Fort Worth Injury Lawyer Blog

A University of Texas linebacker suffered a concussion last week after his car crashed into an Austin apartment building on June 24.

Sergio Kindle of Dallas and a senior at UT this year, was either sending or receiving a text-message when he slammed into the building, causing $8,700 in property damage. He was able to get out and pull the car back onto the street and fortunately, no one inside the building was injured.

Kindle was examined by team doctors who diagnosed him with a concussion, however he did not have to go to the hospital. According to his attorney, Kindle plans on paying for the damage himself, or through his car insurance if it will cover the accident.

An accident report was filed through the Texas Department of Transportation (TxDOT), but no charges were filed since no one was injured and it was an accident.

Kindle had a successful season last year, but in 2007, he was forced to miss the first 10 games for suspension relating to a drunk-driving arrest.

Since Kindle was at-fault for this accident and he hit a stationary object, there is no room for him to make a personal injury claim if he suffered long-term injuries. Unfortunately, he will just have to pay the property damage and any medical bills with his own insurance, or out-of-pocket.

If you have questions about personal injury accidents in Texas, contact Board Certified Injury Attorney Mark A. Anderson online, or by calling 817-294-1900.

June and July are officially designated National Fireworks Safety Months. Each state has differerent laws regarding the use of fireworks based on factors determined by the state fire marshalls. Texas, like most Midwestern states, allows the use of all consumer fireworks and requires those who operate special effects to have a permit and be at least 21 years of age. You must be at least 12 years old to purchase consumer fireworks.

Here are some safety tips to keep in mind as the 4th of July holiday weekend approaches. Information provided by the National Council on Fireworks Safety:

* Use ALL fireworks and sparklers outside
* All users should be at least 12 years old
* Obey all local laws and bans
* Do not alter fireworks--use them only as intended
* Designate a "shooter" as you would a designated driver--alcohol and fireworks do not mix
* Use common sense and always use extreme caution when lighting fireworks

The Anderson Law Firm wishes everyone a fun and safe Independence Day!

Another “celebrity” has died this week. TV pitchman Billy Mays was found unresponsive in his Tampa home this morning by his wife. A fire rescue crew pronounced him dead. Mays was only 50 years old. He is best known for his loud style as he was hawking such products as Orange Glo and OxiClean. He was known as the "Infomercial King."

His wife told investigators that Billy mentioned he didn’t feel well when he went to bed about 10 p.m. Saturday night. He had just returned home on a U.S. Airways flight that had experienced a rough landing Saturday afternoon at Tampa International Airport. The plane left debris on the runway after blowing tires upon landing.

The Fox affiliate in Tampa interviewed Mays after the landing and he told reporters about the hard hit and that things from the ceiling started dropping. He said “It hit me on the head, but I've got a hard head.”

At this point, it is unknown whether the hit on the head caused an injury that lead to his death—like the one recently suffered by Natasha Richardson when she fell on a ski slope and died as a result of her brain injury. Ms. Richardson was not immediately rushed to the hospital, which might have saved her life.

So if the hard landing and hit on the head did indeed cause the untimely death, does that mean U.S. Airways is liable? No, not necessarily, but it probably does mean that there will be some sort of investigation into the cause of the bumpy landing. Was it a hard landing that was due to pilot error? Was it mechanical error? Answers will surface, but it could take a long time.

Information provided by Fort Worth, Texas Wrongful Death Attorney Mark A. Anderson, 817-294-1900.

A 41-year-old Arlington man lost control of his motorcycle and was ejected over an overpass yesterday afternoon.

The motorcycle crash happened around 2 p.m. when Douglas D. Trimm was driving on the Texas 360 overpass from northbound I-20. He suddenly lost control of his bike and was ejected off of it falling off the pass onto the westbound lanes of I-20. Trimm’s bike skidded all the way down the overpass before coming to rest in the median.

Trimm was rushed to Methodist Medical Center in Dallas where he died an hour later.
This is one more of a handful of motorcycle-related accident fatalities this spring and brings Arlington’s traffic fatality count to 18 this year.

If you’ve been injured in a motorcycle wreck, contact Board Certified DFW Motorcycle Accident Lawyer Mark Anderson for a free consultation by calling 817-294-1900.

Photograph from www.star-telegram.com.

In a second tragic water-related accident death over the weekend, a 16-year-old Carroll Senior High School junior died after drowning in the pool at the Omni Hotel in downtown Fort Worth.

Winston Ward of Southlake went to the Omni Hotel Saturday night to eat dinner and swim with his friends. Around 7:20 p.m. he did a somersault and hit his head before an adult saw him at the bottom of the pool. No one knows how long he was in the pool before he was found, but witnesses said it wasn’t long.

There were no lifeguards on duty but the pool depth was only 4-foot-6-inches deep. Ward was 6-feet tall. Attempts to resuscitate him failed and he died at the scene.

