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MAY/JUNE 2023
I COME TO FIGHT. I DON’T BARK. I BITE! WWW.THETEXASLAWDOG.COM 817.775.5364
WE AREN’T AFRAID OF A TRIAL
I recently read that only .4% of all civil cases go to trial. I’ve seen slightly different numbers, but most experts agree that less than 1% of all civil cases filed go to trial. Why do I bring this up? Insurance companies track the metrics of plaintiff firms such as ours. They follow everything, including how many cases firms settle prelitigation, how many cases firms file suit on, how many cases settle at mediation, how many cases settle before trial, and how many cases firms take to trial. This is important because
some firms do not take cases to trial. Insurance companies know who takes cases to trial and who doesn’t. Insurance companies pay more when going against firms they know will take cases to verdict. Our firm will take cases to trial and verdict when it makes sense and the client wants to take it. Trials can be stressful and are often difficult, and we prepare our clients for what will happen at trial. Usually, a lot of preparation occurs
Attorneys Kim Jones Penepacker and Gillianne Van Der Merwe, accompanied by paralegals Kamryn Kline and Celsie Roberson at a recent trial in Denton County
before showing up on the day of the trial. Bigger cases require even more preparation. Multimillion-dollar death cases require more prep work than a minor impact motor vehicle crash where our client only sustained soft tissue injuries. For the trial, we have to coordinate to ensure all the witnesses will be present. Many times, the court resets the case for a future date. This is frustrating as we have to notify all the witnesses that we aren’t going to trial on the day we thought and have to reschedule everyone. We have to prepare a trial binder for our exhibits. We must prepare multiple copies for us,
the defense, the court, and the jury. We try cases even when they are challenging.
Our firm has multiple cases set for trial every month for the remainder of the year in counties all over Texas in county, district, and federal courts. We will keep taking cases to trial when necessary for our clients, and the insurance companies know it!
A referral is the greatest compliment you could ever give us! If you know someone in need of our services, we are eager to help. Please pass this newsletter along and tell them to call 817.775.5364 or visit TheTexasLawDog.com/contact-us. Thank you!
–Matt Aulsbrook
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“Hey! I’m on the promoter team for X business, and we think you are a perfect fit for our ambassador program.” Messages like this and many others are a common tactic that fake brands and scammers use to trick people. Some may think this will only happen to people with large followings, but that’s not always true. Even your child may receive direct messages or comments on photos from scammers who want to take advantage of their naivete. HOW TO SPOT FAKE ONLINE INFLUENCERS IS THIS A REAL BRAND?
THE SCIENCE BEHIND PEDESTRIAN COLLISIONS
What to Do if You’re Struck While Walking
As May rolls into June and spring turns into summer, many children and adults will be out and about in Fort Worth. This means more foot traffic in places like parking lots, busy intersections, or rural areas as kids travel with their friends. Unfortunately, as much as we’d like to believe we’re safe to walk in parking lots or crosswalks, the truth is that careless drivers can hit pedestrians anywhere, and no place near cars is entirely safe.
So, what should you do if a vehicle strikes you, your child, or a loved one while walking?
Call for help! Before you do anything else, call 911 right away. You’ll need the police to take your statement and an ambulance to examine your injuries. Injuries are typically more severe in accidents involving pedestrians than in a car crash. Even cars traveling at a low speed in a parking lot can result in broken bones.
So, how do you spot these fake brands and influencers?
When you first look at the individual and the company’s business social media accounts, everything may seem genuine at first. However, the major difference between fake and real influencers and companies is that fake brands will have unauthentic accounts and bots — meaning their audience isn’t even real. The first way to determine if an account is fake is if you notice a comment on one of your pictures saying, “Can you DM us?” If a brand wants to work with you or your child, they will reach out to you directly, not the other way around. If a “company” posts a comment, it’s most likely a bot that sent an automated message after it flagged a specific hashtag or word. If you receive a message from someone saying they are from a particular company, be cautious before accepting their proposal. If the company isn’t messaging you from its main account, it’s most likely a scam. An example of these messages was shown at the beginning of this article. Additionally, since this should be a professional business proposal, if the message includes emojis, it’s another sign that the account is probably a bot. Furthermore, proceed cautiously if the account asks you to buy their product first or offers an ambassadorship immediately. This is an easy way for scammers to steal your hard-earned money. If a brand wants you to try their products, ensure that it’s in writing that they will give it to you for free or reimburse you. While it’s exciting that a brand wants to work with you or your child, please research and ensure the company is real before accepting any partnership. Trusting your gut and taking preventive measures will go a long way.
To put this into perspective, we’ll use math and science.
It takes about 4,000 N, or newtons, to break a human femur, which is about 899 pounds of pressure. So, if a car going just 30 mph strikes a 150-pound person, that collision exerts roughly 153 thousand newtons. To the human body, that feels like pressure from a mass of 34.5 thousand pounds — enough to break every bone in your body.
All that is to say, it’s always best to have a medical professional evaluate your health after a vehicle hits you, even if you think you feel fine.
Contact a qualified Fort Worth pedestrian collision attorney. This step is essential because time is short for pedestrian collision cases in Texas. According to Texas Civil Practice & Remedies Code §16.003, injured pedestrians must file a claim within two years of the accident.
If the injured individual does not file their claim within that window, they may be unable to receive compensation for their injuries.
Once you hire an experienced attorney, they can help collect evidence for your case, including photographs, video footage, witness statements, and the official police report.
