January 2012 Archives

January 30, 2012

Wise County Bridge Collapses Under School Bus Filled With Kids

Students riding on a Decatur ISD school bus had a narrow escape on Thursday afternoon when their bus drove over a rural bridge which collapsed beneath the vehicle. Wise County officials reported that they had received several phonecalls regarding the condition of the bridge throughout the day, but the crew responsible for shutting it down did not arrive until after the bridge collapsed. Fortunately, none of the children on the bus at the time of the accident were injured. Thanks to the quick thinking of the driver, Debbie Brady, the bus was quickly and safely evacuated, despite the bus slipping further into the growing hole in the road every minute.

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As a Decatur personal injury lawyer, I would like to applaud the actions of Ms. Brady for keeping a cool head under crisis and for rescuing the bus load of kids from would otherwise surely have been a far worse disaster. Photos taken by emergency responders show that the bridge eventually collapsed completely beneath the weight of the four-ton bus, into the stream below. According to children on the bus, the rear of the vehicle was as much as eight feet in the air following the collapse, which meant it was necessary for them all to evacuate from the front doors of the bus.

Less than two weeks ago, it emerged that there are a total of 1,551 bridges throughout Texas which are considered structurally unsound by the Texas Department of Transportation (TxDOT). Dangerous road conditions need to be addressed by the local authority in charge of their maintenance. Regardless of whether they are heavily-traveled ramps over major interstates or small single-lane bridges over rural creeks, if they are expected to carry cars, trucks and buses they must be regularly inspected and maintained to ensure that they are in fact safe to do so. Had circumstances been just slightly different, Thursday's incident could have been a dramatically worse tragedy.

January 28, 2012

Truck Accidents 101

Any time that you are involved in a traffic accident involving a large truck, it's usually a necessity that you seek good, trusted legal advice. Of course, if you've been badly injured, you're probably unable to get to a lawyer's office because you're stuck in the hospital. That doesn't mean that you can't learn about your legal rights, so that you are aware of your options before you start looking for legal representation.

I've been a Fort Worth personal injury and wrongful death lawyer for 21 years. In that time I've handled a lot of cases where my client suffered terrible injuries due to a negligent 18 wheeler driver. The fact of the matter is, commercial trucks cause a lot of damage due to their size and weight. The medical bills alone are often in the tens of thousands at minimum. It is vital that you are fully informed before you start attempting to deal with the insurance company.

To try to make life easier for accident victims who have not yet hired an attorney, I have put together an online resource which I hope you will find helpful. It's called “Truck Accidents 101” and gives you a brief oversight of the key bits of information you need to know to protect yourself and your legal rights, before you hire qualified legal representation.

If you have any further questions or would like to discuss your personal claim in detail, please call me at any time for a completely free, no obligation consultation. You can call me toll free at 800-354-6275 or locally in Fort Worth at 817-294-1900.

January 24, 2012

Dentist Charged With Fraud after Using Paper Clips in Root Canal Operations

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A former Massachusetts dentist due to be charged next week after pleading guilty to fraud. Michael Clair, 53, of Fall River, MA, defrauded Medicare of $130,000 by using metal paper clips in root canal operations rather than medical stainless steel posts. This is not just disgusting, but it's highly dangerous as the unsanitary material could cause pain and infection to patients. Clair also faces charges of assault and battery, illegally prescribing prescription drugs and witness intimidation, some of which stem from the fact he was suspended in Medicare in 2002, but continued to treat patients at his practice by filing paperwork under the names of other dentists.

This is perhaps one of the most bizarre cases of medical malpractice I have come across in my 21 years as a Fort Worth personal injury and wrongful death lawyer. This man not only breached the trust of his patients, he did so in order to financially exploit a publicly-funded program. Most medical malpractice cases are typically the result of a mistake on behalf of a doctor, nurse or other medical professional, but this disturbing individual intentionally provided sub-standard care for his own greedy financial gain. He deserves to face the harshest punishment possible for his crimes.

January 23, 2012

Tanker Carrying Hazardous Material Overturns in Arlington

A tanker truck carrying 7,500 gallons of fuel crashed in Arlington on Saturday afternoon, causing authorities to close North Center Street between I-30 and Ryan Plaza for a hazardous material clean-up operation. According to the police crash report, the driver of the truck lost control of his vehicle while making a turn, causing the truck to fall over on to its side. The collision caused a breach in the tanker and ethanol began leaking on to the roadway. The accident occurred at approximately 5:00 pm on Saturday and the tanker was still leaking fuel at 7:30 pm.

