Fort Worth Injury Lawyer Blog

As we are in the midst of an economic downturn, two of the largest and most profitable insurance companies operating in Texas (Allstate and State Farm) have filed rate requests with the Texas Department of Insurance. Allstate filed for an increase of 3.6% for Allstate Indemnity (affecting 694,000 drivers) and for 5.5% for Allstate County Mutual (affecting 435,000 drivers). State Farm’s hike in rates will be 2.4% for State Farm Mutual and a whopping 7.3% for State Farm County Mutual. Ouch!!!

I am skeptical of the stated reasons of a greater frequency of claims and rising costs of bodily injury claims. Having been in the business for 17 years, I certainly don’t see it. I think this is just another example of corporate greed. And as the leader of Texas Watch (the consumer protection group) said, this comes “at a time when Texans are struggling to keep up with the rising costs of gasoline, food and housing.” Great going, Allstate and State Farm.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Auto Accidents , News to Use

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A quirk in the law has allowed a dog bite to go unpunished. Earlier this month, a five-year-old Denton County boy was attacked by a pit bull after the dog dug under a neighboring fence. The child’s mom rushed him to the hospital where his significant wounds were treated. The doctor advised that if the dog had some sort of disease, that the stitching could make things worse as the disease would be trapped in him. The mom decided against stitching, which makes complete sense.

The dog was properly quarantined for 10 days, but because there were no stitches, he was released to his owner with no further repercussions. Last night, KXAS reported that if the child would have had stitches, then the dog would have possibly been put down after a hearing by a judge.

Who would have thought that the mother’s decision to not let her son have stitches would let the dog off? Why do stitches make a difference? Since the dog’s fate would not be decided until a hearing is held, then the fact of stitching should make no difference. I am not saying this dog needs to be put down, but that should certainly be considered--stitches or not. Here we have an innocent five-year-old playing in his own backyard. I would assume that he will be absolutely petrified to go back there and play again. It's like her son is being punished and not the dog! Sounds like a quick in the law which needs to be fixed.

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Posted In: Dog Attacks

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The City of Fort Worth, Texas turned on its ninth red light camera today. This one is at the intersection of East Lancaster and Sandy Lane. These cameras take still pictures of the front and back of your car if you run a red light. You then receive a $75 citation in the mail. While they obviously collect revenue for the City, the main purpose is to discourage people from running the red lights and causing accidents. The other intersections where cameras currently operate are:
• Eastchase Parkway and Meadowbrook Blvd
• E. Long Avenue and Deen Road
• S. Hulen Street and Bellaire Drive South
• McCart Avenue and Westcreek Drive
• Bryant Irvin and West Vickery Blvd
• Eighth Avenue and Elizabeth Blvd
• N. Beach Street and Western Center Blvd
• East Lancaster and Riverside Drive

As a lawyer who handles car accidents, among other cases, I am acutely aware of the dangers caused by running a red light. The impact is often in the side of one of the cars (called a T-bone) and results in horrible injuries as there is not much protection on the side of your car. The Insurance Institute for Highway Safety has reported that in 2006, in the United States alone, there were 171,000 crashes, 144,000 injuries and 887 deaths related to red light running.

So, do these cameras work? Yes, they do. Like everyone else, I try not to run red lights. On my way to and from work, I go through one of the intersections with a red light camera. I must say that I am a lot more careful and aware at this intersection. More important than my personal observations are the statistics. The statistics also show that these red light cameras definitely help to reduce accidents. Many cities across Texas and the United States have installed them and have reported a large decrease in both red light violators and crashes. Other local cities that have them include Arlington, Grapevine, Southlake and Dallas. There has been a reported 20% to 50% in crashes at these intersections. Sounds like a good thing for the local cities to do.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Auto Accidents , News to Use

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The Houston, Texas jury has spoken and has rejected the claim brought by a Continental Airlines flight attendant against mega church pastor Victoria Osteen. At the beginning of the trial, I noted that the trial should be interesting and that the plaintiff better have good evidence of damages. After reading about the trial for a week, it is clear that damages weren’t the only problem faced by the plaintiff. The evidence apparently was overwhelming that no assault occurred. Besides Mrs. Osteen, other passengers and even Continental co-employees all testified that no assault occurred.

