August 25, 2010

Capital Murder Charge: Irresponsible Parenting

A Haltom City father whose 2-month-old infant died from head injuries was arraigned this morning on a capital murder charge. Alfonso Contreras Jr., 24, and the girl’s mother, 20-year-old Ashley Nicole Massey, were arrested Monday evening, several hours after police and fire officials responded to a report of an unresponsive child at the Ponderosa Mobile Home Park in the 6000 block of East Belknap Street.

When paramedics arrived around 1 a.m., the parents were performing CPR on the infant. The girl was transported to Cook Children’s Hospital in Fort Worth, where she died around 2:30 p.m. Monday. It was unclear how the girl was injured, but police described her injuries as nonaccidental. Massey faces a charge of injury to a child and is being held on $250,000 bail. Contreras’ bail for the murder charge is set at $500,000. Both remain in the Haltom City Jail.

This is a tragic event for family and friends that knew the young infant. My thoughts and prayers go out to them. The 2-month-old baby had a right to live and was helpless in this horrific tragedy. Unexpected acts happen daily and it saddens my heart to hear another story like this. Speaking as a parent I have no insight of how one could do this to anyone, nonetheless, an innocent infant.

Information and commentary is provided by Dallas/ Fort Worth Car Accident Attorney Mark Anderson. The Anderson Law Firm can be reached in Dallas at 214-327-8000 or in Fort Worth at 817-294-1900. For more information regarding wrongful death, please fill out our contact form online for a free consultation.

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July 29, 2010

Mother Of Injured Mansfield Toddler Arrested

The mother of a 2-year-old Mansfield girl who arrived at an Arlington hospital unconscious earlier this month has been arrested. Ryka Hopper is in the Mansfield Jail where she faces a charge of injury to a child by omission. Her bond had been set at $100,000.

Hopper's live-in boyfriend, Adam Carroll Palmer, 27, was arrested earlier this month. He faces two counts of causing serious bodily injury to a child and an aggravated-assault charge and his bond was set at $450,000. Hopper and her two daughters, ages 5 and 2, arrived at an Arlington hospital on July 12 with bruises and other injuries to their bodies.

The 2-year-old was unconscious and had injuries to the brain, including blood and contusions. She was later taken by air ambulance to Medical City Hospital in Dallas, where she remains in a coma.

Hopper said she had arrived home and found the 2-year-old unconscious on the floor, according to the affidavit. She said Palmer told her that the toddler had a seizure. She then stated that the child remained on the floor for more than 16 hours before she finally regained consciousness and started crying. Because the crying awakened Palmer, he picked the 2-year-old up "like a rag doll and threw her to the floor and told her to shut up," Hopper told police.

The toddler whimpered on the floor until she went to sleep, according to the affidavit. After the incident, the girl could not walk or use her right hand and had trouble speaking, the affidavit says. According to court records, Palmer was given deferred adjudication on an injury-to-a-child case that occurred in 2003, but that probation was revoked in 2008 and he was sentenced to prison.

The fact that a mother can sit there while her child is unconscious for over 16 hours without getting worried just shows an extreme amount of recklessness and irresponsibility as a parent. This kind of child abuse should not be tolerated. Parent negligence is usually the cause of child injury, and this woman was aiding in this criminal act by not saying anything or reporting the abuse to the police.

I hope this investigation gives justice to a toddler that was critically injured for no apparent reason. As a parent myself, I find this kind of act despicable. It just shows cowardice and ignorance on the guardians’ part.

Information and commentary is provided by Dallas/Fort Worth Child Injury Lawyer Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. For more information on child injuries, fill out our contact form online for a free consultation.



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July 15, 2010

Fatal Motorcycle Crash in West Fort Worth

A motorcycle rider, Geoffrey Daily, was fatally injured Wednesday in an early-morning accident on the west side of Fort Worth. Daily, 32, of Fort Worth was identified by the Tarrant County medical examiner.

According to Sgt. Pedro Criado, police spokesman, the wreck happened 7:19 a.m. on the exit ramp leading to eastbound Interstate 30 from southbound West Loop 820. The biker was riding in the right-hand lane, when a red Ford Escape ahead of him changed lanes from left to right, Criado said. The motorcyclist took an evasive action, Criado said, but the bike struck the protective metal railing and crashed. Daily died 12:25 p.m. at the intensive care unit of Texas Health Harris Methodist Fort Worth Hospital, the medical examiner reported. No other information has been released.

