Pedestrian Accidents

November 8, 2019

Pedestrian Deaths in Texas Alarming

I thought to write about this topic as I attended our monthly meeting yesterday morning of the National Safety Council’s Road Safety Task Force. We help implement state and local government actions which attempt to curb pedestrian and vehicle deaths in the Fort Worth area. Then I attended the education seminar at the annual convention of the Texas Trial Lawyers Association (day two is today). It was agreed by government planners and accident lawyers alike that pedestrian deaths in Texas are at epidemic levels.

August 26, 2019

Avoiding Car Accidents With Children

by William K. Berenson

school-crossing-guard

It was exciting that school began last week but every year, a lot of people forget how much potential danger lurks. That’s because roads are more congested in school areas and people won’t put down their cell phones, even as kids are darting across the street. School buses pick up and unload over one million kids in Texas. So the need to be hyper-vigilent as we drop children off or make our morning and afternoon drives has greatly increased. Here are some helpful tips that will help stop these preventable car accidents with children.

March 1, 2019

A Pedestrian Hit by a Car in Texas Will Need To Know This

by William K. Berenson

43692681_s

March may be rushing in like a lion today, but soon it will be spring and more people will be outside walking. Maybe you and your spouse or friend will head down the street getting some exercise. Or maybe you’ll just be walking into the grocery store. Unfortunately, far too many people are being crashed into and seriously hurt. This post explains who is responsible if this should unfortunately happen to you or a family member, who pays for damages, and how a pedestrian hit by a car in Texas can win his case.

These are often very serious injury or even deadly cases. And they happen a lot. Last year this number rose by another four percent to the highest in the past 28 years. That’s shocking. This week, a driver hit a man standing on the side of the road in East Fort Worth, killing him, then fled and a drunk driver in the Houston area ran over a pedestrian in a crosswalk.

August 17, 2018

Why Pedestrian Deaths Have Soared

by William K. Berenson

There are far too many people getting hit crossing the street in Texas.

It has become dangerous to be outside of a vehicle. Pedestrian collisions are more common — and deadlier — all the time.

550 Texans tragically died and thousands were injured last year. And almost 6,000 pedestrians died in the United States in 2016, the highest number in 20 years.

The failure to yield right-of-way to walkers can be catastrophic. You can ironically end your life trying to stay healthy.

What causes these crashes?

There are many reasons but in the last few years we see more caused by distracted driving and SUV’s/pickups.

1. Cell phones: trips to emergency rooms blamed on distracted driving have jumped a whopping 83 percent to almost 18,000 since the iPhone was introduced in 2007. It seems like everyone is driving while talking on the phone or texting.

Government statistics show that about about 2/3 million drivers are using their cellular devices while driving at any given moment. The head of the National Traffic Safety Administration called this a deadly epidemic. I’m sure this number is a lot higher because people don’t want to admit that they they do this.

Distracted driving is an accident just waiting to happen to someone crossing the street or walking through a parking lot.

May 7, 2018

Government Vehicle Crashes

by William K. Berenson

New Fort Worth Case: Supreme Court Caps Recovery for Death Caused By City Bus.

I filed a lawsuit last week against a school district whose loaded school bus driver crashed into my client’s vehicle.

The Texas Supreme Court just revisited the maximum damages that an injured person or the family of the deceased can receive in these cases.

The Texas Tort Claims Act places a $100,000 cap on the maximum damages if a local governmental vehicle (like a city or school bus) is involved.

The Supreme Court refused to raise that limit, even though different facts and statutes could have changed the results.

What happened in this case?

A Fort Worth woman was crossing the street downtown in 2010 when she was fatally struck by a Fort Worth Transportation Authority bus.

It was driven by a woman who worked for two independent contractors, not the local government agency.

March 20, 2018

Self-Driving Cars Should Be Parked for Now

by William K. Berenson

A self-driving Uber struck and killed a pedestrian on Monday. It unfortunately won’t be the last time this happens.

The 49 year-old woman was walking her bike across the road in Tempe, Arizona when the SUV ran over her. A “driver” was behind the wheel of the SUV but the vehicle was set to the autonomous mode. The person sitting in the driver’s seat was supposed to safeguard against this type of collision but it clearly didn’t work.

This horrific accident highlights an important question: is this new technology ready to hit public streets?

I am a big fan of vehicle automation because it takes human error out of the equation. Self-driving cars may one day finally put an end to drunk, distracted, speeding, and tailgating car accidents. But those advantages are too far down the road at this point.

As I discussed in a previous post, these cars should not be raced onto our roadways without thorough testing and strict safety regulations. We aren’t there yet. Continue reading

December 14, 2017

Successfully Resolving Bicycle Crashes In Dallas-Fort Worth

by William K. Berenson

Our client was seriously injured riding his bicycle in Fort Worth several weeks ago. The police officer was not able to get his side of the story as he lost consciousness and did not awake until he was in the ER where he spent the next four days so the police report blames him.

To combat this error, I had a staff member immediately take our client to the pound so we could secure his bike. I took it to my bike shop and the head mechanic confirmed that my client had been rear ended, not hit as he cut across a busy road as the other driver told the police. I got a written report that the only part of the bike that was damaged was the rear wheel which I emailed to the insurance adjuster with color photos and what the police report should have stated. Today my client gave the driver’s insurance company a statement with my assistance. I am going to file suit if the company does not accept liability by Monday and pay its driver’s entire insurance policy limit.

