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.
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
As one famous litigator stated, there is no good reason for a perfectly good airplane to fall out of the sky. The National Transportation Safety Board NTSB almost always finds or claims that pilot error is responsible for the crash. In fact, airplanes (and even more so helicopters) require a tremendous amount of care and
BICYCLE ACCIDENTS Take pictures of the area, your bike and your injuries as soon as possible. Always wear a good helmet that is highly recommended by Consumer Reports. Drivers often do not see bicycles or motorcycles. Unfortunately bicycles blocking or slowing drivers paths often makes them mad. Many bicyclists that are hit by a car
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
Buses are commercial vehicles and the driver has to have a commercial driver’s license. Buses are highly regulated by the state and have a plethora of laws to adhere to. If you are hit by a bus you will have serious injuries. If you've been involved in a bus accident, contact David L. Sheller of
Most of us find ourselves driving farther and more frequently with more vehicles on the road than ever before. Driver distractions like cell phones, driving under the influence, bad weather conditions and poorly maintained vehicles can all play a role in a car accident. The result is more traffic accidents on our roads than ever
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
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
Many people are hurt by diving into a pool that is much shallower than they realize causing them to break their neck. Drowning injuries often involve small children who are not watched closely enough by lifeguards etc. Sometimes people can be caught in a pool drain or something else. If you or your family has
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
Take pictures of the area, your bike and your injuries as soon as possible. Always wear a good helmet that is highly recommended by Consumer Reports. Drivers often do not see bicycles or motorcycles. Unfortunately motorcycles blocking or slowing drivers paths often makes them mad. Many motorcyclists that are hit by a car suffer serious
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 can help you if you've suffered damages caused by a defect in your car.
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
If you have been injured by a vehicle while you were a pedestrian, The Sheller Law Firm will help you by analyzing your case for free to see what your chances are of recovering damages from the vehicle driver and/or owner.
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.