Fort Worth Injury Attorney Blog

Summer is almost here and many Texans will hit the road for the Memorial Day holiday. Our team at Berenson Law would like to wish everyone a great weekend.

Note that during this period, your chance of getting a ticket if you or your passengers are not seat- belted are much greater than usual. Last year, more than 21,000 seat belt citations were issued just during these 13 days.

As a reminder, all occupants of a vehicle including back seat passengers must wear a seat belt. Each unbuckled occupant faces a ticket and fines up to $200 plus court costs.

Continue reading "Warning: Click It Or Ticket From May 20 - June 2" »

Riding season is finally here and motorcycles are hitting the streets of North Texas. Unfortunately that also means there will be an increase in motorcycle accidents.

I'm currently representing several men who were seriously injured while riding. One case is going to trial soon. Fighting for the rights of motorcycle riders is one of the only areas of law I practice and I've been doing this for over 33 years. Since May is national Motorcycle Safety Awareness Month, I wanted to discuss this serious topic and give some tips to motorcycle riders on what they should do if they are involved in a crash.

This could easily happen. In Texas 460 lives were lost and in the U.S. 4,612 people were killed as the result of motorcycle accidents. That's a horrible statistic.

What should you do if you're involved in a motorcycle accident?

Continue reading "Texas Motorcycle Crashes: Top 10 Things To Do " »

It's been a very busy couple of weeks here. I've settled five cases for good money. One was concluded just before trial. Four were automobile/ truck collisions, one involving a drunk who crashed into my wonderful client at 3 pm then fled the scene. The other involved a pedestrian who was struck and critically injured on the side of an interstate. I'll post more details when I get a chance.

The best part was hearing how pleased my clients were with their financial recoveries. I took one client (and now a friend) to lunch today at a favorite restaurant, The Wood Shed, and I loved hearing him tell me "You've made me rich." (This was their second crash, and their third recovery of money.) Two others said I was "awesome." No, I said they were the ones who were awesome, going through all of the pain they had endured with such grace.

Please contact my office if you need help with a collision.

Have a great weeekend.

Today the National Transportation Safety Board (NTSB) recommended that states lower the legal blood-alcohol concentration (BAC) to 0.05 percent from the 0.08 percent. I applaud this action.

More than 10,000 Americans are killed and 170,000 people are injured each year due to drunken driving crashes. Every hour one person is killed and 20 people are injured. Over 440,000 Americans have been killed by drunk drivers in the last three decades. That's shocking.

Continue reading "Are DWI Blood Alcohol Limits Too High In Texas?" »

Here's a heartbreaking story: early this morning in Springtown a fourth grader tripped and fell running for a school bus and was tragically run over. The poor boy, 10 year old Haven Norton, was a student at Springtown Elementary School. It is not clear why the bus driver did not see the boy. My prayers go out to the family.

Continue reading "School Bus Runs Over and Kills Parker County Child " »

Lawmakers in Austin have considered passing bills targeting drunk drivers but without any success. The session is almost over. I don't understand why it is so easy to drive drunk -- and maim and kill other drivers -- in Texas.

At least one bill sponsored by a Republican from Dallas, freshman representative Stefani Carter, passed the House almost unanimously on Friday and moves to the Senate. It would suspend the driver's of anyone convicted of his fifth DWI offense for 10 years.

Wait, his fifth DWI? We let people drive with four convictions?

Continue reading "Texas DWI Law To Be Tougher?" »

Noone expects to be in an accident, but one happens every 83 seconds in Texas. The above photo shows what just happened to a client of mine.

Here are some tips on what you should do if you are involved in a wreck.

1. Be safe. Move your car off the road if you can and turn on your hazard lights and get out if the car if you can't.

2. Notify the police. Tell them how the other driver is at fault. Make sure the police make an official report. Do not accept a form where you mail in some info to the DPS in Austin.

Continue reading "What To Do If You Are In A Collision" »

If you are covered by health insurance and it pays your medical bills from your automobile or truck collision, under certain circumstances it may be entitled to subrogate (get reimbursed from the other driver's liability insurance policy). These plans normally pay only a portion of the entire bill and the balance is usually written off, so that saves you a lot of money. Each plan is different and we examine them to see if they have complied with federal law, and if so, we negotiate to reduce the remaining balance. It's a win-win for my clients.

