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Texas Personal Injury News

Tuesday, August 25, 2015

Crash Facts Involving Large Trucks — A Texas Truck Accident Lawyer is Your Ally


Statistics show that the majority of fatalities in 18-wheeler collisions occur to those driving or riding in passenger cars. The size and weight disparity between the two is simply too great for the outcome to be favorable for the smaller vehicle. A fully loaded semi-truck can weigh up to 30 times as much as a 4-door sedan.
Read more . . .


Tuesday, August 11, 2015

Injured by a big rig? Contact an East Texas Truck Accident Lawyer

If you have ever traveled on a Texas highway with 80,000 pounds of 18-wheeler bearing down on your bumper, you know that it can be quite intimidating to share the road with the big rig behemoths. Because commercial trucks need extra time to both speed up and slow down, it is imperative that they allow enough room between them and any passenger cars. When factoring in the blind spots inherent in the design of all 18-wheelers, motorists can find themselves at considerable risk from negligent truck drivers. 

The life you save may be your own

There are certain driving behaviors motorists can adopt to help give them an edge on highway safety. Taking these tips and suggestions into consideration when behind the wheel may help you avoid a deadly accident and injuries. Keep the following precautions in mind when cruising down the interstate:

  • Avoid the trucks' "No Zones." If a truck driver can't see you or your vehicle, you are at risk. These big rigs have four primary blind spots where other motorists appear suddenly invisible to truckers. While it may be necessary to briefly occupy these spots while in transit or changing lanes, avoid driving for long periods immediately in front of or behind a truck, as well as the areas to the left and right just behind the cab.
  • Use care when passing 18-wheelers. Don't cut off a truck, as the truck driver is unable to stop on a dime. When passing a big rig, use your mirrors to verify that you can see the whole truck before shifting back to the lane. It is recommended that motorists leave a minimum of four car lengths' space between them and large trucks.
  • Leave room for right turns. Have you ever noticed how widely a truck driver swings his rig to the right when turning? If you are in between the truck and the roadside, you could be in a danger zone.
  • Don't tailgate. A car is at a definite disadvantage when it runs up against the bumper of a semi-truck or 18-wheeler. What can be a minor fender-bender for the truck can cause catastrophic injuries or death and total most passenger vehicles. The bumpers on most commercial trucks are not designed to absorb an impact. Due to size disparities, they are not likely to line up with those on a car. Running into the back of an 18-wheeler can open up your car like a can of sardines.
  • Give them plenty of room. The more distance between your passenger car and a big rig, the less likely they are to collide. As a collision between a truck and a car does not usually bode well for the occupants of the 4-wheel vehicle, this is an important safety precaution to observe. One way to make sure there is enough distance between you is to note a stationary object ahead, like a road sign. When the trucker passes this object, begin counting. If your car passes the stationary object before you can count to two seconds, you are too close for comfort.
  • Don't drive behind a truck backing up. This is more of a hazard in parking areas and loading zones than on the interstates, but never place your person or vehicle behind an 18-wheeler as it attempts to back up.

Truckers bear increased financial responsibility

The Texas Department of Public Safety promotes safer driving by truckers through voluntary compliance with safety guidelines. But in reality, accidents happen every day on Texas highways and surface streets. Because collisions between cars and semis can be so devastating, big rig drivers or the companies that employ them are required to take out additional insurance coverage far above the minimum limits of passenger vehicle drivers.

This means that the drivers or companies must have sufficient coverage in place to meet the minimum liability requirements for any environmental or property damage, as well as bodily injuries, for which they are deemed to be responsible.

It's not pleasant to contemplate, but lives are changed in the blink of an eye when vehicles collide on a roadway or interstate. Even those lucky enough to walk away without a scratch may face extensive vehicle repairs or even replacement. But the fact is that far too many don't walk away.

Some motorists and passengers may suffer physical injuries that leave them incapacitated and unable to work or carry out activities of daily living. These injuries may be temporary or permanent; they can wind up with life-long disabilities or disfigurements after a crash with a large commercial vehicle. Few, if any, will have the necessary insurance coverage to meet all of their medical bills and rehabilitation costs. This is one reason behind the disparity in the amount of coverage that trucking companies and drivers must carry when compared with 4-wheel vehicle insurance policies.

