Wrongful Death

April 30, 2019

DWI Deaths Devastate DFW Family

The latest DWI deaths in Texas hit home on Saturday night when a Frisco family driving on I-35 south of Austin was crashed into by a Dodge pickup. Two beautiful sisters, Hayden Weissman, who was 18, and Peyton Weissman, who was 16, tragically lost their lives. Their father, his girlfriend, and another sister were also injured.

Payton-Weissman-and-Hayden-Weissman

To make this horrific crash even more maddening, Macario M. Hernandez, 61, ran away from the scene. Fortunately he was apprehended and is in the Hays County jail with a bail set at $250,000. At least he’s not getting back on our highways any time soon. Still worse, if that is possible, Hernandez had been arrested for DWI a shocking three times in the past.

This is infuriating. How does this keep on happening? And how can we stop the never-ending pattern of this never-ending carnage on our highways?

March 29, 2019

Fort Worth Fatal Crash Toll Is Less Thanks to These Heroes

by William K. Berenson

MedStar-ambulance A chain reaction on Interstate 20 at the interchange with Interstate 35 tragically ended Wednesday night despite the valiant efforts of two paramedics. A Fort Worth fatal crash tragically took the life of a young woman and her unborn child. But this disaster could have been much worse.

Two MedStar paramedics, Miguel Brito and Ryan Bader, saw her car on fire as they were driving by in their ambulance. They were able to use their fire extinguishers to put out the flames, break the glass, and rescue two people trapped inside who had had lost consciousness. One man was even wedged under the dashboard. Gas was spewing out of a ruptured tank. A passing motorist jumped out and helped grab one of the men out of the car.

The two victims were rushed to John Peter Smith Hospital in critical condition. The EMTs also rescued a third person who suffered minor injuries.

March 14, 2019

Car Accident Deaths: Speed Kills

by William K. Berenson

“Car accidents” are not accidents. They are intentionally caused by careless and reckless driving, often speeding. A driver doesn’t accidentally speed or run a red light. Car CRASHES caused by a driver who chooses to exceed the speed limit needlessly claim the lives of countless victims each year. In the United States, car accident deaths took the lives of 37,133 people, with speeding responsible for almost 10,000 deaths in 2017.

Car accident deaths caused by speeding drivers happen here all the time

DFW and Texas are meccas for speeders. In just the latest shocking stories reported in the press in the last few days:

March 5, 2019

Top 5 Causes of Texas Traffic Deaths

by William K. Berenson

How can we stop the epidemic of Texas traffic deaths?

Car and truck accidents take the lives of thousands of Texans each year. Naturally, most of us don’t stop to think how devastating driving can be until it affects us personally. For example, in less than one hour early on Sunday morning, these three residents of our area tragically died on or near Interstate 20: a 16-year-old girl in South Dallas, an Arlington man, and a former running back from Mansfield who played for the University of Iowa. These Texas traffic deaths are heart-breaking. We at Berenson Injury Law send our sincerest condolences to the families of the deceased.

But on a brighter note, there was a little good news on our roads we can share. Our streets were a little safer in 2018. Texas traffic deaths declined by four percent from 3,720 people to only 3,567, according to a new report. Demolished-vehicle-death-texas

What caused this to happen? The only thing that was different is that our state legislature finally passed a law that banned some texting while driving.

But the number of Texas traffic deaths is still extremely high.

December 26, 2018

What You Should Do If You Are Injured by Hit and Run Driver

by William K. Berenson

Tragic Reminder: Dallas Hit and Run Driver Sentenced on Monday

On Christmas Eve, a 31-year-old man was found guilty of manslaughter and failing to stop and render aid after he crashed into Rachel Lynn Spelman last year on Cedar Springs Road. After hitting her at a speed of 53 in a 30 mph zone, the man kept driving — all the way to Oklahoma. There he repaired the car’s windshield and hid. At trial on Monday, the hit and run driver actually had the nerve to blame his victim for crossing the street in front of him. With his criminal activity, arrogant attitude, and prior history of driving while intoxicated and reckless driving, the judge sentenced him to the maximum 20 years for failing to stop and render aid and 10 years for manslaughter.

This story angers us and would be horrible to read any time, but especially during the holidays. This beautiful woman had just graduated from Texas A & M with a 4.0 average and was working for Hewlett Packard in Plano. And on a personal level, she was a member of the same sorority Mr. Berenson’s daughter, who also works in Plano, was in when she attended Southern Methodist University. We send our sincerest condolences to her family and hope that no other family has to go through this nightmare.

