Fort Worth Injury Attorney Blog

TCU Student DWI and DWT

Mon, 06 Feb 2012 11:42:26 -0600

A 21 year old TCU student, Catherine Ratelle, was arrested on Friday night after she had been drinking and texting while driving. She crashed into a tree near the TCU Library up the street.

Ratelle had a blood alcohol content of .15 -- almost two times the legal limit of .08.

She flipped her Jeep Liberty over and it landed on its side. It is lucky she - or other drivers -- were not seriously injured.

Ratelle was arrested and booked. She posted a $2,500 bond.

I often talk about the dangers of driving while intoxicated -- and driving while texting. This is the first time I've read about someone doing both at the same time.

I strongly believe -- along with 80% of Americans -- that cell phone texting while driving should be restricted.

After all, statistics show that using a cell phone (even hands free) is comparable to having a blood alcohol content of .08%. And that a driver is four times as likely to get involved in an injury collision if he is texting while driving. And that 25% of accidents involve distracted driving.

Why do we allow the tragic loss of life, tremendous injuries, and vast property damage, just so people can dangerously drive while they are not watching the road? DWIs are illegal. What aren't DWTs?

New York Times Picks Up My Idea About Saving On Car Insurance?

Sun, 05 Feb 2012 10:50:11 -0600

I suggested here last week that you call your company to complain about your high premiums for auto insurance and guess what, just two days later, the New York Times told people to do the same thing - and even with the same company, Liberty Mutual.

I realize that this was presumably a coincidence, but I was pleased that more people will now know how to save money.

I-35 Tractor Trailer Collision Successfully Resolved

Fri, 03 Feb 2012 11:18:28 -0600

I am pleased to announce a happy ending to a collision case that began in 2010 when my client, a student at the University of Texas, was involved in a five vehicle chain reaction as she was driving back to Austin.

I immediately sent my accident reconstruction expert to the scene and he was able to quickly obtain entry into the 18 wheeler's cab and download crucial data from the engine's black box. I did not want to run the risk of the data being destroyed or manipulated, which I have seen happen before. He also interviewed the investigating police officers and witnesses, measured skid marks, and took extensive photographs of the scene and all seven vehicles involved in three separate trips.

Fortunately, my client was in her SUV and the air bags deployed. Here's a photo:

I continued to work hard on the case. I gathered additional information and researched the defendant driver's background and driving history and the trucking company's safety record and policies.

This proved invaluable at mediation later when I was able to convince the other driver's insurance company's lawyers from Dallas that their 18 wheeler driver had been driving 66 mph in a 60 mph zone until two seconds before the crash. Further, I proved that his cruise control was engaged in a construction zone, which although not against the law, came in handy.

Fortunately, God was watching out for my client and she was spared serious injuries. She did sustain a fracture to her finger, a laceration to her mid body, and head, neck and back pain. She was traumatized by the experience.

The insurance company lawyers contended that my client was not seriously hurt, her injuries had largely resolved, and that most of her bills had been paid by health insurance (which greatly reduced her damages under the new Supreme Court decision in Escobedo).

I am not permitted to disclose the amount of the total settlement other than my client is receiving $75,000 in her pocket after payment of fees and bills.

She was thrilled and very nicely wrote that she and her parents were extremely happy and that "Mr. Berenson was very helpful and passionate about the case and our well being."

It was an honor to be able to assist this fine young woman and her family.

How To Save Money On Your Car Insurance - Part Two

Thu, 02 Feb 2012 14:13:29 -0600

My research into what different Texas liability insurance companies are charging drivers shows that there is a huge difference in rates that are being charged.

For example, compare the following quotes for the minimal liability policy of $30,000 for one person's injuries, $60,000 for every one's injuries, and $25,000 for property damage for these two men living in the 76107 zip code (west/central Fort Worth):

A. Married, 25-64 years old, no at fault wrecks and good credit:

AAA $311
Allstate Fire 202
GEICO 199
USAA 235
State Farm 452
Chartis 1,430

B. Single, under 25, with one at fault wreck and average credit:

AAA $1,955
Allstate Fire 1,560
GEICO 1,819
USAA 1,644
State Farm 1,942
Chartis 5,803

It obviously pays to shop around, as the first man can pay any where from $199.00 to $1,430 per year, and the second can pay any where from $1,560 to $5,802 (depending on his background).

Here's the link:
https://apps.tdi.state.tx.us/helpinspublic/Start.do?type=auto

10 Ways To Cut Your Auto Insurance Bill

Tue, 31 Jan 2012 10:31:46 -0600

Here are some ways to save money on your car and truck insurance:

1. Drive safely -- a good driving record reduces your premiums;

2. Grow older and get married (one good reason to do both);

3. Drive in smaller cities or out in the country;

4. Drive a mid size, standard car;

5. Drive as much as you can for personal reasons (not business);

6. Keep your credit score as high as possible;

7. Maintain your insurance, since you will be charged more if you let coverage lapse;

8. Take advantage of all available discounts, including defensive driving courses, driver education classes for young drivers and those with good grades, and multi-policy discounts (cover your cars and house with the same company);

9. Shop around for a cheaper policy. Useful rate information can be found here:

https://apps.tdi.state.tx.us/helpinspublic/Start.do?type=auto

10. If you are still paying too much, call your insurance agent or company, complain about the high cost of your coverage, and say you have to change carriers. I recently did that with Liberty Mutual and it agreed to reduce my payment by about 40%.

