Dr Shezad Malik Law Firm has offices based in Fort Worth and Dallas and represents people who have suffered catastrophic and serious personal injuries including wrongful death, caused by the negligence or recklessness of others. We specialize in Personal Injury trial litigation and focus our energy and efforts on those we represent.

Articles Posted in Trucking Accidents

As a Fort Worth Truck accident attorney, I would to share my thoughts about the causes of truck accidents and injuries.

There are many causes of Trucking Accidents, most common include Driver Fatigue, and Mechanical Failure involving the cars and trucks.

Deadly Trucking accidents can result from driver fatigue, inclement weather or road conditions, and vehicle failure.

As a Southlake car accident and car wreck attorney I frequently provide updates to my readers.

If you are involved in a car accident, car wreck, hit and run, fender bender or any other terms you that may use for a car collision, you should be familiar with the Texas driving rules of the road.

As a Fort Worth Car Wreck attorney, I am involved with many of the similar types of car accident cases as I read about this weekend.

The personal injury sage continues. As a Fort Worth Personal Injury attorney I am writing this blog to hopefully provide insight to my readers, about the law works with its byzantine rules and regulations.

The Law and its practical applications are murky at best and we as lawyers have developed our own rituals and our own special language. Because if we spoke in plain English, then it would not be special anymore.

In my last missive I detailed the week before an actual trial that we were getting ready to do on our slip and fall case. The case got continued. Now we are using this opportunity to continue in our siege of the defendants castle. We continue to press our charge and are unrelenting in our skirmishes.

“Cry havoc and let slip the dogs of war.”

And so it begins, twenty four hours from now, with a drop of the hammer and a cry of “Order, Court now in session,” the battle banners would have unfurled with the sounds of trumpets.

As a Fort Worth Personal Injury Attorney, I would like to offer the following insights. As I mentioned in my last posting from the battlefront, we were due in court tomorrow to argue our slip and fall case which just got canceled and set for a new date.

The foul air would have been filled with the clanging of steel, the clashing of shields, the stench of panic and fear permeating the air to be supplemented with whiffs of gunpowder. My friends, this was no ordinary skirmish, but the accumulation of 3 years hard labor. But it was not to be…

My friends that is what a court room feels and sounds like, all shrouded in the fog of war and at the end of the day, one victor and the vanquished. Carnage and havoc for both.

Trials are no easy things and the plaintiffs all want their day in court. It is hard to then explain to them when you get a worse deal at trial that in settlement talks a year earlier.

In this particular battle, the decision to go to war was easy, we had no offers to settle or offers through mediation. Here, if we had failed to press our charge and we lost, what did we lose? We came with nothing and left with nothing. Then the next time the defense would know we spared no quarter, we yielded no ground, and we fought to the last man. Each man died a hero, with sword in hand, a bloody battle indeed.

In this battle dear readers, there are no prisoners.

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Today I settled one of my trucking-car accident cases through mediation. Mediation for those of you who are not familiar with the process, is an alternative dispute resolution process that I frequently employ with good results. As a Dallas Wrongful Death Attorney, I use mediation as a settlement instrument in 80-90% of my personal injury cases.

Usually after the lawsuit is filed, initial discovery is shared and the first round of depositions have taken place, both sides of the dispute will have a good idea of the strength and weaknesses of their respective case. No one case is perfect on all counts.

That is when I usually approach the opposition and ask them to consider and participate in the mediation process. Today we had such a meeting, which was held at a neutral place, the office of the neutral attorney mediator. It is the job of the mediator to listen over a period of several hours to both sides of the conflict and urge both sides to come to a settlement.

Sometimes the mediation process fails and the case goes to trial, this usually happens when the parties are too far apart. That happened to me at the last mediation, 2 weeks ago on a dog bite case. We go to trial in October.

In the present mediation, my client had significant soft tissue injuries after she was rear ended by a 18 wheeler truck. She developed chronic pain and had to have significant medical therapy. The outcome could have been much worse, she could have died as a result of the accident. In this case both vehicles had become locked as a result of the accident and the truck driver did not realize that he was in an accident as he continued to drive. It came to his attention when another truck driver called him on the radio that he was pushing a car up the hill.

I am glad to report that the case settled for a confidential amount and the truck driver/company accepted liability.

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According to OSHA, 4,340 workers died on the job in 2009.

“With every one of these fatalities, the lives of a worker’s family members were shattered and forever changed. We can’t forget that fact.”

-Hilda Solis, Secretary of Labor
Poorly Managed Construction Sites Are Dangerous.

Construction site injuries include:

* Falls
* Struck by falling object
* Struck by laterally moving object or equipment
* Impalement or penetrating injury
* Truck or other motor vehicle accident
* Electrocution
* Explosions
* Burns

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I am proud of our work this week. We just settled another car accident injury claim. My client was minding his own business, one night in Dallas. Somebody plowed into him and rear ended him. The folks who hit him were drunk and tried to run. They were caught by an off duty apartment security guard.

Come to find out they were high as a kite and ready to fly.

Luckily for my client he had minor soft tissue injuries, but he had pre-existing neck problems including cervical neck fusion. Obviously we were concerned that he may have had neck injuries. But after medical evaluation he was cleared of major injuries.

The Texas Supreme Court threw out a $15.8 million verdict, ruling unanimously that lawyers improperly introduced evidence that a gravel truck driver involved in a 2002 accident that killed four members of a Wise County family was an illegal immigrant.

By repeatedly mentioning the truck driver’s immigration status, lawyers for the Hughes family clearly sought to inflame jurors’ passions against the driver and his employer, TXI Transportation Co., the court ruled.

Read full story here.

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An Oregon girl whose truck-driver father accidentally ran her over with his big rig has won $24.3 million in damages from the Portland company that a Sacramento judge found legally responsible for her injuries.

In a court-trial decision returned Dec. 14, Judge David W. Abbott said the firm that hired Simon Loza Mejia, Freeway Transport Inc., was liable for the girl’s injuries.

“Defendant was listed on the shipper’s bill of lading as the carrier,” Abbott wrote. “Defendant insured the load. Defendant guaranteed delivery of the load.”

Read full story here at the Sacramento Bee.

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The family of a bicyclist killed last year in a collision with a truck in Baltimore has filed a $5 million wrongful-death lawsuit against the driver and his employer.

On Aug. 4, John R. “Jack” Yates, 67, was riding his bike behind a truck when he became caught in the vehicle’s rear wheels and was run over as it turned right, police said at the time. Yates died at the scene.

The civil suit, filed in Baltimore Circuit Court on behalf of Yates’ wife, son and daughter, alleges negligence by driver Michael Dale Chandler of Severn and his employer, Potts & Callahan Inc., a demolition, excavation and equipment rental company, and seeks compensatory damages.

Read full story here at the Baltimore Sun.

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