Fort Worth Injury Attorney Blog

An Irving fire truck that was parked to protect workers after one traffic accident was hit by another driver in a pickup truck early Monday morning.

Police believe the driver of the pickup may have been intoxicated.

The fire truck was working as a "blocker," parked a few hundred yards behind single-vehicle rollover crash on southbound Walton Walker Blvd. just north of Highway 183.

At approximately 3 a.m., the pickup driver was traveling south on Walton Walker and struck the fire truck from behind.

Firefighters had to pry open the wreckage to free the two men in the truck both of whom were injured.

No firefighters or emergency workers were hurt.

If you are injured as a passenger in a wreck, you are almost always entitled to recover money for your injuries. If the driver of your vehicle is at fault, you can file against their policy, and if another driver was responsible, you can file on theirs. Additionally, there may be multiple supplemental coverages on your drivers or your own policy that I can help you recover.

Call my office today at 817-885-8000 for a free case evaluation and a no-obligation consultation to discuss your case. I have been fighting for injured Texans for over 30 years and will get you the maximum amount of money possible. The sooner you call, the sooner I will start working hard for you.

The driver of a Fedex delivery truck, Khaled Abushaaban, was tragically killed yesterday when a drunk driver in a pick-up truck hit his truck head-on on Highway 114 in Irving.

The FedEx truck was split open by the impact and packages were strewn across the highway and into the median, where the vehicle came to a stop.

Abushaaban was a father of a young daughter; his wife is pregnant with a second. My thoughts go out to his family and friends. I wish people would realize that the dangers of driving drunk are real and tragic. It seems like every day another North Texan is being killed in collisions with drunk drivers. It makes me sick.

If you or a family member has been the victim of a drunk drivers despicable and dangerous behavior, call me at (817) 885-8000 and I will help you recover every penny available for your injuries or loss.

As I have written about numerous times in the past, something needs to be done to convince motorists that driving drunk is dangerous and stupid. Over 12,000 people die every year as a result of drunk driving -- one-third of all traffic fatalities.

Fortunately, several states have taken a few steps to combat the problem. One adopted by
Texas and five other states allowsthe families of people killed by drunk drivers to put up signs at the spot of the crash to both honor their relatives and to remind people of the danger that drunk driving creates. Across America, makeshift memorials dot two-lane roads, highways and interstates, sad tributes to people killed in crashes. Some feature crosses, teddy bears or flowers. Others have Bibles or pictures of the victim.

Continue reading "Drunk Driving Victims Allowed To Be Honored in Texas " »

A 14-year-old girl was tragically killed this morning when 18-year-old Denmark Van Savier crashed into a light pole in the center median of a six-lane divided road in Dallas. The deceased was not wearing a seatbelt and was ejected from the car and killed instantly. The five other passengers were taken to the hospital and the driver, Van Savier, is still in critical condition. Van Savier will likely be charged with intoxicated manslaughter and intoxicated assault since he was drunk when he hit the pole.

Accident such as these are so senseless because they could be avoided if people would simply obey the law. Drunk driving is inexcusable. So many of my client's have been hurt by drunk drivers and it makes me sick. I have a young daughter and couldn't imagine if I lost her to a drunk driver. I have no sympathy for drunk drivers and do everything I can to make them pay for the damage they cause.

The young girl who died in this accident could of likely been saved if she was wearing a seatbelt. Texas law now requires all passengers to where seat belts, even the people riding in the back seat. I wrote an article a few weeks ago about the "Click it or Ticket" campaign that the state of Texas sponsors every year. Wearing a seatbelt will not only save your life, it can save your pocket book.

If you have been hurt by a drunk driver call me and I will fight hard for you. I have been helping people for over 30 years and know how to make drunk drivers pay for hurting you.

A young Fort Worth woman was arrested Tuesday DWI after she ramped her car off the toll booth at the DFW Airport.

Yasmine Villasana, 22, sped through the toll both and hit the median which sent her car flying over the entire toll booth! What in the world was this woman thinking? Villasana walked away from her "General Lee" jump with only minor injuries. Thankfully, no one else was injured in the accident. The video of this wreck is unbelievable!