As a local personal injury attorney who graduated from SMU Law School in 1979 and has practiced here in the Dallas/Fort Worth area for over 33 years, this is one way I help my clients get the maximum recovery of money. I personally meet with them, answer their questions, work their files diligently, and either fight for good settlements or file lawsuits to obtain the most money that I can. This is a winning strategy that pays off.

Continue reading "Do You Have To Repay Your Health Insurance Company?" »

Attorneys have to analyze and argue a lot of dry cases, so when this federal court opinion from San Antonio was circulated on a trial lawyers forum that I follow, it seemed perfect for a Friday Fun post.

Judge Biery wrote in this case involving an injunction to block a new city ordinance that regulated strip clubs that "to bare or not to bare, that is the question." (Shakespeare must be turning over in his grave.)

He also punned that "Plaintiffs clothe themselves in the First Amendment seeking to provide cover against another alleged naked grab of unconstitutional power;" and that
"the court encourages reasonable discovery intercourse." Ouch.

Here's the opinion:

35 Bar and Grille v City of San Antonio.pdf

Neck and back spinal cord injuries are among the most serious injuries you might experience if you have been injured in a Dallas-Fort Worth automobile or truck accident.

As a Fort Worth personal injury lawyer who has been practicing law here for over 33 years (over 31 in the same office building, the River Plaza Tower on University Drive), I have seen countless spinal cord injuries as the result of automobile, truck, cycle and pedestrian collisions.

Here's a photo of a wonderful client of mine who was side swiped by an 18 wheeler in east Fort Worth and had to undergo a three level cervical fusion. The only good thing is that this led to a substantial court recovery of money and he could retire from his job. Then my client got hit in Burleson and even though I got the maximum insurance amounts for him and his wife from three different policies, he wishes the wrecks had never happened.

The best personal injury attorney is critical if you are to obtain justice and full compensation.

Continue reading "Spinal Cord Injuries From Motor Vehicle Crashes" »

Here's one of those terrible stories you hate to read: The Star Telegram reports that three people -- a 15 year old boy, an older man, and a middle-aged woman -- going to a church event were tragically killed yesterday afternoon. Their vehicle struck a minivan crossing Jacksboro Highway near the Fort Worth Nature Center and exploded.

Fortunately two others, including the driver and front seat passenger of the vehicle, were able to escape the fiery collision. The two occupants of the minivan were not seriously injured.

There's obviously never a good time to be in a motor vehicle accident but it breaks your heart to read that these people were going to church, doesn't it? My prayers are with the deceased and their families. I have handled many wrongful death cases and they are all terrible.

I was asked this morning by a new client why the other driver who crashed into her couldn't see that she was at a complete stop. I think he was looking down texting while driving. And new vehicle dashboards offer even more distractions.

The Texas House of Representatives just passed a new distracted driving bill last week and it is expected to pass the Senate. Texas would join 40 other states with these bans -- but our governor has indicated he will veto the law -- again.

Continue reading "Distracted Driving -- New Law On Its Way?" »

As a long time member of the board of directors of the Tarrant County Trial Lawyers Association, I try to attend all of the monthly luncheons at Joe T. Garcia's. Today's was informative -- and had surprising news.

Judge Terry Means, after discussing procedures, rules and new cases in his court, announced that he had just decided to take senior status. For the first time in 22 years, we will only have one full time federal judge in our busy Fort Worth Division. Cases will be referred to judges in other cities.

It may take a long time to seat a new judge. Due to political infighting, judgeships across the country have remained empty for years.

Continue reading "Federal Judge Means' Talk Today" »

The bus driver who caused the triple fatality collision on April 11 has now admitted that he "possibly could have blacked out" before causing the bus to flip over.

Loyd Rieve, 65, originally said that the charter bus might have blown out a rear tire. But according to Sgt. Lonny Haschel of the Texas Department of Public Safety, there was not a mechanical failure.

Continue reading "Bus Driver In Irving Crash Now Claims What?" »