Some damages don't leave a scar

Survivors of horrific collisions often are diagnosed with Post Traumatic Stress Syndrome months or even years after the accident. The mental and psychological traumas from which these accident victims suffer are very real and can severely inhibit their ability to resume normal activities like simply driving to and from work each day.  

Just for a moment, imagine how difficult your life would suddenly become if you were unable to drive or even ride in a vehicle due to lingering psychological scars from a previous wreck. You or a loved one might suddenly no longer be able to do some, or even all, of the following:

  • Commute to and from a job
  • Pick up or drop off your children at school or other activities
  • Shop independently for clothing, groceries or household necessities
  • Transport you and other family members to medical and dental appointments, leisure or worship activities

Instead, you could become completely dependent upon another person, and the vagaries of their own day-to-day schedule, for the most minor and intimate activities.

When bad things happen to good people, it is often not enough to trust that the system will provide for them and their present and future needs. Insurance companies have a duty to keep their profit margins high and their settlement offers low. They retain entire firms of high-priced attorneys whose sole responsibility is to prove that their client bore no liability for an accident victim's injuries, pain, suffering and reduced quality of life.

Where to turn after an accident with serious injuries involving a big rig?

Some accident victims elect to pursue justice on their own because they believe that they will fare better financially without retaining an attorney to vigorously pursue their claims for damages. This can wind up being penny-wise but pound-foolish. Personal injury attorneys can closely estimate the worth of a case and deflect settlement offers that fall far short of the mark. They can put legal pressure on defendants to release documents that would demonstrate their liability for an injured motorist's injuries and medical bills.

If you have been injured in a collision with a big rig, consult with the Truck Accident Lawyers with Chandler, Mathis & Zivley.


Sources:
 

http://www.txdps.state.tx.us/InternetForms/Forms/MCS-9.pdf#page=53

https://www.psychologytoday.com/blog/rejoining-joy/201108/psychological-injury


Tuesday, July 7, 2015

9 Big Things a Lawyer Does (and Doesn't Do) When Handling a Pharmaceutical Case

 

A wrongful death attorney has the unenviable job of pursuing justice for an individual who suffered serious harm or death from taking a prescription medication. Drug manufacturers frequently release medications to the public that have serious side effects, and they aren't always as safe as manufacturers claim they are. When a death occurs as a result of taking a prescription medication, the stakes are much higher for the survivors. Following are nine reasons why retaining an attorney for pharmaceutical cases that resulted in death can be beneficial to those who have suffered.

1. Doesn't charge a fee. 

In these types of cases, a lawyer won't charge a fee up front. Instead, the fees are paid from the financial award to the client -- if the case is won. In the event that the case isn't won, the client never pays a cent -- even though the lawyer put out his funds to pursue the case. This is done to encourage injured parties to come forward and take advantage of their legal right to recover economic damages after being injured. In the event of death as a result of medication, the family has the option to seek justice on behalf of the deceased -- no matter their financial situation.

2. Make sure that the statute of limitations hasn't run out.
    
The State of Texas has a two-year limit on filing a defective products lawsuit. That is to say, the injured party or their family members have two years from the date of taking the medication that caused injury or death to file a lawsuit in court. If the time has run out on filing suit, the court will not hear the case no matter what the reason is for not filing on time. There may be extenuating circumstances that prevent the injured or his/her family from seeing a lawyer right away, but it's best to see a lawyer at the first available opportunity in order to preserve the facts of the case while the details are still fresh. 

3. Determine the facts of the case, or how the drug caused injury or death. 
    

The pharmaceutical manufacturer may have failed to warn adequately about side effects, resulting in injury or death. When this happens, it is, at the very least, a violation of the trust that the patient gives the manufacturer when taking their medication. The lawyer investigates the events that led up to the injury or death, and seeks to uncover how the medication caused harm.

4. Consult with expert witnesses to examine the case.

It's possible that the cause of injury or death isn't clear-cut. The lawyer, while having extensive knowledge of pharmaceutical cases, is not a physician or medical expert. An expert witness with a medical background takes on the job of examining the case file and determining what went wrong, how, and where. 