At the start of the trial, I had assumed that there would be better evidence presented of an assault. I based that assumption on the fact that the FAA had fined, and Mrs. Osteen had paid, a $3,000 fine as a result of the incident. I guess I assumed that the fine would have been challenged, and won, had no assault occurred. Maybe the plaintiff’s lawyer made the same assumption and put all his eggs in that basket.

These types of cases aren’t representative of the cases tried at courthouses around Texas, but they are the ones that get all the press. This case highlights the need for lawyers to get all the facts they can before they pursue a case this far. If a case is a swearing match between the participants, but all the witnesses favor one side, that side will win every time. The juries usually get it right.

I wonder who will star in the next “celebrity” lawsuit? Stay tuned.

(Photo courtesy of ABCnews.com)

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Trial News

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The still developing news surrounding the bus wreck in Sherman, Texas is extremely disturbing. When I first blogged about this accident that killed 17 Vietnamese church-goers, the word of the accident had just reached the news media. At that point, no one knew what caused the wreck to happen. I had a feeling that the investigation would reveal it would be yet another preventable accident involving a charter bus. Well, my suspicions were correct. Here are a few of the many ways this wreck could have been prevented.

Better Driver Screening – the driver had been convicted of DWI and also had convictions for assault, criminal trespass and a felony of unlawful use of human services--not the kind of person you want driving your bus.

Better Company Screening – the owner of the bus company had been shut down in late June due to a poor review by federal regulators. So, the owner simply started a new company and applied for a new license. The Federal Motor Carrier Safety Administration has now stopped granting licenses nationwide to new bus companies until it gets it computer system updated to catch these types of name games. Did the federal government not think of this before this wreck?

Mandate Safer Buses – Per the National Transportation Safety Board, the owner put on recapped tires in violation of federal law. That is hard to police, as “bad” bus operator will always try to skirt the law. But the federal government should at least mandate that buses use available safety features and not allow the buses on the road until the buses comply. A good start would be to require lap and shoulder belts and to use laminated glass (to help prevent ejections). Until the government mandates these changes, the bus companies undoubtedly will not step up and do the right thing.

These suggestions are easy to implement. Let’s get them done now before another preventable bus wreck occurs.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Accident Investigation , Truck & Bus Wrecks , Wrongful Death

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Yesterday, the Federal Drug Administration (“FDA”) issues a warning about the use of Simvastatin and Amiodarone together. The FD warned that these two drugs used together can cause a muscle injury called Rhabdomyolysis, which can lead to kidney failure of even death. This wrning, which is issued to healthcare professionals, says the risk is dose related and increases when the dose of Simvastatin is greater than 20 mg per day.

So who is taking these two drugs together? Simvastatin is used to lower cholesterol. It is marketed under the trade names Zocor, Simvastatin, Simlup and Simcard. It is designed to decrease the user’s LDL level. Amiodarone is a medication used to treat irregular heart beat.

So if you are being treated for high cholesterol and irregular heart beat, take a look in your medicine cabinet. If you are taking these two drugs, call your prescribing doctor and talk about this new warning. They should know about the new warning, but it is good to bring it to their attention. And don’t underestimate the problem of Rhabdomyolysis just because it is defined as muscle injury. It can indeed be minor soreness, but I know from first hand experience the dangers of “rhabdo.” A few years ago I represented many individuals (and their families) who had rhabdo which lead to kidney failure and death after they took the cholesterol lowering drug Baycol. That drug caused so many problems, it was taken off the market. So again, I stress, don’t be a victim, take matters in your own hands and talk to your doctor about your medication options.

