Articles Posted in DWI

maxresdefaultDWI collisions in North Texas have skyrocketed.

A two vehicle collision in south Dallas the other night resulted in one death and two DWI arrests. That’s right, not one but both drivers were drunk. My first reaction was are you kidding me?

But considering the out-of-control drunk driving statistics, it is not hard to believe that two intoxicated drivers would crash into each other.

The first drunk driver was speeding through an intersection in the Red Bird area when he slammed into a Buick making a left turn. The other intoxicated driver suffered minor injuries — of course — but his passenger tragically died. The speeding driver was charged with intoxicated manslaughter and three counts of intoxication assault, while the driver making the turn was charged with a simple DWI.

This sad story highlights how alcohol impairs judgment, reaction time and vision that affect the driver’s ability to effectively respond to a sudden situation, especially at night.

Too many families have experienced too high medical bills, painful injuries, lost wages, totalled vehicles and other damages because too many people drink too much and drive.

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I will be attending Mother Against Drunk Driving’s first annual seminar for personal injury attorneys this afternoon. This is designed to teach how we can more effectively represent injured people in drunk and drugged collision cases. It is being held at the national MADD headquarters in Las Colinas.

Some of the topics being discussed include

  • Investigating crash scenes and obtaining evidence
  • Working with law enforcement, prosecutors, and Texas Alcoholic Beverage Commission
  • Evaluating and prosecuting a dram shop case (where a bar or restaurant over serves a customer)
  • Suing other responsible companies
  • Resolving evidentiary problems
  • Counseling victims and their families
  • Utilizing available resources

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In January a brother and sister were driving on the north side of Fort Worth when a young man ran a stop light and crashed into their car shown here. They went to the emergency room the next day and were diagnosed with strains and sprains of their necks and backs. They were then treated by a chiropractor.

My firm just resolved their claims for the full amounts of the drunk driver’s insurance policy of $60,000.00. I was going to file a lawsuit if the company continued to balk. We then slashed my clients’ medical bills, legal fees, and expenses and today they received $35,600.00.

Now we are proceeding to obtain additional funds from their underinsured motorists policy. I only wish that we could have proved a dram shop case against a bar or restaurant if we could have proved they had over served the drunk.

This is hardly the largest case we have handled in the past month but is discussed to show what a personal injury lawyer does on a daily basis — to get the maximum compensation for injured people.

The clients were pleased with our services. The young woman graciously wrote this five star review:

Mr.Berenson worked on my case and both me and my brother were pleased with the outcome. Thank you again Mr.Berenson for the outstanding job and we will definitely tell others about you.

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320x480The National Highway Traffic Safety Administration (NHTSA) has launched its Drive Sober or Get Pulled Over campaign just in time for Labor Day.

The phrase sounds catchy, but what does it really mean?

The campaign, which runs from August 18 to September 4, focuses on law enforcement to end drunk driving accidents.

Labor Day weekend is notorious for excessive alcohol consumption. The increased threat of a DWI will dissuade at least some drinkers from driving.

Dallas and Fort Worth police departments will be on high alert. They may even set up roadblocks to randomly check drivers for intoxication. Even a very careful drunk driver — which is an oxymoron — risks a DWI.

And that tactic of not blowing? A no-refusal policy means judges are available to issue warrants to test suspected drunk drivers for blood alcohol content.

I wish these policies were employed every day in Dallas-Fort Worth. Intoxicated people might think twice with a greater chance of being arrested. Those who drove anyway could be stopped before they injured others. Continue reading

dd2015aPolice officers put their lives on the line every day. But usually driving is not the dangerous part of the job. However it seems nobody is safe from intoxicated drivers.

Early Sunday morning in Dallas, a 24 year-old man was so impaired by drugs that he crashed into a squad car — the last vehicle you would want to hit. Two police officers were injured and both received stitches for head wounds. The drugged driver was arrested and taken to jail.

A collision with a police officer is not a typical scenario, thank goodness, but drug driving accidents are extremely common these days. And with more people using both prescription and illegal drugs, this problem is just going to keep getting worse. Look at how wasted Tiger Woods was.

A study by the 2014 National Survey on Drug Use and Health (NSDUH) found that 10 million people had driven on illicit drugs in the previous year. Think about that for a moment. These are just drivers who took illegal drugs before getting behind the wheel. Add to that staggering number all the people taking legal prescription drugs and drinking legal alcohol which can be even worse when you are driving a car or truck.

