Dallas Fort Worth Car Accident Lawyer Blog

Oil and Gas Trucks Pose Significant Risk of Injury or Death

Tue, 15 May 2012 10:06:09 -0600

Large trucks pose a huge hazard to other road users in the event of an accident, as their sheer size and weight means they regularly cause massive property damage and catastrophic bodily injuries. However, as a Dallas-Fort Worth personal injury attorney, I know that it is not just other motorists who are at risk from being injured in a tractor trailer wreck; passengers riding in the cab of the truck are also in danger.

According to statistics provided by the Federal Centers for Disease Control and Prevention, the risk of truck passenger injuries is significantly higher within the oil and gas drilling industry than in all other industries. Between 2003 and 2008, there were more than 300 fatalities in such crashes; nearly a third of all oil and gas industry deaths during that time frame.

The reason why truck collision deaths are so high within the oil and gas industry is that their drivers do not have the same safety regulations as drivers in other industries. Most semi-truck drivers in Texas and across the US are prohibited from driving after 14 hours on duty. However, oil and gas company drivers are afforded certain exceptions to this rule. The National Transportation Safety Board has strongly opposed these exceptions because of the increased risk of accidents they create, but not surprisingly oil and gas companies do everything in their power to resist changes. It is a classic case of big business valuing profits over people – something I see a lot of when dealing with insurance companies as a Fort Worth personal injury lawyer.

To make matters even worse, several oil and gas field workers have come forward with stories demonstrating how their employers routinely break the rules and make their staff do the same. Examples of this include making drivers wait long periods at well sites without opportunity to sleep and then make them lie about it in their trucking log books. It is no wonder that highway collisions are the leading cause of deaths in the industry.

If you or a member of your family has been injured in a Texas traffic accident involving an oil or gas work truck wreck it is a good idea to consult with an experienced Fort Worth personal injury lawyer to be sure that you are fully aware of your legal rights and options. You may be entitled to compensation. Call the Anderson Law Firm to speak to a board certified attorney today. Call toll free at 800-354-6275 or locally at 817-294-1900.

Google’s Self-Driven Car Gets Green Light to Hit Public Roads

Wed, 09 May 2012 14:04:50 -0600

As a Fort Worth personal injury lawyer who has handled a lot of car accident cases, I’m generally nervous whenever now technology is introduced into passenger vehicles as it usually seems that it will only increase the very real problem of distracted driving on our roads.

Yesterday, Google’s self-driving car became the first ever car to receive a license to drive on US roads. The modified Toyota Prius is an autonomous vehicle which depends on a combination of technologies including GPS and artificial intelligence which effectively allows blind people to sit in the driver’s seat as the car does the driving for them.

Needless to say, I have mixed thoughts about this… I can certainly see the potential of this technology. I’m sure that as it advances, it might well become widespread and there is a possibility that it could actually cut down on auto collisions as AI-operated vehicles takes human error out of the equation.

On the other hand, will this computer-based technology make motorists even more complacent that they already are. If people believe they are safe to read or watch movies on an iPad while behind the wheel, will they completely neglect to watch out for potential hazards on the roadways around them?

It will be interesting to see how this emerging technology affects the driving experience in the future, but for now I think it’s wise to remain optimistically cautious at best. Check out this video of Google’s self-driven car below:

Until this technology does indeed become the norm, most car wrecks are going to be the result of driver negligence to some degree. If you or someone you love has been hurt in a Texas traffic crash which was not your fault, please call the Dallas-Fort Worth personal injury and wrongful death attorneys at the Anderson Law Firm for a free, no obligation consultation on your case. Call toll free at 800-354-6275 or locally at 817-294-1900.

Buckling Up Safely: A Guide For Pregnant Women

Sun, 06 May 2012 11:23:50 -0600

As a Fort Worth personal injury lawyer, I know it is important that people always take every available precaution in order to safeguard themselves any time they get in an automobile. By law, all car and pickup occupants must wear a safety belt. However, one demographic of the Texas population often makes the unwise decision not to buckle up… I’m talking about pregnant women.

