Fort Worth Injury Attorney Blog

Possible DUI leads to crash with fire truck

Tue, 27 Jul 2010 13:01:56 -0600

An Irving fire truck that was parked to protect workers after one traffic accident was hit by another driver in a pickup truck early Monday morning.

Police believe the driver of the pickup may have been intoxicated.

The fire truck was working as a "blocker," parked a few hundred yards behind single-vehicle rollover crash on southbound Walton Walker Blvd. just north of Highway 183.

At approximately 3 a.m., the pickup driver was traveling south on Walton Walker and struck the fire truck from behind.

Firefighters had to pry open the wreckage to free the two men in the truck both of whom were injured.

No firefighters or emergency workers were hurt.

If you are injured as a passenger in a wreck, you are almost always entitled to recover money for your injuries. If the driver of your vehicle is at fault, you can file against their policy, and if another driver was responsible, you can file on theirs. Additionally, there may be multiple supplemental coverages on your drivers or your own policy that I can help you recover.

Call my office today at 817-885-8000 for a free case evaluation and a no-obligation consultation to discuss your case. I have been fighting for injured Texans for over 30 years and will get you the maximum amount of money possible. The sooner you call, the sooner I will start working hard for you.

The Supreme Court is becoming more conservative

Thu, 22 Jul 2010 12:45:23 -0600

In the five years Chief Justice John G. Roberts has sat on the Supreme Court, the court has not only moved to the right but also become the most conservative one in living memory.
If the Roberts court continues on the course suggested by its first five years, it is likely to allow a greater role for religion in public life, to permit more participation by unions and corporations in elections, and to elaborate further on the scope of the Second Amendment's right to bear arms. Abortion rights are likely to be curtailed, as are affirmative action and protections for people accused of crimes.

In its first five years, the Roberts court issued conservative decisions 58 percent of the time. And in the term ending a year ago, the rate rose to 65 percent, the highest number in any year since at least 1953.

Four of the six most conservative justices of the 44 who have sat on the court since 1937 are serving now: Chief Justice Roberts and Justices Alito, Antonin Scalia and, most conservative of all, Clarence Thomas. (The other two were Chief Justices Burger and Rehnquist.) Justice Anthony M. Kennedy, the swing justice on the current court, is in the top 10. The Roberts court is finding laws unconstitutional and reversing precedent. the ideological direction of the court's activism has undergone a marked change toward conservative results.

As a personal injury trial attorney, the decisions handed down by the Supreme Court affect my clients' rights as well as the future of this great country. A Supreme Court that is overly conservative or overly liberal could make politically biased decisions that would be potentially harmful to our country. Hopefully, the recent additions of Justice Sonia Sotomayor and soon to be Justice Elena Kagen will help the Supreme Court stay politically neutral and balanced.

Suspect in wreck that killed Fedex driver had previous DUI

Sun, 18 Jul 2010 10:40:27 -0600

The man who police say caused Monday evening's violent crash that killed a FedEx delivery driver -- is suspected of driving drunk, and it's not the first time.

Irving drunk driver kills Fedex truck driver

Tue, 13 Jul 2010 10:44:34 -0600

The driver of a Fedex delivery truck, Khaled Abushaaban, was tragically killed yesterday when a drunk driver in a pick-up truck hit his truck head-on on Highway 114 in Irving.

The FedEx truck was split open by the impact and packages were strewn across the highway and into the median, where the vehicle came to a stop.

Abushaaban was a father of a young daughter; his wife is pregnant with a second. My thoughts go out to his family and friends. I wish people would realize that the dangers of driving drunk are real and tragic. It seems like every day another North Texan is being killed in collisions with drunk drivers. It makes me sick.

If you or a family member has been the victim of a drunk drivers despicable and dangerous behavior, call me at (817) 885-8000 and I will help you recover every penny available for your injuries or loss.

Insurance Companies' Fraud Continues

Thu, 08 Jul 2010 14:25:39 -0600

I have written about how many insurance companies use illegal and improper handling claims practices Now Travelers has jumped on the bad behavior bandwagon.