It's scary how irresponsible people can be when they get behind the wheel after drinking. Senseless accidents such as this could easily have been avoided if people would simply obey the law and not drink and drive.

I recently had a client who was side-swiped by a drunk driver at 7:30 a.m. on I-20. The insurance company initially denied my client's claim and wanted to pay her nothing for her injuries. I fought hard for her and was able to get her a $52,500 settlement, the maximum insurance available from the other driver and my client's Underinsured Motorist and Personal Injury Protection benefits.

If you have been hurt by a drunk driver, you deserve to be compensated for your injuries. Call me at (817) 885-8000 and I will fight hard to make the insurance company's pay for your injuries.

Rolando Martinez, 28, from Paris, Texas died yesterday afternoon from injuries he received just late Saturday night in a crash on North Main Street in Cleburne.

Police say alcohol may have contributed to the wreck.

Martinez was one of five men from Paris who were inside a Chevrolet Suburban when their SUV drove off onto the shoulder, spun around, and then flew up into the air before falling into the ditch on the other side of the road. All five passengers were ejected.

Three of the men remain in critical condition at John Peter Smith Hospital.

What a horrible and unnecessary story.

I have had to represent many people injured in one vehicle collisions like this one over the last 30 years

One of my clients, whose first collision case was just about to settle, was injured in a second crash when the car he was a passenger spun out and crashed into a concrete median. I am now representing him and a fellow passenger in a lawsuit against the driver. Below is a photograph of the car they were in.

Many people mistakenly believe that they can only collect money from other drivers and if they are a passenger and their driver causes a wreck, they have no recourse. This happens in family settings all the time. If you are hurt because of the negligent driving of any another person, you have the right to be compensated.

For example, I just concluded a case where my client was a passenger in a drunk woman's car. His neck sprain case settled in May for the total available insurance policy of the driver and an additional large sum of money. I was pleased that my client was extremely happy with his settlement.

If you have been hurt because of any other driver's negligence, please call my office today at 817-885-8000 or fill out this form for a free case evaluation. We are here to help get you the settlement you deserve.

More sad news to report: 17-year-old Brandon Simmons was tragically killed Saturday night when he was hit by a drunk driver in Venus. As if this weren't bad enought, the driver then fled the scene.

My deepest sympathies go out to the Simmons family as well as any other family which has lost a loved one due to the actions of a drunk driver. Drunk driving is a huge problem; drunk drivers kill more than 1,500 people each year just here in Texas.

Fortunately, police apprehended the driver and charged him with intoxication manslaughter and failure to stop and render aid. The driver has a prior DWI conviction.

I ride a bicycle to stay in shape and I find it horrendous that innocent people are so senselessly killed by drivers, especially drunk drivers.

National Bike Month is a Reminder to Texas Bicyclists to Practice Safe Riding
I would like to remind bicyclists to exercise these safety precautions when on the road:

• Wear a helmet (this can reduce traumatic brain injury risk by up to 88%)
• Obey traffic laws
• Pay attention to the motorists and pedestrians around you
• Use a bicycle headlight if you are riding at night
• Wear clothing that makes it easy for motorists see you
• When cycling next to parked vehicles watch out for drivers opening their doors to exit
• Ride in the same direction that traffic is headed
• Stay out of driver's blind spots so that they can see you
• Make sure you have a bicycle mirror
• Watch out for vehicles at cross streets, parking places, and driveways
• Don't swerve when looking behind you to check traffic
• Make sure your bicycle is properly maintained

Unfortunately, bicyclists are at high risk of serious injury whenever they are hit by a car, truck, motorcycle, or bus. The medical costs for treating spinal cord injuries, traumatic brain injuries, disfigurement, and other catastrophic injuries can be unaffordable unless you receive the bicycle accident compensation that you are owed.

This is an update to the story I wrote about last week involving the man who drove into a house.