If you are pregnant, it is more important than ever that you utilize the seatbelt in your vehicle. Contrary to urban myths, wearing a seatbelt will not damage your unborn child – in fact not using a safety belt could result in catastrophic injuries if you are involved in a wreck. The force of the airbag deploying alone could have devastating consequences if you are not also wearing a safety restraint.

Obviously, it is important that you are comfortable while riding in a motor vehicle and that the safety belt is correctly positioned to minimize risk to your baby. The NHTSA recommends positioning the lap portion of the belt snugly across your hips and pelvic bone and the shoulder belt across the middle of your chest away from your neck. It is important that you never tuck the seat belt behind your shoulder, arm or back as this will prevent the belt from doing its job and protect you in the event of a crash.

It is also important that you choose your seat in the vehicle wisely while you are pregnant. Statistically, the passengers in the back are safest, so you should always ride in the back whenever possible. If you must drive or ride in the front passenger seat, then be sure to move your seat as far back as possible (while still being able to reach the foot pedals). Always keep at least ten inches back from the steering wheel or dashboard.

If you or a member of your family has been injured in a Dallas-Fort Worth auto accident which was the fault of a negligent motorist, you should discuss your case with a board certified personal injury lawyer as soon as possible. You may be entitled to compensation.

Talk to a Fort Worth car accident attorney at the Anderson Law Firm today. Call toll free at 800-354-6275 or locally at 817-294-1900.

Forcing Motorists to Text While Driving

Thu, 03 May 2012 12:39:53 -0600

As a Fort Worth personal injury lawyer, I know that texting while driving is incredibly dangerous. Yet people do it every day – creating a hazard for all other road users as well as putting their own lives in danger.

It is impossible to write and send a text message while behind the wheel of a car. It requires you to take your eyes of the road and at least one hand off the wheel. You’re not thinking about potential hazards up ahead and so you miss the car in front slowing down or the child who runs into the street to collect his soccer ball. Distracted driving is a very real problem.

To drive home just how dangerous texting while driving is, check out this video created by Responsible Young Drivers which seeks to prove to people that texting while driving is incredibly dangerous – by making people text while drive. Of course, it’s worth noting that although this video shows novice drivers, it doesn’t matter how experienced a motorist you might be: texting while driving kills.

Obiwan Kenobi Arrested For Hit and Run Car Accident (I Guess You Could Say the “Force” Was With Him After All)

Wed, 02 May 2012 14:28:12 -0600

It probably comes as no surprise that someone who legally changed his name to that of Luke Skywalker’s mentor doesn’t have the best judgment and a recent news report out of Roseville, California confirms it. Obiwan Kenobi, 37, was involved in a five vehicle intersection collision on March 19th. Kenobi was allegedly the driver at fault for causing the wreck.

According to a local news report, the car he is suspected of driving tried to merge from a left-turn only lane into a straight-ahead lane, setting off a chain reaction which caused injuries to some occupants of the vehicles involved. The car believed to be driven by Kenobi then fled the crash scene. Police were able to track the vehicle to Mr. Kenobi and he was arrested at his home a month after the crash. (Obiwan Kenobi was born Benjamin Cale Feit, he changed his name to match that of the Star Wars character in order to win a $1,000 radio contest in 1999).

As a Fort Worth personal injury lawyer, this story makes me happy (and not just because I get to reference Star Wars) but also because of the fact that a suspected hit and run driver was caught and will hopefully be brought to justice. Too often I hear stories of drivers, passengers and pedestrians – including children – who have suffered terrible injuries as a result of a traffic accident where the at-fault driver fled the scene and could not be found. Unfortunately, in those situations there is no way to recover any compensation unless you have an uninsured motorist coverage policy. If not, you’re stuck having to pay your expensive medical bills out of your own pocket. There is nothing that even the best lawyer in Texas could do for you.

If you or someone you loved has been injured in a Fort Worth car accident, please call the Anderson Law Firm to speak with a board certified personal injury lawyer regarding your case. We will explain your legal rights and help you identify any compensation which might be available to you. Call toll free at 800-354-6275 or locally at 817-294-1900.