Texas Attorney General Greg Abbott, not known for criticizing insurance companies or big businesses, just ordered Travelers Insurance to stop airing a deceptive TV advertisement.

Thursday's cease and desist letter says the ad wrongly tells Texas homeowners to purchase additional vehicle insurance or risk losing their homes if they have inadequate insurance after a traffic accident.

The truth is that state law already protect homeowners, so "it is improper for Travelers to scare Texans into buying insurance they may not need, " Abbot explained.

Under the Texas Deceptive Trade Practices Act, Travelers could be liable for up to $20,000 for each airing of the ad.

I'm disgusted with Travelers over trying to rip off Texas consumers. Is it not enough that this megabillion dollar corporation already rakes in billions of dollars every year in premiums? Is not enough that they refuse to offer fair compensation to the innocent victims of their drivers' negligence? Now they are scaring people into paying them even more so they can make even bigger profits?

I am currently fighting with Travelers on several cases. In one of them, it is refusing to pay for my client's shoulder surgery that has been recommended by two different doctors. My poor client, David, is unable to work and his pain is unbearable. But of course Travelers only cares about their own bottom line, so it is requiring David to go through very painful physical therapy which is not helping and which both doctors have said will not heal him. I'm fighting hard and I won't stop until my client gets the medical treatment he needs and the maximum recovery he deserves.

If you have been injured in a car wreck, e-mail or call me today at 817-885-8000.

I just got back from running a marathon in Oregon, my fifth marathon in the last five months, so you know I'll go the distance for you.

Drunk Driving Victims Allowed To Be Honored in Texas

Wed, 07 Jul 2010 10:17:40 -0600

As I have written about numerous times in the past, something needs to be done to convince motorists that driving drunk is dangerous and stupid. Over 12,000 people die every year as a result of drunk driving -- one-third of all traffic fatalities.

Fortunately, several states have taken a few steps to combat the problem. One adopted by
Texas and five other states allowsthe families of people killed by drunk drivers to put up signs at the spot of the crash to both honor their relatives and to remind people of the danger that drunk driving creates. Across America, makeshift memorials dot two-lane roads, highways and interstates, sad tributes to people killed in crashes. Some feature crosses, teddy bears or flowers. Others have Bibles or pictures of the victim.

Toyota Waited Two Years To Announce Latest Recall

Tue, 06 Jul 2010 10:27:23 -0600

Toyota knew back in 2008 about the engine problem that prompted its latest Lexus recall. They even changed the spring part to correct it but did not think a recall was warranted until recently, a company official said today.

On Monday, Toyota Motor Corp. started a global recall due to engine defects in its several Lexus models sold around the world. 270,000 vehicles will be recalled to replace valve springs -- crucial engine components that are flawed and could cause vehicles to stall.

In August 2008, Toyota changed the sping, making it thicker, to prevent the problem, according to spokesman Hideaki Homma. That is why this recall does not apply to vehicles produced after that time.

Toyota originally thought that it would only affect a few vehicles, but the complaints started pouring in. Still, it did not start a recall until this week.

Toyota should be ashamed of this behavior. After all the recalls they've made in the past year, they should know by now that they need to act quickly to protect consumers -- innocent victims in Toyota's attempts to save money.

Over the weekend I was contacted by a man whose fiancee's 2005 Toyota accelerated as she was parking and caused her to drive through the front of the couple's home. Toyota needs to acknowledge its mistakes and correct them as quickly as possible.

If you have been injured due to a problem with a Toyota vehicle, call my office today at 817-885-8000 for a free case evaluation and to discuss your rights. You may also fill out this form to e-mail us.

Supreme Court Kagan Will Join Is Conservative And Fractured

Thu, 01 Jul 2010 13:13:11 -0600

Now that Elena Kagan will fortunately be confirmed as a Supreme Court justice, I wanted to examine the current Court's philosophy and members.

