I-35 Tractor Trailer Collision Successfully Resolved

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:

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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.

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