Recently in Wrongful Death Category

January 27, 2012

Will New 75 MPH Limit IncreaseTexas Highway Injuries?

Yesterday the Texas Transportation Commisision raised the speed limit from 70 to 75 on nine of our interstates as soon as new signs are posted.

About 1,500 miles of interstates will be a little faster to drive on, with the longest stretch of 310 miles on Interstate 20 starting west of Fort Worth and going out to far West Texas. Here is the map of the affected highways:

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Other long stretches of highways are I-30 in East Texas, I-10 between San Antonio and Houston, and I-45 between Dallas and Houston.

As a personal injury lawyer specializing in auto and truck collisions, I have to wonder if increasing these speed limits will increase the number and severity of crashes .

After all, in 2010, there were 104,000 car crashes causes by speeding or failing to control speed. There were also 78,000 caused by driver inattention. Often both factors were listed on police report.

How many wrecks happened here? In 2010 there were 123 serious car crashes in Tarrant County, which led to 134 fatalities. And there were almost 1,000 accidents that led to injury codes on the police reports of either an A or B, the two most serious ones.

The total number of crashes was about 23,000 traffic accidents in Tarrant county.
That's 63 a day - on our slower roads.

December 18, 2011

Drunk Dallas Teenager Kills Motorcylist

Reyes,%20Joshua-thumb-110x161-128993.jpgA drunken driving suspect, 18 year old Joshua Reyes, crashed into a poor guy riding his motorcycle in University Park early Sunday morning.

Danny Ray Viola, 56, of Dallas was southbound on Preston Road at 12:40 a.m. when he collided with a speeding Honda Civic that ran the light at University Boulevard.

Viola was taken to Parkland Memorial Hospital, where he was pronounced dead on arrival.

Reyes (see photo) was taken into custody on a charge of intoxication manslaughter.

This story really makes me angry.

I hate drunk drivers. And don't drink much alcohol. And sympathize with law abiding motorcyclists and bicyclists. And my only child goes to SMU and lived in a dorm a block from the scene for two years. And I spent three years studying at SMU Law School a block in the other direction.

There has to be a way to crack down on the wide spread culture of drinking and driving, especially when it kills innocent drivers. I have had to handle far too many DWI cases over the last 31 years.

December 15, 2011

Arlington Man Rams SUV And Kills One, Then Fires Gun at Bystander, Killing Him

This story is just too hard to believe.

In Arlington at 1:40 yesterday afternoon, a 27 year old man, Thomas Harper, crashed his Tahoe into two cars on North Collins.

Harper then rear-ended a truck so hard he tragically killed the driver, Najee Nasir, who was 42 years old.

As if that weren't bad enough, Harper then peeled out and fled the scene at a speed estimated at 100 miles per hour. with his twin toddlers in the back seat.

Witnesses chased the Tahoe to get a license plate.

Harper then rammed his SUV into the rear of a Dodge pickup stopped at the intersection of Collins and Brown Boulevard so hard that he killed its driver too.

Witnesses rushed to the Tahoe to render aid and found Harper "ranting and raving, half laughing."

Harper started firing a gun out of his window and shot and killed Clarence "C.J." Robinson, 19, of Arlington, who was on his way to work at the nearby Potbelly's Restaurant. He did not own a car.

An eyewitness heard Harper say as he was being pulled out of his Tahoe by Arlington police that "I'll shoot somebody again."

Harper was obviously high.

He is being held in the Arlington jail on charges on murder and intoxication manslaughter. Bail is set at $550,000.00.

And just four days earlier, Robinson's older brother died the same way -- with a gunshot wound to the head -- in a New Orleans-area shooting.

Robinson had left New Orleans after Hurricane Katrina with his siblings and was trying to make money to help out his sister and his nephew.

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

December 10, 2011

Another Fort Worth DWI Fatality - 2 Arrested

A Fort Worth woman faces intoxication manslaughter charges in the death of an 18-year-old Fort Worth man.

Althea Voynn Wilson, 28, was arrested Thursday after the pickup she was driving late Wednesday ran a stop sign and struck another truck in the intersection of East 2nd Street and Pecan Street in downtown Fort Worth,

Sean Michael Satterfield was thrown from a 1996 Chevrolet truck when it was hit by a 1998 Dodge truck that was southbound on Pecan Street.

