December 3, 2008

Elderly Man Crashes Truck into Cub Scout Troop at Christmas Parade

A tragic and bizarre pedestrian-truck accident has spiked my interest. An 82-year-old Troup, Texas man was released on bail from the Rusk County Jail yesterday after he drove his pickup around a barricade and crashed into a Cub Scout troop at a Christmas parade in downtown Overton, Texas Monday night. It’s hard to tell whether the man intended to hit the troop or if the Cub Scouts were just collateral damage. Either way, ten children and two women suffered injuries. The injured scouts were 7 to 11 years old and all but two were treated and released.

Unfortunately, two of the kids were not so lucky. One was taken to the Children’s Medical Center in Dallas and is in good condition while another child—a 7-year-old boy from New London, Texas, is in serious condition and being treated at Mother Frances Hospital.

The 82-year-old, Charles George, lost his license and has been charged with reckless driving. Overton, Texas is located about two hours southeast of Dallas.

As a parent, I would be outraged if this happened to my child. Maybe some sort of injury to a child charge would be more appropriate. The man should have never driven around a barricade. I sure hope this man had sufficient insurance to cover all the medical bills being incurred by these unfortunate families.

If you or a loved one has been injured in an accident, contact me at 817-294-1900 or Contact Me Online to discuss your rights.

December 2, 2008

Mystery Pedestrian-Truck Accident Monday Leaves Unknown Boy in Fort Worth Hospital

A teenage boy whose name and age are still unknown is at John Peter Smith Hospital (JPS) this morning after he was hit by a truck last night in east Fort Worth, Texas. Witnesses say the boy appeared to be frightened by some dogs being walked on the same sidewalk he was on and jumped in to the street to avoid them. That’s when a passing truck struck the boy and stopped to help him.

The teen had no form of identification on him but was rushed to JPS with critical injuries. As of this morning, the only clue in his identification is that he may attend Eastern Hills High School. An update on his condition cannot be made without knowing his name.

The accident occurred on Meadowbrook Drive just after sunset.

If you or a loved one has suffered personal injuries from a pedestrian, truck, car or other vehicle-related accident, contact Attorney Mark A. Anderson at 817-294-1900 to learn your rights.

December 1, 2008

New Details Released on Euless Drunk Driver and October Wreck Which Injured 8 Teens

New information has been released regarding the investigation of a Euless, Texas woman who injured eight teenagers in a car accident back on October 25th. I wrote about this accident when it happened—the lady was the mother of twin daughters who were out at the movies with six of their friends. At 10 p.m., the woman was called to go pick the teens up in her 2002 Trailblazer. On the way home she hit a curb and flipped the vehicle several times. All of the kids were taken to hospitals in nearby Irving and Grapevine and luckily none of them suffered life-threatening injuries. On a subsequent blog, I wrote that evidence was released revealing that the woman’s blood-alcohol level was .13, which is .05 over the legal limit.

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After having been arrested Nov. 6, the woman has since posted $20,000 bail but is being indicted on charges of driving while intoxicated (DWI) with a child, endangering a child and injury to a child. DWI with a child carries a larger penalty than a normal DWI.

A new article out today gives more detail on what happened, including witness accounts. Apparently, the woman told the kids she only had three beers and when the accident occurred, she said she swerved so as not to hit a dog. However, witnesses told police it was a parked car she swerved to miss just before hitting the curb and flipping. Also, a trailblazer has at most, 5 to 8 seats. The woman, plus the eight kids makes nine people riding in that car and none of the kids in the back seat were wearing seatbelts when the car flipped several times.

Apparently, during the drive home, the woman drove up to 95 miles per hour on an interstate.

Reports also allege that the woman asked her daughter to lie to police as well as the passengers and their parents about her drinking and driving. The sad thing about it is that the group of teens had gone to the movies to celebrate the twin daughters’ 15th birthday.

