Fort Worth Injury Lawyer Blog

Mark Anderson is a board-certified car crash lawyer who has helped auto accident victims across the Dallas-Fort Worth area for 20 years. He the author of the book 15 Mistakes That Could Wreck Your Texas Accident Case and Fort Worth Magazine has named him as a Top Personal Injury Attorney in both 2009 and 2010. But even he isn’t immune to bad drivers while out driving…

Yesterday, I was following one driver who’s distracted driving created not just a hazard to her but other road users too. She was turning to reach into her back seat and collect a bunch of trash which she then stuffed into a carrier bag and dumped out of the window. Not only was she taking her eyes off the road for a considerable amount of time, but when she threw the refuse on to the road it caused a hazard for the vehicles following behind her – myself included. I was certainly surprised to see a bag full of litter hurtling towards me. It created both a visual impairment of the road ahead, and also caused me and several other cars to instinctively to swerve to avoid the mess.

The entire experience made me quite angry at the woman. In addition to the extremely dangerous driving, she was illegally littering – a misdemeanor for which you could be fined up to $500. I am a proud Texan and I abide by the manta “Don’t Mess With Texas.” Fortunately, I was pleased to learn that there was easy way to expel my frustration over the incident and hopefully achieve a positive result. Rather than trying to teach the lady a lesson on the road (which would itself have been dangerous), I made a mental note of the license plate and reported her online as a litterer. She won’t get in any trouble, but TxDOT will send her a trash bag for her car as a reminder that littering is against the law. Hopefully the message will sink in and she’ll make an effort to drive safer and treat other motorists – and our beautiful state – with the respect they deserve.

If you or a loved one have been hurt in an accident which was not your fault, it is important that your consult with a personal injury and wrongful death lawyer to understand your legal rights and find out whether you might be entitled to compensation. The Anderson Law Firm offers free no obligation consultations, and if you have a case you will owe no money up front – in fact, we don’t collect a fee at all until we’ve won your case. Call us toll free at 800-354-6275 or locally in Fort Worth at 817-294-1900, or in Dallas at 214-327-8000.

Three years after the North Texas bus accident which killed more than a dozen Vietnamese Catholic worshippers, a United States Senate Commerce, Science and Transport subcommittee is holding a hearing today on a new Bus Safety Bill. Over 40 people were injured in the 2008 bus crash which occurred on U.S. 75 in Sherman. As a Tarrant County personal injury lawyer, I know that bus wrecks are particularly serious as you’re dealing with a large, heavy vehicle carrying a lot of people.

The Senate Subcommittee’s focus will be on the Transportation Department which has been dragging its feet over implementing new safety recommendations made by the National Transportation Safety Board. The majority of the recommendations – some of which have been pending for over a decade - concern motor coaches which typically carry a greater number of passengers. Since rollovers account for around 50% of bus fatalities; top of the list are seatbelts for all passengers, stronger windows and roofs, and emergency exits which are easier to open. One suggestion is the implementation of electronic onboard readers to keep track of how many hours an individual driver is behind the wheel. Transportation Secretary Ray LaHood did announce a plan to enforce some of these recommendations back in 2009, but so far the only one to be enacted is the rule banning bus drivers from texting on their cell phone while driving.

I believe stricter regulations for motor coach companies and the drivers that operate them is a must. As a passenger, of course, you have no control over the vehicle so you are powerless to prevent a collision, so it is important that safety is the driver’s foremost priority. Whenever you get on an airplane, you trust that the aircraft is safe and that the pilot will get you to your destination safely. Bus passengers deserve the same reassurance – especially since the number of traffic crashes vastly outnumbers the figure for air transport.

Mark Anderson is a board-certified auto accident trail attorney. Since 1991, he has helped personal injury victims and their families across the Dallas-Fort Worth metroplex. To schedule a complimentary, no obligation consultation on your case, or to request a free copy of Mark’s book, 15 Mistakes That Will Wreck Your Texas Accident Case, call toll free at 800-354-MARK (6275).

