Fort Worth Injury Attorney Blog

Fort Worth crashes kill two and seriously injure five people

Wed, 18 Aug 2010 16:29:39 -0600

It has been a tragic two days on the streets of North Texas. Four large crashes have killed two people and seriously injured at least five others. My prayers go out to all those people and my sincerest condolences go out to the families of the deceased.
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First, a recent Keller High School school graduate died from injuries received in a motorcycle wreck late Monday evening in north Fort Worth. Austen Ussery, 18, had just received his diploma Friday night. It is not clear how the accident happened at this time.
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In addition, a man died and two others were hurt early Wednesday after their motorcycles wrecked in the 2100 block of North Collins in north Arlington. Alton Isaac, 49, of Arlington was unfortunately killed. .

"This is the 13th traffic fatality in Arlington this year," said Tiara Richard, police spokeswoman, in a news release. Investigators determined that the three men were southbound on North Collins, but it was unclear if they had been riding together, racing, or if alcohol or drugs were involved.
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As if that were not bad enough, two women were injured early Wednesday when a car that they were in hit a barrier on Northeast Loop 820, flipped over and slid upside down for dozens of yards, Haltom City police said. The women did not suffer life-threatening injuries and were rushed to JPS Hospital.

According to Haltom City police reports, a 23-year-old woman was driving a Nissan Altima when she attempted to change lanes and lost control of the vehicle. The car hit a barrier, flipped over and skidded upside down, Haltom City police said. A 24-year-old woman was a passenger in the car. Alcohol may have been a factor in the crash, according to police reports.
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Finally, a woman crashed into a parked train early Wednesday morning near Division Street and Bowen Road in Arlington, police said. The woman, who has not been identified, was taken by air ambulance to JPS Hospital for an injured leg, Arlington police spokeswoman Tiara Ellis Richard said.

The woman was on West Division shortly before midnight when her SUV hit a curb and then veered south onto Bowen. She then struck the train that was parked across Bowen Road near the Division Street intersection. Alcohol is believed to have been a factor.

I spoke to the Tarrant County young lawyers today

Fri, 13 Aug 2010 15:59:46 -0600

I just taught a class at the annual litigation seminar sponsored by the Tarrant County Bar Young Lawyers Association. The lectures were designed to teach younger attorneys how to try a lawsuit.

The topic I chose to speak on was how to methodically prepare for trial to ensure a successful verdict. I also compiled a detailed checklist that contained every step an attorney should take during the critical 100 days prior to trial so that the attendees would have a useful form to take back to their offrices. It doesn't seem that long ago that I was a member of the Young Lawyers Association, then realized it had been 31 years since I had joined!

I am sure that most people do not realize the inordinate number of steps and complicated procedures every case requires: interviewing witnesses, obtaining evidence, medical records and bills, lost wages, and other proof of damages, filing petitions, motions, and briefs, attending hearings, taking depositions, fighting with opposing lawyers, and the hundreds of other details that need to be taken care of before a case can go to trial. Obviously without a clear roadmap, it can be difficult to keep track of everything that needs to be done for 100+ cases simultaneously.

If you've been injured in an auto accident, call me at 817-885-8000. I will personally review your case and take the time to meet with you to discuss how I can help you.

Another successful case!

Thu, 12 Aug 2010 13:10:33 -0600

I was successful Friday in obtaining a $150,000.00 settlement at a hotly contested mediation for my client who was injured in a wreck but whose car showed very little property damage. The defendant's vehicle only sustained a scratch. Below are photographs of the two vehicles.

Because of the small amount of damage and other problems with the case, the original offer from the insurance company was only $15,000.00.

Further, the defense lawyer -- one of the most experienced in Dallas -- argued that my client had slammed on her box due to a box in the road ahead of her and thatcaused the accident, not their 19-year-old driver who admitted she wasn't paying attention when I pinned her down in her deposition. He also argued that my client, an athletic 32-year-old dance instructor had a neck injury before the wreck and that the wreck did not cause her injuries. He hired a doctor who wrote a lengthy report stating that she had serious osteophytic problems in her neck and would have needed surgery any way.

I took my client's surgeon's deposition -- until 9:30 one night -- and got him to state that the only reason my client needed surgery was due to the collision.

I subpoenaed the Defendant's cell phone records and proved that she was talking on the phone when the wreck happened, and that she lied in her deposition when she stated she hadn't used her phone just before the crash.

After filing suit and fighting hard for my client, the case settled for $150,000.00, TEN TIMES the original offer.

I was then able to reduce the amount of money my client needed to pay for her medical treatment by over $15,000.00. My client was ecstatic.

Toyota recalls another 412,000 cars

Mon, 02 Aug 2010 14:11:03 -0600

Last Thursday, Toyota announced it is recalling nearly half a million cars, most of them large sedans sold in the U.S., for problems that can cause the steering wheel to lock up. This is the latest sign that the automaker is still struggling with vehicle problems even as it works to overhaul quality control. This latest recall will affect 373,000 Avalon sedans and 39,000 Lexus LX 470 SUVs. The recall is Toyota's largest since announcing it would fix 600,000 Sienna minivans over rusting spare tire holders in April.

Since October, Toyota has recalled about 9.5 million cars and trucks in the U.S. This means that of the 24.1 million vehicles Toyota has sold in the U.S. since 1998, about 39 percent have been recalled by the company! Additionally, the federal government has slapped Toyota with a record $16.4 million fine for failing to promptly tell the government about its car defects.

If you have been injured in an auto accident, due to a defective vehicle, you should hire an experienced personal injury attorney to help you recovery the money you deserve. It is unacceptable that Toyota has had to recall almost 40 percent of their vehicles. Auto companies that make unsafe vehicles should have to pay for the harm they caused. Call me if you have been hurt in an accident and I will help explain the different ways in which you can be compensated for you injuries.

Possible DWI 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 3:00 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.

Fortunately, 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 this course, it will allow a greater role for religion in public life, corporations in elections, and guns in our lives. Abortion rights, affirmative action, and protections for people accused of crimes will be curtailed.

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, outcome-determinitive decisions that would be potentially harmful to our country.

Previous DWI by suspect in wreck that killed FedEx driver

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 wasn't the first time.

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 and 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.