It turns out, he was an off-duty Fort Worth Police officer, and he was drunk. His blood alcohol level was more than two times the legal limit at the time of the crash.

Officer Michael Buchanan, turned in his letter of resignation yesterday in light of the accident.

This is the second high-profile crash caused by drunk Fort Worth cops in the last 6 months. In December, Officer Jesus Cisneros, caused a wreck that killed local resident Sonia Baker. I previously posted about that wreck HERE and HERE

These officers need to be punished. They are entrusted with the responsibility of protecting our city's residents and they're driving around drunk and injuring and killing innocent people. This needs to stop.

That is why I support the efforts of MADD and other organizations who work to prevent this terrible accidents and help the victims and their families get the medical and legal care they need.

TWO drivers were apparently DWI early Saturday morning when they crashed into each other in Fort Worth. Wow, what is going on out there?

Jared Clark, a 20 year old from Crowley, was driving in his Dodge pickup truck north on the service road of Martin Luther King Freeway when he collided with a Ford Taurus driven by 18 year old David Whitworth traveling east on Mitchell Boulevard.

Due to this conduct, two children, four year old Breanna Muniz, and her sister, two year old Deanna Mata, who was not properly secured in a car seat, were tragically killed in this horrible crash.

In addition, four adults, including the girls' 19 year old mother, Erika Leija, Arthur Siller, 37.and Clark, who is in critical condition at JPS Hospital, were rushed to area hospitals.

Neither driver was legally old enough to be drinking, and obviously neither were allowed to be driving while intoxicated.

Further, the mother of the girls was not old enough to be drinking and apparently thought nothing of driving around with a drunk driver with her two little girls in the back seat -- one not secured in a car seat - after midnight.

Clark faces two charges of intoxication manslaughter and three of intoxication assault. He was hospitalized but released, and is in the Mansfield Jail on a $250,000 bond.

Whitworth will be charged with felony DWI, since he was driving a child who was less than 15 years old at the time of his crime. He is still in critical condition at JPS Hospital.

I hate that this brutal and senseless tragedy happened, and my prayers go out to not just here but to all of the families of those killed and injured due to DWIs.

I am making a donation to a fund that has been set up to help with the medical and funeral bills of the mother and her two poor children and encourage my readers to do the same. Donations can be made at any Frost Bank, payable to the Leija Family Benefit Fund. Donations can be mailed to the: Leija Family Benefit Fund, Frost Bank/Summit Branch, P.O. Box 16509, Fort Worth, Texas, 76162.

But how long will we keep seeing this criminal behavior from people who drive while they are intoxicated? As you can tell, I hate these drivers and sue them with a vengeance.

FACT: Texas leads the U.S. in the number of people killed in wrecks caused by drunk drivers - 1,473 in 2008 alone.

FACT: Texas has one of the highest number of people serving time for DWI - 6,200.

FACT: Ralph Lynn Foltz Jr. was arrested for his 11th DWI after leading police on a dangerous high-speed chase through the streets of Galveston and Brazoria counties several months ago.

FACT: John Barton killed two people and injured three other family members in the DFW area Sunday night. He should have been locked up in the state penitentary serving his jail sentence and treated for his alcoholism after being convicted of his third DWI.

FACT: Barton was driving his wife's car which did not have the required engine interlock.
Even so, Michelle Lyons, a spokeswoman for the Texas Department of Criminal Justice, told the Dallas Morning News that "he couldn't operate a motor vehicle unless it had it had an ignition interlock."

FACT: Barton had a valid driver's license.

FACT: The governor has ordered the Department of Criminal Justice to cut five percent from its budget, including $7.8 million from its treatment programs, which will eliminate help for 1,346 DWI offenders.

FACT: The state, knowing that we have a serious DWI problem, recently almost tripled spending on state prison treatment for DWI offenders from $36 million in 2007 to $97 million in 2010.

According to the TDCJ spokeswoman, the extra money has been worth it, with 6,000 new treatment slots being created with the money, including a 500 bed DWI treatment ward in East Texas.

