Fort Worth Injury Attorney Blog

The 2021 Texas Legislature enacted 666 new laws, most taking effect today. Overshadowed by the controversial ones affecting voting, guns, and abortion is one that drastically affects the rights of people injured in a commercial truck crash.

Truck crash cases will be harder to win in court

House Bill 19 will make Texas highways more dangerous by relaxing the legal requirements that hold negligent drivers and their employers liable for the damage they cause.

Swoop and settle

Our office gets calls from injured drivers like this several times a year. A man contacted us several weeks ago. It is almost impossible to rescind the release. We did this once when we proved our client could not fully understand English.

Warning: even an oral agreement can be enforced

The Dallas Court of Appeals held that a verbal offer to pay the injured driver $500 and some medical bills was a binding contract - even though the driver immediately changed his mind, hired a personal injury attorney, and returned the check. In the case of Gilbert v. Fitz, the GEICO adjuster representing Fitz admitted that Mr. Gilbert's medical bills would be $8,000 to treat his broken ribs and wrist and his other injuries. They ended up being $15,000. Gilbert sued Fitz for his damages. However, not only did he lose his case, he was ordered to pay $10,000 in attorney's fees.

New law would end these oral releases after a car wreck

State Representative Julie Johnson from Dallas introduced HB 2374 which allows a driver to revoke a verbal settlement agreement. All seven members of the House Insurance committee voted in favor of it and it awaits the vote of the House of Representatives. Of course insurance companies will continue to swoop and settle, even if this law is passed.  By asking the injured driver to sign a form acknowledging that they understand what is happening, this will keep people from making rush decisions. There should be a short cooling off period, as there is with the sales at conventions or door-to-door homes. Texas Watch, a consumer organization, has urged Texans to contact their representatives to support HB 2374.

Recorded statements

Other tricks to expect

A good car accident lawyer can help you

Still not sure if you want to talk to us and let us answer your questions at no charge? See what some of Mr. Berenson's clients have written about how satisfied they were with their results.

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Recorded statements: why you need an attorney Need help paying your medical bills? Podcast about Rayza's claim

After the horrific February 11th chain reaction that took the lives of six people and injured scores of others, it was announced that a federal agency would investigate. Well, that was the least that could happen. We need to find out what caused Fort Worth's deadly crash and how another tragedy like this can be avoided. However, the Fort Worth Star Telegram reported that the National Transportation Safety Board will only look into whether the toll lanes had been deiced before the historic storm shut down Texas for a week - if it makes a report at all. Critics say a complete investigation and remedial action is needed. We wholeheartedly agree. This was the worst massive collision in our city's history. It could have and should have been prevented.

How Fort Worth's deadly crash scene unfolded

Early that morning, freezing rain began falling. This added to the already iced over roads. It was dark outside. Motorists driving down a hill on Interstate 35 between 28th Street and Northside Drive had no time to react to cars and trucks that had wrecked ahead of them. They slammed on their brakes but were unable to stop, causing a whopping 133 vehicles to collide into each other. There are no shoulders on the toll lanes on the toll lanes. But they would not have been of much use with cars and trucks driving 75+ miles an hour on treacherous roads. This bad weather was predicted. We warned drivers days before to stay off the roads and gave winter driving tests since we rarely, if ever, see them. But the toll lanes remained open for business as usual, as if nothing bad could happen. There were no warning signs, barriers, lane closures, or police to reduce or slow down traffic. After the tragedy, we asked

• why the toll roads with the 75-mile-per-hour speed limits were open in the first place, and
• whether the poor design of the toll roads made this pile-up inevitable.

What will happen next

It is not clear what will come out of the federal investigation, if anything. Usually, NTSB defers to state and other agencies and does not get involved in vehicle crashes. Further, it did not send out its own crash team as it should have done. Who will investigate and who (if anyone) will be blamed? The Texas Department of Transportation is not going to fault the North Tarrant Express Mobility Partners which owns and operates the toll lanes. That private company gets to keep all of the tolls collected for 52 years in exchange for funding and building them. It allows as many drivers as possible to make more money -- even during a crippling ice storm. TxDOT is obviously not going to held liable since it was not in charge of the toll lanes and enjoys sovereign immunity from prosecution in most cases. We may have to wait until the verdicts in the lawsuits that have and will be filed to learn what really happened. The first one was filed in South Texas against six of the 18-wheeler drivers and their companies, not against Mobility Partners. That business has denied that it is at fault for causing Fort Worth's deadly crash because it applied deicing brine on Tuesday night. This disaster happened Thursday morning. Any report that blames road crews sweeps the real blame under the rug.

Is 75 mph a safe speed?

Further, the state legislature passed a law that set 75 miles per hour as the default speed limit unless a slower (or faster) limit was prescribed. However the test that determined that 75 mph was safe was conducted in perfect conditions when the weather was good and traffic was light. And we know that many drivers speed, so they may have been exceeding that limit that morning. NTSB has the power to recommend that Congress or a federal agency make or revise laws based on what its investigation reveals.

