Fort Worth Injury Attorney Blog

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 " »

Farmers Insurance Company's policy holders could file for refunds from a proposed $455 million settlement in a national class action lawsuit that accused the company of illegally inflating its rates by charging excessive management fees.

The case started out in a Texas court in 2007. It is now before a court in Los Angeles, which is expected to approve the settlement next month.

Texas Farmers is owned by Zurich Financial Services in Switzerland. Its national headquarters is in California. So much for the clever marketing aimed at Texans and farmers.

Less than a quarter of eligible Farmers customers have applied for the available refunds.
Maybe that's because of the red tape and small average refunds involved.

Policy holders could receive up to $60.00, although the average refund is about $25.00. Texas will receive about $20 million of the total $455 million available. $350 million has not been claimed.

Former Texas Insurance Commissioner J. Robert Hunter stated that the proposal will do little for consumers, since most of the money goes back to Farmers, which will just keep it.

A consumer attorney said that "It's ridiculous to require that their policyholders and former policyholders fill out and send in a claim form when Farmers could simply send them a check."

Austin attorney Joe Longley, who represented one group of plaintiffs, said Farmers customers are better off with the California proposal than the original Texas settlement of $117 million in 2002. The agreement came after the company had threatened to pull out of the Texas home insurance market because of massive losses from mold claims.

Company officials also were stinging from repeated attacks by Gov. Rick Perry, who made Farmers his favorite target in his 2002 campaign.

The original settlement included rate reductions, premium refunds, higher discounts and miscellaneous refunds. Longley and his clients challenged that settlement, contending the amount was inadequate. Longley eventually had his Texas clients participate in the California case.

"We objected to the Farmers settlement as not being nearly enough, and as a result, the national class action case evolved out of the Texas case," Longley said.

"Texas policyholders are getting a better deal with this [California] settlement because it is real money as opposed to credits or future reductions in rates," he said.

Once the settlement is approved, Travis County District Judge Scott Jenkins will convene a hearing in Austin.

Another class action case affecting Texas policyholders of the company was approved in federal court in Oklahoma City last week for $40 million plus $8 million in attorney fees. That case involved faulty disclosures of premium discounts by Farmers.

Farmers is often difficult to deal with, and I sometimes file suit rather than try to settle with its adjusters.

A woman has unfortunately died after being hit by a vehicle last night on the east side.

Police said the woman was attempting to cross the street in the 5700 block of East Lancaster Avenue at about 8:30 o'clock p.m. when she was struck by a vehicle traveling west.

The driver did not stop, police said.

The woman was taken to John Peter Smith Hospital where she later died, police said.

I represented a very nice woman who was seriously injured when she was looking under the hood of her car in a parking lot when a man decided to back his car into her legs. He fled the scene, but I was able to track him down after obtaining security camera footage, and I made his insurance company pay my client a large amount of money for her injuries.

A Dallas man remained in jail Tuesday on charges that he assaulted another motorist during an alleged road rage incident on Texas 114 in Grapevine in which he reportedly drove away from the scene.

Thankfully, off-duty Grapevine police Officer William Lain was driving in his own car and witnessed the incident.

Alcohol was also listed as a factor in the incident, according to Grapevine police reports.

Grapevine police identified the man as James Darrel Wilson, 42, of Dallas. He was in the Grapevine Jail in lieu of $11,000 bail. He is expected to be charged with aggravated assault with a deadly weapon, endangering a child and criminal mischief.

An unidentified man was driving with his wife, his 9-year-old daughter and their dog in their BMW when he was cut off by Wilson, who was driving his pickup truck. Wilson pulled up beside the other man and cursed at the people in the BMW. The two vehicles stopped on the side of the highway and the pickup driver and his passenger got out of their vehicle and continued to yell at the BMW driver.

Then, Wilson got into his truck, leaving the door open, and backed into the BMW driver with the door and the car!

After being hit, the BMW driver tried to get the pickup driver to stop, and was dragged about 100 feet as he was hanging on the door! The BMW driver eventually let go of the door and rolled onto the roadway. The pickup driver only stopped once he realized that he had left his passenger near the BMW.

