Fort Worth Injury Attorney Blog

Colin Taylor Stone, a 16-year-old student at Cistercian Preparatory School in Irving, died Tuesday night after he was racing another BWM on the streets of Dallas near North Park Center. He was driving his father's BMW at a speed of over 100 mph when he lost control, crossed a median,and slammed into four other cars.

Stone unfortunately died at the scene. The other racer fled.

The crash happened about 8:45 p.m. when the BMW lost control near Shady Brook Lane and Northwest Highway.

At least four vehicles were involved in the pileup, one of which burned.

Watch Channel 8's report on the crash:

The Dallas County Sheriff's Department has agreed to move 20 of its 100 deputies to north Interstate 35 starting in January.

It's about time. That section of highway sees a high level of speeding, reckless driving and crashes. In 2007 the section between Northwest Highway and LBJ Freeway had the city's second-highest number of alcohol-related crashes for years. Think that's because it's next to all of those strip clubs, liquor stores and nightclubs?

Sheriff's deputies, not Dallas police, will now patrol I-35 from Interstate 30 to LBJ Freeway, pull over drunk drivers (we hope), and clear accidents.

In one recent 12-month stretch, the Dallas Sheriff's Department investigated 5,024 crashes and averaged 25 minutes to clear freeway accidents, compared with the city of Dallas' average of 2.5 hours.

Even so, its funding was slashed due to budgetary constraints.

The unit has cost the county $12 million a year, but traffic ticket revenue offset only about half that amount.

I guess the city of Dallas doesn't care about the millions of dollars it spends on its police officer's and ambulances, not to mention the property damage, medical bills incurred at Parkland Hospital and other facilities and loss of life and injuries sustained by innocent drivers.

Here's a horrible story: an Arlington woman caused a fatal collision when she was driving while intoxicated on Interstate 35W -- the wrong way -- late Friday. Her blood alcohol content was .24% -- THREE TIMES THE LEGAL LIMIT.

And she was seen by a police officer driving into heavy traffic with her hands behind her head.

As I often say, what is going on out there?

Brittany D. Burton, 25, was charged with first degree murder -- not just intoxication manslaughter - under a new law that allows criminal prosecution if a person performs an act that is "clearly dangerous to human life and causes the death of another person ( her six month old daughter) while committing a felony.

Police say a Fort Worth DWI officer spotted Burton driving her Jeep Liberty north in the southbound lanes of the 2700 block of I-35W around Berry Street shortly before midnight Friday.

With emergency lights on and his siren blaring, Officer C. Norman traveled in the northbound lanes beside the wrong-way driver, trying unsuccessfully to get the driver to stop.

Continue reading "Fort Worth DWI Crash Kills Local Resident" »

State Highways 114 and 121 near DFW Airport are more dangerous than ever before.

I noticed that on Saturday afternoon as I was driving amid the construction chaos a/k/a the DFW Connector Project. Traffic was backed up for miles. Lanes were shut down. Concrete barriers narrowed the remaining roads. It was often hard to figure out which lane you were supposed to be in.

This big dig -- which will cost more than $1 billion -- has been going on since February 2010 and will continue though 2014.

There will be 14 lanes in each direction, including toll road, at its widest points.

Great. We're turning into LA with more highways. and more people. More crashes. More injuries.More congestion. More sprawl. More pollution.

Last year, there were 52 percent more collisions in that area than the number traffic researchers calculated there would be without construction.

And the numbers surged 74 percent during nights and weekends, when crews were busiest.

The study also found that many of the drivers involved in the crashes were talking on their cell phones.

Really?

There were 787 collisions in this area last year, with rear-end collisions by far the leading type of crash. I know - I've represented more drivers than usual from wrecks that happened in the Mid Cities.

I adopted the Rufino Mendoza Elementary School on the North Side seven years ago through the FWISD Adopt a School Program. Rufino Mendoza served as our city's police chief for many years.

Today I had the pleasure of talking to five classes at their annual career day. This was my seventh year in a row, and I always enjoy participating.

I get the children to start thinking about their futures and how they can be successful, productive, and happy.

I have fill out a brief questionaire that asks them what they want to be when they grow up, what subjects they will have to know, whether they will have to graduate from high school, graduate from college, and make good grades -- with the answers to the last three already checked "yes."

Over and over, I tell them they HAVE to graduate from high school and make them promise me that they will. If they get nothing else out of my presentation, I want it to be this.

We talk about which colleges they can go to, what they can study, and why they should attend. We talk about the importance of studying hard and following the rules.