From a legal perspective, this case presents many issues. Clearly, the mother was negligent in driving while intoxicated. Did she have liability insurance? If so, does she have enough insurance to cover all of the teenagers’ personal injuries? In an injury case, the parents of the teenagers can recover for the medical bills and pain and suffering of their children. If the total amount of all those claims exceeds the limits of the mother’s policy, then each person must take a reduced settlement. The parents could then look to their own insurance policies, and if they had underinsured motorists coverage, that could help recover compensation for their children’s injuries.

When an accident occurs, there are many different ways to make a claim. If you were injured in an accident and would like to find out more about your rights, please call me at 817-294-1900 or feel free to Contact Me Online.

Photo courtesy of www.star-telegram.com

November 7, 2008

Euless Mother Charged After Endangering and Hospitalizing 8 Kids

A few weeks ago I wrote about a Euless, Texas woman who injured eight kids (including one of her own) when she drove them home from the movies while she was drunk. Here's an update on what’s developed.

Last night, the 37-year-old was arrested and her bail has been set at $75,000. She’s being charged with endangering a child and the obvious DWI. The blood alcohol test showed she had been driving her Trailblazer at .05 over the legal limit of .08 when the car hit a curb and flipped. The car accident sent all eight teens and herself to the hospital. Luckily, no one was killed.

October 30, 2008

Fort Worth Man Dies After Pickup Drags Him for Blocks

A 70-year-old man was tragically killed yesterday near the Stockyards in North Fort Worth. What started out as a pedestrian/car accident, quickly made a turn for the worst in just a matter of minutes. The incident happened on Northwest 25th Street at 7:30 p.m. when a woman driving an Oldsmobile hit the elderly man as he was walking. She pulled over while another car traveling behind her narrowly missed running into the man as he was still in the road. Then, a pickup struck the man and ended up dragging his body for three blocks. The man was pronounced dead at the scene at the intersection of Ross Avenue and Northwest 24th Street.

The driver of the pickup truck drove on and has yet to be caught. He or she was said to have been driving an extended-cab, gray Chevrolet pickup, according to witnesses who saw the elderly man dragged. Reports also said drag marks were visible along the route.

This wrongful death case makes my stomach churn. Certainly the driver of the pickup knew he had hit and dragged the man. The law (not to mention human decency) requires that he stop. Sometimes I just can’t understand the way people act. Hopefully an investigation into the accident will determine who committed this horrible crime.

If someone you know or a loved one has been tragically killed or seriously injured, you may have rights regarding their wrongful death or personal injuries. Please contact me for a free consultation to discuss your rights at 817-294-1900.

October 28, 2008

Drunk Driving Injures 8 Kids in DFW; DWI Incidences Frequent in Texas

Another drunk-driving car accident in the Metroplex injured eight teenagers Saturday night. One of the teen’s mothers picked up her daughter and seven other kids from the movies in Euless, Texas and was driving the kids while under the influence. On the way home, she served because of a dog in the road and hit a curb, causing the SUV to flip. Everyone was transported to hospitals in nearby Grapevine and Irving.

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The accident investigation is still pending, but the woman faces several counts of driving while intoxicated, or DWI. A first offense can mean a jail stay, suspension of one’s license and up to a $2,000 fine. After the first time, jail time increases, as well as the length of license suspension and the amount of the fine.

Not long ago I wrote about the unfortunate weekend when two separate drunk-driving related incidences killed three people in the Dallas-Fort Worth area. I just hate to see when intoxication is a cause for a wreck or accident because such incidences are 100 percent preventable.

For more information on the DWI laws in Texas, visit www.texasdwi.org. If you’ve suffered injuries due to someone else’s negligence, please call me to discuss your rights at 817-294-1900 or feel free to Contact Me Online.

October 14, 2008

Wrongful Death Closes Highway-121 During Morning Dallas-Fort Worth Rush Hour

Texas Highway 121, just west of DFW Airport in Grapevine, was shut down until about noon today due to a tragic motorcycle accident involving an already crashed car.

Early this morning, a woman suspected of drunk driving wrecked her car on 121 and then got out. She was standing next to it as a 32-year-old man on a sport bike motorcycle slammed into her crashed car. The man died at the scene from his injuries. His impact was so hard that it flipped the woman’s Honda Civic over onto its roof.