Our greatest sympathies go out to the friends and family of the Fort Worth resident Geoffrey Daily. Injuries and fatalities of motorcyclists are, unfortunately, on the rise. There were 4,810 deaths and over 88,000 injuries involving motorcycle riders in 2006 alone. This is more than a 5 percent increase from the previous year.

The most common cause of wrecks involving motorcycles is inattention of the other driver. This accounts for about 70 percent of all crashes. This is the most likely reason for Daily’s death. The driver of the red Ford Escape was probably not paying attention or he “just didn’t see him.” Everyone on the road needs to make sure that they are alert and paying attention to the other drivers. Whether they are in a four-wheeler, 18-wheeler, or a bike they all have rights.

Information and Commentary is provided by Motorcycle Accident Attorney Mark Anderson. If you or a loved has been in a motorcycle accident, call the Anderson Law Firm for a free consultation. We can be reached toll free at 877.294.1115 or you can contact us online.

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July 14, 2010

Alvarado Man Killed At Arlington Drill Site

The worker who was fatally crushed Tuesday afternoon by drilling equipment at a gas well site in Arlington has been identified as 34-year-old Nabor Alvarado of Alvarado.

Alvarado is believed to be an employee of Trinidad Drilling, a Canadian company working for Chesapeake Energy, which owns the pad site in the 5700 block of U.S. 287 near the Kennedale border.

Alan Kassen, Arlington assistant fire chief, said it appeared that a large piece of drilling equipment fell on the worker about 4:15 p.m., killing him instantly, during assembly of the rig.

This is a terrible thing to happen to someone while on the job, and our hearts go out to Alvarado and his family.

Hopefully, an investigation will uncover the reason for this tragic accident. While accidents are common on drill sites, that does not mean they should happen. Something went wrong here—either equipment malfunction or human error. Either way, the accident should not have occurred.

Information and commentary is provided by Dallas/Fort Worth Personal Injury Attorney Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. For more information regarding construction or oil rig site injuries, please fill out our contact form online for a free consultation.

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May 13, 2010

Woman Dies From Being Struck By Pickup In Arlington, Texas

A woman in her mid twenties died early this morning after being hit by a pickup truck on Matlock Road in Arlington. Witnesses said that they saw the woman step into the roadway.

The woman has not yet been identified, and the fatal car accident is still under investigation. The driver of the pickup truck was cooperative with the Arlington Police Department.

Matlock Road was closed from around 5:45 a.m. to 8:30 a.m. while the police department investigated the accident.

I would like to hear further details about why the woman was near the roadway. It is unclear whether or not she was in a car and then stepped into the roadway, or whether she suffered from a pedestrian injury. It is important in any situation to follow safety laws concerning pedestrians when you are driving near intersections.

This information and commentary is provided by Dallas/Fort Worth Personal Injury Attorney Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have been involved in a car accident and have questions please fill out our contact form for a free consultation.

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May 4, 2010

NHTSA Tips for Dealing With Aggressive Drivers

We have all been on the highway minding our own business, when an aggressive driver ruins our day. Drivers that experience “road rage” are very dangerous. Being attacked by an aggressive driver is an easy way to end up in a car accident. Dealing with abusive drivers is not something that happens to us frequently, but it is extremely important to know what to do if an overly aggressive driver is tormenting you on the road.

The National Highway Safety Administration has several tips to help prevent yourself from being a victim of an aggressive driver:

•Make every attempt to safely move out of the aggressive driver's way.
•Do not challenge an aggressive driver by speeding up or attempting to "hold your own" in the travel lane.
•Avoid eye contact with the aggressive driver.
•Ignore gestures, and refuse to return them.
•Report aggressive drivers to the appropriate authorities by providing a vehicle description, license number, location, and if possible, direction of travel. This is extremely important. Reporting the vehicle that is being overly aggressive can prevent the same behaviors from happening to other people.
•If you have a cellular phone, and can use it while driving safely, call the police immediately.

A close friend of mine was recently traveling to Austin on I-35 and had a terrible experience with an aggressive driver. A man and woman in a pickup truck caused my friend to swerve on and off the road because they were hanging out of their car spitting on her windshield, yelling obscenities, and blocking her from exiting the highway. She was in the right lane following traffic laws, and going the speed limit. Thank goodness my friend was able to get away, and report the car to the authorities.

