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If your loved one has been killed due to the wrongful actions of another person in McKinney, you may be eligible to file a wrongful death lawsuit. Under Texas law, an action for wrongful death can be brought if the wrongful act, neglect, carelessness, unskillfulness, or default of one party causes the death of another person.

By law, only certain people are eligible to bring wrongful death lawsuits. The surviving spouse, children, and parents of the person killed can bring the lawsuit. If they do not bring a lawsuit within three months of the death, the personal representative or executor of the estate can file the claim instead. Siblings cannot file a wrongful death lawsuit. Wrongful death lawsuits are in addition to wrongful death criminal cases. In criminal cases, the prosecuting attorney brings the charges, and the individual responsible for the death faces prison, fines, probate, or other punishment.

There are a number of damages that can be recovered in the wrongful death lawsuit. The damages include compensation for losses including lost earning capacity, mental and emotional anguish, the pain and suffering of the deceased, the medical and funeral expenses of the deceased, and loss of inheritance. Wrongful death lawsuits must be brought within two years of the decedent’s death, although there are some exceptions to the general rule.

If your loved one in McKinney has been killed because of the wrongful actions of another person, call the McKinney wrongful death attorneys at the Barber Law Firm at 972-231-5800. We may be able to help. Call today to learn more or to schedule a free consultation.



Police are investigating a tragic crash involving a wrong-way driver, which resulted in the death of two people. Police are investigating whether or not drugs or alcohol could have played a role in the accident.
Before the accident, police received multiple 911 calls about a wrong-way driver. Police believe he entered Highway 114 at MacArthur and drove the wrong way for 5 or 6 miles before the accident occurred. The driver finally hit a vehicle head-on. The drivers of both vehicles were killed.
A spokesperson with TxDOT said they are launching new initiatives to try to reduce wrong-way driving. Those initiatives include raised pavement markers on ramps, and arrows that will turn red if a driver enters the wrong way. The contract for the new pavement markers is expected to be awarded late this summer.
Head-on collisions such as this one can be more dangerous than any other type of automobile accident because of the extreme amount of energy involved when two vehicles make an impact. It’s common for accidents involving vehicles driving the wrong way to end up with one or more fatalities. Many accidents with drivers who were driving the wrong way involve drugs or alcohol, distracted drivers, roads that were not properly marked, or unfamiliarity with the roads.
Across the country measures are being taken to prevent wrong-way driving. Hopefully, more cities will choose to use these types of devices in an effort to reduce the number of fatalities and serious injuries from wrong-way driving. If you have been involved in an accident with a driver who was going the wrong way, call the Dallas personal injury attorneys at the Barber Law Firm at 972-231-5800. Our attorneys will provide you with a free consultation on your case. Call today to learn more.



A Dallas film writer and president of the North Texas Film Critics Association was killed in an accident on April 23. He was at the Dallas International Film Festival and was hit by a car while crossing Mockingbird Lane.
According to police, a vehicle, possibly a truck, struck a pedestrian and fled the scene. The victim was taken to Baylor Medical Center. Eyewitnesses say that the victim was leaving a hotel and crossed Mockingbird Lane at the intersection of US-75 when he was hit. The vehicle took a right on Mockingbird without stopping. Police are investigating to find the person who struck the man.
Almost one out of five fatal pedestrian accidents are perpetrated by hit and run drivers, according to a 25 year analysis done by the National Highway Traffic Safety Administration. The good news is that most hit and run drivers are caught. There are more tools and resources for catching hit and run drivers now than ever before. Many streets have cameras. There may be eyewitnesses with cell phone video. In addition, many businesses have video surveillance outside.
If you have been hit by a vehicle and the driver fled the scene, if you are able to find the driver you may be able to recover compensation for your injuries. You are entitled to compensation for your medical expenses, lost wages, pain and suffering, and more. Likely, it will be an insurance company paying out your damages. In most cases, the insurance company will only pay the minimum. You should speak with an attorney to ensure that you get the full amount of compensation to which you are entitled.
Call the Dallas pedestrian accident attorneys at the Barber Law Firm at 972-231-5800 if you have been injured in an accident with an automobile. We will provide you with a free consultation. Call today to learn more.



Six Flags’ Death Puts Amusement Park Safety in Spotlight

Last month, a tragic death occurred at Six Flags in Arlington. The death occurred when a woman fell out of the Texas Giant, a large roller coaster, and died upon impact. Some bystanders alleged that the victim was complaining about her seat mechanism not being tight enough.

According to officials, there have been 14 injuries connected to the Texas Giant. However, most of those injuries involved bruises and strains that arose as a result of jostling. The woman’s family is said to be in talks with attorneys about proceeding with a wrongful death case. An investigation into the matter is ongoing and will take two weeks to complete. The ride is currently closed and will remain closed until the investigation is complete.

Fortunately, most roller coasters are very safe. According to statistics, the odds of being seriously injured or killed on an amusement park ride are only one in 24 million. The last death that occurred at Six Flags Over Texas, which opened in 1961, happened in 1999, when a raft capsized and a woman drowned.