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Posted In: Dangerous Drugs , News to Use

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Today, the New York Times had an article on a soon to be released study which analyzes the decision to settle of go to trial. The study, which will be published in the Journal of Empirical Legal Studies, is based on over 2,000 cases which have recently gone to trial. It found that plaintiffs made the wrong decision to proceed to trial in 61% of the cases and that the average difference between the rejected pre-trial offer and the final award averaged $43,000. On the other hand, the study found that the defendant was wrong to go to trial in 24% of the cases, but the consequences were much worse, as the difference between the rejected offer and the final award averaged $1,140,000. The study found that in 15% of the cases both sides were right to go to trial, which means the defendant paid less than the plaintiff wanted but the plaintiff was awarded more than the amount of money offered by the defendant.

So, what does this study tell us? In my opinion, very little. First of all, each case is different and to base a settlement decision on a study is flawed reasoning. Each litigant must rely in large part on the advice of their attorney. The parties have to hope they have retained an experienced litigator who fully understands their case. The attorney must understand the good and the bad parts of the particular case, and believe me: all cases have strengths and weaknesses. Many factors go into a case evaluation: witness credibility, evidentiary evaluation, venue considerations (how do juries in your locale look at your particular case) and the tendencies of the particular judge hearing the case. These are just a few of the many, many things an experienced litigator must take into account in coming up with his or her recommendation on whether to settle the case or to pitch it to a jury.

Another problem with studies such as this is they do not take into consideration the settlement discussions of the parties. Sometimes one side or the other makes no reasonable attempt to get the matter resolved. If the plaintiff hangs the fruit too high, so to speak, then the defendant is not inclined to make a reasonable offer as it will be thought of as useless. Or if the defendant only is offering a token amount when the case is worth much more, then the plaintiff will not be inclined to make a demand in the “range of value.” So how does a case get productive negotiations going? Usually it takes lawyers on both sides who understand the case and it usually takes a good mediator who will take the time to understand the case and help the parties see if a settlement can be reached. The statistics here in Texas show that most cases settle at mediation or soon thereafter.

This study reinforces two things I already knew. One, the parties must make sure they hire the right kind of lawyer for their case, which usually means an experienced specialist in the field that their case involves. The other thing that this study reinforces is that the lawyer needs to make sure he or she does everything they can to properly evaluate the case and prepare it for trial. If the attorney does their job properly, then there is a good chance the value of the case will be properly targeted. And if it settles and that is what the client wants, then that is good—and if it goes to trial, the attorney will be ready to put on the best case possible

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: News to Use , Trial News

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A report on CNN just detailed a horrible bus accident which occurred earlier this morning in Sherman, Texas. The bus was carrying passengers of all ages from a church with a large Vietnamese congregation. The scene is currently being treated as a crime scene, but the current speculation is that the bus apparently blew a tire and ran off the road, catching fire. There were eleven passengers who were pronounced dead on the scene. Eighteen medical helicopters transported many injured passengers to hospitals in Dallas, Texas and in Oklahoma City, Oklahoma. The CNN report also said that two more passengers died in the hospital, bringing the total current death toll to 14. The National Transportation Safety Board is on the scene and conducting its investigation.

While we take the safety of commercial buses for granted, it seems like every year there is a terrible crash in Texas. Oftentimes this is the result of driver error by the bus driver of inadequate maintenance by the bus company. I don’t know what the ultimate cause of this accident was, as it is still too early. A detailed investigation needs to and will occur. But my fear is that we have just witnessed another accident that could have been avoided. Tragic news.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Accident Investigation , Truck & Bus Wrecks , Wrongful Death

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A civil assault case pending in Houston against Victoria Osteen is set for trial this week.  Mrs. Osteen is the co-pastor of Houston’s Lakewood Church and the wife of Joel Osteen, well known author and her co-pastor.  The facts as contained in the FAA report on the incident are rather bizarre: apparently Victoria was upset over her dirty seat in the first class section on a flight to Vail back in 2005.  According to the report, after she complained about the seat, she followed a flight attendant to the cockpit when she pushed and elbowed another flight attendant in an attempt to get to the cockpit.  The FAA fined the brawling pastor $3,000 for interfering with a crew member during flight.