I hope this information helps you know what to do if you are the victim of an aggressive driver. This information and commentary is provided by Dallas/Fort Worth Personal Injury Attorney Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000.

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May 3, 2010

Drunk Driving Suspected in Wrong Way Car Crash in Richardson, Texas

A three car accident occurred as the result of a wrong way driver over the weekend in Richardson on North Central Expressway.

The wrong way driver, Jose Sanchez-Quezada, remains hospitalized after the car wreck. No charges have been filed against Sanchez-Quezada, who is suspected of driving while intoxicated. The Richardson Police Department is still waiting for blood test results.

Sanchez-Quezada was driving a Volkswagen Jetta and crashed into a Cadillac and Acura. Two people from the Cadillac and one person from the Acura were hospitalized. Their names have not been released.

Several wrecks occur in the Dallas/Fort Worth area each year from wrong way driving crashes. Many of these do involve alcohol use while driving. There are several things you can do to help protect your family from drunk drivers, including avoiding driving after 9 p.m. and into the early hours of the morning on weekends. Drunk driving kills almost 12,000 people each year.

This information and commentary is provided by Dallas/Fort Worth Car Accident Attorney Mark Anderson. The Anderson Law Firm can be reached in Dallas at 214-327-8000 or in Fort Worth at 817-294-1900. If you have questions about a car wreck, please fill out our contact form online for a free consultation.

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April 30, 2010

7-Month-Old Dallas, Texas Girl Dies after Being Left in Car

7-month-old Brianna Jones died on Thursday after being left alone in a car for over four hours in the Red Bird area of Dallas, TX. The girl’s caregiver forgot she was in the vehicle, according to news reports.

Brianna’s caretaker was supposed to drop her off at daycare, but forgot, and parked the car in her driveway at 9am. Someone saw Brianna in the car around 1:30pm. Paramedics took her from the house in the 1900 block of Sedona Lane to Methodist Charlton Medical Center. She later died at the hospital.

Leaving children in a car is so dangerous because the car heats up more than the temperature of the air outside. A car in direct sunlight for an hour can reach over 120 degrees when it’s 80 degrees outside. In the tragic case of Brianna Jones, the temperature rose throughout the morning reaching 78 degrees by the time she was found. Once a person’s core body temperature reaches 104 degrees, heatstroke occurs. Organs began to shut down when the core body temperature reaches 107 degrees.

Brianna is thought to be the third child this year who died after being left in a hot car. Last year, 33 children died after being left in vehicles. More than half of children who die this way are under the age of 2. 15 states have laws prohibiting leaving children in vehicles, and Texas is one of those states. According to police, it is unknown whether or not charges will be filed in this instance.

Information provided by Child Injury Attorney Mark A. Anderson, who can be reached in Fort Worth at 817-294-1900, in Dallas at 214-327-8000, and toll free across Texas at 877-294-1115. He can also be contacted by clicking here.

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April 28, 2010

Fort Worth Police Officer Resigns After DWI Car Wreck

Fort Worth Police Officer, Michael Buchanan, has turned in his letter of resignation after he crashed his pickup truck into a house when driving while intoxicated. His attorney, Craig Driskell, stated that if Buchanan wants to resign he should be able to.

At about 1:30 a.m. on Friday, Buchanan ran a stop sign and crashed into the bedroom window of Maria Garcia’s home. Blood tests have revealed that the Fort Worth Police Officer was driving with a blood alcohol content of over twice the legal limit.

It was not too long ago that Fort Worth saw another one of its police officer’s drive under the influence. In December, Jesus Cisneros, caused a DWI wreck that killed Sonia Baker. If you would like to read the details of this DWI car wreck please read our blog from December.

It is situations like these that leave me very puzzled. The people who are in charge of enforcing laws like drunk driving, should be role models to the rest of the community. I realize most police officers would never be involved in a wreck like this one, but it still bothers me that an DWI accident would ever happen involving a police officer. The Anderson Law Firm has resources to help you avoid being the victim of a drunk driver. Awareness and prevention are often key in avoiding being involved in any type of car accident or drunk driving incident.

This information and commentary is provided by Fort Worth Car Accident Attorney Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have been the victim of a drunk driver and have questions about your wreck please fill out our contact form online for a free consultation.