December 20, 2018

Latest Ruling in Distracted Driving Crashes: Cell Phones Not Liable

by William K. Berenson

Fifth Circuit Holds Distracted Driving Crashes Not Fault of Apple

Distracted Driving

The U.S. Fifth Circuit Court of Appeals on Tuesday upheld the dismissal of a lawsuit brought against Apple Inc. after a tragic 2013 Texas car crash. A driver had taken her eyes from the road to read a text message before crashing her truck into the vehicle in front of her. Two women lost their lives and a boy was paralyzed. This was a case of first impression in Texas. There have been few appellate rulings on the liability of smart phone and application makers in distracted driving crashes so this decision, although hardly a surprise, was awaited.

In Meador v. Apple, Inc., 17-40968, the court strongly rejected the negligence and strict product liability claims. The plaintiffs had alleged that Apple failed to install the software granted in its 2008 patent that would lock the iPhone while the vehicle was moving, that Apple failed to warn drivers, and that it failed to recognize the unconscious neurobiological response in a driver induced by the phone.

December 17, 2018

Distracted Driver Faces Prison For Doing This

by William K. Berenson

New Low For A Distracted Driver in Texas

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A Stephenville woman was arrested Friday after she caused the deaths of two young girls and serious injuries to their mother. Alyssa Litwin, 33, was driving her truck on U.S. Highway 281 southwest of Fort Worth at a speed of approximately 60 mph. But she was texting while driving and didn’t see the SUV in front of her at a complete stop waiting to make a left hand turn. A distracted driver usually doesn’t.

The high-speed crash pushed the SUV into oncoming traffic where it was struck by a truck.

As if her reckless driving were not bad enough, Litwin deleted her text messages. However a forensics exam of her cell phone showed her shocking act of tampering with evidence.

The mother had to be rushed by air ambulance to the ICU at Harris Hospital in Fort Worth. Fortunately, she is in stable condition and two other children in her vehicle were not hurt.

But this is such a heartbreaking story, especially at Christmas time. Please join our office in making a donation to the GoFundMe account that has been set up to assist the family.

December 10, 2018

Three Fatal Car Crashes in DFW in 24 Hours

by William K. Berenson

Funeral

We here in Dallas-Fort Worth have some of the most dangerous roads in the U.S.

This weekend, the news media reported three deadly crashes from Friday night through Saturday night which highlight the constant dangers from bad drivers:

1. East Fort Worth: Two children, six years and 11-months-old, tragically lost their lives Saturday night on East Loop 820 at Craig Street when a speeding pickup truck hydroplaned on the highway and hit their car.

2. South Dallas: A man driving while intoxicated failed to yield the right of way and crashed into another car on East Ledbetter Drive on Saturday at midnight, taking the life of his 23-year-old passenger. The driver was arrested for intoxication manslaughter.

3. East Dallas: A woman walking on Garland Road near East Northwest Highway was struck and killed by a driver who hit-and-ran on Friday night. The driver was found only because her license plate fell off at impact.

Fatal car and truck wrecks are constant here. In Dallas on Wednesday night, a speeding driver in a Porsche 911 sports car lost control, hit another car, and flew off the ramp. He and his passenger flipped and landed below on Central Expressway, killing both. Today, former Dallas Cowboy Josh Brent will testify in the case filed against the bar accused of over-serving him before he was in a crash that killed his teammate and best friend.

We at Berenson Injury Law send our sincerest condolences to the families.

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 5, 2018

What Is Causing Fatal Motorcycle Crash Surge?

by William K. Berenson

Fort Worth Fatal Motorcycle Crash Controversial

A 30-year-old man was riding his bike when he hit another vehicle at an intersection last week. Tragically, Da’Ron Miller was the victim of another fatal motorcycle crash here. We have far too many of these deadly crashes. Sadly, 501 people drivers and passengers lost their lives last year according to statistics from the Texas Department of Transportation. The police found that Mr. Miller was to blame. But according to this article in the Star Telegram, there is a heated dispute about whether another driver was at fault.

According to witnesses, Mr. Miller had just left a charity car wash by himself when a woman cut in front of him. The police officers did not interview these people.

Based on the woman’s account, the police said that Mr. Miller was speeding in a group of cyclists and that the crash was 100% his fault.

The investigating officers obviously did not witness the collision (although they were down the street investigating another motorcycle crash). And people sometimes have preconceived ideas about who is at liable, especially when a young man is riding a motorcycle.

The police are now saying that they want to talk to these eyewitnesses. A lawsuit for the wrongful death of Mr. Miller will presumably have to be filed to find out what really happened.

There was a similar motorcycle crash yesterday in Arlington. A 23-year-old man riding his motorcycle on New York Avenue died after a woman in a SUV suddenly cut in front of him.

And on Thursday there was another death arising out of a car accident in Fort Worth that was either caused by road rage or a suicide.

Sometimes it is clear who caused a motorcycle, car, or truck collision, but other times it is not. Crashes happen in the blink of an eye. Legal questions about fault, damages, and payment of damages are common. Continue reading