I use my wonderful daughter as an example of how hard work pays off (Marissa got a complete scholarship to SMU)

Oh, I also tell them a little about what attorneys do.

I go to Mendoza as often as I can to help inspire the children and always end up feeling richer for the experience.

It's one of the small things I do to try to give back to this wonderful community and make this a better world.

A Dallas man was critically injured Sunday night when he was struck on his bicycle while riding on West Euless Boulevard by a drunken driving suspect.

Anthony Jamal Miles, 24, remains in very critical condition at John Peter Smith Hospital in Fort Worth, the Fort Worth Star-Telegram reports.

Anthony, my prayers are with you.

Earlier this week, Euless police released a photo of Anthony in his hospital bed in hopes that someone would recognize him, as he was carrying no identification.

The driver was identified as Bryany Ruth Hildreth, 30. She was arrested on a charge of intoxication assault and was released on $10,000 bail.

This absolutely sickens me.

As you know, I hate drunk drivers and go after them with a passion. I am proud to be one of the few approved attorneys on MADD's list in Tarrant County.

I have successfully prosecuted many cycling cases, including finalizing a case a few months ago where a wonderful Fort Worth woman, Donna, was hit while she was riding on the shoulder near Boswelll High School and fractured her hip.

I have ridden my road bicycle to stay in shape and have completed some 100 milers, including the notorious Hotter 'N Hell a few years ago. I have owned a motorcyle. I know how dangerous it is for cyclists out there.

Note to cyclists: Please ride VERY carefully. Please do not ride at night. Please stay off of busy roads. Please do not ride by yourselves. Please wear bright clothing and reflective gear. Please carry ID and notify your family where you are riding.

If you need legal assistance with handling your motorcycle or bicycle injury case in North Texas, please contact me at 817-885-8000 or use the form at the top of the page to e-mail my office for a free case evaluation. Click here to read a client survey from a very satisfied injured in a bicycle collision.

You've been crashed into. It's the other driver's fault. But his auto liability company is giving you the runaround. They are refusing to call you back or to pay the fair value of your claim.

What should you do? These are your choices:

1. File a complaint with the Texas Department of Insurance.

If you need the form, click on this link:

http://www.tdi.texas.gov/forms/consumer/cp012complform.rtf

Complete it and file it online. Then wait. And hope the State does something.Good luck with that. Texans had to file over 6,600 of these complaints against auto insurers in Texas last year. More than half were filed by drivers who not able to get an insurer to pay their claims. And those were just from people who were able to find the form and did.

2. Hire an agressive personal injury attorney to force the insurance company adjuster to make a good faith offer and if he/she refuses to do so, consider filing a lawsuit. It always gets the company's attention. And many cases can be quickly resolved once litigation begins. And if the company still refuses to pay you for your damages, a good jury verdict works every time. And the lawyer's fee is almost always built into the settlement or verdict so is virtually free. And you don't owe the lawyer anything if no money is collected. It's a win-win for you!

I call on the protesters across America to focus on some of the worse abusers of power: insurance companies.

Legislators do nothing to control them. Yet they routinely rip off thousands of people damaged in motor vehicle collisions --and brazenly pocket billions of dollars they collect from their policyholders when they refuse to pay claims.

The Dallas Morning News investigated this problem in the article on its front page yesterday. Its reporter talked to the leading state official in charge of policing the insurance companies, House Insurance Committee Chairman John Smithee, R-Amarillo. He claimed he had growing concerns about certain insurers who regularly refuse to pay claims in which their policyholders are at fault. "I get calls about this all the time," he admitted.

So why doesn't he/the Legislature do something to stop these rampant abuses?

Why was Old American County Mutual Insurance Company allowed to illegally rescind hundreds of auto policies from 2005 - 2009 after claims were filed and not pay any money to injured drivers, even though hundreds of complaints were filed with TDI?

Continue reading "Occupy Insurance Companies!" »

Today's Dallas Morning News has a n article on the front page about how terrible a lot of Texas auto insurance companies are. Really?

The ones listed above are among the worst I have to deal with on a daily basis. But there are more. A lot more.

For example, today I had to represent a nice man, Roberto, during a totally unnecessary interrogation insisted upon by one of the three largest and supposedly more reputable carriers (State Farm, All State and Farmers). I was told that if I did not produce my client for interrogation, I would receive a zero offer and have to file suit -- this in a case of clear liability with serious injuries and substantial lost wages. But my client does not want to have to go through the lengthy, expensive and nerve-racking litigation process if he could avoid it, so before filing a lawsuit on his behalf, we had to submit to 30 minutes of routine questions we had already answered and now wait for the adjuster to make us a fair offer.