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April 27, 2010

What You Need to Do After A Car Accident

With car wrecks happening every few minutes around the country, it is important to be prepared in the case that you are involved in any kind of car accident. The following is a basic guideline that will help take care of several things that need to be done in the case that you are in a car crash.

1) Call 9-1-1 and then refer to your accident scene checklist that you should have handy in your glove box. It will help you know exactly what to do, including taking pictures of your accident.
2) Seek Medical Attention. This needs to be done immediately. The longer you wait to be treated, the worse your injuries may get.
3) Contact an experienced accident attorney. We believe that all accident victims need professional help with this process.
4) Investigate your Accident.
5) Have an Accident Report Made. This will be done by the local police department and help the give the insurance company information about the details of the car wreck. Read more on how to obtain a police report.

I hope this outline is helpful and has better prepared you for what to do in the case that you are involved in an auto accident. With over 6 million traffic accidents reported in the United States every year, it is vital to always be prepared. This information and commentary is provided by Fort Worth Personal Injury Lawyer Mark Anderson. Mark can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have questions about a car accident, please fill out our contact form for a free consultation.

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April 23, 2010

Tow-Truck Operator Dies from Injuries While Loading Car on I-20

A tow-truck driver from Ranger, Texas died in the hospital after being hit on I-20 while loading a car onto his tow truck from a previous wreck. Adam Diaz Lopez Jr. was working at about 12:20 a.m. on Wednesday when a Fort F-250 swerved off the road, hitting Lopez.

The Department of Public Safety said that no citations have been issued for the driver of the F-250 at this time.

My sincere condolences go out to the family and friends of Adam Lopez. It is terrible to hear about a fatality such as this one occurring while a man was simply doing his job. The NHTSA reports that there is an average of 60 tow-truck driver deaths each year from roadside and job related accidents.

This information and commentary is provided by Dallas/Fort Worth Car Accident Lawyer Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have questions about a personal injury case please fill out our contact form online for a free consultation.

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April 16, 2010

2 Killed After Car Flew Off Bridge into Creek in Oak Cliff, Texas

Early this morning, a silver Nissan flew almost 40 feet off of a bridge before landing in Five Mile Creek in Oak Cliff. The fatal car crash occurred around 3 a.m. between the north and southbound bridges at Westmoreland Road.

Both passengers, a man and a woman in their early 20’s, died at the scene. Witnesses told the Dallas Police Department that the Nissan was racing an SUV right before the car wreck.
A combination of excessive speeding and alcohol are suspected to be the cause of the accident. It took several hours for the recovery crew to get the Nissan out of the creek.

It is unfortunate to hear about two young people being involved in such a tragic car wreck. The outcome of this accident could easily have never happened if reckless driving and speeding were not involved in this incident. I feel like the media makes things like speed racing seem glamorous and cool, when the sad thing is, it rarely ends like it does in the movies.

Information and Commentary provided by Dallas/Fort Worth Car Accident Attorney Mark Anderson. The Anderson Law Firm can be reached in Dallas at 214-327-8000 or in Fort Worth at 817-294-1900. If you have questions about a car accident or personal injury case, fill out our contact form for a free consultation.

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April 14, 2010

Utility Truck Crashes into Power Lines Causing Blackout in Fort Worth, Texas

A Grapevine, Texas utility worker crashed their city vehicle into a power pole and then fled the scene late Tuesday night. The employee who caused the car accident has not been identified. The Fort Worth Police Department is investigating what could have caused the utility worker to flee the scene in a single vehicle crash.

Bruno Rumbelow, the Grapevine city manager, stated that they had made contact with the employee, and he was meeting with his supervisors this morning. The utility worker also faces any criminal charges filed from the City of Fort Worth.

There is speculation about whether alcohol could have played a role in the wreck, but no official statement has been made.

The wreck left a large area around the Camden Apartments without power.

I think there is a very short list as to the reasons a worker would flee the scene of a single vehicle wreck like this one. Since the worker was driving a city vehicle, he would be easily identified by the City of Grapevine. If drunk driving is the culprit in this case, the worker could have been in an altered state of mind, causing them to flee the scene because they were impaired. There have been many drunk driving accidents in the Fort Worth in the past few weeks. It is very disheartening to continue to hear of such problems week after week.