The man had been riding with another guy who was also on a motorcycle. Luckily, the other rider was able to avoid the accident and is unharmed. Coincidentally, just last week I wrote about the dangers of riding sport bike motorcycles, but in this particular scenario, the biker wasn’t the one guilty of dangerous behavior. It’s tragic that the man came up on the scene at precisely the wrong time.

An investigation is still pending, but if it is determined that she was intoxicated when she crashed, causing a dangerous road-block for other drivers and killing one, then she will be facing charges for intoxication manslaughter.

Drunk driving is a serious problem. As I mentioned in a recent blog about drunk driving accidents, every five hours someone is killed in Texas in a drunk-driving wreck. That is just ridiculous.

If one of your loved ones has suffered injuries or a wrongful death due to a motorcycle collision, please give me a call to discuss your rights. I can be reached at 817-294-1900 or Contact Me Online.

October 6, 2008

Dallas-Fort Worth Drunk Driving Incidences Kill Three Over the Weekend

On Saturday, a grandmother and her baby granddaughter were hit by a drunk driver in Dallas when they were walking together on East Overton Road in the Oak Cliff neighborhood of Dallas, Texas. The 54-year-old man who hit the two is currently in a Dallas jail, facing two counts of intoxication manslaughter. He and his passenger (who was also arrested for public intoxication) hit the woman and her 1-year-old granddaughter, then carried them 20 yards before the two finally fell off the car. Both died of blunt force trauma at the hospital.

Then, just a few hours later, a 12-year-old Dallas, Texas boy was killed when he was riding as a passenger with two teenagers when the car he was riding in hit another car and a utility pole. The car accident happened at the intersection of Lemon Avenue and Lovers Lane. The boy died at the hospital of his injuries and the other two were last heard to be in stable condition. Alcohol is suspected to also be the cause of this accident.

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Drunk driving is a huge problem in Texas. According to the Texas Department of Transportation, every five hours, someone is killed in Texas in an alcohol-related traffic crash. Unfortunately, Texas ranks second only behind California in drunk-driving deaths.

If you have been seriously injured or a loved one has died as a result of a drunk-driving collision, you may receive a free consultation from a Board Certified injury attorney by calling Mark Anderson at 817-294-1900.

October 2, 2008

Dallas, Texas Injury Law Firm Pleads Guilty in Staged Accident Scheme

An amazing story of greed in my profession came to surface yesterday. Trey Allen, P.C., a Dallas law firm, has pled guilty to a federal conspiracy charge relating to its role in a broad scheme to defraud insurance companies. The employees of the firm were somehow enticing individuals to stage car accidents. Then the firm would send theses supposedly injured clients to chiropractors, who would forge medical records and bills. After “treatment,” the firm would present their fake clients’ claim to the insurance company of the party who supposedly caused the collision. After the claim was resolved, the chiropractor would get paid, the “hurt” individual would get paid and the law firm would get their share. Then the chiropractor would “kick-back” some of his or her profits to the firm’s legal assistants who spear-headed the scheme.

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This fraudulent scheme started back in 2000 and continued through 2007. It is absolutely unbelievable that this firm and these chiropractors got away with it—and for so long! The chiropractors including one in Arlington, Texas and one in Haltom City, Texas are now under indictment. So far, 27 people have pled guilty to fraud in this matter.

Click here to view the “Factual Resume” filed in the federal court case. This document contains the details of the offense of conviction.

I am disgusted by this conduct. My profession, especially those like myself who are dedicated to helping injured individuals, faces a huge public relations battle every day against our main foe: the big insurance companies. This type of illegal conduct makes all injury lawyers look horribly sleazy, not to mention, it gives the insurance companies ammunition in the PR battle. I believe this ends up hurting our profession and, as a result, the value of our clients' claims. But just as there are bad cops, bad doctors—even bad priests, there are ultimately bad lawyers. I just hate to see it.

