Fort Worth Injury Attorney Blog

Today the U.S. Transportation Department again delayed the mandate that rearview cameras be standard on 2014 passenger vehicles, this time until the end of the year. No reason was given.

The law was passed to protect pedestrians from being run over by vehicles when the drivers are backing up and fail to see them. This happens a lot more than you might imagine, with 228 deaths tragically occuring each year, or two a week. 44% of these are children who are four years old or younger. And a startling 17,000 people are injured - many seriously -- when they are run over each year.

I realize this will cost more -- the National Highway Traffic Safety Administration estimates an additional $160.00 to $200.00 (with the camera installed in the mirror, not in the dash) -- but this seems like a relatively small price to pay. This is especially true since this camera is

Continue reading "Rear View Cameras Should Be Required - Now" »

I discussed the fact that red light cameras actually can increase our Fort Worth automobile crashes because the yellow times are shortened, often below the state minimum requirements, which can cause more people to run red lights. Apparently the Fort Worth Police Department hasn't been getting enough business with their idea, as they are sending out false red light tickets.

One of my paralegals reports that he received a red light camera ticket in the mail yesterday. He quickly realized that the license plate, color, make, and model of the car did not match his.

The ticket had his name, correct plate, and make and model on it, so it was not simply a mailing error, but rather the Fort Worth Red Light Enforcement office looked at a grainy picture of a license plate, made their best guess, and sent out a ticket without ever verifying that their guess matched up with any of the data.

My paralegal drives a 2012 red Ford Fusion. The back of the car looks like this:

Continue reading "Fort Worth Red Light Camera Ticket Was Bogus" »

I was just hired to represent a man his wife who were seriously injured when they were T-boned by a driver who ran a red light and crashed into the driver's side of their car.

The man suffered a fractured knee, a collapsed lung, and several other serious injuries.

The intersection the wreck occurred at has serious collisions almost weekly. People just don't seem to think that running a red light is dangerous. I don't know what can be done, but we cannot let our citizens be injured or killed like this.

I was lucky to get to go to an advanced negotiations seminar last week to learn the latest negotiating techniques (thank you to the State Bar of Texas for holding this on a beautiful cruise ship in the Caribbean!). I don't mention where I travel to or what I've studied to keep up with my legal education, but the instructor, Nina Meierding, an attorney/mediator who lives near Seattle, was so outstanding that I wanted to thank her here.

The opportunity to hone my negotiating skills in such a great setting was superb. Topics we studied/practiced included:

•The predictability of the distributive style of negotiation
•The strategy of setting opening offers
•Dealing with tactics
•Negotiating with highly competitive people
•Collaborative and integrative negotiation skills

Continue reading "Negotiating Seminar I Attended Was Useful " »

I don't understand how lawmakers have not addressed the deadly problem of drunk drivers , especially the ones getting onto our North Texas highways and crashing head on into motorists.

These criminals cause some of the worst crashes on our roads, many of them causing fatalities. There needs to be a system put into place to prevent people from going on the on-ramps in the wrong direction, as the Do Not Enter signs are obviously effective. This occurred to me this past weekend at a car rental lot where the tires would be punctured if I drove the wrong direction.

I was retained on two of these cases last month - both involving drunks on Interstate 35 late at night - and have unfortunately handled many of these over the last 31 years.

As you can see from one of the photographs, the collisions were violent. My three poor clients could have been killed, but the Lord was watching out for them. In fact,

Continue reading "Drunk Drivers Must Be Stopped!" »

I was recently hired by a man involved in a terrible crash when a huge truck turned left in front of his smaller El Camino. As you can see from the photograph, the damage to both vehicles was enormous. Because of the age of the car, it only had lap belts and my client's head smashed into the windshield. He could have been killed.

Continue reading "Trucking Company Forced To Accept Liability" »

Attention politicians: why not lower our taxes and reduce our deficit by trying to reduce the astronomical cost of motor vehicle crashes?

