Negligence is defined in Texas law (and most other states) as the failure to do what a reasonable person would have done under the same or similar circumstances, or doing what a reasonable person would not have done under the same or similar circumstances (such as hitting the accelerator instead of the brake). You have to have a legal duty to the other person such as to drive safely and not hit them. The person is entitled to damages caused by your breach of the duty to drive safely, and not hit them.
Texas is a comparative fault state. If you are found 51% Negligent in Texas (and 32 other States) you get 0.
Board Certified in Personal Injury Trial Law
The Texas Board of Legal Specialization, which is a State of Texas Organization, certifies lawyers to be Board Certified in Personal Injury Trial Law (and other specialties). There are only 1800 lawyers out of over 100,000 in the entire state that are Board Certified in Personal Injury Trial Law. In order to obtain the certification you have to have tried 10 jury trials as lead counsel, pass a written 1 day test, and obtain the recommendation of 5 Judges and other lawyers.
Most of us find ourselves driving farther and more frequently with more vehicles on the road than ever before. Speeding and driver distractions like cell phones, driving under the influence, bad weather conditions and poorly maintained vehicles can all play a role in Houston car accidents. The result is more traffic accidents resulting in personal
Unlike most states, Texas does not have a "dog bite statute." Instead, Texas courts adhere to the common law "one bite rule." Therefore personal injuries stemming from dog bites can mean significant liability for the owner. The one bite rule establishes that a victim can recover compensation from the owner, harborer or keeper of
In Texas, only bicycle accidents resulting in fatalities are reported. However the number of bicycle accident injuries is much higher. Sometimes another car is involved in bicycle accidents, but some bicycle accident are because of faulty roadways or falls. Bicycle accidents may also occur due to weather conditions. A helmet may not totally protect
Many 18 wheeler or semi accidents occur, because the driver has driven too many hours. The driver is tired and not as alert as he should be. These regulations and others are covered by the Texas Commercial Motor Vehicle Drivers Handbook which you can download by clicking the above link. There are also stringent rules
We know that an airplane accident can be devastating for victims and their families. Sheller Law firm is here to help you with advice on how to proceed when an airplane accident has occurred. Commercial airlines, aircraft manufacturers, airport operators, and their contractors have the responsibility to ensure your flight is safe. Each individual is
Car manufacturers recall tens of millions of vehicles every year to address known defects.. Defective cars are responsible for many accidents each year. Some car accidents are a result of a vehicle defect rather than driver error or careless actions. If you feel your accident was a result of a defective car Sheller Law Firm
Many people who are involved in a car wreck may suffer serious or what is called mild brain injury. Mild Brain injuries are often missed at emergency rooms. The symptoms of mild brain injury may not start immediately. The injured person’s family may notice the mild brain injury first as frustration, irritability and problems with
Public buses, school buses and charter buses are generally one of the safest forms of transportation. However when a bus accident occurs it can cause serious or fatal injuries. Like Houston car accidents, bus accidents can result from negligence, drunk driving, excessive speed, texting, other distractions or weather conditions. Bus accidents can also be
Examples of this might be: you are suing a business for not giving you what you paid for, or someone is not paying you what is owed you. If your business dealings become a problem that might lead to commercial litigation, contact David L. Sheller of The Sheller Law Firm for the help you need.
Often the causes of these injuries is a failure to adhere to safety standards. The Texas Legislature and the Texas Supreme Court have barred many of these types of injury to protect the landowners. Construction accidents can often result in substantial compensation if there was a "third party" involved. So, contact The Sheller Law Firm
According to the Texas Drowning Prevention Alliance, drowning accidents are the 2nd leading cause of death in children under the age of 14. Every year many children, as well as adults, die or are seriously injured in or near water from diving accidents, drowning and in other swimming pool accidents. More than 50% of drowning victims treated in emergency departments
The Sheller Law Firm can handle you case if you've been injured in a maritime and/or offshore accident.
According to the FDA, medication errors cause at least one death and harm over 1.3 million people a year in the United States. Misinterpreted prescriptions, the wrong drug delivered to a patient and poor instructions on how to administer drugs can result in tragedy. Some drugs are just too dangerous and should not have been
Generally, workers who work in shipyards, railroads and other types of industrial sites are exposed to asbestos over a long period of time often 25 to 30 years or more. They often do not show any signs of the injury to their lungs, and then all of a sudden contract Mesothelioma which interferes with their
Motorcycle accidents result in hundreds of injuries and deaths in Texas each year. The past few years, the number of motorcycle accident fatalities has increased. Sixteen percent of all vehicle fatalities in Texas involve motorcyclists. Negligence is the most common cause of motorcycle accidents due to the motorcyclist or another motorist or truck driver due to reckless
If you've been injured while working on an oil rig, contact David L. Sheller of The Sheller Law Firm for help in seeking to recover damages for your injury.
The Sheller Law Firm will protect your rights to appropriate compensation if you're ever involved in a railroad accident.
If you or a family member has suffered a personal injury from a work-related or auto accident, The Sheller Law Firm is positioned to help. Over 25 years of experience allows us to determine the best course of action for each client. We listen carefully to the client and provide an honest evaluation of whether
National Highway Traffic Safety administration figures show that in 2015 a pedestrian was injured by a traffic accident every 7.5 minutes, and a pedestrian life was lost every 1.6 hours, all year long. Forty-eight percent of all pedestrian deaths involved alcohol. Pedestrian accidents are commonly caused by a driver’s negligence can result in serious
If you find yourself in a situation where you'd like to "blow the whistle" on government fraud or abuse, The Sheller Law Firm will advise you on how to proceed and even help you prepare your case.