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Archive for August, 2011

Almost a Quarter of Dallas County Drivers are Uninsured

Monday, August 29th, 2011

Recently released statistics show that 24.1 percent of all drivers in Dallas County are uninsured. Among Texas’s largest six counties, that is the highest percentage of uninsured drivers in the state. These statistics are surprising since state law requires that drivers maintain minimum levels of coverage. The state has also maintained a three-year initiative designed to reduce the number of uninsured drivers.

Texas requires drivers to maintain minimum insurance coverage. The minimum coverage amount is $30,000 for each injured person ($60,000 per accident), and $25,000 in property damage. Texas has a program, called TexasSure, which allows police officers and county tax officials to electronically confirm whether a Texas vehicle has insurance coverage. The program is aimed at preventing drivers from using counterfeit insurance cards or canceling insurance coverage later.

If a driver is found to be violating the insurance laws, the first conviction can result in a fine between $175 and $350. Later convictions may result in fines of between $350 and $1,000, a driver’s license suspension, or even impoundment of your vehicle.

It’s imperative for all drivers to obtain uninsured motorist insurance coverage. This insurance is designed to protect you if you’re involved in an accident with a vehicle that doesn’t have insurance coverage. Uninsured motorist coverage doesn’t add much to the costs of most insurance premiums, and it can be crucial in the event of an accident.

Have you been involved in an accident in the Dallas area? If so, contact Dallas automobile accident attorney Kris Barber at the Barber Law Firm today at 817-329-5095. He will provide you with a free consultation on your accident case.

What Repairs is my Landlord Obligated to Make?

Friday, August 19th, 2011

A Dallas firefighter’s death this week shined a light on serious problems that can arise when property owners fail to keep their property in a safe condition. The firefighter was tragically killed when he fell through a second story roof of an apartment building that was on fire. Two separate fires began at the complex, and both were allegedly attributable to electrical problems.

Tenants of the complex said that had maintenance problems been fixed, neither the fires nor the roof accident would have occurred. Tenants had complained about the electrical problems in the past, and a 2010 inspection found problems with the roof.

Under Texas law, tenants have the right to demand that the landlord repair any condition that materially affects their health and safety. By renting the property, the landlord guarantees that the unit will be a fit place to live. You may, however, agree with the landlord that you will make some needed repairs. Also, the landlord doesn’t have a duty to make repairs if you caused them through an accident, abuse, or anything other than normal wear and tear.

If the landlord fails to make repairs to protect your safety, you should notify the landlord by registered mail. The landlord should then make an effort to repair the property within a reasonable time. If the repairs do not occur, you may be entitled to terminate the lease, fix the problem and deduct the expense from your rent, or get a court order demanding the repairs be made.

If you have been injured due to a property owner’s failure to keep his or her property safe, contact Dallas premises liability attorney Kris Barber of the Barber Law Firm at 817-329-5095 today. He will work hard to obtain compensation for your injuries. Contact him today to discuss your case.

How is Fault Decided After a Car Accident?

Friday, August 19th, 2011

Determining fault is very important following a car accident. The party who was at fault typically has to pay for the other party’s medical expenses, damages to his or her vehicle, and other expenses.

Fault is determined by figuring out who was negligent. Sometimes fault is obvious. Both parties involved in the accident will submit their claims to their insurance companies. The insurance companies will determine who they believe is at fault by examining the scene of the accident or photographs, talking to eyewitnesses, and reading the police report. If one of the insurance companies involved believes the driver it covers is at fault, it may offer a settlement to the injured victim. If that settlement is accepted, the case is over.

If the insurance companies do not agree on who is at fault, they may do arbitration or mediation. In those situations, the arbitrator or mediator would determine who was at fault. A last resort is taking the case to trial. At trial, evidence regarding fault would be presented, including testimony from eyewitnesses to the accident, expert witnesses, a police officer at the scene, and perhaps the parties involved in the accident. Following the presentation of the evidence, a judge or jury will determine whether the defendant was negligent or not. If the jury finds the defendant was negligent, it will award appropriate damages to the plaintiff.

If you have been involved in an automobile accident in the Dallas area, you should contact an experienced personal injury attorney. An experienced attorney can help you work through the issues surrounding your injury and can help you get the compensation you deserve. Call Dallas automobile accident attorney Kris Barber at the Barber Law Firm at 817-329-5095 to learn more.

I’ve Been Injured in an Accident. Which Insurance Policies Will Cover my Injuries?

Friday, August 19th, 2011

After a personal injury accident occurs, it can be very confusing to figure out who is responsible for paying your damages. Will any of your personal insurance policies cover the accident? What about the policies of any other parties involved in the accident?

Most automobile, homeowners’, and commercial liability insurance policies contain coverage for medical expenses incurred after an accident without regard to who was at fault for the accident. This coverage in automobile policies typically applies to the insured’s family members and the vehicle’s passengers only, while homeowners’ policies and commercial policies cover only visitors to the premises.

Health insurance, worker’s compensation insurance, or disability insurance carriers usually will pay benefits arising from accidental injuries. However, if you file a personal injury claim against another person or a business and that claim succeeds, then the insurance provider will probably require you to repay these benefits to the company. If the accidental injury is primarily your own fault, then only health insurance (such as through your employer), worker’s compensation, or medical payments coverage may apply. If you are in an accident caused by an uninsured driver, you can be compensated by your own “uninsured motorist” coverage (if you have it) applying the same general rules as insured drivers.

Dealing with your insurance company or companies, as well as any other party’s insurance company after an accident can be frustrating. If you have been involved in an accident in the Dallas area, contact Dallas personal injury attorney Kris Barber at 817-329-5095. He has extensive experience in working with insurance companies and can help protect your rights.

I believe I suffered soft tissue damage in a car accident. What should I do?

Friday, August 19th, 2011

Soft tissue injuries are a very common result of automobile accidents. Soft tissue injuries include damage, such as sprains, strains, tears and soreness to the tendons, muscles and ligaments. Car accidents often cause damage to the body’s soft tissues because of the crash impact and the sudden jolting of the body. That impact can cause soft tissues to stretch, which frequently results in damage. That damage can include pain, limited mobility and swelling.

A big problem with soft tissue injuries is they are hard to diagnose. They can’t be found on an x-ray. It typically takes several hours, or sometimes even days, for a car accident victim to experience symptoms of a soft tissue injury. That means it can take time for victims to get the proper treatment. This also means that often accident victims with soft tissue injuries are viewed skeptically by the opposing parties in an accident case.

Whiplash is a very common type of soft tissue injury. Whiplash occurs when a person is in a vehicle that is hit from the rear, causing the head of the accident victim to jerk forward and back, causing a lot of pressure on the neck. Some symptoms of whiplash include headaches, neck pain, stiffness, and sometimes shoulder and back pain. Whiplash can cause spinal damage, joint problems and constant pain.

Automobile accident victims who suffer soft tissue injuries due to another driver’s negligence can recover money for medical expenses, pain and suffering and more. If you believe you have suffered soft tissues injuries, such as whiplash, in an automobile accident, contact Dallas personal injury attorney Kris Barber of the Barber Law Firm at 817-329-5095 to learn more about protecting your legal rights.

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