Assault cases are usually only found in criminal courts.  It is extremely unusual to find one in the civil system—where the relief sought is compensation.  I frequently receive calls from folks who were “beat up” or otherwise assaulted.  Why do I not take these cases?  The main reason is there is no way to ever obtain any monetary compensation for my client.  Insurance policies do not cover “intentional acts”—which is just what an assault is.  And most folks do not have the financial means to pay a judgment against them.  Sometimes the injured party might be eligible to receive some compensation through the Crime Victims’ Compensation Program, and I advise them of that possibility.  So what makes the Victoria Osteen case the exception to the rule?  She has money!  She has hired a well known attorney (who does not come cheap, I assume) and is prepared to fight this case.  It should be a very interesting trial, although the facts are not that interesting.  If true, Mrs. Osteen should know better than to act like that.  I have no idea about the alleged injuries by the plaintiff, but the better have some good evidence or she will look like she is being greedy suing the wealthy pastor.  All in all, this is not your typical case.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Trial News

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There have been several deaths caused by motorcycle accidents in Tarrant County, Texas over the past several weeks. Just this week, a Tarrant County Bailiff died in a wreck in Hurst, Texas on his way home from work when a driver of a car apparently did not see him and turned right into his motorcycle. Also this week, a Colleyville, Texas man died in north Fort Worth in what appears to be a wreck that did not involve any other vehicles. It is believed that he hit a curb on a curve in the roadway.

These motorcylce accidents serve as reminders that riders face many dangers that car drivers do not. Sometimes drivers just simply do not see the motorcycles—which might be the case with the Hurst rider's death. Or a simple mistake like hitting a curb can lead to tragic results, like in the Colleyville man’s death.

The protection for a motorcycle rider is extremely limited. Leather can help reduce certain injuries and helmets can help with head injuries, but besides that there is really no protection. That is why motorcycle riders must be extremely more careful than drivers of cars. It is a matter of self-preservation.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Motorcycle Accidents , Wrongful Death

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This past weekend I drove up Highway 287 northwest of the Fort Worth area. There were far more than the normal amount of motorcycle riders traveling on this road, as many were headed to the famous Sturgis Motorcycle Rally in South Dakota. Sturgis draws about 500,000 motorcycle enthusiasts each year. I have never been, but I hear it is an unbelievable experience.

I paid attention to the riders and all but one seemed to be excellent drivers. One idiot felt the need to play cat and mouse with me, passing me then slowing down to force me to pass. Of course, this was late at night and he was not wearing a helmet. But he definitely was the exception to the rule. Please, please wear helmets and ride as if you are invisible. Some call it defensive driving, but for motorcycle riders it is called survival.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Motorcycle Accidents

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There has definitely been an increase in oil and gas drilling rig-related deaths and injuries in our area recently. Offshore drilling accidents have been in the news for years. But now with all the Barnett Shale activity in Tarrant, Wise, Parker and Johnson Counties, the reports of accidents seem to all be local.  I remember two years ago when a gas well explosion in nearby Forest Hill evacuated 500 people and killed a contractor.  And then, just this week, a Runaway Bay man died working on a drilling rig in Burleson when a hoist broke and a piece of pipe fell on his head.  Many other injuries have been reported in the meantime.

Drilling for natural gas is a dangerous job, there’s no doubt about that.  And with nearly 2,000 rigs in the United States and a great number of those here in Texas (Tarrant County, especially), there is a much greater chance for oil field-related accidents, injuries and deaths.  That Forest Hill explosion was investigated because it turned out the operators disregarded safety regulations.  The U.S. Department of Labor’s Occupational Health and Safety Administration Web site on oil and gas well drilling and it is extremely informative on drilling safety.  Everything from maintenance and inspection to prevention practices and emergency training—it’s all very informative and relevant to the area we live in.  For more information on oil and gas drilling safety tips and anything else you might care to know about this industry, I also recommend searching around the American Petroleum Institute (API) Web site. This is the site of the petroleum industry's main trade association.

Posted by Mark A. Anderson | Permalink | Email This Post

Posted In: Oil & Gas Injuries , Wrongful Death

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