Wow, what is going on out there? This frightening episode is an inexcusable offense, not only because of the incredibly idiotic road rage but also because, once again, a motorist was drinking and driving.

I have represented people hurt by road raging/drunk drivers and it infuriates me. In a resent survey, Dallas-Fort Worth was ranked second in cities with the worst road rage and most aggressive drivers, with New York City taking first place. Great.

If you have been hurt by a road raging or drunk driver, please call me. I will fight hard to recover your damages and punish the offending driver.

A second grade student was hit by a vehicle near Sam Rosen Elementary School (pictured below) in North Fort Worth this morning.

The girl was hit when she crossed the street at the intersection of NW 27th Street and Roosevelt Avenue.She got out of her mother's car which was parked across the street from the school and apparently ran out in front of a passing pick up truck.

The girl sustained serious injuries and was rushed by MedStar ambulance to Cook Children's Medical Center in Fort Worth. Her condition is not yet available.

I certainly hope this girl recovers quickly. Frequently I see drivers fail to pay attention to pedestrians, cyclists, walkers, and runners on the road, even in school zones where children are at risk. But here, the mother should have presumably dropped her daughter off at the school door entrance.

This afternoon, by comparison, I ran with the school children around the nearby school that I adopted, Rufino Mendoza Elementary. The parents and teachers seemed to be especially vigilant watching their children and we all stayed on the sidewalks. There was a school crossing guard on Central Avenue.

It is dangerous out there. Yesterday, I was hired to represent a woman who was run over as she was standing by her disabled vehicle. Then, to make matters worse, the driver fled the scene. Thankfully, after I sent him a letter demanding his insurance information, he called my office and admitted to hitting our client. However today his insurance company contacted my office and stated he has changed his story and denies hitting our client. I have a recorded statement from the man and will fight this abuse.

If you or a family member was a pedestrian injured by an inattentive driver, please contact my office immediately so that I can fight to get you the settlement you deserve.

I was just hired to represent a handicapped woman who was hit by an RV last month while waiting on the sidewalk ramp in her wheel chair. My client was hurled on to the pavement and suffered a concussion, two fractured ribs, disc protrusions in her lumbar spine, a fractured hip, a punctured lung, and lacerations. Then the driver of the RV had the audacity to keep going.

Fortunately,a witness was able to chase the driver down six blocks down Rosedale and make him return to the scene. Thank you.

Here is a mock up we created to show the adjuster how the collision occurred using photos of the actual wheelchair and RV.

The driver's insurance company initially claimed that its driver said the woman saw him turning and chose to run her wheel chair into the side of the RV. That's ridiculous. It's a shame that insurance companies make it so difficult for an injured person to be compensated.

After representing this woman during her recorded statement yesterday and obtaining the 911 tape from an eyewitness, the adjuster agreed to pay my client for her damages,

I was pleased that this woman called us back after we gave her a ride home and she said:

"Mr. Berenson is an excellent attorney. He was so aggressive with the insurance company. And he has a very nice and helpful staff that was willing to go the extra mile to make me feel comfortable. Tell him thank you."

If you need an experienced attorney , give me a call and we can discuss your legal options.

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.

Thousands of cyclists around the world joined together on Wednesday for the eighth annual Ride of Silence. This said memorial was started in Dallas in 2003 to honor the endurance cyclist Larry Schwartz who was hit by the mirror of a passing bus and was tragically killed. The event reminds the public to share the road with cyclists.

I think this race is a great way to raise public awareness. I have unfortunately represented my share of cyclists injured due to the carelessness of motorists and is one reason I run more these days than ride.

Friday is National Ride to Work day and I plan to participate. We need more people riding bikes like in other cities. There are plans to increase the number of bike-friendly roads which I applaud.

Next Saturday and Sunday, the Colonial Golf Tournament will store bicycles free of charge near the Log Cabin Village and donate $10.00 to the Streams and Valleys Organization which maintains the wonderful TrinityTrail where we ride and run. The Trail is outside my window and it is nice to look up from my desk and see someone going by during the day.

Cyclists, please be careful out there!