5. Pursue justice -- and compensation.

In the event that a family member died as a result of an adverse reaction to the drug or side effects, the lawyer can help the family make an attempt to receive economic damages for the loss of income from the deceased. This one may seem morally wrong on its surface, but it is a completely valid request in a wrongful death from a pharmaceutical lawsuit. The deceased provided financial support to their family, and it is possible for a wrongful death attorney to put a number on that support. Some of the items included in an economic damage include:

  • The cost of the output of the deceased. If the deceased was in the business of creating goods of some sort and selling them for financial benefit, the total sales volume can be calculated and included.
  •  Loss of inheritance from another family member. If the deceased was due to inherit money from parents or other family members, and that inheritance was lost due to their death, the survivors may allowed to include that amount in the lawsuit.
  • Loss of love and comfort from the deceased. This one may sound a bit odd, but it's in line with pain and suffering. While it's difficult to put a value on something as seemingly abstract as emotional loss, it is possible to do so and sue for the amount in court.
  • Loss of leadership, or the loss of guidance that family members received from the deceased. This is akin to the loss of love and comfort
  • The cost of funeral and burial expenses that were incurred when least expected.

6. Make negotiations (whenever possible).

Wrongful death and personal injury attorneys generally approach the pharmaceutical company directly about settling before taking the case to court. Sometimes, a pharmaceutical company sets aside a fund for lawsuits and may prefer to pay out an agreed-upon sum as opposed to litigating in court. It's unusual -- but not unknown, either. A skilled lawyer may be able to satisfy all parties without having to drag the situation out in the courtroom.

7. Take it to to trial.

A good lawyer will also not hesitate to pursue a case in court when negotiations fail to elicit a response or result from the pharmaceutical company. This is the more likely scenario for most victims of bad drugs, as manufacturers frequently don't care to admit fault about their products. Manufacturers will often prefer to fight the action in court, so that they can maintain sales of the drug instead of pulling it off the market -- until absolutely forced to.

8. Decide what kind of suit to file.

Determine if the case belongs on pharmaceutical dockets for an individual suit, class-action or multi-district legislation action. Depending on the details, the case may be better off as an individual suit (which involves one plaintiff only), a class-action suit (comprised of multiple plaintiffs acting as a unit), or multi-district legislation action (where multiple cases are combined but still ruled on individually). A lawyer can help decide which of the types of pharmaceutical dockets makes the most sense for your situation.

9. Advocate for the client in court.

When and if the case goes to court, there are going to be questions raised -- and, sometimes, accusations made that question the truthfulness of the plaintiff. The plaintiff's attorney knows the truth, as does the plaintiff. However, the pharmaceutical company doesn't want to admit responsibility, and its lawyers are going to do what they can to put the blame on the plaintiff instead of the medication. Your lawyer's job is to stop them in their tracks.

 

Citations:

http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html

http://www.nolo.com/legal-encyclopedia/time-limits-filing-product-liability-claim-29558.html

http://www.dynamicchiropractic.com/mpacms/dc/article.php?id=57092

http://www.druginjurylaw.com/

 


Friday, November 14, 2014

State Bar of Texas set to honor Chandler as Legal Legend

Texas is full of legends. Tomorrow, it will have one more.

George Chandler - Lufkin Daily NewsThe Litigation Section of the State Bar of Texas is scheduled on Monday to induct Lufkin attorney George Chandler as a Texas Legel Legend at Baylor University.

Chandler is the founder and chairman of Chandler, Mathis & Zivley.

Texas Legal Legends’ purpose is to memorialize the stories of many legendary lawyers who have practiced in Texas, according to information provided by the State Bar of Texas, and to use those stories to enhance the public’s understanding of the historical importance of law students and lawyers to “emulate legends like Chandler by serving others and making difference – not just a living”

Read the whole Article (PDF)

Photo by ANDY ADAMS/The Lufkin News

Tuesday, September 2, 2014

Don't Hesitate In Speaking To an 18 Wheeler Accident Lawyer for Legal Advice

Victims in automobile accidents don't always get the justice they deserve but that can be the result of their failure to take action when it is justified. If you're involved in an accident, you need to speak to an attorney to determine if you have grounds for a lawsuit, especially if you believe the other driver was at fault. When that other driver is operating an 18 wheeler or similar commercial vehicle, it's important that you hold them accountable when they're at fault because if you don't, they're more likely to repeat their offense. To get legal advice in this situation, you'll want to consult with an 18 wheeler accident lawyer that has previously represented these cases and won so that you can trust the advice you're receiving.