"We've seen it have a positive impact not just on the individuals, but overall on the inmate population, Lyons said. Furthermore, the treatment has treatment has greatly reduced the number of offenders who return to prison.

However, the treatment programs are apparently not working. "We've had him (Barton) in prison twice and done nothing to treat his alcoholism. And now we have a tragedy," said State Senator John Whitmire, the chairman of the Senate Criminal Justice Committee.

While I understand that our state is facing an enormous potential budget deficit of $18 billion and must cut back services, this is clearly not the place to do so.

"DWI will kill you, just like a gun will. It's one of our most serious crimes," Senator Whitmire said.

Mothers Against Drunk Driving (MADD) is working hard to get more car ignition locks, police sobriety checkpoints, and treatment to stop these tragedies from reoccurring.

I am angry that a man withTHREE PREVIOUS DWI CONVICTIONS caused a devasting crash on Interstate 35 in Lewisville early on Easter Sunday morning, killing Kandace Hull, a wonderful 33 year old medical scribe, and her 13 year old daughter Autumn. Tony Hull is still in the Intensive Care Unit at Parkland Hospital in Dallas and his two surviving children, ages 16 and 12, are being treated in Childrens Hospital.

John Barton, 29 will be arrested on two counts of murder when he is released from the county hospital, where he is being treated for some internal injuries.

If you want to feel scared while you are driving on the streets of DFW, this was Barton's fourth DWI ! He had previously been convicted on three different dates but was allowed to be driving on our streets with a valid driver's license!

Barton's first conviction was in 1997, when he was only 17 years old, in Denton. He was convicted again in 2001 in Denton and was sentenced to 300 days in jail. He was convicted of felony DWI in Grapevine in 2006, was sentenced to three years in state prison, but was somehow paroled on Jan. 22, 2009 after serving only 10 months.

 
Barton was speeding and weaving in and out of traffic when he rear ended the Argyle family's Nissan Sentra with his Mazda. The trunk of the Nissan was hit so hard that it ended up in the passenger compartment.

I have some serious questions about what happened: Why was this habitual drunk even allowed to drive wih the "three strikes" against him? Why was he released from jail after serving less than one year of a maximum 10 year sentence? What medical treatment was provided to him while he was in jail so that when he was released, he would not keep drinking? Why did he still have a driver's license? What was his blood alcohol content? Did his car have an interlock device? What is going on with our "criminal justice" system?!

As Mary Kardell, executive director of the North Texas affiliate of Mothers Against Drunk Driving (MADD) said, our judges and juries need to give the maximum sentence to drunken drivers. "If these people aren't taken off the road, this will present itself again."

Ms. Kardell pointed out that in the 2009 legislative session, lawmakers rejected proposals to require ignition-lock devices for first-time DWI offenders and to allow sobriety checkpoints.

My sincerest condolences go out to the Hull family.

An Arlington woman was sentenced to 16 years in prison Thursday for a drunk driving wreck that killed one young man and maimed another on Green Oaks Boulevard last year.

Michele Hartmann, the Tarrant County prosecutor, called the sentence a "deterrence verdict and a punishment verdict." I hope she is right.

The woman, Erica Kolanowski (seen in the photograph in this post), 31, had asked the jury in to assess her punishment after pleading guilty to charges of intoxication manslaughter and and intoxication assault in the January 11, 2009, collision in southwest Arlington. Kolanowski's blood-alcohol level was more than twice the legal limit.

The passenger, 20 year old Joshua Carter, was killed instantly. The driver, Matthew Lundy, is permanently crippled.

I am happy that criminal justice is finally being served, but the civil justice system can never begin to help out these two poor men. I hope long jail sentences like this one will stop drunks from getting behind the wheel and running into us. My heart goes out to the family of Mr. Carter and to Mr. Lundy and his family for all they have had to go through.

I have handled many DWI cases and go after drunk drivers with a vengeance. There is absolutely no excuse for getting behind the wheel if you had consumed any alcohol or drugs that will obviously impair your driving ability.