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Arlington Fire Department has not yet released their verdict on what caused the crash, although emergency hazmat crews worked through the night and into Sunday morning to contain the spill and clean up the scene. No other cars were involved in the wreck.

While I am aware, as a Dallas-Fort Worth personal injury lawyer, that auto accidents can happen to even the most experienced drivers, it always concerns me whenever a professional motorist makes a mistake which can have some devastating consequences. Fortunately, no-one was injured in this particular wreck, but given that trucks transport more than 800,000 shipments of hazardous material throughout the US every day according to the Federal Motor Carrier Safety Administration (FMCSA), next time we may not be so lucky.

If you or a loved one are injured in a traffic accident involving any kind of commercial vehicle, it is important that you speak to a board certified Arlington car crash lawyer who is experienced in handling large truck wreck cases. Call the Anderson Law Firm toll free at 800-354-6275 or locally at 817-294-1900 today for a free, no obligation consultation.

January 20, 2012

DePuy Hip Recall Compensation

The defective medical devices attorneys at the Anderson Law Firm in Dallas-Fort Worth are looking for clients who have been adversely affected by the DePuy hip implants manufactured by DePuy Orthopedics, a subsidiary of Johnson and Johnson. Normal hip replacement prosthetics should last up to 25 years without any problems, but many DePuy patients have reported numerous problems including chronic pain, swelling and dislocation as a result of problems caused by the defective device. As a result, the manufacturers recalled the DePuy ASR XL Acetabular Hip System and the DePuy ASR Hip Resurfacing System in August 2011.

Due to the serious nature of the defects associated with this faulty implants, roughly one in eight patients will be required to have revision surgery. Many more are at risk of developing metallosis pseudo tumors caused by the metal-on-metal design of this hip replacement system's ball and cup.

If you or someone you love has needlessly suffered due to receiving this defective hip system, you do have legal options and you may be entitled to significant financial compensation above and beyond any payment DePuy or Johnson and Johnson might offer you for your “inconvenience.”

The personal injury lawyers at the Anderson Law Firm have a combined experience of more than 40 years fighting for the rights of clients in a range of defective devices, medical malpractice and dangerous pharmaceutical claims. To speak to an attorney regarding your personal situation, please call us toll free at 800-354-6275 or locally in Ft. Worth at 817-294-1900.

January 19, 2012

Cyclist Seriously Injured in Dallas Car Wreck

As a DFW personal injury lawyer, I was saddened to hear of a local cyclist who was severely injured following a collision with a motorist in Dallas. Dallas Torres, 32, of Oak Cliff, was riding his bicycle along the Jefferson Boulevard viaduct last Saturday when the crash occurred. An off duty police officer was a witness to the wreck and immediately called in other emergency responders. Mr. Torres was rushed to Baylor University Medical Center to be treated for his injuries. According to Mr. Torres' family, he broke his neck in three places after smashing through the vehicle's windshield. He remains in hospital and doctors say it will likely take six month before he makes a full recovery with the aid of a lot of physical therapy.

My thoughts are with Mr. Torres and his loved ones. I know that the journey following such serious injuries in a long and difficult one, and I wish him as full and speedy recovery as possible.

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This particular accident has gained the attention of avid bicyclists throughout the Dallas-Fort Worth metroplex, not least because the section of road had been scheduled to have new bike lanes installed which would have drastically improved the safety of all bike riders and would likely have prevented this awful crash. Unfortunately, Dallas city planners put the safety feature on hold after they were unable to find the money necessary to paint the lanes.

Being an experienced auto accident attorney, I know just how valuable designated bicycle lanes are. Other cities which have implemented bike lanes have collected evidence that they do improve bicycle safety and reduce multi-vehicle collisions. After bike lanes were introduced in New York City, for example, the Mayor's office did a study and found out that in areas where bike lanes were in use, crashes which resulted in injuries fell by 40 percent for all road users. In some areas, the study found that such wrecks were reduced by as much as 50 percent.

Designated bicycle lanes are key to ensuring the safety of North Texas cyclists. Bike riders have just as much to be on our roads as any other road user.

January 18, 2012

Serious Injuries Increase for Headphone-Wearing Pedestrians New Study Shows

Listening to your tunes while walking? You could have an increased risk to be involved in a pedestrian accident. Researchers from the University of Maryland found that serious injuries involving pedestrians wearing headphones have more than tripled since 2004.