The companies that own these 18 wheeler trucks and employ the drivers will certainly want to avoid accepting any blame for the accident. This is why they have legal teams prepared for these situations and that's why you need to have an equally prepared 18 wheeler accident lawyer working on your behalf. You want someone that won't be intimidated and will put your best interests first. The Law Offices of Chandler, Mathis, & Zivley can provide you with this kind of representation.

When you contact our firm, we will give you a free case review with an 18 wheeler accident lawyer so that you can get your side of the story on record. This is an important step to take right away so that the details are still fresh in your mind. A Personal injury attorney will fully assess the circumstances of the incident so that we can recommend whether or not you should move forward with litigation. If you make that decision, we'll be ready to go to work building your case by gathering additional witness testimony and evidence to support your stance.

An 18 wheeler accident lawyer from Chandler, Mathis, & Zivley will work hard fighting for your rights, even if that means taking your case all the way to court. We're known as a "trial firm" because we're not afraid to go to court and when we do, we utilize state of the art techniques to present the best case to a judge or jury. This can include computer animations, computer reenactments and any other methods that we feel will help you win your case and get the compensation you deserve.

Thursday, March 20, 2014

ANGELINA JURY AWARDS $2.7 MILLION TO 6-YEAR OLD BOY

By Christine S. Diamond - Lufkin Daily News

An Angelina County jury on Thursday night awarded $2.7 million to the 6-year-old son of a man who died in an automobile accident in December 2000.

Emerson Roy Shaw Sr. died at age 36 on Dec. 26, 2000, when his Ford Aspire collided with a United Parcel Service truck that hydroplaned on state Highway 63 just east of the Zavalla City Hall and crossed the center line, according to former Zavalla Police Chief Josh Parks.

The jury awarded Shaw’s son, Emerson Roy Shaw Jr., $2.65 million for the loss of his father, according to plaintiff’s attorney Reich Chandler. Jurors also awarded the man’s family $50,000 for the mental anguish he suffered in the moments after the accident, as well as $6,000 for burial costs, Chandler said.

UPS attorney Doug Gosda said it was too soon for him to comment on the case or say whether UPS intends to appeal the jury's decision.

Melinda Shaw filed the wrongful death suit as next-of-kin for Shaw Jr., her nephew. She is the boy's current guardian. In addition to caring for the boy, Melinda Shaw is raising two of her own children and the child of a deceased sister, Chandler said.

At nine months old, Emerson Shaw Jr. lost his mother to the same disease that brought him into the world mentally handicapped, Chandler said. Shortly after his father's death, the boy’s grandmother also died, the attorney said.

Chandler said UPS’s attorneys argued that because the boy's grandmother was raising Shaw Jr. at the time his father was killed, the father's death should be of no economic value to the boy, Chandler said.

"His father regularly visited him," Chandler said. "And (Shaw Jr.) spent every other weekend or so with his dad at his father's home.

"Justice was finally served in this case for this little boy," he said.

Wes Allen Thomason, the 32-year-old driver of the UPS truck, was neither ticketed nor charged with any offense in connection with the traffic accident, Chandler said. UPS initially terminated the Lufkin man, but rehired him after he filed a grievance through his union, Chandler said.

UPS also blamed Texas Department of Transportation in the accident, alleging the road was in poor condition, Chandler said. Parks said the accident was Zavalla's first fatal wreck in many years and the first he had seen in that area.

"It was raining at the time of the wreck and we alleged that the UPS truck — which had a history of hydroplaning, had defective tires and that the driver was driving too fast for the circumstances," Chandler said.

After four days of hearing evidence, the jury deliberated for four hours before announcing their decision about 7 p.m. Thursday, Chandler said. The jury award is the largest this year in Angelina County, he said. "We didn't ask for a specific amount. They just used their good judgment to determine the proper amount of this child's loss," Chandler said. "There's no norm in a case like this. It all depends on the evidence.”

