August 2009 Archives

August 31, 2009

New traffic laws tomorrow

On September 1st, many new laws become effective. Their goal is to reduce the number of injuries and deaths needlessly caused by poor driving, especially by teenagers.

Did you know thatTexas leads the nation in drunk driving fatalities?

Or that of the 3,382 Texans killed in traffic accidents last year, 951 weren’t wearing seat belts?

Or that a 16 year old is five times more likely be be in a crash?

Here is a summary of the new traffic laws:

1. Seat belts – All passengers will be required to wear a seat belt --even those in the back seat.

2. Car seats - All children younger than 8 must be in one, unless they are taller than 4' 9".

3. Cellphones in school zones - Not permitted unless vehicle is stopped, the call is for emergency help, or a hands free device is used.

4. Drunk driving suspects with previous records, those causing serious injury or death, or those with a minor in the vehicle - Police will be required to draw their blood, improving the chances of a DWI conviction.

5. Drivers younger than 18 can not use a cellphone to talk or text while driving.

6. Drivers younger than 18 cannot drive between midnight and 5 a.m. until one year (not six months) after they get their license.

7. Drivers younger than 18 cannot drive with more than one person younger than 21 years old.

8. Driving with a suspended license or without insurance can result in a sentence of up to 180 days in jail and fines up to $2,000.

9. Driving without a valid license or uninsured and causing injury or death in an accident can result in up to a year in jail and a maximum $4,000 fine.

10. Drivers licenses -- for those younger than 18, a driving skills test will become mandatory.

11. Motorcycles: Proof that a certified training course has been completed will be needed to get a license. No passengers younger than 5 can ride.
August 28, 2009

New Lawsuits Filed

I have recently filed or is in the process of filing lawsuits in the following cases:

1. Tractor-trailer crashed into client's truck, causing the driver to have surgery to his arm and the passenger (his wife) to have surgery to her shoulder.

2. Tractor-trailer crashed into client's auto, causing the driver to have cervical fusion surgery.

3. Intoxicated driver crashed her truck into client's auto on New Year's Eve, causing serious back injuries.

4. SUV rear ended my client's smaller auto, causing her to have cervical fusion surgery.
August 21, 2009

Yesterday's crash at Wal-Mart was like my client getting run over inside a 7-11

Yesterday at 8 a.m., a drunk driver plowed his car into a Walmart store near I30 and Eastchase Parkway, jumped into someone's parked truck and tried to escape. However, the truck driver, who thought that he was being carjacked, swerved to the right and hit parked cars to stop the man. Alert bystanders grabbed the drunk and held him down until police arrived. Fortunately, only one person, a door greeter, suffered minor injuries from flying glass.

I recently settled a similar case where a driver crashed his car through the front door of a 7-11 and hit my client head on. Watch this video - the crash is about 20 seconds in to the tape.
video

Labels:

August 18, 2009

Saturday was a very dangerous day to be driving on our roads!


MAN HIT CYCLIST, LEFT HIM FOR DEAD IN CAR - Driver is accused of intoxication manslaughter. Grand Prairie police have accused Vincent Riojas, 27, of hitting a mentally disabled 59 year old man, Ronnie Kellar, on Saturday night, stuffing him into his car, and fleeing the scene. Kellar died at a local hospital.

FATHER, SON HELD IN ROAD RAGE CASE INVOLVING BENTLEY - In Southlake on Saturday morning, a Houston man, his 20 year old son, and a 15 year old in a black Bentley attacked a local woman at a Chick-fil-A drive through. lane. The man claimed to have a gun and drove off. He and his son were arrested yesterday and charged with assault with bodily injury.

POLICE SEEK MAN WHO HIT CARS, RAPED WOMEN - Dallas police are looking for an Hispanic man between the ages of 2 and 38, between 5 6 and 5 10, weighing 170 to 180 pounds, and who has short black hair who has crashed his pick up truck into two woman, kidnapped them, and raped them. The most recent attack was Saturday at 5:00 a.m. in northwest Dallas. Anyone with information should call Dallas police at 214-671-3584 or 1-877-373-8477.

Source: Dallas Morning News, Metropolitan section, Tuesday

August 13, 2009

Another drunk driver kills someone in Fort Worth


Just down the street from my office on University Drive early on Sunday morning, Renee Horton, a 24 year old woman from Wichita Falls was killed when a drunk driver crashed into a car behind her. The drunk driver was arrested and charged with intoxication manslaughter. A police officer had seen the drunk driver speeding by my building, but had not been able to stop him before the fatal crash.

It is amazing how many people get behind the wheel and drive knowing they are intoxicated. I have sued drunk drivers and it is one of my goals to use the legal system to stop them from causing death and injury to innocent victims.
August 12, 2009

Governor Perry Gets Residence Ideas from Former VP Cheney?