First, it is exciting for women that for the first time in our country's history, three females will be serving on the highest court. It wasn't so long ago that Sandra Day O'Connor became the first woman to do so in 1981.

In addition, there will be six Catholics and three Jews on the Court for the first time in history.

As a personal injury trial attorney, the decisions handed down by the Supreme Court affect my clients' rights as well as the future of this great country.

It was just last June that the Court's annual term ended with both restraint and a suspense, as the justices left the Voting Rights Act intact and ordered reargument in Citizens United v. Federal Election Commission, the controversial campaign finance case.

Now, just a year later, the decisions from the Court have changed -- for the worse. Judicial activism is rampant. Strict Constitutional construction has gone out the window as outcome-determinitive results rule the day. Republican versus Democratic, conservative versus liberal/moderal fault lines have erupted. Important precedents are often set with the slimmest 5-4 margins. Decisions are frequently unpredictable and logic specious.

That will only intensify with the retirement of Justice John Paul Stevens, a 35 year veteran of the Court and the leader of its liberal wing, even though he is being replaced by Kagan.

Kagan's Supreme Court Confirmation Hearings Begin Today

Mon, 28 Jun 2010 14:04:53 -0600

Elena Kagan, the first female to serve as the U. S. Solicitor General, is widely expected to be confirmed as the next Supreme Court justice to replace retiring John Paul Stevens.

She began the lengthy confirmation procedure by meeting with the Senate Judiciary Committee today. Questioning begins tomorrow.

Ms. Kagan, who was born and raised in New York City, graduated from Princeton, Oxford, and Harvard Law Schools. She served as a law clerk at the U. S. Court of Appeals and Supreme Court. She then became a professor at the University of Chicago Law School before leaving to become Associate White House Counsel and Adviser to President Bill Clinton. Ms. Kagan then became a professor at Harvard Law School before being named its first female dean.

Ms. Kagan's career has been impressive. She appears to be well suited to handle the intellectual rigor of this, one of the most important legal jobs in the country.

Drunk teen kills young passenger

Fri, 25 Jun 2010 15:35:54 -0600

A 14-year-old girl was tragically killed this morning when 18-year-old Denmark Van Savier crashed into a light pole in the center median of a six-lane divided road in Dallas. The deceased was not wearing a seatbelt and was ejected from the car and killed instantly. The five other passengers were taken to the hospital and the driver, Van Savier, is still in critical condition. Van Savier will likely be charged with intoxicated manslaughter and intoxicated assault since he was drunk when he hit the pole.

Accident such as these are so senseless because they could be avoided if people would simply obey the law. Drunk driving is inexcusable. So many of my client's have been hurt by drunk drivers and it makes me sick. I have a young daughter and couldn't imagine if I lost her to a drunk driver. I have no sympathy for drunk drivers and do everything I can to make them pay for the damage they cause.

The young girl who died in this accident could of likely been saved if she was wearing a seatbelt. Texas law now requires all passengers to where seat belts, even the people riding in the back seat. I wrote an article a few weeks ago about the "Click it or Ticket" campaign that the state of Texas sponsors every year. Wearing a seatbelt will not only save your life, it can save your pocket book.

If you have been hurt by a drunk driver call me and I will fight hard for you. I have been helping people for over 30 years and know how to make drunk drivers pay for hurting you.

Dallas man dies after crashing into tow truck.

Thu, 24 Jun 2010 16:38:53 -0600

A driver was tragically killed early Wednesday morning on the LBJ Freeway when he crashed his Honda into the side of a tow truck.

A tow truck was parked in the median of westbound lanes of I-635 where the Greenville Avenue on-ramp begins. The tow truck driver had just finished helping another motorist change a tire.

The driver of the tow truck was preparing to drive away when the Honda drifted off the main lanes of the freeway and crashed into the truck. Sadly the impact killed the Honda driver instantly.The tow truck driver thankfully suffered only minor injuries.

This accident reminded me of a case I handled a few years ago. I represented a wonderful man who was injured in an accident while driving a tow truck. My client was helping move a stalled car off the freeway when his truck was rear ended at highway speed by a pick-up truck. My client was could have been killed.