As a North Texas personal injury attorney I am always upset to learn of unnecessary deaths as a result of accidents which could so easily have been prevented. One such sad incident occurred in Kaufman, Texas on Saturday. Jose Martinez-Hernandez (37) was enjoying his apartment’s balcony when it collapsed beneath him. Investigators say that Mr. Martinez-Hernandez fell almost 12 feet and died at the scene. An engineer is now going to examine all balconies at the complex.

This tragedy is a classic case of a dangerous property condition. Mr. Martinez-Hernandez paid rent at his apartment and shouldn’t have to worry about his own safety while enjoying the outside portion of his own home. The apartment manager is responsible for ensuring that all units are free of any construction defects and that they are regularly maintained to ensure safety for residents. While my thoughts are certainly with Mr. Martinez-Hernandez’s family at this awful time, I certainly hope the news of this accident prompts other apartments across Dallas-Fort Worth to review their balconies and stairways to make sure no one else suffers a similar tragedy.

Mark Anderson is a board certified trial lawyer who has helped personal injury and wrongful death victims across the DFW area since 1991. The Anderson offers a free, no obligation consultation service to hurt individuals and their families. Contact Mark online or call toll free at 800-354-6275.

At the Anderson Law Firm, we have had several of our clients get spied on by the insurance company. This mostly happens when an insurance company brings in an investigator in situations where a client is pursuing a workers' compensation claim simultaneously to pursuing an injury claim. Our experience in Fort Worth personal injury law tells us that workers’ comp insurance carriers are far more likely to spy on our clients. They will send out sneaky investigators who will film our clients conducting their normal every day activities… We have even had films of our clients eating at What-A-Burger! To this day I cannot possibly understand what such a film is hoping to show.

On one occasion, the legal team for the insurance company produced a film of one of my clients pushing her daughter on a swing set. Needless to say, our client was quite disturbed to know that somebody was watching her family, but that is level to which insurance companies will stoop. Their alleged purpose of filming such activities is to show that our clients they are not as hurt as they claim to be.

But the insurance company doesn’t just camp outside your house and wait for you to come out. In today’s digital age they are spying on your social media accounts. Facebook and twitter are often used as a means to destroy your personal injury case and there are many reasons why injury claimants be careful with social media sites.

An injury victim should always be aware of what they were doing and make sure that they are conducting themselves consistently with what they are telling their lawyer and their doctors – and, of course, with what their doctors tell them!

Medical records note an injury victim's limitations, so it is important that the injury victim always follows their doctor’s advice. An injury victim should always be honest about their limitations. You can read more about the why the insurance company watches you on my Web site.

Finally, if you think the insurance company is watching you, or if you’ve been injured in an accident, call my law firm at 817-294-1900. Our lawyers are skilled at taking on the insurance company and can get you the medical treatment and compensation you deserve.

The Dallas-Fort Worth region is under a high wind advisory today until 7pm tonight. Blustery weather can cause havoc on our roadways as strong gusts of wind can increase the risk of auto accidents. In particular, high winds are a common contributing factor in large truck and 18 wheeler wrecks. In my experience as a personal injury attorney, it is typically when the tractor trailer is empty that the driver is most at risk of losing control of their rig; because a fully loaded semi is weighted down it is much harder for gusting winds to blow off-course.

Of course, since an average motorist or motorcyclist will not be able to tell whether any given truck is weighted down or not, drivers should always proceed with caution whenever passing a big rig in windy weather. Due to the increased potential of a truck crash in breezy conditions, I would advise all drivers to take extra care to stay clear of 18-wheelers’ blind spots, to pass as quickly and safely as possible, and to avoid tailgating at all costs.

Truckers have an extra responsibility to be vigilant during turbulent wind conditions and should avoid high-risk roads as much as possible. That might be easier said than done given the flat prairie lands of Texas, but exceptional dangers such as overpasses and bridges can usually be detoured fairly easily. In some states such as Idaho and Nevada, truck movement is actually restricted whenever winds exceed 39mph. Local meteorologists are predicting wind speeds of up to 45mph across DFW by late afternoon, so I urge all road users to please take care out there today.