Of all fatal crashes involving drugs in 2010, 10 percent tested positive for cocaine, 37 percent for marijuana, and 47 percent for prescription medications.

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On Friday night a man was driving while intoxicated as he sped down Interstate 30 in Grand Prairie at speeds of over 100 MPH. The drunk driver lost control of his Honda Civic and crashed into a light pole. The impact killed his 29-year-old girlfriend and his two children, who were only four and three years old. Adding to the horror, the driver had recently been convicted of DWI and been arrested on other charges and his children were not restrained in their required child seats.

Then on Saturday night a driver lost control of the vehicle on the I-20 ramp to Loop 820 in Southeast Fort Worth. During the roll-over accident another 4 year-old girl died after being ejected. It is not clear how fast the driver was going or how the child was thrown out of the car. But you can guess that alcohol was probably involved here too.

My condolences go out to the families of these young victims.

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dreamstime_xs_567292Good news: for years teenage traffic fatalities declined in Texas. From 2005 to 2014, the number of teen deaths dropped by 51 percent. Texas’s graduated licensing program, education, and safer cars seemed to be making a positive impact.

Bad news: in 2015 things took a turn for the worse when teen deaths unfortunately spiked by 9 percent. And based on what I’ve seen in my practice as an injury lawyer, I’m not optimistic about the release of the  2016 statistics.

How can we stop this from happening? And what can you do if you crashed into by a teenage driver?

Teens: drunk driving and speeding are nothing to brag about

Last week’s horrific YouTube video of an 18 year-old driving drunk and killing her younger sister and a Snapchat video which recorded a woman partying in the days before she was killed in a drunk driving crash have gone viral.

These videos ended tragically, but others in which drunk and speeding teen drivers miraculously survive continue to pop up on social media and actually be liked by peers and followers. The teens enjoy a few moments of minor fame for their risky escapade, which may be encouraging others to follow suit.

Continue reading causes a variety of symptoms that make driving extraordinarily dangerous. Thanks to driver’s education and wonderful organizations like MADD, all drivers know this — or should. But one of the biggest dangers is a drunk driver’s inability to quickly react to problems on the road.

That’s what happened last week after 20 year-old Mikayla Prince lost control of her Mitsubishi on I-635 and hit a guardrail. She and her friend got out of the car and stood on the side of the highway. A good Samaritan, James Fofanah, stopped to help. Moments later, 23-year-old Ashlynn Hurley plowed into the accident scene and tragically killed Ms. Prince and Mr. Fofanah. Hurley’s Toyota caught on fire but she escaped with minor injuries. Hurley was arrested for DWI.

Had Hurley not been intoxicated, she would have the mental faculties to see the car crash sooner.

This is why we must support Mothers Against Drunk Drivers so these horrendous crashes stop. According to MADD, each day 27 people are killed in a drunk driving crash and hundreds suffer injuries, with one-third of the drunks being repeat offenders. And Texans spend over $6 billion every year due to drunk driving collisions.

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How To File A Wrongful Death Claim In Auto Crash In Texas

In less than eight hours Thursday night – Friday morning, DFW highways were shut down due to these tragic car wrecks:


10:30 p.m. in Grand Prairie – car driven by a young man cut off 63-year-old woman on Carrier Parkway and causes her SUV to tumble down a hill;

3:30 a.m. in Garland  – young woman crashed into a barrier wall on Interstate 635; second car driven by a young woman driving while intoxicated killed the first driver and a Good Samaritan; and

6:00 a.m. in Fort Worth – speeding car flipped over on Highway 287

Of course, no one thinks that a fatal car accident will ever affect them. But it happens more than you might think. Almost 3,800 people were killed in traffic accidents in Texas last year — almost an all-time record — with about 1,000 of those caused by a person driving while intoxicated. Our highways are far too dangerous.

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Leal-USE-300x148My client receives maximum amount from intoxicated driver and other insurance policies

Here’s an incredible story with a happy ending.

A 22-year-year old woman was driving in Burleson at 6:00 a.m. in January when she took a curve too fast, drove through a ditch, and flipped her car over in a driveway. The driver and my client — who was asleep in the back — had been drinking.

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