The lethal combination of higher speed limits and poor road design

To hold down the cost of the $1.4 billion reconstruction of I-35 West, shoulders and break-down lanes were eliminated. Speeds limits were increased to encourage drivers to pay large tolls to use them. The vice president of government affairs at the National Safety Council, Jane Terry, was furious about what happened here. "We need people to become outraged over this because we need to do better," she said. You have to wonder if speed limits are safe to begin with. A national group called the Governors Highway Safety Association has urged the federal government to reduce speed limits to save lives. Its director called on Congress to curtail drivers who go to fast: "Let's treat speeding the same way we treat seat belt use and drunk driving." The Biden administration is proposing that billions of dollars be added to the federal highway construction program. This is the perfect time to look into how our roads can be safer. You can bet that the speed limits on the toll lanes are not going to decrease or that the expressway will be closed down the next time we have deadly weather like we did last month. And it is a given that the roads will not be redesigned to allow more room to avoid crashes. But they should. Berenson Injury Law has successfully represented thousands of motorists over the past 40 years. We only handle car, truck, 18-wheeler, motorcycle, and pedestrian injury and death claims. We also advocate to make our roads safer so that crashes don't happen in the first place. Please contact us if you need any help with a crash that you have been involved with. Star Telegram article: Will NTSB expand its probe into deadly I35W pileup? 

Two women and their three children were driving on Loop 820 when they were rear-ended by an 18-wheeler. But the driver's insurance company initially refused to pay them for their medical treatment and other damages. The women hired us so they could be fairly compensated after their Fort Worth tractor-trailer crash. We went to work immediately and

• conducted an investigation of the scene
• researched the driver and his company
• put them on notice and demanded that all evidence be preserved

Texas wrongful death lawsuits will provide answers; Griddy also sued for price gouging

A lawsuit was filed by three people injured in the massive 133-vehicle pile-up on the express lanes of I-35 on February 11. Six people tragically lost their lives and at least 60 people were injured. Many other Texas wrongful death lawsuits and personal injury suits will be filed to establish liability and collect damages. The plaintiffs accuse five companies of failing to hire, train and supervise capable drivers. The drivers are accused of driving too fast for the icy road conditions. The lawsuit was filed in the 93rd District Court in Hidalgo County where one of the companies is headquartered. The 18-wheeler companies sued were Federal Express Package System Inc., JB Hunt Transport, Inc., Rich Transport, LLC, GG's Produce Transport, LLC, and Go To Logistics, Inc. The chain reaction was caused by

• a thin layer of black ice;
• freezing rain;
• darkness;
• 75 miles per hour speed limit;
• lack of shoulders; and
• no warning signs.

This was a catastrophe waiting to happen. Drivers reported that when they hit their brakes, there was no way to stop their vehicles. NTE Mobility Partners, which operates and maintains the toll lanes, said that it had applied brine on Tuesday evening. It is not clear at this point whether (1) more or a different de-icing agent should have been applied closer to the time of the crashes; and (2) if the toll lanes should have even been open. That photograph is crazy, especially since today's temperature will get to 81 a week or so later. But it is troubling that our city and state were so unprepared for bad weather. Several state representatives have demanded answers to how these disasters could have happened. The National Transportation Safety Board is conducting an investigation. Trials in the Texas wrongful death lawsuits will provide answers and accountability.

Deadly winter storm caused by energy grid and local power companies according to new suits

In related litigation news arising out of the historic freeze, several lawsuits have been filed against the Electric Reliability Council of Texas (ERCOT) on behalf of those who died in last week's paralyzing storm. ERCOT was widely condemned for its management of the electrical grid, turning off power to four million Texans when the wind chill was below zero. It then left power off for days instead of providing rolling blackouts as it first promised. ERCOT provides almost all of Texas's energy and we cannot borrow energy from the other two national sectors. Several local Houston-based energy company have been also sued. Several people froze to death, including an 11-year-old boy. It is tragic that at least 29 Texans were killed during the storm, including the six in the tragic Fort Worth collisions. That number is more than one-half of the 56 people who died in the United States. And we were 4 1/2 minutes away from having no power for months. Investigations are needed to make sure we understand how these deaths occurred and how they can be prevented in the future. The legal process will provide relief to the surviving families and victims.

Natural gas supplier Griddy also sued

In further related storm news, the power supplier was named in a $1 billion class action lawsuit yesterday. It was accused of price gouging by a Houston-area woman whose usual bill of $200 to $250 per month shot up to $9,340.

Due to the deregulated Texas energy market, Griddy and other electrical providers can increase their prices, depending on market conditions.

Natural gas bills increased by 10,000% for many customers. That is outrageous.

People need to be protected

Federal and state officials need to prevent deadly but preventable highway crashes, power outages, and energy price gouging from happening so innocent Texans are not hurt and killed next winter if the temperatures plummet.

  https://www.youtube.com/watch?v=KZKy1NbG3gc&feature=youtu.be

Horrifying series of collisions shuts down I-35

Early this morning, a thin layer of ice coating the high-speed toll lanes near North Side Drive on Interstate 35 North caused one of the worst series of crashes that Fort Worth has ever seen. The catastrophe made national headlines. This video shows the clean-up of the estimated 133 vehicles in the pile-up. Berenson Injury Law has handled many crashes on I-35, including a death caused when the reconstruction of the highway happened.

