Fort Worth Injury Attorney Blog

For the second year in a row, a Fort Worth resident may be the next American Idol. But Texas Christian University grad Tim Halperin still has a long way to go before making it to the finals, like Casey James did last year.

I wanted to wish Tim good luck good and tell everyone to VOTE FOR TIM on Tuesday night.

Tim, who is 23, graduated with honors with a degree in marketing from TCU last year. He auditioned in Los Angeles and that episode aired February 3rd. Tim wasn't featured onscreen again until Wednesday's episode, when he and fellow contestant Julie Zorilla did a duet of the Beatles "Something" that went over well with all three judges. His final original audition piece for them also received praise.

For the first time, viewers will be able to vote online via Facebook. VOTE FOR TIM!

Idol will have a special Tuesday episode (7 p.m., KDFW/Channel 4) in which Tim and the other 11 male semifinalists will perform in front of a live audience. The women will perform Wednesday, and the results show will be Thursday.

I previously blogged about Casey and love to see Fort Worth residents on the show, don't you?

Make sure you tune in Tuesday and VOTE FOR TIM!

According to the school, Tim was a Chancellor's Scholar and earned a degree in marketing last year. His song, "We Fight Back," was part of the university's sixth annual Frogs for the Cure football game to support breast cancer research.

And speaking of KDFW, the Tarrant County Bar Association team I organized to run the 5K on Saturday beat that station's runners and 27 other teams to place 6th in a very competitive event. I was pleased to have our team's best time (21:49) - hey, not bad for the oldest member since we had a lot of law students from Texas Wesleyan- and place #2 in my age group of almost 200. And I placed #8 in the half marathon the next day.

I am preparing for my next big race in 3 weeks, the Tobacco Road Marathon. It is near Durham, North Carolina, where I am looking forward to seeing my brother Daniel, who went to Duke University and has lived there since he graduated in the late 60's.

A collision tragically resulted in the death of Richard Chu, a 60-year-old New Jersey man here on business, when the cab he was riding in slammed into the back of an 18-wheeler parked on a service road shoulder along Interstate 35W south of Meacham Boulevard.

The cab driver was taken to John Peter Smith Hospital with injuries. The driver of the 18-wheeler was asleep when the wreck occurred and was not injured.

A Fort Worth ordinance prohibits parking oversized commercial vehicles for more than two hours on public streets. An investigation is still ongoing and if the evidence shows that the trucker had been parked for more than two hours, he could be cited under the ordinance. Of course that won't do much good for Mr. Chu.

This type of negligence infuriates me! Not only the inattention of the cab driver but also the disregard of city ordinances by the 18-wheeler. This ordinance was passed to avoid this exact issue and I hope this violation will not go unnoticed by the FWPD. .

If I were retained by the family of this man, I would not only sue the negligent cab driver but also the 18-wheeler company and its driver for negligently remaining on the road and creating an unsafe hazard.

And on a personal note, my poor mother was injured when she was riding in a cab in Los Angeles back in 1988 and died six weeks later, I believe due to the injuries she sustained in that wreck.

Continue reading "Fort Worth Cab Crashes Into Parked Semi, Killing Passenger" »

Driving drunk is an inexcusable offense. And yet the National Highway Traffic Safety Administration (NHTSA) reported that fatal incidents involving drunk drivers increased from an average of 36 fatalities a day to 54 per day -- just over the New Years period.

I will be meeting tomorrow with the family of a man who was tragically killed by a drunk driver as he was walking across the street to buy groceries on Christmas Eve, of all nights, and I would love to have the opportunity to represent them and see that justice is done. Thank you, MADD, for the referral.

I see these drunk driver cases a lot - and they infuriate me every single time. We know that it is illegal to get behind the wheel of a motor vehicle drunk, we know the dangers, and yet people still do it every single day. One organization that I strongly support is MADD or Mothers Against Drunk Driving. I believe strongly in what MADD is doing to combat drunk driving and donate to or sponsor many of their events.

I am also a big believer in the value of physical exercise, so I am excited to again sponsor MADD's "Walk Like MADD" event on Saturday, April 9th. It will start at the Trinity Park in Fort Worth, less than a mile away from my office, at 8:30 a.m. and will be a fun way to raise money for this great cause and encourage people to exercise. Registration information and other details about the April 9th walk are at www.walklikemadd.org.