If you are planning on visiting an amusement park, the odds are great that you will not be injured on any amusement park ride. However, there are some safety measures you can take that will increase the chances that you aren’t injured. First, obey all safety rules. If the signs say a child must be 42” to ride, don’t insist that your 40” child be allowed to ride. Keep your arms and legs inside the ride at all times, and always make sure that your safety latches, belts and bars are properly tightened. If you are pregnant or have health problems, make sure that it’s safe for you to ride each ride before boarding.

While you are at an amusement park, you should also take other precautions to prevent other problems from occurring. Use plenty of sunblock on sunny days, and be sure to stay well hydrated. Keep your children close at hand and safely secure your belonging to prevent theft. Make a note of where the first aid stations are in the event you need them.



Keeping kids safe around pools.

Now that school kids across Dallas are starting their summer vacations, it’s time to start planning summer activities. While you are planning some fun summer activities,  It’s also time to think about keeping kids safe around pools.  About 40 percent of all injury-related emergency room visits and 42 percent of all injury deaths occur between May and August. In order to keep your kids safe, here are a few easy tips to follow:

  • Be vigilant about water safety.    Never leave kids alone near around a pool or other body of water.      Every year in the U.S., thousands of kids are injured in near-drowning accidents, and hundreds of kids drown. Take precautions around home pools, and never leave the kids alone, even for a minute or two. Pool gates and alarms should be used.

 

  • Wear helmets.  If your children are biking or riding a scooter or a go kart, make them wear a helmet. Head injuries can cause death or brain damage. Make sure to choose a helmet that has been approved by the Consumer Product Safety Commission.

 

  • Avoid heatstroke. Many people think of heatstroke as a minor issue involving becoming overheated. However, heatstroke is deadly serious. It can result in organ failure and death. To avoid heatstroke, stay hydrated when you are in the heat, and try to stay inside or in the shade during the hottest parts of the day. Children are more susceptible to heatstroke than adults,      because it is harder for their bodies to regulate changes in temperature.

 

  • Avoid sunburns. Getting severely sunburned as a child makes developing skin cancer as an adult much more likely.  Be vigilant with applying sunscreen that has a minimum of 30 SPF.

Summers can be a great time for children and families, but while you are having fun make sure you take steps to protect your family.



Two people were killed  in a plane crash that occurred in Kaufman County. The plane was a vintage plane that was made during the Cold War. The plane was owned by the Cold War Air Museum. The crash occurred on a clear day. The pilot did not file a flight plan, which according to the FAA is not unusual. The NTSB has been notified and is in charge of investigating the accident.

Unfortunately, it can take time to learn the precise cause of an airplane accident. There are so many factors, both human and mechanical, that can be at play in causing an accident. Private plane crashes can be especially challenging, because they don’t have the flight recorders that commercial planes do. Private planes aren’t also subject to the same strict regulations regarding maintenance as commercial planes.

The families of loved ones killed in aviation accidents have legal rights. They may be entitled to compensation for wrongful death, medical expenses, funeral expenses, lost wages, pain and suffering, and more. Those at fault for the accident can be held legally responsible. That may include the pilot, air traffic controllers, the plane’s owner, the airline, mechanics, the aviation company, and more. It can be complicated to determine liability in a plane crash. Multiple parties can be at fault, and this can make the case complex.

If you or a loved one has been injured in an aviation accident, it’s important to obtain experienced legal counsel to help you sort through these issues. If you are in the Dallas area, contact the Dallas aviation attorneys at the Barber Law Firm. Call them at 866-986-1529. Their legal experience will be a valuable asset on your behalf.



Surprisingly, deaths at railroad crossings in Texas have doubled in the past year. Prior to this recent spike, the death toll at railroad crossings had dropped significantly in the four previous years, in part due to a federal plan for improving safety at railroad crossings.

Some experts believe that railroads are to blame for the increase. They point out that the railroads have increased the speed of trains without changing the timing of crossing gates. However, many blame the drivers themselves, pointing out that they are the ones who are ultimately responsible.

So far this year, 32 people have died at railroad crossings in Texas, which includes the horrific accident that occurred in Midland in the veterans’ parade that killed four veterans. In the previous four years, Texas averaged 20 deaths a year. Although Texas’s railroad crossing statistics are getting worse, nationally railroad crossing deaths have been declining in the past five years. Across the country, 168 people have been killed at railroad crossings, which is 10 less than last year.

A TxDOT spokesperson says that Texas has been developing a plan to decrease accidents, which won’t be fully implemented until 2014, but that motorists hold the key to improving safety. However, others disagree, pointing out that the real issue is that railroads are increasing their train speeds without adjusting the mechanical devices at the railroad crossings. TxDOT documents show that trains are traveling at speeds of 70 miles per hour when the crossing’s designs were based on speeds of 25 miles per hour.