The pool is on the third floor of the new Omni Hotel and is closed until further notice while an accident investigation is conducted.

Sadly, already 50 children have drowned in Texas and summer only officially started this past weekend. That’s more than half of the total number of child deaths from drowning in 2008. Last year, 89 children died by drowning in Texas.

If one of your loved ones was wrongfully killed in an accident that was the fault of another person, please contact Board Certified Accident Lawyer Mark A. Anderson to learn your rights by calling 817-294-1900.

Photo courtesy of www.star-telegram.com.

An unidentified 11-year-old boy died Saturday when the inner tube he was being pulled on collided with a personal watercraft (or Jet Ski) on Lake Worth.

The boy was riding on the tube with another boy and they were being pulled by a boat. Coincidentally, the watercraft they ran into was also pulling two boys on a rubber tube.

The 11-year-old was CareFlighted to Cook Children’s Hospital in Fort Worth where he died. The boating accident happened at 3:45 p.m. No one else was hurt and no charges were filed. The accident was still being investigated over the weekend.

This was the first of two water-related accidents which killed kids over the weekend, and unfortunately, they probably won’t be the last. With summer officially underway and temperatures consistently topping 100 degrees, North Texans are heading for water to cool down. Annually, hundreds of Texans are killed in boating-related accidents as the number of boats in Texas waters increases. The good news is, the number of water-related fatalities has consistently decreased over the years, but this isn’t a perfect world and accidents still happen.

To prevent boating and other watercraft-related accidents, Texas Parks and Wildlife recommends following these four principles of safe boating:

1) Wearing life jackets
2) Being educated on boat safety
3) Operating safe boats and equipment
4) Boating sober

Information provided by Texas Boating Accident Attorney Mark A. Anderson: 817-294-1900.

It's barely 4 p.m. and the Texas Department of Transportation (TxDOT) is already reporting two major wrecks which are blocking lanes and backing up traffic.

The first accident is blocking two lanes on Interstate 20 at the Grandbury Road exit. The left southbound lanes are blocked off and the impact is being reported as severe. No details of the crash or those involved has been releasd yet.

An even worse accident is being reported on Westbound Interstate 35 in Fort Worth approaching Airport Freeway/Highway 121 where an 18-wheel tractor trailor crash has left the big rig overturned. All lanes are blocked and only the left shoulder is getting by. There have also been no reports of injuries in that accident.

For the latest traffic reports, visit wfaa.com for a full list. And remember to contact the Anderson Law Firm if you've been injured in an auto accident by calling 817-294-1900.

The city of Fort Worth will be adding 10 more red light cameras around town. Currently, 17 intersections have cameras and 25 cameras are in use. Adding 10 more will make the count 35 total cameras—all of which were added in just the last year.

Nearly half of the people who run red lights and get tickets have not paid them, so the city has hired a collections agency to go after them. Approximately 4,000 people per month are ticketed for running lights with cameras and the fine is $75.

While adding cameras may make some intersections safer, many argue the threat of a ticket increases the chance for car accidents like rear-end collisions when people slam their brakes to prevent running red lights.

Fort Worth isn’t the only Metroplex city installing cameras. Several North Texas cities have joined the trend and turned on cameras to catch bad drivers.

Good or bad, drivers take caution when approaching red lights anywhere in the Dallas-Fort Worth area. Here’s a list of the six intersections which will get new cameras:

1) Hulen Street at Loop 820 (north and southbound)
2) Trinity Boulevard at Texas 360 (east and westbound)
3) Altamesa Boulevard at McCart Avenue (south and westbound)
4) Ashland Avenue at Interstate 30
5) Berry Street at Interstate 35 (east and westbound)
6) Belknap at Henderson Street

Information provided by Board Certified DFW Accident Attorney Mark A. Anderson 817-294-1900.

General Motors and Chrysler have thrown in the towel and after taking billions of our tax dollars, they have filed for bankruptcy. This means that the company stockholders and a whole lot of other people are left with nothing. The focus in the news has been on the dealers who have lost their dealerships and on all of the job losses. But there has been little mentioned about the affect the two bankruptcies will have on the victims of defective vehicles that were produced by the two manufacturers.

People are injured all the time by defects in these cars and trucks and I sincerely believe that the past lawsuits against the manufacturers have forced the companies produce safer cars. Sometimes, fear of litigation is not such a bad thing. But those poor folks who have suffered the loss of a loved one or who were seriously hurt because of a defective Chrysler or GM vehicle, have just seen their lawsuit go away. There is virtually zero chance that these victims will ever recover a dime in either of these two very complicated bankruptcies.

It also appears that the bankruptcies will forever extinguish the rights of people who are injured in the future as a result of defective cars which were manufactured before these bankruptcies were filed. Sound crazy? Absolutely! Unfortunately, if you become injured in 2010 as a result of a known defect in your 2008-model GM or Chrysler car that exploded upon impact and paralyzed you, it means you will have no right to sue the maker of the car for the known defect.

