wrongful death

May 13, 2019

Why Are DFW Interstates So Dangerous?

This weekend’s fatal crashes on I-35 show the need for increased safety measures

North Texas highways are unfortunately the scene of many serious injury and fatal car and truck crashes. Just in the past two days, a tragic Fort Worth accident took the life of a woman on I-35 near Rosedale Street on Friday night. And last night, a Dallas crash sadly took the life of a woman who was not able to avoid hitting a disabled SUV on I-35 near Medical District Drive north of downtown. This weekend reinforced why drivers should try to avoid driving on interstates if possible, especially at night.

Since all of our local highways are more jammed than ever with cars, trucks and 18-wheelers due to our region’s explosive growth, the only possible answer for why I-35 is so dangerous is increased trade due to the North American Free Trade Agreement (NAFTA). As a result, we have more and more commercial trucks driving up and down the the highway to deliver goods from Mexico. And we have more trucks because of increased deliveries from purchases from Amazon and other online merchants. Plus it seems that I-35 is always under construction, at least here in Fort Worth where we have been in the midst of a frustrating widening for the past five years.

Adding to these perils, tractor trailers and other large commercial trucks drive with relative impunity. We see them tailgating and trying to run drivers off the road, speeding, failing to stay in their lanes – presumably because the driver is texting while driving or at least using his cell phone in violation of Federal Motor Carrier Safety Administration regulations – and driving while being exhausted. You rarely seem them pulled over for doing this. I call on Texas law enforcement to increase the number of patrol officers and other traffic safety techniques to make truck drivers obey traffic laws.

I also urge our state legislators to fix these problems. The Texas Tribune described several proposed laws that would help remedy this embarrassing title. None of these bills is apparently going to pass in the legislature days from concluding its biennial session.

Dallas interstates are especially dangerous and lead to far too many wrongful deaths. Most were listed in the top 100 deadliest highways list, with I-35 being one of the highest in the country at #13 and I-45 right behind it at #14.

April 30, 2019

DWI Deaths Devastate DFW Family

by William K. Berenson

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?

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

October 17, 2018

New York Limo Crash Was Avoidable

by William K. Berenson

Glaring lapses in public safety were revealed by a horrific New York limo crash last week. The New York governor said that the vehicle and its driver were not legally allowed to even be on the road. As a result, 20 people lost their lives. The crash marks the deadliest transportation collision in our country since 2009. We must take stronger action to prevent disasters like this from happening in the future. Continue reading