If you or a loved one have been injured in a traffic accident involving a truck, it is important that you consult an experienced PI and wrongful death lawyer as soon as possible following the incident. Trucking companies and their insurance adjustors are notoriously difficult to deal with, so the sooner you have someone on your side – the better. Mark Anderson has over 20 years of experience helping those injured in car and eighteen wheeler accidents. For a free, no obligation consultation on your case call 817-294-1900.

March 20-26, 2011 is National Poison Prevention Week. In my experience as a child injury lawyer, I have learnt that there are many dangers to children easily accessible around the average home. As adults we know that household cleaning products are dangerous to consume, but kids are not - so I think this year’s campaign tagline “Children Act Fast… So Do Poisons!” should cause us all to put safety first as we tackle the annual ritual of spring cleaning.

The Health Resources and Services Administration (HRSA) says to store all cleaning products securely where children cannot access them. If you are using a lower cupboard then make sure you install childproof latches so your kids can’t get in. Always keep chemicals in the containers they came in. By law, poisons must displays warning on their labels and you should always follow the instructions for use carefully. It also helps you easily differentiate between cleaners and other products – and can help your children learn that certain household items are dangerous and that they should not touch them. For your own safety, always make sure that you use chemicals such as cleaning supplies and pesticides in a well-ventilated area and thoroughly wash your hands afterwards.

In the event of a poison emergency, call the Texas Poison Center Network on 1-800-222-1222. Trained professionals such as nurses and pharmacists are available to talk you through the immediate steps to take and help you decide whether or not you need to go to a hospital. As with anything which presents potential for a personal injury, however, I think it is important to be proactive. In ensuring a safe environment within the home we can eliminate the dangers of poisoning, and keep our kids safe and healthy.

Fort Worth PI and wrongful death attorney Mark Anderson has helped local families cope with the aftermath of child injuries since 1991. If you or a loved one has been hurt in an accident which was not your fault, call the Anderson Law Firm for a free consultation on your situation so that you can be advised of your legal rights and learn whether you might be entitled to any consultation. Call toll free on 800-354-6275 or locally on 817-294-1900.

With tax day right around the corner, a lot of Texans may be a little strapped for cash and looking for ways to pinch pennies. Take some advice from a Tarrant County personal injury attorney: don’t ever cancel your auto insurance as a way to save a dollar.

Not only is it the law to carry auto liability insurance, but a program called TexasSure is going to make sure you do just that.

TexasSure is a huge database created by the Texas Department of Insurance, Department of Motor Vehicles, Department of Public Safety and Department of Information Resources. It is updated weekly by insurance companies all over Texas and let’s authorities know who has insurance and who doesn’t.

Get caught driving without insurance and you’ll face stiff penalties, just read about it in an article I wrote on TexasSure.

Studies show that 1 in 3 people will be in a car accident in their lifetime. If you’ve ever driven in the Metroplex, you know it seems like the risk of being in an auto accident is a lot higher than that. Trust me; don’t hurt yourself and everyone else on the road by driving without insurance because in the end, you’ll be the one who pays.

Today people all over Fort Worth, Arlington and Dallas will be celebrating St. Patrick’s Day with a green beer or two, so I thought I’d share some fun facts about the Patron Saint of Ireland:

• St. Patrick wasn’t actually Irish – he was Scottish. As a child, he was kidnapped and taken to Ireland to be sold as a slave.

• You’ve probably heard the myth that St. Patrick drove all the snakes out of Ireland. That’s not actually true – science has shown that post-glacial Ireland never had snakes.

• It’s thought that the serpentine imagery of the legend might actually symbolize Druidism, given that St. Patrick is credited as being a key figure in introducing Christianity to the Emerald Isle.

• More drunk driving accidents occur on St. Patrick’s Day than any other day of the year.

Yes, I was surprised to learn about that last one too! And as a DFW personal injury attorney I felt I had to mention it, given that drink driving accidents frequently result in life-threatening and often fatal injuries. In fact, 45% of all auto accident deaths are the result of alcohol-related collisions.

