Fort Worth Injury Attorney Blog

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 from my office.

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 - and this is a good reminder of the danger of doing both.

I've been writing about the dangers of using cell phones while driving -- and filing suit when people crash into my clients when they are not paying attention to the traffic around them -- for many years.

Yesterday, the U.S. Department of Transportation (USDOT) released a study showing that almost all drivers would do that.

And drivers don't think it's dangerous when they drive and dial/text - - only when other drivers do.

32,855 motorists were killed in 2010. Distracted driving killed at least 3,092 people of them, according to the study. (Of course, it is often difficult, if not impossible, to know exactly how wrecks happen, especially when a fatality is involved.)

The USDOT's research shows that a driver is 23 times more likely to be involved in a wreck if he or she is texting.

Why is this legal?

Why do 50%/25% of drivers polled said that making a cell phone call/texting made no difference in their driving performance?

Almost every one (90%) said that when they were passengers, they felt "very unsafe" when their driver was texting?

Pennsylvania became the 35th state to outlaw texting while driving.

Think our roads could be safer here? I sure do.

But Texas is one of the few states that doesn't ban texting/cell phoning while driving, thanks to Gov. Rick Perry 's veto of a bill that would have banned the practice. He was the first U.S. governor to do so. However, he said that texting from behind the wheel is "reckless and irresponsible."

I have had to represent an increasing number of injured drivers whose crashes were caused by other motorists driving while texting or talking on their cell phones, and I believe that this practice is clearly dangerous and should be banned.

If you have been injured in a motor vehicle collision, please contact my office and I will subpoena the other driver's cell phone records in court to see if he was on the phone or texting.

Arlington, Dallas, Austin, San Antonio, El Pason, and other cities have recently enacted driving while distracted laws.

I just got a new case when my client was seriously injured when another driver side swiped her vehicle while texting, forcing her to crash into a concrete bridge support on Interstate 35.

Texas legislators passed a law stopping drivers from texting, but Gov. Perry vetoed it in June.

Two new Texas distracted driving laws are in effect. One bans teen drivers under the age of 18 and learners permit holders in their first six months of driving from using cell phones and text messaging devices. The other prohibits all drivers from using handheld cell phones in school crossing zones. And school bus operators are prohibited from using cell phones while driving if children are present.

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!" »

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.

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.

Driving while distracted is a leading cause of crashes. I have handled a lot of these cases. Hopefully our legislature may finally do something to ban cell phone use while driving when it begins its biennual session in January in Austin.

Yesterday, San Antonio representative Jeff Wentworth prefiled his proposed House Bill 138 which would prohibit using a cell phone while driving, except when using a hands-free device or making an emergency call. Hurray!

Studies have proven that talking on a cell phone, even with a hands free device, is comparable to driving while you are drunk -- and even worse. And various states have already banned texting and/or calling for all drivers/those under 18/those with learners permits, or only bus drivers. I was warned not to use my phone in the past few months in Oregon and Connecticut.

Text messaging alone caused more than 16,000 deaths in car accidents from 2001 to 2007. And the death rate in crashes involving cell phones and texting while driving rose 28 percent in just three years, from 4,572 in 2005 to 5,870 in 2008.

My law office has handled many vehicle crash cases when a texting driver crashed into our client's truck or car. I recently settled a case for a substantial sum after I subpoenaed cell phone records to prove that the defendant driver was texting while she was driving -- despite her denials. Click here to read about her case.

If you or a loved one is involved in an accident where the driver was texting while driving or otherwise distracted please contact my office immediately at 817-885-8000 so I can subpoena their cell phone records and fight the insurance company to get you the settlement you deserve.

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.

The number of teens who are dying in night time crashes has tragically risen as the use of cell phones has increased, the Texas Transportation Institute at Texas A & M University reported in sobering news today.

The number of fatalities has increased by over 10% over the last 10 years.

I have a client who was rear ended on a local highway by a teenager on her cell phone. My client had to undergo a spinal fusion and discectomy as a result. My client is still in pain due to the wreck in June 2007. I just took her neurosurgeon's deposition last night. I used this diagram as an exhibit in the deposition.

Talking on the phone, texting, surfing the internet, and even using a bluetooth headset while driving is distracting. Distractions are the leading cause of automobile crashes in America. Thousands of people are injured every year as a result.

If you've been hurt because of a wreck, call my office at 817-885-8000 or e-mail me. I will fight hard to get you the maximum recovery possible. In addition, if you mention that you found me by this blog or my website, I offer a reduced attorney fee of only 28% pre-trial instead of the 33.3% pre-trial fee that most attorneys charge. That will translate to hundreds or even thousands of dollars in savings to you.

You will never believe this, but many young drivers in Texas are dangerous. I know. My teenager hit another driver when she was 16! Fortunately noone was injured. I took her car away for a year, made her go back to driver's ed classes, and personally coached her before I would let her drive again. And she hasn't been in any crashes since.

While many young people are good drivers, the combination of inexperience, over-confidence, and their fondness of texting while driving makes teen drivers statistically much more likely to cause wrecks than drivers who have had more experience behind the wheel.

Many states, including Texas, have so-called "graduated license" laws limiting the number of passengers that teen drivers can carry as well as restrictions on the times of day when teen drivers are allowed to be on the roads. The problem with these laws is that they are hard to enforce. Officers do not have a way to easily identify a driver as 16, 18, or older without pulling them over. New Jersey now requires teen drivers to put decals on their license plates so officers can identify them easily.

Support for the decals has been varied. Many teen drivers and now some New Jersey lawmakers are opposing the law.

New Jersey teens opposed to the nation's first state law requiring young drivers to display license plate decals that identify them as inexperienced have gained support for their cause from several state lawmakers and a national youth rights advocacy group.
The statute known as Kyleigh's Law takes effect Saturday. It requires New Jersey drivers ages 16 to 20 to have a $4 pair of detachable fluorescent red decals on their front and rear license plates during a yearlong provisional license period. Failure to do so could result in a $100 fine.
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The law was named for Kyleigh D'Alessio, a 16-year-old central New Jersey high school student who was killed in 2006 while riding in a vehicle driven by another teen. Democratic Gov. Jon Corzine signed the law last year.

Opponents claim the law is well intentioned but won't improve safety, will subject motorists to nuisance traffic stops and might entice criminals to target young drivers.

Continue reading "Texas Teenage Drivers Are Dangerous! " »

"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" »

I recently wrote about this weeks's big Department of Transportation conference investigating how to reduce deadly crashes.

Today, President Obama signed an executive order prohibiting the 4.5 million federal employees, including military personnel, from driving and text messaging.

In addition, the U. S. government wants to ban texting by bus drivers and truckers who travel across state lines. Furthermore, these drivers may be prohibited from uding cellphones while driving, unless an emergency is involved. It is not clear whether onboard computers use will be restricted.

"This meeting is probably the most important meeting in the history of the Department of Transportation," Mr. LaHood said in his remarks concluding the conference.