This information and commentary is provided by Fort Worth Car Accident Attorney Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have questions about a car accident or a personal injury case please fill out our contact form online for a free consultation.

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April 12, 2010

New Information Shows That Toyota Put Off Initial U.S. Recall

A series of emails between a former Toyota Vice President and another employee show that Toyota knew about the accelerator pedal problems long before a recall was issued in the U.S.
Last week, Transportation Secretary Ray LaHood, announced that the government was seeking to fine Toyota $16.4 million.

To read about the details of the $16.4 million dollar fine against Toyota please read our blog from last week.

The New York Times reported that Irving Miller sent an email to another Toyota employee stating that they needed to come clean about the accelerator problems and specifically noted the issues with the accelerator pedals.

There are over 70,000 pages of interviews and documents surrounding Toyota’s response to issuing recalls. Toyota issued the recall of floor mats in the fall, and did not issue a recall for the accelerator pedals until January.

James Lentz, the president of Toyota in the United States, stated that he was not aware of the accelerator issues until January. However, Toyota’s own documents show that the engineering department was aware of the problem as early as April 2009.

As this disaster continues to unfold, we have to ask why Toyota was willing to risk safety for all of its customers for almost 8 months before issuing a recall. What will it take for corporations to act ethically? The government will never be able to make laws around every loophole; it is the responsibility of companies, like Toyota, to make sure integrity and concern for their customers are the number one priority.

It is important to know how to protect your family and stay up to date on auto safety recalls. Being informed is the best way to prevent yourself from becoming the victim of a car accident due to an auto part defect.

This information and commentary is provided by Dallas/Fort Worth Personal Injury Lawyer Mark Anderson. The Anderson Law Firm can be reached in Dallas at 214-327-8000 or in Fort Worth at 817-294-1900. If you have questions about a car wreck that happened due to an auto part defect please fill out our contact form online for a free consultation.

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April 7, 2010

3 Time DWI Offender Met Parole Provisions Prior To Sunday Crash in Dallas, Texas

After the deadly car accident that occurred on Sunday, outrage has ensued about 3 time DWI offender, John Patrick Barton, who caused a drunk driving accident killing a mother and daughter.

To read more about the details of the DWI accident read our blog post from Monday, April 5th.

The Texas Department of Criminal Justice has released information that Barton was in compliance with his parole provisions leading up to the crash on Sunday. However, a stipulation of his parole was that he could not operate a motor vehicle unless it had an ignition interlock device.

Barton does not personally own a car. On Sunday, he was driving his sister’s Mazda, which does not have an ignition interlock device. State parole officials issued Barton a parole violation on Tuesday. The Texas Department of Criminal Justice also stated that because Barton faces two counts of murder, officials will wait to pursue parole revocation procedures.

The Dallas Police Department believes Barton was drunk at the time of the accident. The results of his blood test will not be released for a few more days.

Once again my sincere condolences and thoughts go out to the Hull family. I know nothing can replace the lives lost on Sunday, but my hope is that justice is served and Barton is convicted of the intoxication manslaughter charge he received.

Drunk driving accidents cause about 1,500 fatalities each year in Texas. Most alcohol related accidents occur on the weekend, particularly Friday and Saturday night. You can drastically reduce your chance of being involved in a DWI accident by avoiding driving during high risk times.

This information and commentary is provided by Dallas/Fort Worth Car Accident Attorney Mark Anderson. The Anderson Law Firm can be reached in Dallas at 214-327-8000 or in Fort Worth at 817-294-1900. If you have questions about a drunk driving or car accident case please fill out our contact form on our website.

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April 5, 2010

Sisters Killed in Car Accident in Fort Worth, Texas

Sisters Wynesha and Wykeila Deanes were Eastbound on Lancaster Avenue when the vehicle lost control and ran into a utility pole on Friday night. The two sisters, ages 16 and 20, were pronounced dead around 11:00 p.m.

A front seat passenger was taken to the hospital and is listed in critical condition.
According to a report from the Fort Worth Police Department, Wynesha Deanes was driving a green Hyundai Sonata well over the speed limit when she lost control of the car and ran into and broke a utility pole. The vehicle rolled over before coming to a stop.

The sisters are both residents of Arlington, Texas, and were on their way home from a church event when the fatal car accident occurred.

