Truck Accidents

May 9, 2019

Shoulder Injury Lawsuit Successfully Resolved

shoulder My client was driving his car on Interstate 35 in Fort Worth when traffic suddenly came to a stop and an 18-wheeler next to him was not able to stop in time. The truck crashed into a motorcyclist and tragically killed her. It then sideswiped our client’s car and rammed into four other vehicles, seriously injuring several drivers. The damage to our client’s car was relatively minor and he drove home.

We conducted an immediate investigation and obtained all necessary evidence. Our client had torn a ligament in his left shoulder and he had to undergo two arthroscopic procedures to repair it. Our client did not have health insurance and we arranged the medical treatment he needed and assisted him financially. We filed a lawsuit and settled his case at a mediation.

The biggest problem with the case was that the trucking company was severely under-insured, as many are. Personal injury lawyers often learn later that there is only the minimum required amount of $750,000 to cover everyone who is injured or who loses his or her life. This amount has not increased in the almost 40 years since it was first instituted. Clearly, that is not fair to the people and the families of victims who are hurt in these multiple vehicle collisions. The truck company’s insurance company chose to quickly pay the wrongful death claim so there were insufficient proceeds for the other claimants. This is another reason it is important for injured victims to act quickly to preserve their rights. Continue reading

November 29, 2018

Broken Bones After a Car Accident: What To Do

by William K. Berenson

Why Do Drivers Suffer Broken Bones After a Car Accident?

Getting injured in a car accident can alter your life, especially if you unfortunately broke a bone. The amount of money you receive in a settlement or jury verdict can be substantial but this will depend on the type of fracture, severity, treatment, bills, and other factors. This can be a complicated subject that requires the services of a personal injury attorney.

Broken Bones After Car Accident

When another vehicle crashes into yours — especially one like a tractor-trailer that can weigh up to 80,000 pounds or a heavy pickup truck or SUV –the inertia causes a violent force within your vehicle that can throw you against the door frame or steering wheel. If you are traveling 65 miles an hour on an interstate and another vehicle hits you at this or a faster speed, your body will continue moving quickly forward and sideways, even if restrained by a seat belt and shoulder harness. Further, your arms, hands, legs, or feet can get twisted and trapped. This sudden jerking motion can cause fractures.

November 16, 2018

Tips For Dealing With Hit and Run Crash

by William K. Berenson

IMG_0956-1 The only thing worse than being in a car wreck is seeing the other driver take off. But this happens often — over 700,000 times each year in our country. In your shock, pain, and anger, you will not know what to do. This post will help you be ready if, God forbid, this happens to you – like it did to our clients injured in this photograph.

The latest hit and run in North Texas happened Wednesday night in Cleburne where a Dodge pickup truck was driving on the wrong side of the highway and hit a 26-year-old man head-on, tragically killing him. Then the truck driver ran away. Liquor bottles were found inside the truck. Police found him walking down the road the next morning and arrested him for failing to stop and render aid, driving a stolen vehicle, and driving with a suspended license. The criminal, who had a very long record including DWIs, never had the decency to call 911 which might have saved the man’s life.

I hate to read stories like this. Criminals who kill or injure innocent people should be punished and made to repay the damage they cause. This mayhem has got to stop.

Hit and Run Crash Laws

Texas like all states regulates and punishes hit and run drivers. Texas Transportation Code Section 550.021 requires drivers involved with a collision that causes injury or death to

Stop their vehicle as close to the collision site as possible without blocking traffic;
Remain at the scene;
Exchange certain information; and
Wait for the police to arrive.

November 14, 2018

18 Wheeler Crash? Here’s What To Do Next

by William K. Berenson

Steps You Should Take If You Are Hurt in an 18 Wheeler Crash

You may be looking for advice on how to proceed after a tractor-trailer hit you because you tried to deal with the company and got a low offer of settlement. Insurance companies know that many people will accept far less money than the fair settlement value or expected jury verdict amount. Maybe they’ve never made you an offer. But if you were injured in an 18 wheeler crash, your damages can be substantial. How do you know whether you should hire a personal injury lawyer and file a lawsuit or settle out of court?

We at Berenson Injury Law know what to do. We’ve filed many vehicle collision lawsuits over the last 38 years. We filed another yesterday on behalf of a Fort Worth man who has had to go through two surgeries after a tractor-trailer crashed into his car and other vehicles, tragically killing a woman. Here’s a photo from the scene on Interstate 35.

You might not think this could ever happen to you and we certainly hope it doesn’t. But there are a shocking 34,000 collisions involving commercial vehicles that took the lives of 601 people and injured over 17,000 people in the United States. That’s the number of people who watch a sold out concert or game at the American Airlines Center, to put the destruction in perspective.

Commercial truck collisions are often difficult legal battles because they cause serious injuries. You need to hire a good personal injury attorney who can build a strong case and win your case in court or mediation.

October 31, 2018

Fort Worth Truck Accident Victim Receives $350,000

by William K. Berenson

Berenson Injury Law Succeeds in Tough Fort Worth Truck Accident Lawsuit

Joe was driving his 18-wheeler in Fort Worth when another 18-wheeler hit his trailer as he changed lanes. The driver was in pain and asked to be taken to a hospital by ambulance. Joe hired our personal injury law firm when he rightfully suspected he would be tricked (not treated) by the other driver’s insurance company.