The reason? Music often blocks out horns or sirens that would have alerted them they were about to step into dangers way. The team conducting the study found that the distraction of music causes “inattentional blindness,” when multiple stimuli fed to the brain divide its mental resource allocation. Head-phone wearing pedestrians in the study died 70 percent of the time as a result of their injuries sustained from being hit by traffic.

In north Texas, most people drive everywhere they go but in areas like downtown Fort Worth and Dallas there are plenty of pedestrians walking around. It's easy to imagine zoning out to your music while crossing a street – never realizing that a car is about to slam into you. Pedestrians must use all their senses to stay safe and aware in their surroundings.

As a Fort Worth injury attorney, so many of my clients have been hurt in pedestrian accidents at no fault of their own. I can only imagine how the addition of headphones could have increased their injuries. Drivers look out for pedestrians and pedestrians look out and listen for cars.

January 17, 2012

Dishwashers Might Pose a Serious Health Risk

According to numerous citizen complaints, your dishwasher might be a hazard in your own home. Residents throughout Dallas-Fort Worth and across the US have complained that their dishwashers started smoking and caught fire. Fortunately, those affected were at home at the time of the incidents and were able to prevent a house fire, but their complaints to the dishwashing machine manufacturers have been largely ignored. The Consumer Product Safety Commission is now investigating the charges, which have been leveled against KitchenAid, Kenmore and Whirlpool. It is alleged that the three manufactures all use a defective design in the control panel of their appliances.

As a DFW personal injury lawyer with experience in dangerous and defective devices cases, I am shocked at the serious nature of this problem. I know that many people choose to switch their dishwasher on either just before heading out or going to bed, so it is a wonder that no one has been killed yet. Fortunately, Whirlpool (which owns KichenAid and Kenmore) has initiated an internal investigation into the complaints although they are dragging their feet on issuing a caution to registered customers regarding a possible recall.

If you have a Whirlpool, KitchenAid or Kenmore dishwasher which has exhibited any signs of malfunction which might be liked to this fire risk, you are encouraged to call Whirlpool's consumer hotline at 800-422-1230.

If you or someone you love has been seriously hurt by a hazardous dishwasher or any other defective device or household appliance, you should speak to an attorney in order to determine your legal rights and responsibilities. You may be entitled to compensation. To speak with a board certified personal injury and wrongful death lawyer, call the Anderson Law Firm, toll free at 800-354-6275 or locally in Ft. Worth at 817-294-1900.

January 16, 2012

Six Killed in Italian Cruise Ship Disaster

By now we have all heard about the tragic cruise ship accident which occurred off the coast of Italy on Friday the 13th. The luxury liner Costa Concordia hit a rock off the Tuscan island of Gigilo. 4,200 passengers and crew members were aboard when the ship began to sink. So far six people are confirmed dead, while many others remain unaccounted for. Survivors have described the dramatic incident as similar to the movie depiction of the infamous Titanic wreck.

The captain of the ship, Francesco Schettino, was arrested shortly after the accident on charges of manslaughter and abandoning ship. His employers and owners of the Costa Concordia, Costa Cruises of Genoa (itself owned by Carnival), have since accused him to making an "unapproved, unauthorized maneuver" which is being blamed for the ship running aground. None the less, it is the company which will remain financially responsible for the disaster.

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As a board certified personal injury and wrongful death lawyer it is hard not to draw parallels between this disaster and other accidents even in the landlocked Dallas-Fort Worth metroplex. Whenever we get on a bus, train or airplane, we likewise put our lives in the hands of the crew. As a passenger, we have no control over the bus, so we trust that the driver will get us to our destination safety. If they then are responsible for a crash which causes injuries, we can make a claim against their insurance under Texas law, because it was their negligence which ultimately caused us to be injured. Even if you are injured as a passenger in a car wreck, you are still eligible to recover compensation to pay for your medical expenses from the insurance company – even if the at-fault driver was your spouse or other family member.

Regardless of the circumstances which caused you to suffer your injuries, if you yourself were not at fault, it is always worth consulting with an attorney in order to properly determine your legal rights and whether you might be entitled to compensation.

As far as the Costa Concordia shipwreck goes, I am relieved that most people onboard have either escaped or been retrieved alive. My thoughts are with those who have lost someone they love or whose loved ones still remain missing.