It’s important for Texas drivers to remember to be alert at railroad crossings. The lights, bells and automatic arms may not give you enough of a warning to avoid a crash. If you’ve been injured in a Texas railroad crossing crash, contact the Dallas railroad crossing accident attorneys at the Barber Law Firm at 866-986-1529.



A 25 year old Dallas woman was killed last week after accidentally falling from the roof of a 19 story building. She was sitting near a ledge and moved the position of her legs and fell off the roof. There were no signs that any problem with the building contributed to her fall.

Unfortunately, deaths from falls at elevated heights are not that uncommon. Approximately 25,000 people die from falls each year. Although many of those deaths are elderly individuals who had a minor fall which led to other health problems, many are employees who fall at work or people who simply had an accident.

However, the vast majority of those accidental deaths from falls can be prevented if proper safety measures are taken. First, for those employees who work at elevated heights, before you begin working, make sure that proper protections are available, such as guardrails, harnesses, and scaffolds. Find out what working procedures are in place for the project, and follow those procedures. If at any time you don’t feel safe, stop working until the safety issue is resolved. If your boss or employer doesn’t seem concerned about safety and you feel the project is unsafe, you may want to report the employer to OSHA.

For people who don’t work in a field where an accidental fall is a problem, falls are more likely to occur when engaged in a recreational activity, such as hiking or visiting a tourist attraction. People may have their guards down, and in many instances alcohol is involved. It’s important to stay alert and be aware of potential dangers if you are several stories above the ground. Just because you are surrounded by people, such as while hiking the side of a mountain or watching a game on the upper deck of a football stadium, doesn’t mean you are safe. Don’t let your guard down until you are safely on the ground.

If you had an accidental fall that led to injury, and your fall was due to the negligence of another person or business, call the Dallas accidental fall attorneys at the Barber Law Firm at 866-986-1529. Our dedicated attorneys will help you with your case. Call now.



Hunting Safety Tips

September 13, 2012

Earlier this week, a man from the Dallas area accidentally shot himself while he was dove hunting near Bangs. The accident occurred when he shot a dove on rural property and attempted to retrieve it. He slipped on rocks and his shotgun accidentally discharged, striking him in the abdomen with birdshot. He was flown by helicopter to a hospital in Temple.

For many people, hunting can be a fun sport and a good way to fill the freezer. However, like anything involving firearms, make sure you follow basic safety tips. Be sure to always bring a friend hunting (or at a minimum let someone know where you’ll be and when you’ll be back). Wear orange so that other hunters don’t mistake you for an animal. Don’t bring young children hunting.

While you are hunting, treat the gun as if it’s always loaded. This means not only being careful when you’re cleaning it and handling it, but also when you are pointing it. Don’t point it at something that you wouldn’t want to be shot. If you’re walking with the gun, make sure to always have your safety on and keep the barrel pointed at the ground. Don’t climb with the gun – put the safety on and hand it to your hunting partner, who can hand it back to you.

When shooting, before you take a shot make sure of your target. Take a quick glance to make sure that you are actually aiming at an animal and not at a human. Also, don’t shoot towards a movement or a sound – be sure of what you are aiming at. In addition to checking to see what you’re shooting towards, look beyond your target. Ammo can travel farther than you think.

Hunting can be a lot of fun for many people. However, like anything else, accidents happen. If you’ve been injured in a hunting accident due to the fault of another party, contact the attorneys at the Barber Law Firm at 866-986-1529. They will help you to obtain compensation from the negligent party. Call today.



Earlier this week, a seven-car pileup occurred in Dallas that was believed to have been a result of illegal racing and alcohol consumption. Tragically, two people were killed and three were sent to the hospital.

The accident happened on I-35E in Oak Cliff. A witness saw a Chevrolet Chevelle and another car begin racing on the interstate. Another car, which was not a party to the race, accidentally hit a guardrail and ran into the racing Chevelle. The Chevelle then rear-ended a tractor trailer, which almost split the tractor trailer in two. That caused a chain reaction which caused seven vehicles to become involved.

Two people in the Cadillac were killed. Three others were injured. According to the Dallas County Sheriff’s Department, one person who was racing, the driver of the Chevelle, was hospitalized and arrested for criminally negligent homicide. The authorities also believe alcohol was involved. The authorities also believe the other car that was racing got away.

Two of the biggest causes of automobile accidents are speeding and alcohol. To combine the two on a busy city interstate can lead to tragedy, as illustrated in this story. Unfortunately, not everyone uses good judgment while operating a motor vehicle. The best thing most drivers can do is to buckle up, drive offensively, and be aware of other vehicles that could be operating unsafely.

If you or a loved one has been in an accident caused by another driver, call the Dallas personal injury attorneys at the Barber Law Firm at 866-986-1529. We will help work with you and the insurance companies involved to make sure you get the justice you deserve. Call us today.





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The Barber Law Firm, PC, is a personal injury law firm serving Dallas, TX and surrounding areas. Our job is to put you at ease as we navigate the legal channels of your Dallas personal injury case. Visit our homepage.

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