I was interested in the story in today's papers where Rick Perry, who rents a huge house in Austin while the Governors Mansion is being rebuilt after being burned, has been claiming a homestead exemption -- and getting a tax break -- from a house he owns in College Station. And that now that the ruse was uncovered, he has agreed to repay the money.

This reminds me of the rused employed by Dick Cheney in 2000, who was living in Dallas and running Halliburton, but after being asked by George Bush to run as his vice president, flew to Wyoming on the last possible day to register to vote. Instant Wyoming residency! However, the 12th Amendment to the U. S. Constitution clearly forbids two people living in the same state (Texas) from running on the same ticket.

I filed suit to try to prevent this Constitutional violation . Unfortunately, the case was assigned to the head Dallas federal judge (who was appointed by President Reagan), and of course he dismissed the lawsuit. And when the case was appealed to the Fifth Court of Appeals in New Orleans, all three judges were Republicans. The U.S. Supreme Court, which had just ruled in favor of Bush-Cheney in the Florida case, refused our writ of certiorari.

For more information, see

http://www.txnd.uscourts.gov/pdf/Notablecases/300cv2543_6.pdf
http://www.berensonlaw.com/CM/Articles/News-Partisan-courts-let-Bush-Cheney.pdf

If my lawsuit had been successful, Dick Cheney would not have been allowed to run as VP.
August 10, 2009

Truck accidents statistics to ponder

In 2007, there were...

4,368 fatal truck accidents
136,438 truck accidents with non fatal injuries

$25 billion spent in connection with these collisions

The percentage of plaintiffs that were able to recover monetary damages in different kinds of truck accident trials was as follows in late 2006:

Overall, plaintiffs won 60% of lawsuits they filed due to injuries and fatalies they sustained.

I have handled many trucking collision cases. Someone injured in a wreck caused by a truck needs qualified legal representation. Call me for more information.

Labels:

August 6, 2009

Senate Confirms First Hispanic Justice for Supreme Court

Today, the U.S. Senate voted along mostly party lines to confirm Sonia Sotomayor to be the first person of Hispanic descent to ever sit on our nation's Supreme Court - and only the third woman out of 111 to sit on the bench.

She will replace David Souter, who retired in June.

Justice Sotomayor received the votes of all Democratic senators (with the exception of Edward Kennedy, who is gravely ill and did not vote), but only 9 of the 40 Republicans.

She was born in a housing project in the Bronx. Her parents were from Puerto Rico and her father died when she was only nine years old. Justice Sotomayor graduated with honors from Princeton University and from Yale Law School in 1979. She has served on the highly influential Second Circuit Court of Appeals since 1998, and the District Court for the Southern District of New York before that, and has written over 300 opinions.

I applaud this long overdue nomination of an Hispanic American, especially someone with her outstanding qualifications and experience.
August 4, 2009

2nd fatal crash on I35 claims 3 more victims

More horrible news from the I35 death trap two miles south of Gainesville:

Yesterday three people were tragically killed when an 18 wheeler crashed into traffic stopped due to bridge construction. Two of the victims, Anthony and Kimberly Brandon, lived in Bedford. A third, Darryl Hoosier, lived in Louisiana. After slamming into these two cars, the tractor trailer crashed into a third vehicle driven by a Floriday couple. The 18 wheeler driver never applied his brakes.

This is the SECOND fatal collision at this bridge in the last 30 days. A total of five people have already died as the result of the delay of KKM Construction of Texarkana, Arkansas in finishing the project.
August 3, 2009

Sobering statistics regarding collisions in the U.S.

1. A crash happens every 10 seconds!

2. A person dies in a collision every 13 minutes in this country!

3. The cost of motor vehicle crashes is $230,000,000,000 ($23 billion) just in 2005!

Source: National Highway Traffic Safety Administration

Most collisions are caused by negligent driving, but I have still had to represent far too many people injured by those who drive while under the influence of alcohol or drugs.
August 1, 2009

Drunk driving claims another life

The DFW area witnessed another fatal crash when Karla Rivers, a nurse driving home at 12:30 a.m. early Friday on Interstate 20 in Dallas County was hit by an Infiniti driving the wrong way on the Interstate. Its two occupants, Ramiro Moreno, 29, and Ian Edward Pierson, 21, were also killed. Alcohol was discovered inside of their automobile and is believed by police to have caused the collision.

I have successfully sued many drunk drivers. I offer free legal consultations to car and truck accident victims. Please email me at bill@berensonlaw.com or call our toll-free helpline at 1-888-801-8585 or at 817-885-8000. I am a board certified Texas personal injury lawyer and will be happy to discuss your potential claim.