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.

The Texas Department of Transportation recently launched a campaign to remind pickup truck drivers about the importance of buckling up every time they get in their vehicles. According to TxDOT, using a seat belt reduces the chance of fatalities among pickup drivers by 60 percent.

Currently, seat belt usage in Texas is at an all time high among individuals in cars. However, statistics show that pickup truck drivers are not using their seat belts regularly. In Texas, one out of every two pickup truck drivers killed in a traffic crash was not buckled up. The number of trucks involved in fatal crashes in Texas was about 20 percent higher than the number of cars involved in fatal crashes.

There are a couple of reasons officials believe that pickup truck drivers are less likely to buckle up than other drivers. First, pickup drivers often believe they are safer because they are driving a larger vehicle. However, according to TxDOT statistics, pickup trucks tend to roll over during crashes and sling passengers that are not buckled up out of the windows. Another reason pickup truck drivers are less likely to buckle up is because more pickup trucks are driven by younger males, a demographic that is in general less likely to buckle up than other groups of individuals.

Although traffic fatalities have decreased between 2003 and 2009, traffic crashes remain the leading cause of death for individuals under the age of 44 in Texas. In 2009 alone, more than 3,000 people died in fatal collisions in Texas, and just under 50 percent were not buckled up. In addition to the safety reasons to buckle up, if you fail to buckle your seat belt, you could receive a ticket for $250 or more.

Have you been involved in a pickup truck accident in Texas? If so, contact Kris Barber, Dallas automobile accident attorney at 817-329-5095. He will help you obtain the compensation you deserve for your accident.

Recently, several bills in Texas that would have cracked down on bad behaviors by drivers have failed to become law.

Last week, Texas governor Rick Perry vetoed legislation that would have banned texting while driving. The bill would have punished anyone found to be texting while driving with a fine of up to $200 and up to 30 days in jail. If their actions resulted in injuries to another person, the driver could have faced 180 days in jail and a $2,000 fine. Governor Perry failed to sign the bill because he believed it represented an effort on the part of government to micromanage the behavior of adults.

Another series of bills that failed to become law were aimed at preventing drinking and driving. A Texas representative sponsored a bill that would have suspended the driver’s license of anyone convicted of a fifth DWI offense. She plans to try again during the 2013 legislative year. Another bill that didn’t pass was tougher on drunk drivers – it would have revoked the drivers’ licenses of anyone convicted of a second drunk driving conviction.

However, one bill that may become law that deals with DWIs is the Abdallah Khader Act, which would increase the penalties for some drunk drivers. In some DWI cases in which the victim is left in a vegetative state, the maximum penalty would be 20 years in prison instead of 10. In misdemeanor DWI cases where the driver has a blood alcohol content of 0.15 or higher, the maximum penalty would be a year in jail instead of six months. The bill was named after a two year old who was left in a vegetative state after a repeat drunk driver hit his family’s car.

Accidents caused by texting and driving, or drinking while driving, are especially tragic because they could so easily be prevented. If you have been injured in an accident caused by the bad behavior of another driver, contact Kris Barber at the Barber Law Firm. Call him today at 817-329-5095.

At any given time, approximately 6.5 million people are working at over 200,000 construction sites across the United States, according to the Occupational & Safety Health Administration (OSHA). Tragically, the fatality rate for the construction industry is higher than for any other industry in the nation.

OSHA offers tips for construction workers on staying safe while on the job site. First, always be careful when using scaffolding on a construction site. Over 4,000 workers are injured and 50 are killed each year from scaffolding accidents. Make sure the scaffolding is set on sound footing and is maintained. The scaffolding should not be altered in any way. It should not be used in bad weather or if covered with snow, ice, or any other slippery material. Scaffolds should only hold the weight they were designed for.

Always wear the right personal protective equipment for the job, which can include protection for the face, eyes, hands, feet and head. Before using, make sure the equipment is maintained and that it fits properly.

Electrical accidents are also a frequent source of injuries for construction workers. Do not put ladders or other equipment or materials within ten feet of power lines. Maintain all electrical tools and equipment in safe condition. Make sure that damaged electrical cords are replaced quickly.

Have you been injured in a Texas construction accident? If so, contact Dallas construction accident attorney Kris Barber at the Barber Law Firm. Call him today at 972-231-5800 to find out more about construction accident cases.

The Texas Department of Transportation is launching a campaign to raise awareness of the dangers of distracted driving called Talk. Text. Crash. The campaign is intended to encourage Texans to put down their cell phones while they are driving.

According to the National Highway Traffic Safety Administration, fatalities from distracted driving are on the rise. The proportion of fatalities reported with driver distraction increased from 10 percent in 2005 to 16 percent in 2009. A big portion of the increase can be blamed on cell phones and the increased popularity of texting or emailing while driving.