Continue reading "Crashes Cost Us $300 Billion A Year!" »

A 21 year old TCU student, Catherine Ratelle, was arrested on Friday night after she had been drinking and texting while driving. She crashed into a tree near the TCU Library up the street.

Ratelle had a blood alcohol content of .15 -- almost two times the legal limit of .08.

She flipped her Jeep Liberty over and it landed on its side. It is lucky she - or other drivers -- were not seriously injured.

Ratelle was arrested and booked. She posted a $2,500 bond.

I often talk about the dangers of driving while intoxicated -- and driving while texting - especially by younger drivers. I have had to sue or file claims against plenty of them. But this is the first time I've read about someone doing both at the same time.

I strongly believe -- along with 80% of Americans -- that cell phone texting while driving should be restricted.

After all, statistics show that using a cell phone (even hands free) is comparable to having a blood alcohol content of .08%. And that a driver is four times as likely to get involved in an injury collision if he is texting while driving. And that 25% of accidents involve distracted driving.

Why do we allow the tragic loss of life, tremendous injuries, and vast property damage, just so people can dangerously drive while they are not watching the road? DWIs are illegal. What aren't DWTs?

I suggested here last week that you call your company to complain about your high premiums for auto insurance and guess what, just two days later, the New York Times told people to do the same thing - and even with the same company, Liberty Mutual.

I realize that this was presumably a coincidence, but I was pleased that more people will now know how to save money.

I am pleased to announce a happy ending to a collision case that began in 2010 when my client, a student at the University of Texas, was involved in a five vehicle chain reaction as she was driving back to Austin.

I immediately sent my accident reconstruction expert to the scene and he was able to quickly obtain entry into the 18 wheeler's cab and download crucial data from the engine's black box. I did not want to run the risk of the data being destroyed or manipulated, which I have seen happen before. He also interviewed the investigating police officers and witnesses, measured skid marks, and took extensive photographs of the scene and all seven vehicles involved in three separate trips.

Fortunately, my client was in her SUV and the air bags deployed. Here's a photo:

I continued to work hard on the case. I gathered additional information and researched the defendant driver's background and driving history and the trucking company's safety record and policies.

This proved invaluable at mediation later when I was able to convince the other driver's insurance company's lawyers from Dallas that their 18 wheeler driver had been driving 66 mph in a 60 mph zone until two seconds before the crash. Further, I proved that his cruise control was engaged in a construction zone, which although not against the law, came in handy.

Fortunately, God was watching out for my client and she was spared serious injuries. She did sustain a fracture to her finger, a laceration to her mid body, and head, neck and back pain. She was traumatized by the experience.

The insurance company lawyers contended that my client was not seriously hurt, her injuries had largely resolved, and that most of her bills had been paid by health insurance (which greatly reduced her damages under the new Supreme Court decision in Escobedo).

I am not permitted to disclose the amount of the total settlement other than my client is receiving $75,000 in her pocket after payment of fees and bills.

She was thrilled and very nicely wrote that she and her parents were extremely happy and that "Mr. Berenson was very helpful and passionate about the case and our well being."

It was an honor to be able to assist this fine young woman and her family.

My research into what different Texas liability insurance companies are charging drivers shows that there is a huge difference in rates that are being charged.

For example, compare the following quotes for the minimal liability policy of $30,000 for one person's injuries, $60,000 for every one's injuries, and $25,000 for property damage for these two men living in the 76107 zip code (west/central Fort Worth):

A. Married, 25-64 years old, no at fault wrecks and good credit:


AAA $311
Allstate Fire 202
GEICO 199
USAA 235
State Farm 452
Chartis 1,430

B. Single, under 25, with one at fault wreck and average credit:

AAA $1,955
Allstate Fire 1,560
GEICO 1,819
USAA 1,644
State Farm 1,942
Chartis 5,803

It obviously pays to shop around, as the first man can pay any where from $199.00 to $1,430 per year, and the second can pay any where from $1,560 to $5,802 (depending on his background).

Here's the link:
https://apps.tdi.state.tx.us/helpinspublic/Start.do?type=auto