On a similar note, we were hired today to represent a man who was crossing the street earlier this week when he was run over.

These two cases are reminders of how dangerous North Texas roads are for bicyclists, pedestrians, and motorcyclists. Last year, 65 people cyclists, 496 motorcyclists, and 678 pedestrians tragically died in collisions with vehicles, up a huge 21% from the previous year. I know this all too well, having represented thousands of injured people including those riding bikes.

I’ve spent more time on my bicycle this year, riding 75 miles on Sunday, and ran on streets for years when I was training to run many marathons. I ride and used to run on the Trinity Trail and off road as much as possible and encourage others to do so. Here’s a great link to Dallas-Fort Worth trails and roads that cyclists and pedestrians can more safely ride and walk on.

November 9, 2017

What To Do When Driver Commits A Hit And Run?

by William K. Berenson

A driver crashed into a motorcyclist in Bedford several weeks ago, then the driver sped away in broad daylight. Another hit-and-run driver almost got away with it. Fortunately police received tips based on this security video of the horrific accident and arrested a 22 year-old man.

Hit And Run

Unfortunately this happens all too often here in Dallas Fort Worth. But you shouldn’t be left holding the bag.

I recently settled two of these cases. A mother and her child were struck by an SUV as they crossed the street and were seriously injured but the driver fled. I was able to obtain all available insurance policies for them. In another, a man was hit walking into a San Antonio restaurant when another young woman hit him with her SUV and took off. Witnesses tracked her down and I made her insurance company pay him a large amount of money.

I’m about to file suit against an Uber driver’s insurance company after he was crashed into in Fort Worth and that driver fled.

Here are some tips on how you can recover your damages.

October 27, 2017

Two Cases For Girls Hit Crossing Street Successfully Resolved This Week

by William K. Berenson

Third Involving Girl Is On Tuesday. Why So Many?

This week I was in court finalizing two cases where small children were hit by big vehicles. And I will be in court on Tuesday where the young front seat passenger was seriously injured when her driver started ingesting drugs and crashed into the concrete median.

What in the world is going out there?

Fortunately all three young ladies have recovered from their injuries. I don’t know why we have so many pedestrian injuries. But a lot of good questions were asked by the parents about the legal process so I wanted to discuss how the personal injury case of a child differs from an adult’s.

For an example, today’s hearing involved a two year old who was walking next to her mother holding her hand in a crosswalk next to I-20 last year. They had the “walk” sign. Suddenly a young woman ran into them with her SUV. Then after apologizing, the woman fled the scene and could not be found.

I went to the scene and located several eyewitnesses. I then tracked down the driver and made her admit fault. I worked with the mother to get her daughter the medical, dental, and psychological help she needed, paying for some of this treatment up front so the mother didn’t have to. She was also badly injured and I assisted her in every way possible with her case.

I later negotiated with several adjusters and attorneys and collected the entire insurance limits from three different policies for both the mother and her daughter. To put more money into the four year old’s recovery, I reduced my attorney’s fee, waived expenses, slashed medical bills, and shopped for the best annuity plan which will allow the girl to attend college. The mother was thrilled — her very kind review is here.

Wednesday’s case successfully resolved the case where a seven year old girl was crashed into by a truck driver who refused to stop for her school bus on the side of the road with its red lights flashing. She broke her leg and required surgery. I again maxed out the driver’s large liability insurance policy, reduced my client’s medical bills, cut my fees, didn’t charge expenses, and set up a favorable annuity for her college tuition. I also made the driver’s insurance company pay a large sum for the emotional distress of the girl’s brother who was standing next to her and could have also been hit. My client was also very happy with the outcome.

August 16, 2017

What Are Rights Of Pedestrians And Hit-And-Run Victims In Texas?

by William K. Berenson

Latest Fort Worth crash a shocking reminder of danger.

On Sunday morning several young women who had been celebrating a birthday in the Fort Worth Stockyards were walking back to their car near this iconic scene. But a truck speeding on North Main at 25th Street ran into Amber Underwood and Brooklyn Wammack and almost hit another woman.

The high-speed collision sent the two friends flying into the air, knocked them unconscious, and seriously injured them. The driver fled the scene — of course.

The Fort Worth Police Department has just asked the public to contact them to identity the hit-and-run driver of a 1998-2000 Ford 150 crew cab truck that is black on the top and bottom and tan through the center and has a missing headlight and a paper license tag in the back. There can’t be many trucks like that here. Call 817-392-4891 if you have any information.

Amber Underwood photograph courtesy of WFAA

I hope this criminal is found, sentenced to a lengthy jail term in a criminal court, and a judgment is taken against him or her in a civil court to pay the victims’ damages.

My wishes for a speedy recovery go out to the two young women.

It is ridiculously dangerous to cross a street in America or even be outside of a vehicle. A recent poll showed that Texas was the third worst in the U.S. for pedestrian deaths. Over 5,000 people are killed after being hit by a car or truck each year with 550 Texans among them.

What can you do if you have been crashed into while you were a pedestrian or the other driver speeds away from a collision? Continue reading