How much will your medical bills probably cost after a Texas car accident?

A lot! Total costs for your medical bills could cost as much as $10,000 and possibly more. If surgery is required, expenses can exceed $50,000,  even $100,000. And a catastrophic injury can cost over $1 million.

So as you can see, this is a very important topic. The problem is that you will not know in advance which doctors you need to see, what they charge, and who is paying them. That is the reason that the statute of limitations in Texas is two years from the date of the collision. Lawmakers knew how long this process can take and gave injured Texans two years to treat and then negotiate their insurance claim or file a lawsuit.

How to get your medical bills paid before the settlement or jury verdict

You might assume that State Farm, GEICO, or the insurance company the negligent driver is covered by will automatically mail you reimbursement checks. Unfortunately, this never happens. Why not? Insurance companies, like businesses, do everything they can to maximize their profits. They do this in two ways: raising premiums and lowering the money they pay in claims.

That is why the company often denies fault and minimizes damages. It does not want to pay much, if any, money until an aggressive personal injury lawyer makes them. How much should the insurance company pay if it assumes liability and decides to make an offer? You can't get an accurate answer from the internet, a friend, or a lawyer commercial on TV. Without the expert help of an experienced personal injury lawyer, you are not be in a position to know how much a car accident case is worth.

Ways to get your medical bills paid before the settlement or jury verdict

5. Underinsured motorists

Underinsured motorists coverage can be filed on if the bad driver only had the minimum policy of $30,000 per person and your damages are clearly much higher than that. For example, you had to have surgery, your medical bills were $50,000, and you lost wages of $5,000.

Takeaway: the other insurance company does not have to reimburse you for your medical bills up front and will try to underpay you later.

We can help you

If you have suffered from personal injuries caused by another driver in Fort Worth, Dallas, or anywhere in North Texas, you should also seek the assistance of an experienced lawyer. The personal injury claims process is complicated and trying to handle the claim or lawsuit yourself can cost thousands of dollars. We will guide you through the snake-like process. Among other steps we take, we will

• obtain the police report and speak to the officer,
• investigate how the collision happened,
• get statements from eyewitnesses,
• secure photographs and other evidence,
• prove liability,
• work with you and your doctors to get the medical treatment you need so you heal as quickly as possible,
• make sure their payment is made or secured,
• document your injuries and medical bills so you can be fairly compensated, and
• negotiate a favorable out-of-court settlement or file a lawsuit.

For over 40 years, Berenson Injury Law has successfully represented injured Texans. The only way an insurance company will ever pay someone a reasonable amount of money is if it believes that the injury attorney can convince a judge and jury to award a large verdict. Our experienced team of professionals will help you figure out your best strategy. We tailor a plan to meet the individual needs of every client.

Please let us know how we can help you by calling us at 817-885-8000 (toll-free at 1-888-801-8585) or by filling out this contact form.

For more information please read:

Maximum Denton County settlement obtained

Our clients were driving their SUV on Interstate 35 in Denton County in December of 2017 when traffic came to an unexpected stop. They were rear-ended by a young man driving a company van. The wife was rushed to a hospital complaining of pain to her head and neck. CT scans showed that she had fractured her C2 disc. The husband fractured his right leg and injured his right arm. Several months later, she had to have her neck fused. The company and its insurance carrier denied that its driver was negligent due to the sudden stop in traffic and refused to pay the couple. They hired us and we immediately went to work. We obtained all critical investigation, researched all issues, and filed a lawsuit in Dallas. We have handled many commercial vehicle and broken bone cases over the past 40 years and knew where to get the best results. The driver had listed his address in Dallas County on his driver's license. We defeated the company's attempt to move the the case from Dallas County to Denton County, even though the couple and driver lived in Denton County and the crash happened there. This was a key victory as Dallas County courts have rendered higher verdicts than surrounding suburban counties. The company's attorney argued that the couple would have already outlived their life expectancies by the time of trial. He also argued they had preexisting arthritis and other medical problems. She had just suffered a stroke. Preexisting injury can hurt car accident case unless you do these things Our clients were in their early 80's and Medicare had paid most of their medical bills. The insurance company's lawyer argued that as a result, only $54,000 (the amount actually paid) would be allowed as their economic damages at trial and the expected jury verdict would be low. He did not want to pay much for their pain and suffering and other damages. We set the case for trial (although jury trials have been postponed indefinitely) and prepared for trial. The company's attorney hired a medical expert who wrote a report that minimized their injuries and medical bills. We fought to make the company pay the maximum amount available of $950,000.00. After the reduced attorney fee of $365,000 and expenses of $11,000, they received $523,000 - well over half of the total amount, an excellent result. A confidentiality agreement prevents us from disclosing any other information. That is not a photograph of our clients.

We can help you

We write occasional posts to assist injured victims of a crash in North Texas to read about real life clients so they can make an informed decision as to who is a good personal injury lawyer for their collision case. Here are other results that we have obtained for our clients.