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Articles Tagged with Personal Injury Claim

MedStar-ambulanceThe COVID-19 virus has forced most people to stay home. So you would assume that our North Texas roads, with less traffic than in decades, would be safer, right? Unfortunately, that has not been the case. Many innocent drivers, cyclists, and pedestrians have recently been injured in scores of collisions. And expect a return to the 80,000 crashes we have in the Metroplex each year once the restrictions are lifted and normal traffic resumes.

DFW crashes this week

Here are a few of the local crashes that were reported online in the past week:

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Health InsuranceHere we are in the middle of a terrifying global epidemic. The death rate is spiraling. We have been ordered to stay home, for the most part. Yes, it’s frustrating. But some people somehow continue to drive around like normal.

It’s not just that they are probably spreading the coronavirus. They keep speeding, running red lights and stop signs, and texting while driving — and causing car and truck wrecks, engaging in road rage, and hitting pedestrians.

So even though many less people are allowed to be driving on DFW roads, personal injuries and wrongful deaths continue to happen. And we wonder if the quarantine is making some people drive even more recklessly than usual, as if nothing had changed.

For example, here are just a few of the crashes that happened here in the past week:

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Man-drinking-while-driving

We are all busy enjoying the holidays — some people too much. The period between Thanksgiving and New Year’s Day is one of the most dangerous times to be on the road in Texas. With all the Christmas parties and football games, driving while intoxicated collisions increase. Too many people decide to get too drunk, drive too recklessly, and cause too many car crashes.

Latest driving while intoxicated collisions

Consider these heart-breaking stories from the past few days:

  • Today — a man who was driving his BMW the wrong way on Loop 820 West in Fort Worth was sentenced to 20 years in jail for intoxication manslaughter. This is the maximum sentence under the Texas Penal Code, Section 49.08. The drunk crashed head-on into the car of Moses Elizondo, a kind 21-year-old who was working late to make money to go back to college.
  • Yesterday morning at 10:30 a.m. — a drunk driver in Dallas veered off Avondale Avenue near Turtle Creek Boulevard in Dallas. He killed a 72 year-old-woman who was getting a little exercise walking on a raised sidewalk.  The driver of the black Audi was arrested and charged with driving while intoxicated. He had a prior DWI conviction in nearby Uptown a few years ago and made no attempt to help the woman he struck. This crash should be the poster child for why we must do more to crack down on DWIs.
  • Yesterday about 2:30 a.m.  — someone drove the wrong way on the Dallas North Tollway near Forest Lane and hit another vehicle.  Fortunately only the wrong-way driver was injured. Often these are high-speed crashes that seriously injure or take the lives of one or multiple people.
  • Last week –a wrong-way driver crashed into other vehicles at 3:30 a.m. on Interstate 30 near Riverside Drive in Fort Worth. That driver died and another motorist was injured.

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fairy-tale

If you have been injured in a car or truck wreck in North Texas, you may think you know how the insurance claims process works. But you might be operating under assumptions that are not accurate. Berenson Injury Law tries to keep the public informed about important car and truck crash topics. We have seen that too much wrong information is spread about how personal injury law works. We want to help debunk widely believed myths about car accident claims so injured people can make the best decision on how they should proceed.

Here are the TOP 10 MYTHS ABOUT CAR ACCIDENT CLAIMS

Myth #1 – The insurance company is going to be fair

False!

This belief is out of a fairy tale book. Insurance companies are in business to make large profits. The best way is for them to do this is to question and fight every claim.

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Scared-woman-driving

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.

pain-chest-man

You can be seriously hurt after being in a car accident in Fort Worth or Dallas and not know it. A good example is blunt-force chest trauma. You may experience pain and have trouble breathing, but hope this goes away on its own. That can be a serious mistake. This post will answer your questions about how serious a chest injury after a car accident can be, what can you do to treat it, and whether you can be compensated.

This post is part of a series about injuries commonly sustained after a car or truck crash including to the

  1. Head
  2. Neck and back
  3. Spinal cord
  4. Shoulder
  5. Broken bones

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Funeral
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.

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Rare court victory for injured drivers fighting their insurance companies

The Fourth Court of Appeals in San Antonio issued an important decision on Wednesday that awarded an injured driver his entire underinsured motorists (UIM) benefits. The holding in Allstate Insurance Company v. Irwin is only the second time that an appellate court has allowed a plaintiff to obtain Texas UIM benefits without first filing suit and obtaining a judgment against the adverse driver. Further, it is the first time that the recovery of attorney’s fees and costs has been allowed.

Background: Mr. Irwin was seriously injured in a car crash in 2016. He suffered a herniated disc in his lumbar spine and had to undergo various procedures to alleviate his pain. The total cost of his medical treatment was substantial. He settled with the at-fault driver’s insurance company for her policy limits of $30,000.00. He then demanded that his liability insurance company pay his underinsured policy limit of $50,000.00 for his remaining damages. However Allstate refused and only offered an additional $500.00 claiming that his injuries were preexisting, that he was over 50 years old, and that he worked as a construction worker. The man filed suit for the money his company owed him from his UIM policy.

After hearing the evidence, the jury awarded him $498,968.36. The court signed a judgment awarding the plaintiff his policy’s limit of $50,000.00, attorney’s fees, and costs. Allstate appealed.

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A health insurance company must pay medical bills, right? No, not always.

We are often hired by people justifiably angry after their Blue Cross-Blue Shield plan declined to pay for their amulance, hospital, and doctor bills. You have to pay expensive premiums and high deductibles and co-pays. So it is natural to assume that after you are in a car or truck collision in North Texas, that your health insurance company will pay for your medical bills. But unfortunately, it often won’t. But you won’t know this for months.

So the best thing for you to do after being in a wreck is to hire a good personal injury lawyer immediately. He will fight to get your medical bills paid or lowered by your health insurance company and your damages paid by the other driver’s liability insurance company. And if you don’t have health insurance, he can get you treated by qualified doctors and pay for some of them up front or guarantee payment so they are repaid from your insurance settlement or jury verdict. It’s a win-win for you.

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Distracted Driving
I just attended the monthly meeting of the Fort Worth Safe Communities Coalition.I serve on the Road Safety Task Force with officials from the Fort Worth Police Department, City of Fort Worth, Tarrant County, and other government leaders. Our goal is to make Fort Worth roads and highways safer. As always, the subject of texting while driving and how we can discourage that extremely dangerous practice came up, but we have no good solutions. And everywhere I go, people tell me they were almost in a car accident or saw another driver weaving and they were staring at or using their cell phones. We all know that texting while driving is out of control. Some people have asked if it is against the law.

Yes texting while driving is a crime but …

Texas became one of the last states in the country to ban texting while driving. Four previous attempts had failed. As a result, over 100 cities had already enacted their own ordinances because they could see how deadly this practice had become.

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