My sincere condolences go out to the friends and family of Wynesha and Wykeila Deanes. This accident is a tragic loss to the community. There were 6 million reported car accidents in the United States last year. It is vital to always follow road safety rules to avoid injury while driving. My hope is that by informing people about easy tips to stay safe while driving, there will be less traffic accidents in our area.

This information and commentary is provided by Fort Worth Car Accident Attorney Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have questions about a personal injury or car wreck, please fill out the contact form on our website for a free consultation.

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April 2, 2010

Car Accident Checklist: What You Need to Do If You Are Involved in a Texas Car Wreck

There are many things we do not typically think of when involved in a car accident. It is important to be aware of what you need to do in the case that you are in any type of car wreck. I encourage you to print out the Car Accident Checklist from my website and keep it in your glove box so you are prepared if you have an car accident.

Here are some helpful pointers on the steps to take immediately following a car wreck:

•Call the Police and insist on filing a police report, even if the officer does not want to issue one
•Ask for an Ambulance if there is someone who has been injured
Talk to witnesses who were there during the car wreck and record their names and information
•Take pictures of the accident with your cell phone or with a camera if you have one
•Record date, time, and location of the wreck
•Use your Car Accident Checklist to fill out all the necessary information about the other parties involved in the wreck
Report the wreck to your own insurance company
•Research your legal options and Hire The Right Attorney For Your Case
•Do not give a recorded statement to the other driver’s insurance company

These are just a few basic guidelines to help you form a quality accident investigation in the case that there is a dispute about your accident. Obtaining this information will also help you have fewer issues with your insurance company.

This information and commentary is provided by Dallas/Fort Worth Car Accident Lawyer Mark Anderson. The Anderson Law Firm can be reached in Dallas at 214-327-8000 or in Fort Worth at 817-294-1900. For a free consultation with The Anderson Law Firm about your car accident case please fill out our contact form online.

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March 30, 2010

WEATHERFORD WOMAN DIES IN AUTO ACCIDENT ON HIGHWAY 171

On Sunday morning, Patricia Godwin, a 45-year-old woman from Weatherford, Texas, died in a car wreck which occurred on Texas 171, nine miles south of Weatherford. According to the Texas Department of Public Safety, Ms. Godwin was southbound on Texas 171 in a 2008 Jeep Patriot when she was hit by a pick-up truck heading southbound which veered out of its lane. The collision caused Godwin’s Patriot to roll over and come to rest on its roof. The driver of the Ford pick-up truck is from Cresson, Texas. He was taken to a hospital in Fort Worth.

My sincere condolences go out to Patricia Godwin’s friends and family. It does not appear that she did anything wrong and instead, she lost her life prematurely. This type of accident is very common where one vehicle veers, sometimes only slightly, outside of its lane causing a head-on collision. Oftentimes, the reason for veering is driver distraction, such as cell phone usage. I have also seen cases of vehicle malfunction and of the driver. Hopefully, a complete investigation will determine the cause of the wreck.

Information and commentary provided by Fort Worth Auto Accident Lawyer Mark Anderson. For information regarding the legal process, please visit Mark’s Injury Lawyer Website or call 817-294-1900.

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March 28, 2010

Texas Federal Court Overturns Ban on Chiropractors Contacting Car Accident Victims

Last year, our Texas Legislature passes a new law that prohibited medical professionals from contacting people who have been injured in an accident for at least 30 days after the accident. The law was aimed at a few unscrupulous chiropractors who would call and mislead people who had been injured in car wrecks. Usually, the marketers, as they are called, working on behalf of the chiros would obtain the information from the publically available crash reports completed by the local police department. The marketers would then call the injury victims and mislead them that the insurance company had authorized a medical visit.

A chiropractor from Houston filed a federal lawsuit challenging the new law and on Friday, a federal judge from Austin overturned the law saying the law violated the chiropractor’s right to free speech. The Texas Attorney General’s office has 30 day to decide if it wants to appeal this ruling. I certainly hope the AG’s office files an appeal, as this law seems to me to be a reasonable restriction on free speech. After all, it is done to protect the consumers from this misleading conduct while they recover or possible grieve the loss of a loved one.

On a related topic, The Texas Department of Public Safety recently enacted a change in the way crash reports are written in order to address this issue. No longer are phone numbers included on the accident reports. While this is a small deterrent, it has caused some marketers to resort to going to the home of the accident victims. While that makes the marketers’ job harder, ultimately it makes the contact more invasive.