More Young Texans Putting Off Getting Their Driver’s License

Mon, 30 Apr 2012 14:04:34 -0600

An article in the Dallas Morning News may come as a surprise to parents in DFW this morning. According to the report, more young people than ever are putting off getting their driver’s license. In 2000, 82 percent of people between the ages of 20 and 24 had driver’s license compared to the 74 percent in 2010 and the decline doesn’t stop there. According to the Federal Highway Administration and the U.S. Census Bureau, there was also a drop in the number of people 19 and younger with licenses – from 47 to 38 percent.

As a Texas personal injury lawyer, I can tell you that it might be a good thing more young drivers are waiting to get their license, simply because it will keep them safer. That’s because statistically, young drivers are four times as likely to get into car accidents. If young driver’s want to wait to get their driver’s license, I say let them! Fort Worth and Dallas are getting more bike-friendly as cities and with gas prices as high as they are; it’s understandable why some youngsters would hesitate before committing to drive.

Even though getting your driver’s license at 16 has long been a rite of passage for many teenagers, it’s nice to see young people come up with alternative methods of getting around town. As an attorney who deals with car wrecks, it will be interesting to see if this trend continues.

Higher Standard Medical Exams for Truck Drivers Seek to Improve Road Safety

Sat, 28 Apr 2012 10:51:56 -0600

Since auto accidents involving a large commercial truck are likely to cause catastrophic injuries to the occupants of any car or other passenger vehicle involved in the collision, the laws governing motor carriers and truck drivers are understandably very strict.

As a Fort Worth truck wreck lawyer, I know that there are many different hazards which could result in a potential crash which may cause serious injuries or fatalities. These include unsafe or improperly maintained trucks, loads not properly fastened, tired drivers who have been behind the wheel for far too long… These are but a few of the more common examples of Texas truck accident scenarios.

The health of the trucker is significant when it comes to 18-wheeler truck safety. Federal laws permit truck drivers to spend up to 14 consecutive hours on duty, so it is important that truck drivers fulfill certain physical requirements in order to reduce the risk of potentially fatal situations, such as nodding off behind the wheel. These physical requirements include having a blood pressure of less than 160/100 and a blood sugar level of less than 200.

The Federal Motor Carrier Safety Administration (FMCSA) last week demonstrated that they take the physical requirements of truckers to be an important part of the safety requirements levied on trucking companies and their drivers. On Wednesday, it was announced that all healthcare professionals who perform FMCSA medical examinations must be trained, tested and certified regarding the various specific physical requirements which may affect a driver’s ability to safely operate a large commercial vehicle. All truck and bus drivers must pass a medical examination every two years in order to retain their license.

As a personal injury and wrongful death lawyer who has seen firsthand the damage which can be done by an unfit driver in charge of a semi-truck, I think that this is an important step forward in bettering the safety of DFW roads for all motorists.

If you or someone you love has been injured in a Texas truck wreck accident, please call me for a free, no obligation consultation on your case. Call toll free at 800-354-6275 or locally in Ft. Worth at 817-294-1900.

The Child Passenger Safety Guide

Thu, 19 Apr 2012 09:05:27 -0600

As a Dallas-Fort Worth Personal Injury Lawyer, I know that that car accidents are the number one cause of death among children aged 1 to 12 years old in Texas. Appropriately enough, the National Highway Traffic Safety Administration (NHTSA) is currently running its new Child Passenger Safety Campaign to encourage proper car seat and safety belt usage among kids. Here are some simple tips to make sure your son or daughter is correctly and safety secured within your vehicle:

Choosing and Installing the Right Seat
Child seat manufacturers are required to clearly label seats with the recommended weight limits. Keep your child in a rear-facing seat for as long as possible – and always make your child ride in the back seat until 12 years of age. Make sure you follow the installation instructions for the seat and use the LATCH system.

Make Sure They’re Strapped in Tightly
Many parents worry that the harness holding their child into the car seat is too tight or uncomfortable, however, the hardness is supposed to be snug and hold the child in place. The hardness should tight tightly over their shoulders and be snug enough that there is no slack. It should never be allowed to slip down off your child’s shoulders as this will not give them the security they need if you ever wind up in a wreck.