The sad thing is that every one of these deaths could have been prevented. If you’re going to go out drinking, then great, have a fun time – but please plan ahead. There is no need to drive. Pre-arrange a designated driver or keep a pot of gold handy for a cab home. Likewise, if you are out enjoying a traditional Irish brew with friends, don’t let them drive home, no matter how little alcohol they’ve consumed. A drunk driver is always going to be serious threat on the roads – both to themselves and to others. Far too many lives have been ruined because someone got behind the wheel of their car after hitting the bars, so please don’t let an enjoyable night out turn into yet another tragedy.

Mark Anderson is a board certified PI and wrongful death lawyer. Since 1991, he has helped victims of DUI and DWI wrecks get the compensation they deserve. If you or a loved one has been hurt in a traffic crash caused by a drunk driver then call the Anderson Law Firm for a free consultation on your case. Call 24/7 on 817-294-1900.

Racing Ford Mustangs hit a street sweeper early Monday night, injuring all off the workers inside the vehicle and killing one worker at the site of the accident.

Witnesses say they saw the two Mustangs racing on Lake Forest Drive, north of Highway 121 in McKinney, TX. At least one of the racing cars hit the street sweeping vehicle and flipped it. The workers were stuck inside until they could be rescued by firemen and paramedics.

At this time, no identities have been released of those involved in the incident. Police said they believe alcohol may have been a factor in the crash. The men racing were taken to area hospitals, but at this time doing fine.

Just think about this for a second. How fast must these cars have been going to flip a huge street sweeper? Those things are about three times the size of a Mustang!

I’ve said it once, I’ll say it again. Unless you’re at the Texas Motor Speedway, don’t race your car. You don’t have to be a car accident attorney to figure out that racing anywhere but at a designated race track is a bad idea. It puts you and everyone around you in danger! Just because you drive a fast car, doesn’t mean you have to show it off.

I’m sorry for all that were involved in this avoidable accident. It’s definitely a sad one.

According to a study conducted by Men’s Health Magazine, Dallas is the 7th angriest city in America - ranking higher even than such likely suspects as Philadelphia, Chicago and Los Angeles. Fort Worth fared only slightly better than the Big D, coming in at 17th place. I’m not entirely convinced the results are entirely accurate, but the list is apparently based on statistics including “the number of aggravated assaults per capita (FBI), the number of people with high blood pressure (CDC), the amount of time spent in traffic during rush hour (Texas Transportation Institute), and the number of anger-management specialists per capita (American Psychological Association).”

As a Tarrant County personal injury lawyer who travels the breadth of the metroplex regularly, I’ve got to say it doesn’t exactly surprise me that either city appears towards the top of the list when you consider the number of auto accidents in the area. Let’s not forget that DFW was ranked the 2nd worst city for road rage in the US last year. Anger is not necessarily a top cause of car crashes, but frustrated commuters have been known to indulge in aggressive driving habits which can absolutely cause serious traffic collisions. Road rage can manifest as a reaction to other drivers and usually involves one driver trying to get revenge or make a point to another, and such incidents can quickly escalate into dangerous and malicious driving activities such as cutting people off or tailgating.

Doctors suggest that a sugar boost can help curb tempers – a simple Pepsi or handful of raisins will do it. Personally, I’ve found that having the car radio tuned to a classical music station can have a calming effect, or failing that just take a deep breath and vow not to let that other driver wreck your day because he’s simply not worth it. Crashing your car because of an anger-fueled dispute with another motorist certainly isn’t worth it!

Mark Anderson is a board certified PI and wrongful death trial attorney who has been helping those hurt in vehicle accidents from Fort Worth, Arlington and surrounding cities for 20 years. He is the author of the book 15 Mistakes That Will Wreck Your Texas Accident Case and has been ranked among the top attorneys in his field. To arrange a free consultation with Mark regarding your individual case, call on 817-294-1900 or 214-327-8000.