Mr. Berenson and his staff got the evidence they needed and helped Joe try to heal. He ended up having surgery.

October 15, 2018

10 Tips to Avoid Bad Weather Crashes

by William K. Berenson

When Bad Weather Crashes Happen To Good Drivers

A massive downpour has brought another three inches of rain to North Texas, this on top of soil that is saturated from last week’s deluge. Treacherous driving conditions increase the chances of people getting into bad weather crashes. And determining which driver’s insurance company must pay for the associated costs can become a complicated legal question. But hundreds of drivers have unfortunately been in wrecks here just in the past week and may be unexpectedly facing this problem.

In Fort Worth yesterday there were at least 80 crashes. Two people tragically died in the Dallas-Fort Worth area. In South Dallas, a man’s car got stuck in the mud of the median and he was struck when he attempted to cross the highway and just west of Fort Worth, an 18-wheeler jack-knifed and a van crashed into it. Our law firm is handling a crash case at almost that same location when an automobile driver and 18-wheeler were driving too fast on a rain-slick Interstate 20 and caused a six-vehicle pile-up last year at about this same time last year.

October 5, 2018

Head and Brain Injuries After a Car Accident

by William K. Berenson

It is common for people to have head and brain injuries after a car accident. Although these injuries vary in severity, when it comes to your brain, they are never minor and should not be ignored. The brain is your body’s control center. You need it to move, to think, and to breathe. And a traumatic brain injury can be severely debilitating and lead to a coma, lifetime paralysis, or even death.

More than half of all traumatic brain injuries (TBIs) are caused by vehicle accidents. They can occur in one of two ways. Some injuries occur from blunt force trauma, when the person’s head strikes something, usually the steering wheel or door. When people don’t buckle up, they are at a greater risk of striking their head during an accident.

The second way that people get TBIs from car accidents is from the force of the impact. If the impact is strong enough, it can cause the brain to move around inside the skull. When the brain hits against the bones of the skull, it can cause bruising and bleeding that often isn’t visible at the time. The jolt can cause the brain to pull loose from connective tissue that holds it inside the skull. This results in an injury to that area as well.

September 27, 2018

Steps to Negotiating a Personal Injury Settlement

by William K. Berenson

People often confuse filing a personal injury claim with going to court. Most of the time, a personal injury settlement can be reached without ever filing a lawsuit. An agreement occurs when the two parties negotiate to reach a settlement amount that is reasonable. Sometimes the injured person attempts to handle the negotiation on his or her own. But they rarely get the best outcome when they handle the negotiations themselves. Insurance companies are known to use every trick in the book to take advantage of them.

Negotiating is a fine art that requires skill and experience. When it is used to settle something as important as a personal injury claim, it is best left to a trained professional. The process follows a fairly structured process that needs to be understand in-depth. There are many ways to do the case substantial harm. A personal injury victim only has one chance to get a fair settlement. He cannot afford to gamble on his own capabilities.

Before you talk to anyone about your personal injury settlement, you should talk with an experienced personal injury attorney who knows your rights. The first meeting is free and will be invaluable.

September 14, 2018

What To Do After A Commercial Truck Accident

by William K. Berenson

It was a typical Thursday two weeks ago when a horrific crash on I-40 in New Mexico reminded drivers across the country the very real dangers from commercial truck accidents. In a disaster scene straight out of Hollywood, a tractor-trailer swerved over the median and crashed into a Greyhound bus head-on.

Eight people tragically died and more than two dozen, including three children, were rushed to area hospitals with serious injuries.

How could such a disaster happen? News reports reveal that the truck lost the tread on a tire. The truck driver’s and his California company’s inspection and maintenance of the truck are being scrutinized. The front tires have been sent to the National Transportation Safety Board in Washington, D.C. to be examined. Two lawsuits have been filed on behalf of the victims and their families to learn more about what caused this avoidable crash — and hopefully prevent future ones.

August 15, 2018

How To Win Mediations

by William K. Berenson

I successfully represented my client at a mediation where I resolved a complicated lawsuit several days ago. I have fought for people injured in collisions at numerous mediations over the past 38 years and wanted to share some thoughts about how to make them work.

The tractor-trailer pictured here crashed into seven stopped vehicles at 60 miles per hour. Three caught on fire. The tractor ended up on top of the bridge’s guardrail. The collision shut down I-35 in Fort Worth for the rest of the day.

Seven people were hurt, one critically. My client seriously injured his low back. It was a miracle no one died.

There was a minimum commercial insurance policy of $750,000 available to settle the claims, and only through an endorsement that adds unlisted vehicles like the 18-wheeler here to the existing liability policy.

I was able to recover a favorable amount of money for my client (the exact figure is confidential) and substantially reduce his medical bills. I am now working to obtain more money for him from his underinsured motorists (UIM) and another insurance policy.

Update on 10-8-18: I was able to recover additional money from the UIM policy.

The team at Berenson Injury Law specializes in these car, truck and tractor-trailer crash cases, but this post applies to all mediations.