestrian accident lawyer, please schedule a free consultation and case evaluation by calling us at 972-793-8500. You may also e-mail us or click here to fill out the form for a free case evaluation.  

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