Get a Professional to Inspect Your Child’s Seat
Installing car seats is a tricky business, so it’s often worth the peace of mind of having a trained professional check over your handiwork to make sure that your child’s car seat is properly installed and that the hardness is correctly adjusted to be both comfortable and secure. For a list of NHTSA-approved child car safety seat inspection stations in North Texas, please click here.

Of course, it’s not just children who need to be safely buckled up when they’re riding in a car; according to the Texas Department of Transportation (TxDOT), roughly 44% of people killed in motor vehicle fatalities in 2010 were not wearing a seatbelt at the time of the collision. Wearing a safety belt is not just about avoiding a ticket if a cop pulls you over. Click it or you risk being seriously injured.

The Importance of Uninsured Motorist Coverage

Mon, 09 Apr 2012 09:39:20 -0600

For those of you who have read my books, blogs, website or newsletters, you know that there is one constant in my advice as it pertains to my area of law: I always encourage everyone to purchase uninsured motorists coverage when they buy their car insurance.

The reason is simple: approximately 25% of the drivers in Texas do not have any car insurance at all. And of the ones that have insurance, a vast majority of them only have minimum limits (which are $30,000). This means that if you are in a wreck and have any injuries, there is a high likelihood that there will not be enough liability insurance to pay for your medical bills, lost wages, out of pocket costs, and for the other damages that you may have incurred.

However, just because you make the sensible decision to purchase uninsured motorist coverage, it doesn't necessarily mean the aftermath of your auto accident will be an easy ride. Thanks to a ruling by the Texas Supreme Court in 2006, insurance companies now have no obligation to treat their own customers fairly until ordered to do so by a jury. This means that seriously injured car crash victims often find themselves in the strange position of having to sue their own insurance company in order to recovered the compensation they've been paying premiums for for years.

Robert and I recently represented a client who was in such a situation. In his case, the insurance company in question was Allstate. Read about the trial here.

Be Careful Who You Allow to Drive Your Car

Wed, 04 Apr 2012 09:24:57 -0600

Here in North Texas, we have a number of universities including TCU, UNT, UTA and SMU. A lot of times students allow their friends to borrow their cars for various reasons; maybe their roommate wants to drive to the grocery store while the owner of the vehicle has classes, or perhaps the owner of the vehicle is going to be out of town for the weekend and figures that their friend might as well make use of their car while they’re away. It happens all the time, and it’s not just college students who routinely allow other people to drive their vehicle.

However, as a Dallas-Fort Worth personal injury lawyer, I think it’s important that owners of cars, trucks and motorcycle realize the potential danger they are putting themselves in. If the person driving your vehicle gets into a wreck, it is you who could be held legally and financially responsible for any property damage or bodily injuries which occur.

If a motor vehicle owner gives permission to an unlicensed, incompetent or reckless driver to use their vehicle, then an accident victim could make a negligent entrustment claim against you and your insurance policy either instead of or in addition to the actual driver’s insurance policy.

Negligent entrustment law is not just restricted to cars and pickup trucks either; such claims have also been brought against the owners of boats, ATVs and even golf carts who unwisely made the decision to loan their vehicles to people they really shouldn’t have.

Think before you hand over the keys. You don’t want to be held responsible for someone else’s negligence on the road.

Girls Are More Easily Distracted Than Boys When Driving

Fri, 30 Mar 2012 13:54:06 -0600

Women drivers have long been a target of sexist comedians, but they may actually have a legitimate gripe according to the AAA Foundation for Safety. A recent study focusing on the driving habits of newly licensed, unsupervised drivers has found an alarming discrepancy between the sexes when it comes to distracted driving. According to AAA, girls are twice as likely as boys to take their attention off the road to use their cellphone or engage in other distracting activities.

As a Dallas-Fort Worth personal injury lawyer, I understand better than anyone the very real danger that distracted driver pose both to themselves and to the safety of all other road users. According to the NHTSA, distracted driving played a central role in more than 3,000 traffic fatalities last year.