Why Has Texas Auto Insurance Increased? (Hint: It Is Not Due To Claims Or Suits)

Mon, 30 Jan 2012 16:05:22 -0600

A new study shows that higher costs for parts, an increased number of larger trucks and SUVs on the road, and more insurance companies owning body shops are to blame for us Texans paying the fifth highest rate for collision insurance.

So largely thanks to the high cost of repairing wrecked cars and trucks, we now pay the 11th highest rate for automobile insurance in the country. We are already paying the highest rates for homeowners insurance.

Texas liability coverage -- which pays when you are at fault in causing a collision -- is the 20th highest among the states. Texas increased its minimum liability limits from $25,000 to $30,000 per person at the beginning of 2011, causing some of the rise in premiums. The study also blames the rapidly rising expense for medical treatment.and higher number of uninsured drivers.

Overall, Texas drivers paid an average premium of $1,022 a year for insurance, more than the national average of $901. If you lived in Louisiana, you'd pay $1,270.00, the highest in the U.S.

Insurance companies build the cost of your hiring an attorney into the money they pay out in claims, as they do not want an aggresssive lawyer to sue them. And filing a claim or suit will not make your own insurance rates go up -- a common worry among my clients. If you have any questions about whether you should proceed against an automobile liability carrier if you have been injured in an automobile or truck accident, please call me at 817-885-8000.

Will New 75 MPH Limit IncreaseTexas Highway Injuries?

Fri, 27 Jan 2012 10:46:51 -0600

Yesterday the Texas Transportation Commisision raised the speed limit from 70 to 75 on nine of our interstates as soon as new signs are posted.

About 1,500 miles of interstates will be a little faster to drive on, with the longest stretch of 310 miles on Interstate 20 starting west of Fort Worth and going out to far West Texas. Here is the map of the affected highways:

View image

Other long stretches of highways are I-30 in East Texas, I-10 between San Antonio and Houston, and I-45 between Dallas and Houston.

As a personal injury lawyer specializing in auto and truck collisions, I have to wonder if increasing these speed limits will increase the number and severity of crashes .

After all, in 2010, there were 104,000 car crashes causes by speeding or failing to control speed. There were also 78,000 caused by driver inattention. Often both factors were listed on police report.

How many wrecks happened here? In 2010 there were 123 serious car crashes in Tarrant County, which led to 134 fatalities. And there were almost 1,000 accidents that led to injury codes on the police reports of either an A or B, the two most serious ones.

The total number of crashes was about 23,000 traffic accidents in Tarrant county.
That's 63 a day - on our slower roads.

Cowtown Kids 5K Race Receives Top National Honor

Fri, 20 Jan 2012 10:28:46 -0600

The Cowtown Kids 5K was just named the best Youth Running Event of the Year in the U.S.!

My heartiest congratulations go out to Heidi Swartz, executive director of The Cowtown, and her staff for working so hard to put on this race, as well as providing training programs, nutritional education, and financial assistance our area students.

The Cowtown CALF (Children's Activities for Life and Fitness) Council helps coordinate these programs. Last year, CALF helped distribute more than 600 monetary grants and 550 pairs of shoes to the Kids 5K participants. This year, more than 1,600 financial grants will be given to our local school children.

"For some of these kids, this is their very first pair of new shoes," Ms. Swartz said in the announcement.

As a member of the CALF Council, I will be going to schools in the next few weeks to help fit children in their new running shoes and encourage them to run in the 5K - and to keep on running. Any child who is already out there running is bound to excel.

How To Get The Maximum Recovery In A DWI Collision - And More

Tue, 17 Jan 2012 09:25:14 -0600

I am representing a young woman and her brother who were injured when a drunk driver, going the wrong-direction on Interstate 35 near Alvarado, crashed into their car head-on at over 70 miles per hour. The car was destroyed.

The young woman, a college student, required surgery to repair her broken ankle and sustained other injuries, including head trauma. Her brother was fortunately not hurt as badly. It is a blessing that they were not killed or more seriously injured.

I sent my investigator to photograph her injuries. I investigated the case and quickly submitted photographs and medical bills and records to the Defendant's high risk insurance company. Even with these facts, the adjuster tried to delay paying on the claim, requesting unnecessary extra documentation. I got on the phone and screamed at him and his claims manager, then sent the company a copy of the lawsuit I was about to file. The claims manager finally agreed to pay the full policy limits of the defendant's policy without further expense or delay to my client.

In more good news, I forced my client's family's insurance company to pay the full policy limits because it could not prove that he had officially rejected Underinsured Motorists coverage in writing. Even though it had not paid for this coverage, I got $30,000.00 more for this wonderful family.

My clients were obviously very pleased with the results of their case.

ERISA Plans and Subrogation: What Does This Mean?