Continue reading "I am MADD About All of Our Intoxication Manslaughters" »

I am constantly reading the new court decisions to make sure I am up to date on the latest cases that affect my clients ability to recover money for their damages. Here are some from the past month that you should know about, in order of importance to my auto and truck crash victims:

Feb. 4: Progressive County Mutual Insurance, Co. v. Delgado, Amarillo Court of Appeals: automobile insurance coverage, limitation of recovery of medical and health care expenses in a personal injury case under the "paid or incurred" provisions of Section 41.0105 of the Civil Practices and Remedies Code. This continues the split of authority in the appellate courts as to whether all medical bills incurred or only those paid by health insurance or other outside sources can be the basis for the past medical bills included in a verdict, with the Amarillo court limiting the bills to only those paid by insurance in a defeat for the plaintiff's bar. The Texas Supreme Court will have to rule on this controversial subject, and as extremely conservative as its members are, I anticipate the Court unfortunately upholding decisions such as this one. However, until it does, I will continue to argue in court that my clients are entitled to be compensated for the ENTIRE amount of their medical bills.

Feb. 1: Admiral Ins. Co. v. H & W Industrial Services,Inc, Western District of Texas, El Paso (federal court): commercial general liability insurance; "your products" exclusion; impaired property; exclusion; duty to defend and duty to indemnify analyzed.

Feb. 7: Crowell v. Cigna Group Insurance, Fifth Circuit Court of Appeals (federal court): ERISA; long-term disability benefits decision.

Feb. 8: Jaster v. Shelter Mutual Ins. Co., Dallas Court of Appeals: property insurance coverage; principal-agency relationship.

Jan. 13: Calhoun v. F. Hall Mowing Co., Fort Worth Court of Appeals: workers' compensation insurance coverage; exclusive remedy provision discussed in depth.

Feb. 10: Nova Casualty Co. v. Turner Construction Co., Houston [14th Dist.] Court of Appeals: performance bond; trigger of performance bond obligations; notice of default; pre-judgment interest on attorneys' fees.

Continue reading "Recent Injury Cases That May Affect Your Recovery of Money" »

Not all insurance companies and policies are alike, and the minimum limits are frequently insufficient to pay for the damages sustained by my clients.

Here are some ways to save money.

First, filing your first claim from an at-fault accident no longer guarantees that your rate will go up. Some insurers offer an "accident forgiveness" benefit, for which they'll go easy on your first claim. Ask your insurer whether it offers such a service and whether you qualify. Also, filing under your Personal Injury Protection or other no fault provisions of your policy will not increase your premiums, contrary to popular belief.

If you're a good driver with a clean record, you'll pay less for car insurance than others. This can make a considerable difference. If you're a "high-risk" driver laden with tickets and/or accidents, you can expect to pay at least 15% more than a good driver on average. If your policy costs you $1,500, that's an extra $225 per year. Having a good credit score can also help your chances of getting a good deal.

Some insurers (and even some credit unions and other financial firms) now cover repairs to your car. These policies offer benefits beyond your car's regular warranty; they can pay to fix just about every kind of mechanical problem, not just the drive train or major systems, and the policies apply to work done at a wide variety of shops, not just at a dealer. Older cars with more mileage may not qualify, though. If this costly coverage seems like more than you can afford, consider another option: just pretend to yourself that you are buying it and put the cost of the premiums aside in a special account. Then, if you run into costly repairs, you'll have some money ready to pay for them. If not, you can keep the money -- perhaps to help pay for your next car or truck.

You probably know that certain vehicles will be more expensive to insure than others. High-priced ones with steep maintenance fees, or frequently stolen models, will doubtlessly command a premium. It pays to consider this when you're shopping for your next vehicle. Ask your agent. It's also a good reason to shop around for the best insurance rate. Even given your particular make, model, and year, insurers can vary widely in the premiums they charge. A few extra phone calls or online quotes could save you several hundred dollars a year.

Finally, consider buying some "gap insurance" to protect yourself, in the event that what your insurer will pay for your totaled car won't be enough to pay what you owe on it. Imagine that you take out a car loan to buy a $30,000 vehicle. If it's totaled later, when it's only worth $20,000, and you still owe $25,000 on it, you'll still have to cough up $5,000 beyond what your insurer pays you -- in addition to the cost of a new car.

Texas statutes require that a signed rejection of certain coverage's be provided, or those coverage's has to be paid. I immediately write a letter to my client's carrier when I am hired, and always force the insurance carrier to provide a signed rejection for my clients, even when they try to evade my request. There have been at least 10 cases when I made companies pay my clients insurance benefits - including one last week -- even though my clients had never even purchased coverage's! Needless to say, they were ecstatic to receive this money.

Continue reading "Vehicle Insurance Cost Savings Tips" »