So, if you or someone you know has been struck by a vehicle while walking, call our team of experienced attorneys at 817.775.5364 .
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What You Need to Know to Stay Safe Pedestrian Safety 101 • Always use sidewalks. When sidewalks are available where you’re walking, it’s always better to use them and stay away from the road than walk near passing cars. If there is no sidewalk, walk on the left side of the road facing oncoming traffic. That way, you can see everything coming at you. • Always use crosswalks. Using crosswalks may sound obvious, but darting across the street can be tempting if you’re short on time or see a break in traffic. No matter how late you’re running or how clear you think the roads are, wait for a crosswalk to give you a proper signal while traffic is completely stopped. • Make eye contact with drivers before crossing. This is important on roads and in parking lots because it’s the only way to know a driver has seen you and is aware of your presence on the road. • Look left and right before exiting a car or bus. Other drivers may assume that when a bus or car stops, it’s safe to pass them to keep driving. This results in a dangerous surprise for the driver and the pedestrian exiting the vehicle. So, always look both ways to see if a vehicle is trying to pass. • Be mindful of parked cars or other obstacles which may block your view. When walking or driving near parked vehicles, it can be hard to tell when the car beside it is backing up into your way. When you can’t see ahead of you or around a corner, stop and slowly approach the area you can’t see until you know nothing is coming.
We’ve all heard the saying, “Pedestrians have the right of way.” But it’s not always true, and these misunderstandings often lead to deadly accidents. Pedestrian deaths still account for 1 out of 5 traffic fatalities in Texas, according to the Texas Department of Transportation, and “in 2021 alone, there were 5,370 crashes involving pedestrians, resulting in 843 deaths, a 15% increase in pedestrian fatalities over the previous year.”
Most importantly, always be aware of your surroundings. While pedestrians have the right of way in some instances, it’s always best to err on the side of caution.
So, what can pedestrians do to stay safe near roads and parking lots?
Texas-Size LAUGHS
GOAT CHEESE AND THYME STUFFED CHICKEN
INGREDIENTS
• • •
2 skinless, boneless chicken breasts
• • • •
4 pieces of thin-sliced bacon
3.5 oz firm goat cheese
Olive oil
1 tsp fresh thyme leaves, plus 2–3 sprigs
2 zucchinis, thinly sliced 1 large tomato, thinly sliced
DIRECTIONS
1. Preheat oven to 375 F. 2. Split the chicken breasts almost in half along the long side, open them like a book, then flatten the sides out. 3. Put the goat cheese on the “open book” side of the chicken and sprinkle with thyme leaves. Fold the chicken over to enclose the cheese, then wrap each breast in 2 slices of bacon. 4. Lightly oil a shallow gratin or casserole dish, then arrange overlapping rows of zucchini and tomatoes on the bottom. Drizzle with olive oil, sprinkle with salt and pepper, then set chicken on top. Place thyme sprigs on chicken. 5. Bake for 40–45 minutes until the bacon is crisp and golden and the zucchini is tender.
Inspired by BBCGoodFood.com
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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
WWW.THETEXASLAWDOG.COM 817.775.5364 424 E. LAMAR BLVD. #200 ARLINGTON, TX 76011
INSIDE We Will Take the Insurance Companies Head-On 1
3 Ways to Spot Fake Brands
It Takes HOW MUCH to Break Your Femur!? 2
Take a Walk on the Safe Side
Goat Cheese and Thyme Stuffed Chicken 3 Employment Laws for Remote Workers 4
Cases We Handle: • Personal Injury • Wrongful Death
• Car Wreck • Truck Wreck
Just because you work from home doesn’t mean you have fewer protections than an on-site employee — federal and state employment laws are still applicable to remote workers. While your employer’s headquarters may be in a different state, your state’s labor laws are still valid. Every company must follow the Fair Labor Standards Act (FLSA) and their employee’s local labor laws. By knowing your rights as a remote employee, you will be able to keep your employers accountable and receive the liberties every worker deserves. Minimum Wage The minimum wage can vary at the state and federal levels. If this is the case, the remote worker should receive the higher of the two wages. For example, if you work remotely in California where the minimum wage is $15.50 per hour, you would receive this salary and not the federal minimum wage, which is $7.25. Overtime Laws Similar to minimum wage requirements, overtime laws also differ in each state. While states are welcome to have their own laws, they must always coincide with the FLSA’s fundamental rights. According to federal law, all employees who work over 40 hours a week must be paid time and a half for overtime. However, some Work From Home Labor Laws Exist! KNOW YOUR RIGHTS AS A REMOTE EMPLOYEE
states are more generous, and if you reside in one of these states, then your employer must follow those requirements, not just the FLSA.
Workers’ Compensation This may surprise you, but remote employees are also eligible for workers’ compensation. Your employer should ensure that you are working in a safe environment and they are responsible for any injuries you
experience due to your job duties. If you become injured due to your remote job, you have the right to file a workers’ compensation claim.
Anti-Discrimination Just like any workplace, remote
employees should never have to face discrimination due
to their race, gender, age, and so on. Providing accommodations for disabled workers and equal opportunity for all should be standard practice for every employer. If you were to experience any discrimination, such as harassment via virtual communication, you have every right to take legal action. If you’re a remote employee or work on a hybrid schedule, research labor laws in your state to ensure your rights are being respected! If they aren’t, you could be missing out on compensation.
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