Within the past year, the subject has become a political hot potato, both locally and on a national level. Last year, the Texas senate approved legislation which would restrict cell phone use by motorists, only for Governor Rick Perry to veto it at the last moment. That didn’t stop Arlington city council for stepping up with their own city-wide ban on sending and receiving text messages while driving. Earlier this week, Chapell Hill in North Carolina became the first city in America to introduce a complete ban on using cell phones while in the driver’s seat.

Cellphone use is far from the only cause of distracted driving of course. The AAA study also highlighted such distractions as adjusting controls, personal grooming and eating and drinking. In North Texas, I know other common forms of distracted driving also include smoking, riding with a loose animal and even reading.

If you have been injured in a car wreck caused by a distracted driver, it’s a good idea to speak with a Fort Worth personal injury attorney as soon as possible. For a free, no obligation consultation, call me today at 817-294-1900.

North Carolina City Becomes First in USA to Completely Ban Cellphone Use While Driving

Wed, 28 Mar 2012 10:40:23 -0600

On Monday, the town of Chapell Hill in North Carolina became the first city in America to introduce a complete ban on cell phone use by drivers – including hands free cell phones. As a Dallas-Fort Worth personal injury lawyer, I applaud Chapell Hill’s city council members for making this brave decision, and I am sure that many other cities across America will be eagerly watching the positive impact this ban will have on public safety in the city once the new law goes into effect on June 1 this year.

Distracted driving is a major problem here in North Texas, and it is an issue which demands greater regulation in order to keep our roads safe. Although distracted drivers pose the greatest threat to themselves (a large proportion of distracted driving fatalities are single vehicle accidents), people who text from behind the wheel are also a very real danger to all other road users. Travelling at 55 miles per hour, a driver will travel the length of a football field in the amount of time it takes to read a standard text message. Within that distance there are any number of potential hazards they might miss: the car in front of them stopping, a traffic light turning red, a child running out into the road.

Unfortunately, despite the clear and obvious danger distracted drivers pose to all North Texas road users, Arlington remains the only city to have an outright ban on sending and receiving text messages while in the driving seat, and even that law still allows for people to have phone conversations while driving. I hope that the Chapell Hill law proves once and for all that bans of distracted driving can work and are for the greater good. Hopefully then other cities in DFW take notice and greater restrictions on cell phone use while driving will come into force.

Remember that even though using a cellphone while driving is not currently illegal in Texas (other than in school zones) it is still regarded as negligence on peace officers crash scene reports. If you or someone you love was injured in a multi-vehicle wreck caused by a distracted driver, it is important that you speak to a board certified personal injury lawyer regarding your case as you may be entitled to compensation.

High-Definition Fiber Tracking Allows Doctors to Accurately Diagnose Traumatic Brain Injuries

Tue, 27 Mar 2012 09:01:15 -0600

Traumatic brain injuries (frequently caused by car crashes, truck wrecks and workplace accidents) affected roughly 1.7 million people in the US each year according to the Brain Injury Institute of America. Of these, 52,000 will die, 270,000 will be hospitalized, and 1.365 million will be treated and released by an emergency department.

As a Dallas-Fort Worth personal injury lawyer, I know that traumatic brain injuries are extremely serious and often result in expensive medical care bills typically totally in excess of $8,000 per day. However, perhaps the most significant aspect of a traumatic brain injury is that there is no way to conclusively confirm the presence of a traumatic brain injury (TBI) until autopsy. Until now.

Earlier this month, the Journal of Neurosurgery published a report by researchers at the University of Pittsburgh Medical Center who have developed a new brain imaging test called high-definition fiber tracking, or HDFT.

HDFT allows doctors to render the fiber tractography of the patient’s brain in three dimensions, allowing them to accurately detect diffuse axonal injuries in the same way doctors use X-ray machines to accurately pinpoint fractured bones. This technology is sure to massively benefit doctors seeking to properly diagnose and treat patients since current testing methods such as MRI, CT and Neuropsychological testing “doesn’t tell you what the consequences of that head injury is going to be,” says Dr. David Okonkwo, a neurosurgeon who was part of the research team. “You can have a patient with severe swelling who goes on to have a normal recovery, and patients with severe swelling who go on to die.”