Study Finds Elderly Drivers Safer

Wed, 23 Jun 2010 10:17:52 -0600

Most people assume that the worst drivers are either the youngest or the oldest.

But a new study released this week shows that while older people are driving more, they are causing fewer collisions.. Overall, the fatal accident rate for drivers over 55 has dropped by 37% in recent years. And drivers over 80 had an even sharper decline, with fatal accident rates dropping 47%.

My Golden Achievement Award

Tue, 22 Jun 2010 16:45:25 -0600

I am proud to announce that I was again awarded the FWISD's Golden Achievement Award for Partnership Excellence.

I decided to adopt the Rufino Menoza Elementary School six years ago. This is a wonderful, hard working, 99% Hispanic school on the North Side. It is named in honor of Fort Worth's first Hispanic police chief.

I have focused on supporting Mendoza's after-school running club, since I have belatedly something of an exercise fanatic in my 50s. I enjoy running and walking with the children around the school and cheering them on at their 5K races.

I have also paid for registration fees, prizes and medals to students and faculty, hats and gloves, and books and athletic supplies, including the first ever Mendoza Running Club t-shirt.

I have spoken to the kids at every opportunity in an attempt to motivate them to study as hard as possible, stay in school, pick a career, go to college, and achieve their dreams. I have participated in every Career Day program and talked to the children about their studies, ideal jobs, college plans, and goals. I have urged the children to study, exercise, eat healthy foods, and do the other things necessary to excel.

I fervently believe in the importance of hard work, physical fitness and proper nutrition and want to teach those important messages to our children to improve their lives.

I want to try to make a difference in the lives of our local children and invest in the future of this wonderful city.

Check Out My New Videos From Clients!

Mon, 21 Jun 2010 17:03:31 -0600

I am delighted that 100% of my clients are very happy with their results and would recommend me.

I just started asking clients to review me on tape a few days ago when they come in to pick up their checks from their verdicts or settlements. The first four are posted here. Before that, we were asking clients to complete questionnaires and some of those are posted here.

It has been another successful month here and I have already successfully resolved eight cases. But we have signed up nine new ones. Things are hopping here at Berenson Law!

"I was in a car accident five months ago, a side-swipe. The other company wasn't going to pay me. I had to hire Mr. Berenson and he got the max from the other insurance company. He also went to bat for me with my insurance company and got the max there. I am so happy that I hired Mr. Berenson and I would highly recommend him to anyone."

"My name is Gregory Pollock. I'm a tow truck driver. I was rear ended by and 18-wheeler. When the insurance company did not want to pay for my surgery, I hired Bill Berenson to aggressively pursue my case. I would recommend him to anyone."

"My name is Vickie Grogan. I got in an auto accident in December. I hired Mr. Berenson. He did a wonderful job. He got me the maximum amount of money, and I was greatly satisfied with his services."

"I was involved in an accident August the 31st of '08. There was minor damage to the car, but I had severe pain. I went ahead and went on my honeymoon. When I got back, the insurance company didn't want to pay and come to find out, I had to have five surgeries. Mr. Berenson went after the insurance companies after they said they wouldn't pay. He got all he could get out of them (policy limits from three different policies). We were very pleased with his services and would recommend him to anyone."

GO HORNED FROGS!

Fri, 18 Jun 2010 16:04:07 -0600

The Texas Christian University baseball team is in Omaha, Nebraska to play in the College World Series for the first time ever.

Even though I graduated from UT and SMU Law, I wish TCU the best of luck. My Horns have been in the CWS many times, so I'm glad TCU now has its chance to become national champions. After all, I've lived in the TCU area for over 30 years and it's my home. My daughter went to school with the chancellor's daughter. And I run and work out at the TCU Recreation Center or track three or four times a weekand taken classes there, and I love the school.

After last year's impressive football season and now this College World Series appearance, TCU has become an athletic powerhouse in recent years.

GO FROGS.