Satterfield died at the scene from blunt trauma of the chest.

The driver of the Chevrolet, Arnold Razon, 19, of Fort Worth, also was arrested and faces charges of driving while intoxicated and possession of marijuana

December 6, 2011

Hondas Recalled Due To Dangerous Airbags

airbag.jpgHonda Motor Co has just recalled 273,000 of its vehicles in the U. S. whose air bags inflate too fast and with too much pressur and cause serious injuries and even deaths.

This adds to several milliion Hondas previously recalled for this same problem.

This time, Honda says that it used the wrong material in the chemical inside the air bags.

You would hope that when you bought a car, the air bag wouldn't hurt -- or kill -- you.

I forced an insurance company just last week to pay a large settlement to a young 19 year old UTA student who was a passenger in his friend's Nissan and whose face was burned by the air bag hitting him when his driver crashed into a pole.

December 1, 2011

Arlington Auto Accident Leads To 35th Death This Year

A Fort Worth man died early Thursday, a little more than a day after he was injured in a traffic accidentin the 1500 block on North Cooper in Arlington.

It was the 35th traffic fatality in Arlington in 2011. However, for the entire year of 2010, only 18 people died in colliisions in the city -- out of 6,484 reported crashes.

What is going on out there?

Jose Reyes, 23, unfortunately died at 1:16 a.m. at John Peter Smith Hospital from multiple blunt force injuries.

Two others were injured in the crash.

I was just hired this week to represent a family that was hurt in Arlington recently when another driver ran a red light and have successfully prosecuted auto and truck collision cases throughout Texas and the United States for over 31 years.

November 28, 2011

Fort Worth DWI Crash Kills Local Resident

DWI Accused Crash Manslaughter Arlington Fort Worth DFW Hurst Lawyer Wreck Death Injury.jpgHere'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" »

November 15, 2011

Occupy Insurance Companies!

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!" »

November 11, 2011

Arlington DWI Rate To Drop?

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.

dwi drunk driver wreck lawyer injury.jpgUnder 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? " »

November 8, 2011

Fort Worth Pedestrian Injuries

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.

pedestrian1.pngA 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 " »

November 3, 2011

My 100% Client Satisfaction Rate Continues!

Client Survey Satisfied Happy Free Gift Card.pngI 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.

November 2, 2011

Texas Supreme Court Justices Heavily Biased In Favor of Insurance Companies and Big Businesses

Texas Supreme Court (1).jpgThe 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" »

November 1, 2011

Uninsured Motorists - Big Problem For Us Texans

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.
Uninsured Motorist Coverage Policy Texas.jpg
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 " »

October 31, 2011

Farmers Insurance Rip Off of Its Own Insureds Exposed - But Is Mostly Ignored By Them

boycott_farmers_insurance1.jpgFarmers 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.

October 25, 2011

Grand Prairie Accident Claims Lives of Two Arlington Teenagers

A tragic car wreck in Grand Prairie claimed the life of two teenagers and injured two others this weekend. Oh my.

The accident took place at approximately 11:30 p.m. on Saturday night on Highway 360 near New York Avenue.

The four Mansfield Timberview High School students were riding in a Lexus driven by Kimberly Pimental, 17, of Grand Prairie. Police believe that Pimental lost control of her car as she attempted to pass a slower vehicle, crashed into the median, and collided into a tree.

map arlington crash car wreck killed.png

Pimentel was taken to Methodist Dallas Medical Center but died Monday night.

Carlos Marquez Jr., 15, of Arlington, was unfortunately pronounced dead at the scene.

Another passenger, Isaiah Rodriguez, 16, of Arlington, was ejected from the car and is currently being treated for critical injuries at John Peter Smith Hospital in Fort Worth. The third passenger, Flordeluna Flores, 15, of Grand Prairie, is believed to be in a stable condition.

Police do not believe alcohol played a role in the crash.

I mention this as a continuing warning to parents to closely monitor their inexperienced young adults, and to teenagers to drive more responsibly. As the father of a now 21 year old who worried profusely about her driving -- and bought her a used SUV so she would be able to see other vehicles better (and vice versa), my thoughts and prayers go out to the families of those who have died and I wish the best for the two young survivors.