Tuesday, the Texas Forest Service issued a warning about the increased fire danger due to high winds, especially for those that live in West Texas.

As it gets warmer and windier, please be cautious of where you’re throwing your cigarette butts. Just a little spark from you cigarette can be carried by strong winds and could ignite an entire neighborhood. If you’re thinking of burning brush in the next few days, a word of caution: don’t.

According to the Texas Forest Service brush fires are the number one cause of wildfires in Texas.
If you live in an area notorious for wildfires, check to see if you are properly insured for a fire loss. I’ve had a house burn down and believe me, I was glad I was properly insured. It will only take a phone call to your insurance agent and could save you thousands of dollars down the road.

A one-vehicle accident left three people dead and five injured last Friday on Airport Freeway in Haltom City. So far only one victim, Kenneth Johnson from Fort Worth, has been identified. Authorities said the passengers in the van had been hired for the day to distribute flyers and advertisements door to door. The day workers were being transported in the van without seat belts or seats when the driver lost control and crashed into a tree.

Car accidents like this are a part of my work as a personal injury lawyer in Fort Worth. This accident particularly interests me because there could be a question of legal liability on the part of the contractor. Texas law requires that everyone in a vehicle wear a seat belt. Does the law apply to this case where no seats or seat belts were available to the passengers? I personally think it is dangerous for the company to allow its driver to transport people who are not provided a seat and a seat belt. I would imagine a civil jury would agree.

Especially in this economy, people are willing to put up with less than desirable work conditions in order to pay the bills. The people often recruited to distribute fliers door to door are eager to work and rely on the transportation provided to them by the person doing the hiring. Don’t they deserve to at least have a proper seat to sit in? I think no matter who you are, or where you come from, you deserve to be safe.

Yesterday marked the beginning of Patient Safety Awareness Week, organized by the National Patient Safety Foundation (NPSF). As a Tarrant County personal injury attorney, I have been involved in my share of medical malpractice cases, so it is encouraging to know there are health professionals out there committed to reducing the risks of costly healthcare errors and improving the safety of individuals who after all only go to the hospital in order to get better – whether by surgery or other form of treatment.

Patient safety affects all of us because some point in our lives every one of us will be a patient - whether because we’ve been in an auto accident or succumbed to a disease, for example - or maybe because of a happier reason like having a baby. Although we are fortunate here in the Dallas-Fort Worth region to have some of the best hospitals in the country, accidents do still happen. In fact, the NPSF says that 85% of Americans know someone who has been a victim of medical error – a statistic which has remained unchanged for years. Clearly that number is far too high. As patients, we literally put our lives in the hands of trained medical professionals, doctors, nurses, pharmacists and paramedics whose job it is to help us. Medical errors are inexcusable. Patients deserve to expect to receive their treatments in the safest environment possible.

Mark Anderson is a PI and wrongful death lawyer with 20 years of experience serving injury victims in Denton, Parker and Wise Counties. For a no fee, no obligation consultation call 817-294-1900 to discuss your situation and find out whether you are eligible to make a claim for compensation.

Jessica Tata, the woman authorities say is responsible for a Houston day care fire that caused the deaths of four young children under her watch, has fled to Nigeria. It was too late on Sunday when authorities finally charged Tata with one count of reckless bodily injury to a child. She had already left the country.

Fire investigators said a stove top burner Tata left on started the fire while she was out shopping at a local Target. The children were home alone when the blaze started authorities said.

As a father, this story seriously upsets me. As an injury attorney, it enrages me. How could authorities let someone who displayed obvious negligence, someone who is entirely at fault for the deaths of four innocent lives get away? It boggles my mind.

In my many years working as an accident lawyer, I’ve learned that some people never get enough justice. The families of the children horrifically killed in this accident will never receive the justice they deserve. It’s heartbreaking and truly unfair.

Stories like this remind us how precious our kids really are. It is so important to know how to choose a good day care for you kids. I hope all parents are aware of what to look for when it comes to day care abuse and your legal rights. I hope I never have to hear another story like this one.