September 19, 2008

Benbrook, Texas Truck Accident Leaves One Dead, Another Injured

A bizarre truck accident in Benbrook, Texas left one man dead when the 18-wheeler he was driving swerved off of Southwest Loop 820 and unded crunched up under a bridge. The truck was carrying water bottles. The accident happened at 7:15 p.m. Thursday evening under the Winscott Road bridge. Three other cars driving the same direction as the semi-truck were involved and one man was taken to the hospital with injuries.

The bridge was closed last night until early this morning so it could be checked for structural damage.

As of now, no facts have been released which would reveal the reason for the accident. A thorough accident investigation might turn up what happened. The best source of facts for this investigation will be witness interviews and collection of the scene evidence, like skid marks, for example. The truck should also be equipped with an Engine Control Module (ECM) which may give useful information such as how fast the truck was going at the time of the crash.

September 10, 2008

Car and Truck Racing on Airport Freeway Send Two to Fort Worth, Texas Hospital

Two people were badly injured early this morning after a pickup truck and a car decided to race down the westbound lanes of Airport Freeway in North Richland Hills, Texas. The truck hit a car (that was not involved in the race) and the truck spun out of control, off the freeway and landing twisted up around a tree. The driver of the truck which caused this motor vehicle collision was a 23-year-old Keller man who was taken to Harris Methodist Hospital in Fort Worth with critical bodily injuries. While the other racer kept on driving, the uninvolved driver of the car that was hit was also taken to Harris with unknown injuries. It is unknown at this point if alcohol was involved.

How do these dangerous racing events come about? Police and experts say that they arise in three situations:
1) Spontaneous contests when drivers end up at the same light at the same time
2) Roving parties where racers and their friends take over the highways, and
3) Planned events on a remote road where races are for money

Due to the incredibly dangerous speeds people drive when they “street race,” serious injuries almost always result for those involved. And also for those unsuspecting motorists who happen to be in the way. I understand the feeling of excitement that comes with getting your license when you turn 16. The thrill of driving on one’s own often makes young people feel invincible. But by the time you’re 23, you should know better than to race someone on the freeway in the middle of the night.

And the fact that the other racer was able to speed off from the accident scene without punishment bothers me. I hope the local Police are able to track him down. If located, I assume that he will face criminal charges for leaving the scene of an accident in addition to some sort of reckless endangerment charges relating to the racing. The poor guy who landed in the hospital that wasn’t involved in the race must hope that the pickup driver liability insurance as mandated by the State of Texas.

August 11, 2008

Predictable News: Tragic Sherman Bus Wreck Easily Preventable

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.

August 8, 2008

Fourteen Dead in Tragic Bus Accident in Sherman, Texas - Apparently Caused by Blown Tire

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.

July 21, 2008

University of Texas Hazing Settlement Hightlights Importance of Investigations

A tragic Austin, Texas case involving a death from a fraternity hazing recently settled for 4.2 million dollars. Back in 2005, a freshman UT student died of alcohol poisoning when his fraternity brothers hazed him into consuming large amounts of alcohol. The family’s lawyers no doubt did a very good job of piecing together a large puzzle based on the people who witnessed the hazing. With the help of videos, pictures and cell phones from witnesses, the attorneys were able to put together a timeline of events and ultimately won the family of the victim a substantial settlement of recoverable damages.

The key to this case, and all cases really, was the collection of evidence. Whether a person's case is a unique one like this or a more common car accident case, a thorough investigation of any case can often mean the difference between winning and losing. This is why I am constantly reiterating to my accident clients the importance of documenting the accident scene, property damage (if it’s a car wreck) and their injuries with photographs and video, if it’s available. If you been in an accident, stop and think about where it took place. A close-by business like a convenient store or hotel might have surveillance cameras—ask them for their tapes. Or if it was an accident that made the news, call the news station and get a copy of the story that aired. Especially in cases that are hard to prove, every bit of evidence helps, and nothing tells the truth more than a photograph or video.

Witness interviews are also crucial. Not all accidents have witnesses, but if there are witnesses, then they need to be approached in a professional manner. My experience tells me that a witness loses patience if you call them multiple times, so I make sure that a thorough interview (and recorded statement, if necessary) is done the first time.