January 13, 2012

Auto Accident Lawyer Announces Free Guide to Making a Property Damage Claim

As a personal injury attorney who has represented victims who have been seriously injured in car accidents through the Dallas-Fort Worth metroplex since 1991, I have learned a thing or two about dealing property damage claims against the negligent motorist's insurance company is I decided to write a new book, Texas Property Damage Guide, to help accident victims. The book is offered completely free of charge through my website.

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After a car wreck, one of the first things you must do is get your car repaired (if it's repairable) or replaced (if it is “totaled”). However, what most people don't realize is that even if you weren't at fault, you can still make a claim against your own insurance policy. This is important, because if you were injured in the wreck, you are also dealing with your injuries. But without a working car, or a replacement rental car, it is tough to even make it to the doctor. However, I must warn you now that in dealing with insurance companies, you will need both knowledge and patience.

Most property damage claims can be successfully resolved without the aid of a lawyer, although sometimes the claims process becomes a little more complicated when issues such as inherent diminished value are involved. Generally, you should experience too much trouble.

If you or someone else was injured in the accident, that's when thing get a lot more difficult. Property damage claims cost far less than bodily injury or wrongful death claims, but when the settlement figure goes up, insurance adjustors get notoriously more difficult to deal with, which is why it is so critical that you have an experienced board certified attorney fighting on your behalf. To speak to a lawyer regarding your personal injury or wrongful death claim please call toll free at 800-354-6275 or locally in Ft. Worth at 817-294-1900.

January 12, 2012

Two Students Injured In Auto-Pedestrian Accident Outside Fort Worth Middle School

As we all struggle to work in the dark early mornings, it's important that we're all wide awake before we get behind the wheel. It seems like not a day goes by without some fender bender or major auto accident on DFW freeways, but we should also take care when driving on neighborhood streets both in residential areas and near schools.

This morning, two children were hit by a vehicle near Handley Middle School in east Fort Worth. Authorities reported that one of the victims, an as-yet unnamed 15-year-old boy, was taken to hospital to be treated for minor injuries. The other victim was reportedly treated at the crash scene. The pedestrian collision occurred at approximately 7:00 am this morning in the 2700 block of Hitson Lane. No further details regarding the accident are available at this time.

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Driving in and around schools during both the morning and evening rush hours requires all motorists to use additional caution. While many ISDs use flashing amber lights to notify drivers of a significantly reduced speed limit at times when children are likely to be walking along the road, some schools just have posted times when the slower speed limits are in effect. It is illegal in Texas for drivers to use a handheld cellphone while driving in school zones. Violators face a fine if caught. It is also important that drivers are cautious when driving near school buses and are up-to-date with the law in this regard also.

As a Dallas-Fort Worth personal injury lawyer, I would like to say that I hope the two students hurt in this morning's accident make a full and speedy recovery. If you or your child are ever injured in a collision with a car, truck or motorcycle while out walking, jogging or cycling, it is important that you are fully informed of your legal rights as you may be entitled to compensation for any wreck-related medical costs you may have incurred. For a free no obligation consultation with an attorney please call 817-294-1900.

January 11, 2012

Man Knocks Out Friend To Stop Him Driving Drunk

I don't condone violence under any circumstances, but as a Fort Worth personal injury lawyer, I still wanted to share this video of a man “sedating” his friend in order to prevent him getting behind the wheel when he was clearly intoxicated. (Beware, the video does contain some bad language). Kudos to the potential drunk driver's friends who prevented him from becoming another statistic. There is little doubt in my mind he would either have been arrested for a DWI or worse caused a car crash killing either himself or countless other innocent motorists.

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If you look through the comments on the video, you'll see that (like me) there are other people who think that the extreme measures portrayed in the video weren't wholly necessary and offered alternatives methods of preventing someone who has had too much to drink from getting behind the wheel such as simply take their car keys.

Regardless, this video further highlight just how big a problem drunk driving is in our society. People need to get in the habit of planning ahead if they know they're going to be drinking, so that the thought of driving home while obviously incapable doesn't even cross their mind. The simplest solutions are to either designate a sober driver from your group of friends or make sure that you have cash set aside for a taxi. Remember: even though people seem to do it in Dallas-Fort Worth every day, driving while intoxicated is illegal.

If you or a loved one have been injured in an auto accident caused by a drunk driver, it is important that you consult with a personal injury and wrongful death attorney as soon as possible. You may be entitled to compensation. To learn about your legal rights, please call the Anderson Law Firm toll free at 800-354-6275 or locally in Ft. Worth at 817-294-1900. We offer completely free, no obligation consultations to drunk driver's victims.

