August 2010 Archives

August 18, 2010

Fort Worth crashes kill two and seriously injure five people

It has been a tragic two days on the streets of North Texas. Four large crashes have killed two people and seriously injured at least five others. My prayers go out to all those people and my sincerest condolences go out to the families of the deceased.
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First, a recent Keller High School school graduate died from injuries received in a motorcycle wreck late Monday evening in north Fort Worth. Austen Ussery, 18, had just received his diploma Friday night. It is not clear how the accident happened at this time.
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In addition, a man died and two others were hurt early Wednesday after their motorcycles wrecked in the 2100 block of North Collins in north Arlington. Alton Isaac, 49, of Arlington was unfortunately killed. .

"This is the 13th traffic fatality in Arlington this year," said Tiara Richard, police spokeswoman, in a news release. Investigators determined that the three men were southbound on North Collins, but it was unclear if they had been riding together, racing, or if alcohol or drugs were involved.
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As if that were not bad enough, two women were injured early Wednesday when a car that they were in hit a barrier on Northeast Loop 820, flipped over and slid upside down for dozens of yards, Haltom City police said. The women did not suffer life-threatening injuries and were rushed to JPS Hospital.

According to Haltom City police reports, a 23-year-old woman was driving a Nissan Altima when she attempted to change lanes and lost control of the vehicle. The car hit a barrier, flipped over and skidded upside down, Haltom City police said. A 24-year-old woman was a passenger in the car. Alcohol may have been a factor in the crash, according to police reports.
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Finally, a woman crashed into a parked train early Wednesday morning near Division Street and Bowen Road in Arlington, police said. The woman, who has not been identified, was taken by air ambulance to JPS Hospital for an injured leg, Arlington police spokeswoman Tiara Ellis Richard said.

The woman was on West Division shortly before midnight when her SUV hit a curb and then veered south onto Bowen. She then struck the train that was parked across Bowen Road near the Division Street intersection. Alcohol is believed to have been a factor.

August 13, 2010

Tarrant County Young Lawyers talk

I taught a class today at the annual litigation seminar sponsored by the Tarrant County Bar Young Lawyers Association. The four lectures were designed to teach younger attorneys how to try a lawsuit.

Tarrant County Bar Young Lawyers Berenson Attorney Talk 2.jpgThe topic I chose was a critical one: how to methodically prepare for trial to ensure a successful verdict. I also compiled a detailed checklist that contained every step an attorney should take during the all important 100 days prior to trial. I wanted the attendees to have a useful form to take back to their offrices.

It didn't seem that long ago that I was a member of the Young Lawyers Association, then realized it had been 31 years since I had joined!

I am sure that most people do not realize the inordinate number of steps and complicated procedures every case requires: interviewing witnesses, obtaining evidence, medical records and bills, lost wages, and other proof of damages, filing petitions, motions, and briefs, attending hearings, taking depositions, fighting with opposing lawyers, and the hundreds of other details that need to be taken care of before a case can go to trial. Obviously without a clear roadmap, it can be difficult to keep track of everything that needs to be done for 100+ cases simultaneously.

If you've been injured in an auto accident, call me at 817-885-8000. I will personally review your case and take the time to meet with you to discuss how I can help you.

August 12, 2010

Another successful case!

I was successful Friday in obtaining a $150,000.00 settlement at a hotly contested mediation for my client who was injured in a wreck but whose car showed very little property damage. The defendant's vehicle only sustained a scratch. Below are photographs of the two vehicles.

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Because of the small amount of damage and other problems with the case, the original offer from the insurance company was only $15,000.00.

Further, the defense lawyer -- one of the most experienced in Dallas -- argued that my client had slammed on her box due to a box in the road ahead of her and thatcaused the accident, not their 19-year-old driver who admitted she wasn't paying attention when I pinned her down in her deposition. He also argued that my client, an athletic 32-year-old dance instructor had a neck injury before the wreck and that the wreck did not cause her injuries. He hired a doctor who wrote a lengthy report stating that she had serious osteophytic problems in her neck and would have needed surgery any way.

I took my client's surgeon's deposition -- until 9:30 one night -- and got him to state that the only reason my client needed surgery was due to the collision.

I subpoenaed the Defendant's cell phone records and proved that she was talking on the phone when the wreck happened, and that she lied in her deposition when she stated she hadn't used her phone just before the crash.

After filing suit and fighting hard for my client, the case settled for $150,000.00, TEN TIMES the original offer.

I was then able to reduce the amount of money my client needed to pay for her medical treatment by over $15,000.00. My client was ecstatic.

August 2, 2010

Toyota recalls another 412,000 cars

Last Thursday, Toyota announced it is recalling nearly half a million cars, most of them large sedans sold in the U.S., for problems that can cause the steering wheel to lock up. This is the latest sign that the automaker is still struggling with vehicle problems even as it works to overhaul quality control. This latest recall will affect 373,000 Avalon sedans and 39,000 Lexus LX 470 SUVs. The recall is Toyota's largest since announcing it would fix 600,000 Sienna minivans over rusting spare tire holders in April.

Since October, Toyota has recalled about 9.5 million cars and trucks in the U.S. This means that of the 24.1 million vehicles Toyota has sold in the U.S. since 1998, about 39 percent have been recalled by the company! Additionally, the federal government has slapped Toyota with a record $16.4 million fine for failing to promptly tell the government about its car defects.

If you have been injured in an auto accident, due to a defective vehicle, you should hire an experienced personal injury attorney to help you recovery the money you deserve. It is unacceptable that Toyota has had to recall almost 40 percent of their vehicles. Auto companies that make unsafe vehicles should have to pay for the harm they caused. Call me if you have been hurt in an accident and I will help explain the different ways in which you can be compensated for you injuries.