In Texas, according to the Texas Department of Transportation, about 25 percent of crashes involve driver distraction. In 2009, over 100,000 vehicles were involved in accidents in Texas involving driver distraction, and 408 of those crashes were fatal.

Although cell phone usage, including talking and texting, is one of the most common causes of distracted driving, there are many other driver distractions that can cause a driver to wreck. Some of the more common causes of distracted driving are eating, smoking, talking to others in the car, or using a GPS device or a radio. In 2009, 3,308 crashes in Texas were attributed to cell phone usage. In 41 of those accidents, at least one person was killed.

Have you been injured in a Texas accident that was caused by a distracted driver? If so, you may be able to recover damages for your injuries from that other driver. Contact automobile accident attorney Kris Barber at the Barber Law Firm at 972-231-5800 to learn more.

If you’ve been in a car accident, your medical records can be very important if you need to pursue a case against the other driver or any insurance company. Those medical records include not only your medical treatment, but also things that you tell the doctor.

If you visit a doctor due to your injuries from a car accident, you should describe the accident in detail to the doctor. Explain where the impact to your vehicle came from and what direction you were thrown or where your body impacted the interior of the vehicle. You should also thoroughly describe your symptoms and physical condition since the accident.

Once a course of treatment is determined, it is important to follow the doctor’s directions and treatment plan. If you don’t feel comfortable with medication prescribed or a surgery or procedure that’s been ordered, you should get a second opinion. If you do not follow your doctor’s recommendations or you do not seek treatment soon after the accident, it may be denied later by the insurance company. Complete the entire course of treatment prescribed by your doctor. Discuss any future effects that may linger as a result of the accident, and get detailed information on the extent of your future disabilities.

Have you been injured in a Dallas automobile accident? Are you unsure of what steps to take in obtaining medical treatment? If so, contact Dallas car accident attorney Kris Barber. He has significant experience in helping injured accident victims obtain medical treatment as well as compensation for their injuries. Call today to learn more at 972-231-5800.

If you’ve recently had an accident that resulted in injuries, and someone else was at fault, your first priority is most likely recovering from those injuries. After the recovery process has begun, you are likely to consider taking legal action. However, choosing an attorney can be overwhelming. There are some steps you can take to make the process easier.

First, you should consider hiring someone who specializes in personal injuries. Some personal injury attorneys take some types of personal injury cases but not others, so keep that in mind while you are looking for an attorney. If you already have an attorney who has done other work for you, ask him or her for a recommendation. Also ask family and friends for recommendations. Contact the State Bar of Texas. Search online for attorneys who seem knowledgeable about personal injury.

Once you’ve compiled a list, narrow down the list to your top choices and call the attorneys. Are they willing to consult with you for free? Do they promptly return your calls? Has the attorney ever handled a case like yours before? How much are fees and how are they paid? Does the attorney seem like he or she is concerned about your case? Does the attorney seem knowledgeable about the area of law? Do you feel comfortable with the attorney? Since you and the attorney you choose could be working very closely together, it’s important to choose someone you feel comfortable with.

If you have been injured in an accident due to someone else’s negligence, contact Dallas personal injury attorney Kris Barber at 972-231-5805. He has extensive experience in personal injury cases and will work hard to protect your rights.

When most people choose a vehicle to purchase, they consider the vehicle’s safety ratings when making a decision. However, a recent analysis of rental cars shows that consumers typically do not consider safety when renting a car. Most of the vehicles that rental agencies use are highly rated when it comes to protecting against head-on collisions. However, many of the cars are not rated as safe when hit in the side or the rear, or if they are involved in rollover accidents.

Experts recommend that when renting a car, a customer should act as if he or she is buying the car. That’s often easier said than done – vehicles at rental agencies are constantly changing and many models may not be available. In general, if vehicles have the same crash ratings and safety equipment, a larger, heavier vehicle is a safer bet, although they often cost more to rent.

Another issue involved in renting a car in recent years is safety recalls. In 2004, a car rental agency failed to fix a power steering hose defect in a recalled PT Cruiser. That failure led to the death of two sisters whose rental car caught on fire, causing them to lose steering and crash into a tractor trailer. Since then, safety groups have petitioned the FTC to keep that car rental agency from renting cars that have been recalled but not repaired. The company says that it has improved its approach to vehicle recalls. Before renting a vehicle, consumers may want to check to see if there have been any recent recalls and whether any repairs have been done.

Automobile rental companies have also been accused of failing to purchase vehicles with the latest safety features because of the added cost. An investigation found that a rental agency deleted a standard safety feature (side curtain air bags) from Chevy Impalas bought from GM in order to save millions of dollars.

