The Wright Firm's Weblog

Texas Injury Attorney: West Fertilizer Plant Explosion

The small town of West, located 21 miles north of Waco, was shook and partially destroyed on Wednesday night when the West Fertilizer Company Plant exploded. Reports state that a fire started in the plant around 6pm. Close to 8pm the plant exploded, sending a shockwave that was felt 50 miles away and registered a 2.1 earthquake on the US Geological Survey site in Amarillo.

According to WFFA News, the apparent epicenter was a building storing ammonium nitrate fertilizer. Ammonium nitrate was the cause of the Texas City explosion accident and was used in the bombing of the Murrah Federal Building in Oklahoma City. However, officials have not determined the source or the cause of the blast.

The blast from the plant destroyed 50 homes and caused serious damage to most buildings within a 5 block radius. Governor Rick Perry has declared West a disaster area. At this point TxDPS are stating that it is still a search and rescue mission. Sergeant Reyes of TxDPS did confirm on Friday morning that there have been 12 fatalities at this point. First responders are continuing to move house-to-house combing through the debire looking for survivors. Sergeant Reyes stated that there were 25 more homes to search on Friday. The apartment building located within 1000 feet of the plant will also be searched again with heavy machinery to stabilize the severely damaged infrastructure.

In 2006 the West Fertilizer Company was cited by the EPA for not having a risk management plan that complied with federal guidelines. Built in 1962 the plant was grandfathered into laws requiring permits. However according to Texas Commission on Environmental Quality the plant lost its grandfather status in 2006 when it received a complaint of ammonia odor.

Senator Cornyn stated in an interview with WFAA News, the tragedy in West has prompted questions over the safety of populated areas being so close to facilities such as the fertilizer plant.

To support in the recovery and rebuilding of West please visit the Red Cross website www.redcross.org. 

Have you or a loved one been injured in an explosion or accident? Unsure of what recourse you may have? Give The Wright Firm a call, we are a Dallas based firm experienced in personal injury actions and are available to help. Call us at (972) 353-4600 or visit our website at www.thewrightlawyers.com. Our thoughts and prayers are with the community of West.  Personal Injury Consultations are Free.   

Texas Casino Trip Bus Crash Blog

On the morning of April 11, 2013 a charter bus carrying senior citizens on a trip to Choctaw Casino in Durant, OK, crashed and flipped, killing 2 and injuring 40 others.  The crash happened on State Hwy 161 near the Beltline exit. According to witnesses the bus appeared to have hit something and then flipped on its right side. The charter bus company, Cardinal Coach Line, out of Grand Prairie had three safety violations in the last three years. The bus driver on April 11 was previously involved in a crash that killed a young man fifteen years ago. Currently, the National Transportation Safety Board and Texas Department of Public Safety are investigating the crash. A cause has yet to be determined. 

Family members of the survivors have been allowed to pick up the personal belongings left on the bus. However, any loose cash that was found on the bus is being held by Texas Department of Public Safety until the investigation concludes.

If you have been injured in a charter bus crash or other bus accident please give the personal injury attorneys at The Wright Firm a call. We are experienced and have locations throughout the Dallas/Fort Worth area.  Call us at (972)353-4600 or visit our website at thewrightlawyers.com.  

Texas Family Law: When a Divorce isn’t a Divorce

Across the country the debate about same-sex marriage has heated up and become a very recent focal point. This blog is neither against nor in support of such marriages.

A married couple moves to the Dallas area from New York, they have two children, two stable well paying careers, buy a home in a suburb of Dallas, blend in with two SUV’s, and generally live the idyllic Dallas area life. But at some point, somehow the marriage breaks, it’s irreparable and the couple starts down the road to divorce. Each obtain legal counsel and explain the marriage, the children, the assets and how they each feel the divorce should proceed.  While this couple fit a general picture of a Dallas area divorce case, they are not. This is a same-sex couple.

Texas does not recognize their marriage in New York State. Regardless of political views, personal and moral views, the discrepancy between New York law and Texas law creates a huge legal problem when a same-sex couple decides to divorce.  In Texas, marriage is specifically defined as between a man and a woman no less than five times in the State Constitution and Family Code.

So why, if the couple isn’t actually married in Texas must they divorce?

The importance of being allowed a legal divorce is primarily an issue of property and assets. In a divorce the community property which is jointly held and the separate property which is individually held is divided fairly. Each spouse walks away with what a court or their agreement dictate is theirs. The theoretical same-sex couple has both community and separate property but no way to divide and legally end the marriage.

There are some states that will allow a same-sex couple to divorce in that state even if the state does not recognize the marriage to begin with. Currently in Texas, The Texas Supreme Court has two cases for review that address whether Texas should allow same-sex divorce. The Texas Supreme Court may decide that District Courts across Texas can grant divorces to same-sex couples even though same-sex marriages are unconstitutional under the Texas Constitution. However, since the Supreme Court of the United States has recently heard arguments on California’s Proposition 8 and the Defense of Marriage Act, the Texas Supreme Court may wait to accept the cases for review until after the decision of the US Supreme Court is released.

For right now the theoretical couple in Dallas can use mediation and collaborative law to attempt to divide property and assets. In some cases same-sex couples designate their property and assets under a business partnership or joint venture. The business designation allows the Texas Business Code to rule the dissolution of the business. A practical if unfeeling way to end a relationship.

Do you have questions about obtaining a divorce in Dallas County or Collin County? Are you considering what steps to take to begin the divorce process? Give the lawyers at The Wright Firm a call. We practice family law throughout the Dallas area and are here to help! Call us at (972) 353-4600 or visit our website at thewrightlawyers.com.

Why Should I Incorporate My Texas Small Business?

Why Should I Incorporate My Texas Small Business?

 

When Presidential candidate Mitt Romney said, “Corporations are people” the general public groaned and questioned the rational, while lawyers nodded in agreement.

Corporations are people in the sense that they are classified as their own legal entity and therefore have legal standing to bring lawsuits and be sued. Legal entities are associations, corporations, partnerships, proprietorships, trusts, or individuals.

So why should you incorporate your Dallas area business? For that very reason, the corporation can stand on its own as a legal entity.

Your personal assets and liability are separated from those of the business. All business activity is conducted as a separate legal entity; therefore, any legal actions taken against the business are only going to put the assets of the business at risk. Any assets in your name are only at risk in personal legal actions. Incorporating your Dallas area business creates a shield that protects you and your assets from any liability incurred by the business.

Corporations also get tax benefits and credit. Depending on profits and the specific class of the corporation, even the smallest corporation can receive tax benefits and breaks. Tax breaks for the corporation means more capital to invest in the growth of the corporation. That growth can be assisted through establishing credit. As a legal entity, corporations can obtain credit, solely in the corporation’s name. Being incorporated lends credibility when an investor or lender looks to invest into your business.

Texas is a corporation friendly state. In a recent survey of small business owners, Texas ranks as one of the most “business-friendly” states. See the survey: http://www.thumbtack.com/survey#2013/states. By incorporating your Dallas area business you are making it easier for customers and clients to do business with you. Why? Because corporations are governed by the Texas Business Organization Code, every corporation established under Texas law has the same rules of set-up, structure, filing with the Secretary of State and rules and regulations to follow. A corporation in Dallas is following the same rules as a corporation in Lewisville or Denton and every other corporation across the state.  As with investors, customers and clients may see your incorporated Dallas area business as more credible because of the uniform rules and regulations required.

If you have questions about incorporating your Dallas area business or other Texas business law questions please contact The Wright Firm at 972-353-4600 or visit our website at thewrightlawyers.com.