Lisa Aguilar was hit by a car on May 4th while she was mowing her front lawn in Irving. The 49-year-old single mom suffered several broken bones and now uses a walker.

Police say a silver Toyota Camry speeding down Rochelle Road was turning onto Manion Street when the vehicle entered Aguilar's yard, crashed into her, then drove off!

Aguilar's 16-year-old son found her on the ground unconscious and immediately called 911. The driver has yet to be identified.

As I have wondered here before, what is going on out there?

In hit-and-run accidents, the at-fault driver is rarely found. Even worse, even when they are, they often do not carry insurance. If you have been involved in a hit-and-run accident or an accident caused by an uninsured driver, you still have options. If you have uninsured motorist coverage, Personal Injury Protection or Medical Payments benefits, or health insurance, I encourage you to file on those policies.

A lot of people believe that their own insurance companies will be helpful and compensate them fairly. They think they will do better without an attorney. The truth of the matter is that insurance companies will pay you little, if anything, unless they have to. They may pretend to be on your side, but when it comes down to it, they will try to avoid paying you what you deserve.

If you've been in any wreck, you want an experienced board-certified injury lawyer on your side. The insurance companies have lawyers on their side, shouldn't you? Call me at 817-885-8000 for a free case evaluation. I'll explain all the ways I can make you money, including several you probably didn't know were possible.

Texas insurance companies use the Texas Personal Automobile Policy which offers eight kinds of coverage to reimburse you for your loss from a vehicle crash. To help you understand what money you may be entitled to, here are the types of coverage:

1. Liability: When the other person is at fault for causing the wreck.
What it pays: Your expenses up to his policy's dollar limits (a minimum of $25,000.00, and sometimes more, including medical bills, lost wages, pain, and vehicle damage or replacement cost if it is totalled.

Who it covers: You, family members, and someone driving your car with your permission.

Note: Some policies won't cover other people, including family members, unless they're specifically named in the policy. Your policy's declarations page should list the names of all of the people covered by the policy.

2. Medical Payments Coverage
What it pays: Your medical bills.

Note that any money received will have to be paid back when you recover money from the other driver's insurance company.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the collision.

3. Personal Injury Protection (PIP) Coverage
What it pays: Medical bills, 80% of lost income and the cost of hiring a caregiver.

Who it covers: You, your family members, and passengers in your car, regardless of who caused the crash.

An insurance company must offer you $2,500 in PIP, and you can buy more. If you don't want PIP, you must reject it in writing. The insurance company must provide me with a copy of your rejection of PIP or I can obtain these benefits for you.

4. Uninsured/Underinsured Motorist (UM/UIM) Coverage What it pays: Your expenses caused by an uninsured motorist or a motorist who did not have enough insurance to cover your bills, up to your policy's dollar limits. Uninsured also pays for accidents caused by a hit-and-run driver if you reported the accident promptly to police.

Bodily injury UM/UIM pays without deductibles for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability.
Property damage UM/UIM pays for auto repairs, a rental car, and damage to items in your car. There is an automatic $250 deductible, which means you must pay the first $250 of the repairs yourself.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

Insurers must offer UM/UIM coverage. If you don't want it, you must reject it in writing (see above).

5. Collision (Damage to Your Car) Coverage
What it pays: The cost of repairing or replacing your car after an accident. Payment is limited to your car's actual cash value, minus your deductible. Actual cash value is the market value of a car like yours without damages.

Who it covers: You, your family members, passengers in your car, and others driving your car with your permission.

6. Comprehensive (Physical Damage Other than Collision) Coverage
What it pays: The cost of replacing or repairing your car if it is stolen or damaged by fire, vandalism, hail, or a cause other than a collision. Comprehensive coverage also pays for a rental car or other temporary transportation if your car is stolen. Your policy won't pay for an auto theft unless you report it to police. Payment is limited to your car's actual cash value, minus your deductible.

7. Towing and Labor Coverage
What it pays: Towing charges when your car can't be driven. Also pays labor charges, such as changing a tire, at the location where your car became immobile.

8. Rental Reimbursement Coverage
What it pays: A set daily amount for a rental car if your car is stolen or is being repaired because of damage covered by your policy