If you or a loved one suffers a head injury in any kind of accident it is always important that you are properly assessed by a doctor who specializes in brain injury cases. It is also critical that you consult with a board certified personal injury lawyer to ensure you have the best possible chance of recovering the compensation you need to pay those expensive medical bills. Call the Anderson law firm today for a free, no obligation consultation on your case. Call toll free at 800-354-6275 or locally at 817-294-1900.

Overcoming Brain Injuries Caused by Auto Accidents

Wed, 21 Mar 2012 11:30:02 -0600

Today is Brain Injury Awareness Day. As a Dallas-Fort Worth personal injury lawyer, I know that traumatic brain injuries (TBI) are both one of the most significant and yet one of the most common injuries sustained by someone in a DFW traffic wreck, whether they were driving a car or pickup truck, or riding a motorcycle of pushbike. However, all too often, accident victims do not seek out the medical treatment necessary to determine whether or not they have sustained a brain injury. Mild brain injuries, for example, involve no loss of consciousness. If you have been in a multi-vehicle collision, seeking a thorough medical assessment of your wellbeing is always a must.

The Brain Injury Association of Texas estimates that there are more than 144,000 people who suffer a traumatic brain injury each year. Of that figure, 5,700 Texans are permanently disabled as a result of their head injury, which can mean a huge financial and personal cost for their family. Seeking financial compensation with the aid of a board certified personal injury lawyer, it often the only way to afford the expensive medical care necessary. Currently, it is estimated that roughly 2 percent of the Texas population (approximately 440,000 individuals) are living with a disability caused by a traumatic brain injury.

In addition to raising awareness of the huge danger that traumatic brain injuries pose, I think it is also important that today we recognize those individuals who sustained a terrible injury but who fought to overcome it. Brain injury survivors have overcome many arduous difficulties in order to be treated as equals. They have enormous human spirit and should not be pitied.

Unfortunately, the cost for medical care and rehabilitation therapy necessary to treat traumatic brain injury victims is prohibitively expensive. If you or someone you love has suffered a head injury in any kind of accident, you should first get yourself examined by a doctor, followed by consulting with an experienced personal injury attorney who can inform you of your legal rights and your right to compensation.

To schedule a free, no obligation consultation with a Texas board certified personal injury and wrongful death lawyer, please call toll free at 800-354-6275 or locally in Fort Worth at 817-294-1900.

The Danger of Falling Objects From the Vehicle In Front

Mon, 19 Mar 2012 09:49:37 -0600

We’ve all had that same nerve-racking experience of driving behind a huge 18-wheeler truck carrying enormous concrete slabs, steel pipes or a dozen new cars and had the same thought: “Please don’t fall…”

Unfortunately, accidents are sometimes the result of unsecured loads or other debris falling off a large truck. As a Dallas-Fort Worth personal injury lawyer, I know such wrecks are fortunately very uncommon. However, if you or someone you love has been injured in such an accident, it’s important that you hire an experienced auto collision attorney who can ensure that the appropriate insurance policies are claimed against so that you recover the full and just compensation you are entitled to under Texas law.

Of course, it’s not just semi-trucks whose loads could pose a great danger to other motorists if their load comes loose and falls. No doubt, you’ve seen instances of stupid drivers who have tried to cram a huge piece of furniture in their car’s trunk, or a pickup truck piled high with all sorts of stuff. If any of these drivers are found to be guilty of negligence, then they can be held liable for the damage their actions caused. Check out this video filmed in Dallas last week where an unsecured mattress flies out of the back of a pickup, causing a dangerous hazard on a busy interstate:

Whatever the reason for your wreck, if it was someone else’s fault, then it’s important that you speak with a board certified Dallas-Fort Worth personal injury attorney. To schedule your free, no obligation consultation, please call toll free at 800-354-6275 or locally in Dallas at 214-327-8000 or in Fort Worth at 817-294-1900.