Happy ending for potentially deadly crash
Berenson Injury Law has successfully resolved a case against the drunk driver and the bar that might have over-served him after a Fort Worth DWI collision in April.
A young woman was driving her car on a Fort Worth interstate late one night. Her boyfriend was a passenger. Suddenly a driver’s worst nightmare happened: a car driving the wrong way crashed into them. And guess what, the young male driver was driving while intoxicated. Without any headlights on.
We don’t know why every weekend produces another round of fatal car and truck crashes across the Dallas-Fort Worth area. Or why we treat this news as if it is inevitable. Or that there is nothing we can do about it. But we all know that it can be frightening to drive on our North Texas highways. This past weekend produced more tragedies including these:
- South of Fort Worth: two people lost their lives in Burleson Sunday evening at 6:30 when a car traveling north on Interstate 35 crossed through the cable barrier and hit a southbound vehicle head-on. Two people in the north-bound car perished and other people were injured, some critically.
- South Dallas: a woman crashed into a truck and car that had already collided and were on the shoulder on Interstate 20, taking her life.
Under Texas law, a driver who causes a crash must pay the other driver’s damages including medical bills, lost wages, and pain that he caused. But often people have been hurt before. With little if any evidence, insurance companies will argue that someone’s damages were not caused by this collision but from a preexisting injury from a prior crash or event to get out of paying what the case is worth. That is not fair. Any good personal injury lawyer knows how to fight this trick so that his client is compensated fairly.
There’s more than meets the eye in a commercial vehicle claim
Our client was a passenger in a car in Fort Worth two years ago that stopped at a flashing red light on a wet morning when she and her husband were rear ended by a delivery van. Property damage to their car was minor and there was only a scratch to the front bumper on the commercial vehicle. The driver said that his brakes had locked up on the wet pavement and blamed the light for confusing him. No one reported any injuries, the police were not called, and both vehicles drove off.
End of this story? No, just the opposite.
As often happens after a collision, the woman’s neck and back started hurting. Four days later, her PCP said she had a strain/sprain and prescribed anti-inflammatories.
She filed a claim with the other company but the insurance adjuster said she could not possibly have been hurt in this low speed impact. Further the adjuster told the woman that her husband and the company’s driver were not injured and its driver had a valid excuse. The insurance company made her a paltry offer of settlement of several hundred dollars, referred to in the world of personal injury as a “nuisance offer.”
Adding to the complexity of her case, she had fallen earlier in her life and had just had three vertebrae in her cervical spine fused the year before this wreck. Proving that someone’s current pain is not preexisting can present a problem for a personal injury lawyer. Further, her medical treatment consisted of only two routine visits at her PCP.. And she was salaried and did not lose any wages from her job. Her damages were minimal.
She hired our firm a month later after other personal injury firms had turned her case. But we knew we could help her. Mr. Berenson has represented a lot of people who were injured in wrecks caused by a commercial vehicle over the past almost 40 years and knows what to do. Our firm went to work.
The average settlement of a car accident in Texas was about $15,000 a few years ago. That may seem like a lot of money. But on the other hand, if may be far less than the case value. If you have been in a car wreck, how do you know what your auto accident case is worth? How do you know if you should file a lawsuit to get the compensation you deserve?
The only way to know is to have a good car accident attorney on your side. When you are facing the pain and stress of being injured on top of mounting medical bills and lost income, it may be tempting to take whatever amount the adjuster offers. He or she is counting on that. It’s a mistake to try to negotiate the case yourself. You can cost yourself a lot of money. An experienced attorney can protect you.
1. Settling versus litigating
- How much does a car accident lawyer charge;
- How he can make you substantially more money than you can on your own
Good Injury Settlement Depends on Your Lawyer
Getting a good personal injury settlement means getting your vehicle repaired or totaled, healing as quickly as possible, and obtaining the financial compensation you are entitled to receive. This post explains the steps you should take to ensure these things after being in a car accident.