State District Judge Paul White, who presided over the civil trial, appointed Lufkin attorney Clay Dark as the boy's legal representative, Chandler said.

"This award benefits just the child," Chandler said. "Clay Dark's job is to make sure that any money awarded to the child is properly invested — custodial care, therapy, those types of things."

Tuesday, November 19, 2013

The Sooner You Consult With A Semi Truck Accident Attorney From Chandler, Mathis, & Zivley The Better

Making the mistake of not contacting a Semi truck accident attorney following the incident is a decision that often comes back to cost victims in these situations. The circumstances of these accidents are often such that the true damage isn't fully realized until time has passed but by that point it may be too difficult to build a strong case. If you're the driver of a car that's been in an accident with a semi truck, certainly you know the immediate damage but as you try to recover financially, the long term repercussions could be more than you're able to handle.

If you decide later that you want to hire a semi truck accident attorney, you'll wish you had done so earlier so that your side of the story is on the record while the details of the incident were fresh in your mind. This is why it's in your best interests to contact the Law Offices of Chandler, Mathis, Zivley, PC, right away and take advantage of our free case review. This is your opportunity to speak with a Semi truck accident lawyer that has experience in these cases so that you can get your questions answered without feeling pressure or obligation. You can't make an informed decision about potential legal action until you've had an expert assess your situation and help you better understand your options.

Consulting with an a semi truck accident attorney from Chandler, Mathis, & Zivley is valuable because we've worked on these types of cases in the past and can tell you whether your situation warrants a lawsuit and what it will take to be successful. You need to hold the trucking company accountable if they're at fault in these accidents because if you don't, it only makes it more likely that their negligence in the future could lead to another accident that has even more severe consequences.

If you're facing financial challenges because of the incident, such as medical bills or repair costs to your car, you could be entitled to financial compensation. You could need this help even if you're insured because your insurance may not cover everything. By consulting with a semi truck accident attorney from Chandler, Mathis, & Zivley, you'll learn how to get that assistance and have someone that's ready to go to work right away building a case and won't be afraid to pursue it all the way to court if that's what it takes to win.


Monday, January 28, 2013

What to Look For When Hiring a Tractor Trailer Accident Lawyer


If you (or a loved one) have been injured and need to hire a Tractor Trailer Accident Lawyer, there are important things you should consider before making the final selection. After all, when these large vehicles collide with your passenger vehicle, extensive damage can happen--the type of damage that can not only destroy your vehicle but can also alter your life. While you will undoubtedly be presented with many options for a Personal Injury Lawyer, not all attorneys or law firms are created equal.
Read more . . .


Thursday, December 17, 2009

Lufkin Lawyer George Chandler Named Baylor Lawyer of the Year

eorge Chandler learned he had been selected Baylor Lawyer of the Year while he entertained some fellow Baylor Lawyers at his ranch in Wimberly. Pictured left to right are Baylor Law Dean Brad Toben, Noley Bice, former Texas Gov. Mark White, Chandler, Baylor Law Professor David Guinn and Ray Stoker.

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Renowned trial lawyer George Chandler, founder and chairman of Chandler, Mathis & Zivley in Lufkin, Texas, has been named the 2009 Baylor Lawyer of the Year by Baylor Law School. Chandler will be honored at a luncheon on Jan. 15 at the Crown Colony Country Club in Lufkin.

"George has, in his life and in his career, set a mark that provides each of us with aspirational goals of the loftiest sort," said Baylor Law Dean Brad Toben. "He has attained the pinnacle of achievement as a trial lawyer. He has been honored time and time again for his work in the courtroom. He has a passion for vindicating the rights of those who have lost loved ones, suffered grievous injury or otherwise been tread upon wrongfully. For George, his trial work is about reaching out to serve others in the courtroom and in the profession, a profession in which he has been a consistent, strong voice of leadership.

"George looks back to his Baylor experience, and especially so his experience at Baylor Law School, as one that equipped him to fully be a servant to others," Toben added. "He is a consistent cheerleader and supporter of the Law School and my colleagues and me, and few can claim that they love the Green and Gold more than George and his team mate in life, his beloved Martha.