January 10, 2012

Fort Worth Motorist Arrested for “Walking” Dog From Driver's Seat

Way back last April, we shared some photos of stupid drivers doing all manner of crazy things including driving down the freeway with a ladder sticking out of both back windows and attempting to drive without scraping snow off their windshield. One of the dumbest idiots we found was photographed driving down a residential street while they walked their dog by leash alongside their vehicle. Talk about lazy!

Well, it just so happens that particular dog owner is not alone. Last week, undercover Fort Worth police caught a local man attempting the exact same thing. Anthony Brown, 35 of Ft. Worth, was arrested on animal cruelty charges on Thursday after driving down Avenue I while holding his pit bull's leash out of the driver's window. He had traveled approximately 75 feet before the police intervened. Brown said he was simply trying to take the dog to his father's house – just two blocks away. Fortunately, his pet was not injured in the incident and is now in the care of Fort Worth Animal Control.

As an animal lover myself, I can't even imagine what might possess someone to attempt something so crazy. Surely any rational person can see that by dragging a dog by a leash from a moving vehicle – and in the middle of the road no less – you are putting them in an incredibly dangerous position. Of course, it's not just the dog's safety which this motorist risked – he also created the potential for a car crash with another vehicle or pedestrian through his reckless antics.

I know that traffic accident can be caused by all sorts of bizarre and unusual circumstances. As a personal injury lawyer, I know that just because you're a good driver, it doesn't mean that you can avoid other stupid drivers who share the road with you. If you or a loved one is ever injured in a wreck which was not your fault, call the Anderson Law Firm for a free consultation at 817-294-1900.

January 5, 2012

Third Body Found in Irving Canal Car Crash Site

Three bodies have been identified in Wednesday morning car accident in Las Colinas. The Dallas County medical examiner identified the three victims as Kaat Debeuckelaer, 21, of Colleyville, and Ron Eddins of Flower Mound, 41 and Kenny Lark, 23, of Austin.

Police divers found a submerged Porsche Panamera in a Las Colinas canal near the 5600 block of Riverside Drive Wednesday. A bus driver from the nearby DART station told police she saw suspicious debris in the road around 4:30 a.m. on Wednesday. The three victims were last seen in the Porsche in Dallas around 2:30 a.m. on Wednesday which leads police to believe the wreck occurred sometime between 2:30 a.m. and 4:30 a.m.

It wasn't until 12 hours later that a city worker in a bot noticed the car in the canal and called for help. Investigators said they suspect speed was a factor in the wreck and are waiting on toxicology results to see if alcohol also contributed to the car accident.

Our condolences go to the victims and their families of this horrific accident.

January 3, 2012

Today Marks the Start of Cellphone Ban For Truckers

2012 is already off to a good start with the news that as of today, interstates and city streets alike will be far safer than they've ever been in the past. The reason is because a new law comes into effect today courtesy of the US Department of Transportation (DOT) which prohibits commercial truck and bus drivers from using a hand-held cellphone while operating their vehicle.

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As a Fort Worth auto accident injury lawyer, I welcome this ban which was championed by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). Distracted driving is the cause of far too many car wrecks in DFW and throughout Texas – and given the unique threat posed by commercial delivery vehicles I think this ban has come not a moment too soon.

Truckers and coach drivers are professional drivers. It's their job to transport their cargo or their passengers to their destination safely. If they're texting or talking on their cellphone then they do not have their full attention on the road ahead. Since the average 18-wheeler weight in at around the 80,000 pound range it takes long enough to come to a complete stop in the event of an emergency. Every second counts. If the driver is focused on their phone call instead of the road ahead, the result could be – and often is – disastrous.

From today onwards, any CDL driver caught using a handheld phone from behind the wheel will be faced with an automatic fine of $2,700 which is strongly hoped will be enough to deter all drivers from the habit. Drivers are not permitted to hold, operate or reach for a phone while driving; however cellphones which are completely hands-free are still permitted.

Although this ban only affects CDL drivers, there could be similar restrictions facing all motorists in time. Just two weeks ago, the National Transportation Safety Board (NTSA) announced that they would begin urging both federal and individual state legislatures to introduce blanket bans on cellphone use for all motorists. As a personal injury and wrongful death attorney who has seen far too many pointless tragedies caused by distracted driving, I truly hope that the rules governing cellphone use while driving become increasingly strict for all drivers.