If you've been injured in a wreck involving a drunk driver, you need a civil attorney with experience handing cases involving DUI's. If you've been hurt in a wreck, call or e-mail my office today at 817-885-8000 so I can help you get all the money you deserve.

Fort Worth police officer Jesus Cisneros, who was DWI and killed the mother of two small children was indicted for intoxication manslaughter. I previously wrote about this horrible crash HERE and HERE. Let's hope Cisneros spends many years in jail. Incredibly, he has appealed his termination by the FWPD.

Also yesterday, an Arlington woman was sentenced to 26 years in prison for intoxication manslaughter and assault and wrote a separate blog about this terrible tragedy.

My friends at Mothers Against Drunk Driving (MADD) report that 40% of fatal crashes involved alcohol. And for fatal crashes occurring from midnight to 3 a.m., almost all of them (77%) involved alcohol.

State laws in 31 states still allow someone to operate a motor vehicle and consume alcohol until his blood alcohol concentration is 0.10 g/dl. Texas lowered the limit to .08, but I believe it should be lower.

I sue drunk drivers for the pain and injuries they cause to my innocent clients. Not only does alcohol make people more likely to swerve out of their lane or to ignore traffic signals, drunk drivers also drive faster and take more risks. A crash caused by a drunk driver may cause severe injuries or death.

You should not have to suffer because someone was too stupid or cheap to take a taxi home or get a ride. You need an attorney with experience handing cases against drunk drivers. If you've been hurt in a wreck, call or e-mail my office today at 817-885-8000 so I can help you get all the money you deserve.

I am proud of the work MADD does helping victims of drunk drivers and their families and I donate a portion of my fee from drunk driving verdicts and settlements to MADD.

Today I received a large recovery of money for another wonderful client who was unfortunately injured by a drunk driver This is what she had to say about my services

and was delighted to read the article in the today's Dallas Morning News about how Dallas police may start requiring blood tests from DWI suspects. That is, if the city can come up with $360,000.00.

How can Dallas not find this money? Think about its extra police, fire department, Parkland Hospital ER, medical expenses, criminal courts, and other costs that will be avoided -- not to mention the carnage to innocent people like you and me.

Just last year, 38 people were killed in Dallas due to drunk/stoned drivers and a startling 3,600 people were arrested on these charges.

Many cities already require these more reliable blood tests, with tiny Dalworthington Gardens near Arlington being the first city in Texas to require them. (However, a Bedford woman had her conviction thrown out because those police officers were not properly qualified to draw blood; the case is on appeal.)

New laws have made it harder for drivers pulled over for drunken driving to refuse blood tests. Police no longer have to obtain time consuming search warrants for felony DWIs, where a person is hospitalized, a child is in the vehicle, or the suspect has a prior related conviction. And if the suspects refuse, their licenses are suspended for six months.

A whopping 11,773 people died in collisions caused by drunk drivers in 2008 -- a shocking one-third of the 37,261 of Americans killed in all crashes.

In Fort Worth, police mounted two recent crackdowns that resulted in 125 arrests -- 163% more than last year's.

The woman who crashed into Bertha is still awaiting trial.

I will donate a portion of my attorney's fee from every case where I represent a victim of drunk driving to Mothers Against Drunk Driving (MADD), a wonderful organization. I also will volunteer at their walk in Fort Worth on March 27th in Trinity Park.

"Only" 33,963 people died driving on U.S. roads in 2009, the government reported yesterday. This is down from the 37,261 killed driving in 2008 -- all the people who live in Benbrook and Azle combined!

And here in Texas, "only" 2,984 people were killed in collisions.

Whoopee!

In my opinion, one person dying on our roads or getting injured is one too many.

Even the U.S. Transportation Department admits that the numbers are too high, but tries to take credit because (1) more people are wearing seat belts, (2) vehicles are safer, and (3) police are enforcing drunk driving laws more vigorously.

It doesn't mention that peoople drove less last year due to the recession,

Continue reading "Texas and U.S. Accident Deaths Decrease" »