"I am delighted in my heart to see George receive this accolade from the Baylor Law Alumni Association. He joins company in this with a 'who's who' of Baylor lawyers who have used their gifts and talents to make a difference in the lives of so many."

Chandler graduated from Baylor University in 1960 with a bachelor's degree in history. He attended Baylor on a tennis scholarship, and was the MVP of the Bears' 1960 tennis team. Upon completing his undergraduate work, he attended Baylor Law School, graduating in 1962. Chandler was a member of the Baylor Law Review, and in 1962, he authored the law review article "Exhibition of Injuries of Plaintiff in a Civil Case."

Noley Bice, who was a Baylor Law classmate of Chandler, had nothing but praise in his nomination letter. "He was the kind of person who all wanted to like and enjoyed being around. This has not changed. George is liked and respected by those who have battled against him in the pits. He is the consummate professional and is the poster child for what Baylor Law graduates wish to see in all Baylor lawyers," wrote Bice, who served as General Counsel for Baylor University.

David Guinn, Professor of Law, echoed Bice. "George Chandler is one of the finest graduates Baylor Law School has ever produced," he said.

After graduation, Chandler began work with the Corpus Christi personal injury firm of Edwards & DeAnda, where he practiced until 1964. He then moved back home to East Texas, where he has practiced ever since. In 1971, Chandler formed his own firm, specializing in plaintiff's personal injury and commercial trial law, and has operated that firm for almost 40 years.

Chandler's numerous significant jury verdicts on behalf of his clients have received nationwide attention. He is a one of the most frequently requested speakers on trial tactics in Texas and throughout the nation, serving approximately 100 times on continuing legal education faculties around the country.

He was elected by his fellow statewide trial lawyers as the 2003 President of the Texas Trial Lawyers Association, an organization he has been involved with since 1974. He has served as director and director emeritus of the TTLA and has sat on the TTLA Executive Committee since 1999. Additionally, Chandler is a member of the prestigious International Academy of Trial Lawyers, limited by invitation to 400 trial lawyers worldwide. He is a Diplomate of both the American Board of Trial Advocates and the National Board of Trial Advocacy and has served by appointment on various committees of the State Bar of Texas.

In addition to these many accomplishments and honors, Chandler has served a four-year term with the Association of Trial Lawyers of America as a state committeeman from Texas, and was president of the Angelina County Bar Association in 1984. Chandler has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1978, the very first year that certification was available.

Chandler received the 2009 Texas Bar Foundation Ronald D. Secrest Award of the Texas Bar Foundation for the Outstanding Trial lawyer in Texas for 2009. He also received the Lifetime Achievement Award for 2009 of the Texas Trial Lawyer's Association for contributions to the justice system. George and his wife of 50 years, Martha, are both active in the First Baptist Church and both have taught adult Sunday School for many years.

Chandler is AV rated by the legal publication Martindale-Hubbell (that directory's highest rating) and was a founding member of the Tonahill Society, a group of trial lawyers and judges dedicated to the preservation of trial by jury and the betterment of the legal profession.

"As long as I can remember, the name George Chandler has been associated with what is good in our profession, and what is great about Baylor lawyers," wrote JoAl Cannon Sheridan, president of the Baylor Law Alumni Association. "George not only is an excellent trial lawyer with a creative, academic mind, he is a good person. He is kind and respectful to opposing counsel and always will to take time to mentor young lawyers. His awards and honors are too numerous to mention, however, given his dedication to Baylor University and the Law School in particular, I believe this award would be his most treasured."

Chandler and Martha have two children -- daughter, Kelly Michaels, and son, Reich Chandler, who passed away in 2006 and was also a Baylor lawyer. The couple also has three grandchildren.

The Lawyer of the Year award is given annually to an outstanding alumnus who has brought honor and distinction to Baylor Law School and the legal profession. Past recipients include Watergate Special Prosecutor Leon Jaworski, former Texas Lt. Gov. Bob Bullock, former F.B.I. director William Sessions, former U.S. Rep. Jack Hightower and Gov. Price Daniel Sr., among others. The award has been presented by Baylor Law School since 1963.

Contact: Julie Carlson, Baylor Law School, 254-710-6681

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