Car rental agencies have a duty to provide safe vehicles for their customers. If you have been injured in a Dallas automobile accident involving a rental car, contact Dallas car accident attorney Kris Barber at 972-231-5805. You could be able to recover against the rental agency, the other driver involved in the accident, or possibly the car’s manufacturer. Call today to learn more.

HOUSTON, TX – Megan Small, 21, a Baylor University pharmacy student was heading back to school on Thanksgiving weekend, in 2007. It was then that her parents received the phone call that changed their lives forever.

During the Thanksgiving weekend, a number of college students were on the road and heading back to school. One of them was Jason Reed Vestal, who was behind the wheel of a pickup truck, on his way back to Texas A&M. Accident investigators say he crossed into Megan’s lane and collided with her car head on.

Hunter Craft, attorney for the Smalls, says that Vestal claimed he didn’t remember the accident and that there wasn’t a cell phone in his vehicle. The Small’s attorney, however, found out differently.

It was discovered that Vestal had sent or received 15 text messages and placed 7 phone calls within a short period of time leading up to the accident, according to Craft. “And, in fact, he was receiving a text and possibly trying to return that text at the time when he crossed the center line and hit Megan.”

The evidence prompted a Robertson County jury to award $21.8 million, as the kind of message that they wanted to send.

“We’re not in it for the money. We just wanted closure, answers and healing. And basically to send a message to the community that texting and phoning behind the wheel is wrong,” said Megan’s mother.

Accidents such as these can occur, at any time, in our local cities such as Dallas, Plano, and Richardson, TX. Some are the result of texting while driving.  Many of them lead to serious injuries or fatalities. If you’ve suffered a loss or injury due to a Dallas, Texas auto accident, you may wish to consult with a knowledgeable, experienced local personal injury lawyer.

Our personal injury law firm will offer you an initial free legal consultation regarding your potential personal injury case. If you, a loved one or someone you know have been involved in an accident resulting in an injury, you should consult a Dallas Texas personal injury lawyer regarding your legal rights to secure compensation for lost wages and medical expenses. Call Texas Personal Injury Lawyer Kristopher Barber at (972) 231-5800 for more information or you can click here to contact us by email.

DALLAS, TX –Despite the financial responsibility law that requires Texas drivers to buy insurance, millions of motorists in the Dallas metroplex are skirting the requirement by using counterfeit proof-of-insurance cards or canceling coverage once they get their licenses renewed.  Officials are finding that the law, designed to ensure that minimum liability coverage is in place to pay for injuries and damages caused by the driver, is difficult to enforce.

Alarmingly, a recent analysis released by the Texas Department of Insurance shows that 26 percent of vehicles in Dallas County are uninsured. That amounts to around 482,000 cars and trucks—the highest number of uninsured vehicles in any of the state’s large urban counties.  An additional 4.1 million cars and trucks lack basic liability coverage and are in violation of the state law that requires insurance.

Local cities and the state are doing their best to combat the problem.  For example, in cities like Arlington, Dallas, Garland, Irving, and Mesquite, uninsured vehicles may be towed if a driver is stopped for a violation and found to have no insurance.

When a driver is involved in an accident or stopped for an infraction, an officer can enter the license plate number or VIN into the TexasSure system to verify insurance coverage. This is a massive database containing the names of all insured drivers and their insurance companies that is linked to license plate VIN numbers. Drivers without insurance are ticketed, subject to a fine of up $350 for the first offense, and up to $1,000 for the second offense.  Multiple offenses without action on the part of the owner can lead to arrest.

At the state level, the Insurance Department is sending letters to approximately 100,000 drivers who are believed to have insurance policies, but do not have their vehicle registration numbers matched up with an insurance company in the TexasSure state database.  These individuals are being asked to verify their coverage by mail, e-mail or telephone. Once the information from those drivers is compiled, the state will send warnings to millions of drivers without insurance that they are breaking state law.

Despite these efforts to force all drivers to carry insurance, responsible drivers are saddled with carrying extra insurance to protect themselves from drivers without coverage to the tune of nearly $1 billion each year.  That additional insurance such as Uninsured Motorist Coverage (UM), Underinsured Motorist Insurance (UIM), and Personal Injury Protection (PIP) can mean the difference between being able to afford medical treatment for injuries from an auto accident and not.

Our Dallas personal injury law firm offers free initial legal consultations on personal injury cases. If you have been injured by a driver that is uninsured, you should contact a Dallas, Texas personal injury lawyer immediately to help you determine what insurance coverage may be available to cover your medical expenses and lost wages, and so that you can take steps to protect your legal rights. Call Injury Lawyer Kristopher Barber at (972) 231-5800 or click here to contact us by email.