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 .

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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 .

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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 .

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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

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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.

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