Articles Posted in Pedestrian Accidents

How To Avoid Injury As You Exercise Outside

 OK, so I’m one of those crazy guys you see running around as I try to stay in shape and I was just asked what my biggest worry was — injuries? weather? dogs? No, it’s drivers. I’m careful and have fortunately never been struck by a car or truck. But many fellow runners, others on foot, and cyclists have not been so lucky.

I’m representing a man who was seriously injured when he was walking in a highly visible crosswalk in the Fort Worth Stockyards during the day and I did some research. The National Highway Traffic Safety Association (N.H.T.S.A.) reports that 4,743 pedestrians were killed and about 76,000 were injured in traffic-related accidents in 2011. This equals one pedestrian death every two hours and one pedestrian injury every seven minutes because of crashes. N.H.T.S.A. counts runners, joggers, walkers and others who are standing or sitting as pedestrians.

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Worldwide Questions Have Local Impact

Ever used Uber and wondered if the driver was covered by liability insurance? I did yesterday in Dallas (as I needed a ride to and from the Dallas Marathon which I was running) and the drivers admitted that they were not covered. Luckily, we were not involved in any collisions.

Finally Uber and other pseudo-cab companies are catching flak from governments across the globe. Just this week, Spain, Thailand, the Netherlands and the Delhi region of India suspended its services. Earlier in the year, the cities of Brussels, Rio de Janeiro and Seoul banned the company from operating and Germany issued a countrywide moratorium. U.S. municipalities and state governments are also taking action, with ride sharing regulatory bills introduced and squashed in Washington, Oklahoma, Maryland, Georgia and Florida, and passed in Nebraska, New Mexico, Nevada, Colorado, Missouri and Tennessee, among other states. Ordinances have also been considered in various cities throughout the United States, including in Texas in Austin, Dallas, Houston and San Antonio.

Some lawmakers cite concerns about unfair competition by the unregulated transportation networking companies (TNCs) — such as Uber, Lyft and Sidecar — within the otherwise highly-regulated taxi industry. More importantly, numerous incidents have highlighted security lapses and insurance coverage gaps within the unregulated TNC model.

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From One Second to the Next tells four heartbreaking stories about the devastation caused in the few seconds when a driver looks down at her or his phone and texts while driving. This must-see documentary adds human faces and voices to the tragic consequences.

Texting while driving is incredibly dangerous. Statistics show that 3,328 people were killed and 421,000 people were injured in 2012 in collisions involving distracted drivers. Texting takes five seconds on average, which if you are driving at 55 mph is tantamount to travelling the length of a football field while wearing a blindfold.  From One Second to the Next shows the human costs of those five seconds.

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Isn’t life already dangerous enough? Or is that boring? Now our teens are playing a game where they have to dart across dark streets late at night to have fun?

About midnight Friday night, a 15-year-old young woman had to be rushed to the ICU at John Peter Smith Hospital after she was hit by a car in the 8000 block of Boat Club Road in north Fort Worth. Ashlee Aguilera, a student at nearby Boswell High School, was playing this popular driving/running game with friends. She suddenly ran across this busy four lane road and was accidentally hit by a 26 year old man. Thankfully, she is expected to fully recover.

OK, I hadn’t heard of this game before. I grew up watching this TV show in the 60’s and love the movie starring Harrison Ford. But today, groups of “cops” form on social media and drive around at night trying to tag other groups of “fugitives.”

A hospital injury-prevention outreach coordinator in Fort Worth that she had seen other injuries caused here while kids played the game and that it is “extremely dangerous.” In Arizona last year, a young man died after he fell out of a speeding truck. The father in me, not to mention the personal injury attorney, thinks that this activity should be outlawed immediately.
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How could this happen? A precious seven-month-old toddler was killed in his stroller after a red Toyota pickup truck ran into him and his father as they waited at South Cooper and California Lane in Arlington around 9:00 a.m.. The baby boy, David Bingenheimer, tragically died at the scene.

This horrible story took place on Thursday morning when the boy’s father, 28-year-old Daniel Bingenheimer, had just left a convenience store and was standing on a sidewalk waiting to cross the street. A red pickup truck, traveling south on Cooper, crashed into a white Chrysler sedan in the process of making a left turn onto California Lane. The collision propelled the truck in the direction of Daniel and David Bingenheimer. Both were struck.

Witnesses to the event heard a loud bang and rushed outside to see what had happened. They saw the crumpled stroller in the middle of the street and Daniel “crying and going crazy” as he held his son in the median. One of the witnesses went to find his office manager, who knows CPR.
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The suspect in a Saturday morning hit-and-run accident was arrested late yesterday while attempting to leave the country.

Omar Mohammed, 25, was boarding a flight to Jordan when he was arrested by the Arlington Police Department at the Dallas/Fort Worth International Airport.

Terry Pinkston, 73, was hit early Saturday while walking in the 2400 block of Ascension Boulevard in North Arlington.

Due to his serious injuries, Mr. Pinkston spent five days at John Peter Smith Hospital before being discharged Wednesday.
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The Dallas Morning News reported on the new suit I filed and mentioned here.


The family of a comatose teen who was injured in a chaotic Burleson wreck that left four dead is suing the 16-year-old driver, his parents and a Cleburne company.

Berenson Injury Law filed suit on Friday to recover damages for a severely injured young man still in Cook Children’s Medical Center almost three months after a horrific crash on June 15th. Four people were killed and others were injured.

The Fort-Worth Star-Telegram reported on this tragic case and lawsuit on Sunday:

Family of injured Fort Worth teen sues over crash that killed four.pdf

Today most of our children are starting or returning to classes and the Berenson Law Offices wants to encourage students, parents, teachers and the community to be prepared so that our students get to school and return back home safely.

I am proud to be the school sponsor of the Rufino Mendoza Elementary School for the ninth year and will be at the school this week to wish the students and teachers good luck with their coming year.

In an effort to prevent injuries or fatalities to students heading back to school, we offer the following safety tips and encourage you to share them with your children, family and friends.

Parents should talk to their children and rehearse potential problems that could arise as they walk or bike to school, get off the school bus, and cross the street. Here are some tips:
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I wanted to congratulate my friend and fellow board member of the Tarrant County Trial Lawyers Association, Wade Barrow, for his excellent letter to the editor of the Fort Worth Star-Telegram in today’s paper. Here it is:

Texas Attorney General — and gubernatorial candidate — Greg Abbott sat down with the Texas Tribune last week for a candid conversation about his personal injury settlement stemming from the tragic 1984 accident that left him a paraplegic.
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