It doesn't seem fair at all, but that's exactly what all the smart bankruptcy lawyers are saying. They are aware of this fact and it might have even been one of the multiple reasons for the comanys' decision to file in the first place.

Arguably, there should be a way to set aside some money for the potential future lawsuits, or make Fiat or the New GM somehow responsible when these suits arise. But that's just not going to happen, which is too bad for us consumers.

Mark A. Anderson is an injury attorney based in Fort Worth, Texas and can be reached at 817-294-1900 or contact him online.

If you have been injured in an automobile wreck, truck collision, motorcycle crash, or any other type of accident which causes personal injuries in Texas, you must be aware of the relevant law called the Statute of Limitations. This law requires you to file a lawsuit at a local Texas Courthouse within two years of the date of the accident. If you have not resolved your injury case before then, it is absolutely imperative that this very strict two-year deadline is complied with. Failing to file a lawsuit within the two-year time frame eliminates your right to pursue a claim forever.

And it's imporatant not to wait until the eve of your two years to think about purusing an injury claim. If you've been injured as the result of another person's negligence, you should consider hiring a Board Certified Injury Attorney as soon as possible after your accident. Sooner is better because crucial evidence must be collected before it disappears. Plus, it's very common for injured parties to make mistakes on their claims if they don't have the guidance of an experienced personal injury lawyer.

The common mistakes injury victims make are discussed in detail in the newly released book by Injury Attorney Mark A. Anderson. It's appropriately titled, 15 Mistakes That Will Wreck Your Texas Accident Case. This informative book is available for FREE to Texas residents who may order it by calling 817-294-1900 or by visiting: www.DontWreckYourCase.com.

New reports are being released which indicate the Dallas Cowboys organization was aware of potential building flaws prior to the recent collapse of its practice facility in Irving, Texas.
The collapse happened May 2 after a strong thunderstorm knocked parts of the roof off while the team practiced, injuring 12 people and permanently paralyzing one team employee from the waist down.

The Cowboys hired Canada-based Summit Structures back in 2003 to design and build their practice structure, even with the knowledge that a Philadelphia building constructed by the same company had collapsed after a snowstorm. Fortunately, that collapse happened on a weekend and no one was injured. However, the Cowboys weren’t so lucky and now they might have to pay for their error.

Experts have concluded that design and construction flaws including the overall engineering of the structure was what caused the Cowboy facility to fail. Cowboy organization spokespeople declined to say whether they were warned about the Philadelphia incident or how much research they did on Summit before contracting their services.

It is clear now though, that reports, text messages and comments from multiple sources have been leaked which show there was some sort of knowledge on the part of the organization that they didn’t feel the facility was built as well as it could have been.

For the unfortunate few who were hurt in the collapse, they have multiple options should they decide to pursue a claim. There is the designer/builder Summit Structures and any related contractors who might have been negligent. But what about a personal injury claim against the Cowboys? If the Cowboys provided its employees with workers compensation coverage, then no claim can be brought against them by their own employees—the workers comp benefits are their sole source from the Cowboys. But if the Cowboys did not provide comp (it’s not mandatory) or if the injured person was not employed by the Cowboys, then any successful claim would have to prove negligence on behalf of the Cowboys to be successful.

If you have been injured as the result of another person or company’s negligence and you feel you have a valid claim, please contact the Anderson Law Firm to learn your rights at 817-294-1900.

In Texas, it’s the law to carry liability insurance on your car. This type of insurance covers (or pays for) the damage you cause to someone else in an accident. In a perfect world, everyone would carry liability insurance as required by law. But this isn’t a perfect world. Here in Texas, it’s estimated that over 20% of the cars on our roads carry no liability insurance at all. So what happens if you get in a wreck with someone who has no insurance? Well, you are probably out of luck and will be stuck with huge car repair and medical bills, unless you carry the right kind of insurance yourself.

I highly recommend to all of my clients that they carry uninsured motorists’ coverage (UIM). This insurance covers YOU if you are injured in an accident that was someone else’s fault and he or she doesn’t have insurance. It also covers you if the other person caused you damage which exceeds the insurance coverage that they had. The way this comes about is if they have only a minimum limits policy (currently $25,000) and your damages exceed that amount. If you have UIM coverage, then your own insurance will pay for all damages that exceed the other persons insurance, up to the amount of insurance you purchased.

This is relatively cheap insurance to purchase, so I strongly recommend it to protect yourself. Just one trip to the hospital can cost tens of thousands of dollars. Whether or not you have health insurance, these bills can cause an incredible strain on your finances. With all of the uninsured drivers, and with all of the ones who only carry the minimum limits, it makes sense to safeguard yourself.

This issue is discussed in depth in Mark A. Anderson’s new book 15 Mistakes That Will Wreck Your Texas Accident Case. This book is available for FREE to Texas residents and can be obtained by calling 817-294-1900 or by filling out an order form at www.maafirm.com.