Note to adjuster: I will file suit next week if you do not make a good faith offer.

It's about time the media publicize these sleaze ball companies that deny and delay the payment of legitimate claims when innocent people like you are crashed into. I often file suit rather than waste time dealing with these companies and fight to get my clients the money they are entitled to.

Continue reading "Old American and Fred Loya Officially the Worst Companies" »

The city of Arlington is on its way to a historic high in driving-while-intoxicated fatalities.

Arlington police are increasing their commitment to their annual DWI Task Force campaign -- deploying more officers, conducting more checks at bars, and implementing a no-refusal policy.

Under the no-refusal policy, drivers stopped on suspicion of DWI are required to blow into a Breathalyzer or be served with a search warrant to obtain a blood sample.

A staggering number -- 33 people -- have been killed in drunken-driving crashes in Arlington already this year.

As I often have to say here, what is going on out there?

Continue reading "Arlington DWI Rate To Drop? " »

I was saddened to read that Floyd Jones, a 60 year old resident of south Fort Worth, tragically lost his life Monday night when he was hit by a vehicle as he was walking around his neighborhood.

The collision occurred about 6:30 p.m. in the 500 block of Garden Acres Drive in Fort Worth near I 35.

A motorist told police that she was driving eastbound when she slowed down for a speed bump and heard something hit a passenger side mirror. She told officers that she saw a "flash of red," stopped her vehicle and saw the victim laying in the ditch.

It is hard to believe, but over 5,000 pedestrians are killed and 78,000 are injured each year in the United States.

Without knowing more, I cannot tell whether the driver or pedestrian is at fault. Perhaps the driver was driving carelessly or was distracted as she talked on her cell phone. Or perhaps the man was wearing dark clothing or walked suddenly across the road and she could not have avoided hitting him. Perhaps both were partially at fault. It hardly seems to matter now.

In any event, I urge motorists to drive slower in residential neighborhoods and use utmost caution.

Continue reading "Fort Worth Pedestrian Injuries " »

I am delighted that my clients are "very pleased" with my legal services.

In October, 11 clients filled out surveys reporting they were "very pleased" with their results and treatment and would recommend me to others needing legal assistance.

In September, 11 people all had 100% positive comments about their experiences.

In August, 12 clients said they were very glad they had hired my law firm.

We have had well over 100 clients fill out these surveysthis year -- and all had nice things to say.

As I've said it before, I am blessed to have the greatest clients any where.

I believe in the Golden Rule and always ask how I would want to be treated by my attorney -- then do everything I can to make sure my clients are happy. I fight to make sure my clients are well compensated for their injuries.

If you are shopping around for the best attorney to represent you in a collision case, first see what others who have used my services have to say. You will be equally pleased. I guarantee it.

The Dallas Morning News reported today that our Supreme Court justices usually rule in favor of big insurance companies and other major economic concerns and do not give individuals and small businesses a fair hearing. They have already made up their minds ahead of time which side they want to win.

Noone can possibly think this is fair.

So why is this happening?

Here are excerpts from the article:

...What the (nine current appointments to the Supreme Court) have in common, critics say, is a strong enough leaning toward corporate interests that it's nearly impossible for individuals to win cases against large corporations.

Continue reading "Texas Supreme Court Justices Heavily Biased In Favor of Insurance Companies and Big Businesses" »

A new client of mine was just crashed into by an uninsured driver on Alta Mere near Ridgmar Mall. And since he does not unfortunately carry uninsured motorists insurance, he may not be able to recovery any money for his injuries, lost wages, and pain and sufferering. At least he has medical insurance and Personal Injury Protection benefits.

This is hardly the first time I have seen this happen in my 31 years of practicing injury law. And it obviously won't be the last.

My client's only option is to pay money to file a lawsuit against the uninsured driver, take a judgment,wait, pay more money, and have his driver's license and registration revoked. But that takes time, money, and aggravation, and hardly guarantees he will ever recover his damages.

There are almost 17 million licensed drivers in Texas and the state estimates that one out of four of them doesn't carry liability insurance. So that's 4.25 million uninsured drivers out there. And I think that is a low figure.

Why is this happening?

Driving with liability insurance is obviously required by law, and motorists caught driving without it face a fine on their first offense and the possibility of a license suspension and an impounded car on third or subsequent offenses.

But it is too easy to circumvent this law -- when it is even enforced.

Continue reading "Uninsured Motorists - Big Problem For Us Texans " »