Thu, 05 Jan 2012 11:18:56 -0600

Many of my clients with health insurance ask me if they will need to reimburse their health insurance carrier for medical bills it pays. The answer is, sometimes, and that the rules vary by plan. Each case is different.

One of the big factors in determining if and how much needs to be repaid is whether the plan is a so-called "ERISA" plan. As you can see, the rules and laws about ERISA plans are themselves very complicated. If you've been involved in a wreck, call my office to discuss your case. I will take the time to meet with you and explain the specifics of your case, including the effect health insurance will have.

What is an ERISA plan?

The terms employee welfare benefit plan and welfare plan mean any plan, fund, or program which was...established or maintained by an employer or by an employee organization...to the extent that such plan, fund, or program was established...for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any benefit described in section 186(c) [holiday benefits, among others] of this title (other than pensions on retirement or death, and insurance to provide such pensions).

FW Officer DWI - Again

Wed, 28 Dec 2011 12:16:26 -0600

Officer Daniel B. Gonzalez, 35, who was fortunately off duty, was arrested Monday at 4:30 a.m. at a restaurant on Loop 820 at North Beach on charges of DWI. Oh, and giving a gun to a felon.

Gonzalez has been on the force since 2002.

His friend, Bobby Joe Newton, 26, faces a charge of possession of a firearm by a felon and discharging a firearm within city limits.

The two were spotted shooting their guns at a street light by a constable who followed them to the restaurant.

This is hardly the first time that a Fort Worth police officer has been DWI. See Here and Here

It is frightening that those who "serve and protect" us -- from drunk drivers, among others -- choose to act like this. The FWPD must do a better job policing the police.

Happy Holidays!

Wed, 21 Dec 2011 10:30:00 -0600

I wanted to wish you and your family joy and happiness during this wonderful holiday season and prosperity in the coming year.

This has been another great year for my firm. I am proud that we have successfully represented over 250 people injured in collisions.

And I am proud that every one of my clients was very pleased with our services and their results.

We have fought hard and have received many significant verdicts or settlements in a tough anti-lawsuit, tort reform climate in a conservative venue.

I am truly honored to have had such wonderful clients! Thank you for the opportunity to serve you during your difficult ordeals.

Merry Christmas, Happy Hannukah, and Happy New Year.

North Texas Road Rage Continues

Mon, 19 Dec 2011 15:52:19 -0600

A North Texas man is in critical condition after he was shot in the head Friday night in rural Collin County.

The incident started in McKinney when a Ford Taurus cut off a Ford pickup.

Bobby Schule, 47, of Flower Mound (see photo) chased the car for 10 miles into rural Collin County.

Schule caught up to the car, fired a gun, and hit the passenger in the head.

Schule sped off, but a Texas Department of Public Safety trooper in pursuit chased him down.

Police arrested Schule on a charge of aggravated assault with a deadly weapon, a second-degree felony. He is in the Collin County jail, and bail is set at $25,000.

The passenger is in critical condition at Parkland Hospital in Dallas.

Schule told officers that he fired the gun but did not intend to hit anyone,

Really?

Coming the day after the tragedy in Arlington where a driver who was high killed two people, one by firing his gun at a Good Samaritan coming to his aid (see earlier blog post), our roads seem like they are getting extremely dangerous.

I urge drivers to exercise extreme caution, obviously not to engage in horseplay or risky maneuvers, and call the police if you suspect you are the victim of road range.

Drunk Dallas Teenager Kills Motorcylist

Sun, 18 Dec 2011 15:22:14 -0600

A drunken driving suspect, 18 year old Joshua Reyes, crashed into a poor guy riding his motorcycle in University Park early Sunday morning.

Danny Ray Viola, 56, of Dallas was southbound on Preston Road at 12:40 a.m. when he collided with a speeding Honda Civic that ran the light at University Boulevard.

Viola was taken to Parkland Memorial Hospital, where he was pronounced dead on arrival.

Reyes (see photo) was taken into custody on a charge of intoxication manslaughter.

This story really makes me angry.

I hate drunk drivers. And don't drink much alcohol. And sympathize with law abiding motorcyclists and bicyclists. And my only child goes to SMU and lived in a dorm a block from the scene for two years. And I spent three years studying at SMU Law School a block in the other direction.

There has to be a way to crack down on the wide spread culture of drinking and driving, especially when it kills innocent drivers. I have had to handle far too many DWI cases over the last 31 years.

Arlington Man's 8th DWI Gets Him Long Sentence - Finally

Sat, 17 Dec 2011 15:35:00 -0600

His 8th DWI conviction???

Michael Smth, a 54 year old resident of Arlington, was convicted Friday and sentenced to 55 years in jail on Friday.

Hopefully this will keep him off our streets. For the rest of his life.

Smith was pulled over in Arlington in January when he was spotted weaving in traffic. A beer can fell out of his car when he was asked to exit his car.

His blood alcohol content was a staggering .24% -- three times the legal limit.

Tarrant County jurors were told that Smith had 12 prior convinctions, including the 7 for drunken driving.

His longest jail sentence to date has been 3 years.

Think there's something wrong with our system of dealing with DWIs?