I think the best way to handle this is to make the crash reports unavailable to anyone accept the people involved in the accident. That way, the reports could never get into the marketers hands and the phone calls (or door knocks) could never happen. Of course, there is always the possibility of someone selling the reports out the back door of the police station, but that is a whole different problem.

Commentary by Fort Worth Injury Lawyer Mark A. Anderson, who can be contacted at 817-294-1900 or through his website at www.maafirm.com.

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March 25, 2010

Seven Vehicle Crash Kills Man in Fort Worth, Texas

Hung Nguyen, 22, died tragically Sunday as the result of a multi-vehicle car accident in Fort Worth, TX, after a car struck him and knocked him off a bridge onto the highway below.

The wreck occurred on the bridge from southbound Loop 820 to eastbound East Freeway (I-30). Initially two vehicles had collided on the bridge due to icy conditions. A tow truck had stopped to help, and Mr. Nguyen crashed into the back of the tow truck. Another vehicle then hit Mr. Nguyen’s 2001 Honda. When Mr. Nguyen walked to the back of his vehicle to inspect the damage, a sixth car hit him and knocked him off the bridge. A seventh car then hit the sixth car involved in the accident.

According to police investigators, Mr. Nguyen fell several hundred feet to the highway below, where he was pronounced dead. My condolences go out to Mr. Nguyen’s family. This winter we have had an inordinate amount of wet and icy weather and it has caused more fatal accidents than normal.

Information provided by Fort Worth Accident Injury Lawyer Mark A. Anderson, who can be reached at 817-294-1900 or contacted by clicking here.

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March 8, 2010

Amtrak Train Crashes With 18-Wheeler in Fort Worth, TX

On Sunday afternoon, an Amtrak train was in a collision with a semi-truck due to the truck being stuck on a railroad crossing. The truck accident occurred in the 1000 block of Erie Street in Fort Worth, Texas around 3 p.m.

The truck driver was not inside of the truck at the time, so he was not injured. However, one passenger in the train was injured, but is considered to have non-life threatening injuries. The name of the passenger has not been released.

The Fort Worth Police Department stated that when the train hit the 18 wheeler, it split the trailer in half, and dispersed the insulation it was carrying on the roadway.

In Texas, tractor-trailer accidents are a major problem. Last year, 10% of all fatal accidents involved semi-trucks. Nationwide, almost 5,000 people are killed each year in accidents that involve trucks. In this particular case, it is very fortunate no one was more seriously injured. I wonder why the truck got stuck? Is it something the truck driver did wrong? Was there something wrong with the tracks or the crossing? Could a passenger car have also got stuck? It is still scary to think how much worse the accident could have been if the train had been moving faster, or if more passengers would have been on board.

This information and commentary is provided by Fort Worth Car Accident Lawyer Mark Anderson. Mr. Anderson can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900 or online by clicking here.

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March 5, 2010

Family of Victim Killed in Wreck With Fort Worth Police Officer Sues Local Bar

The family of Fort Worth, Texas resident, Sonia Baker, who was killed in a car accident in December, filed suit against The Pour House, where Officer Jesus Cisneros was drinking. Cisneros drove his unmarked city vehicle to the Pour House when he was off-duty. He was meeting other officers for a birthday celebration.

At about 2:25 a.m. Cisneros left the bar after reportedly having four beers and four shots of alcohol. He then proceeded to drive his city vehicle and then crashed into Sonia Baker’s PT Cruiser.

Baker had been driving to a fast-food restaurant to pick up breakfast for her family before work when the wreck occurred. She was pronounced dead at the scene.

Cisneros was taken to the hospital where his blood tests showed that he had a .17 BAC, which is more than twice the legal limit. Cisneros has been charged with intoxication manslaughter, and also quit his job with the Fort Worth Police Department on December 21.

The issue is that the Pour House should be held accountable for “over-serving” Cisneros, and letting him leave the bar and drive. The family’s lawyer, Jeff Rasansky said that the Baker family wants The Pour House to be held accountable for their actions. I applaud Jeff for his efforts to hold the bar responsible. Jeff is a very good lawyer who will make sure that the true story is out in the open.

Besides the bar’s responsibility not to serve an obviously intoxicated individual, I think the other police officers celebrating with Cisneros have a moral and ethical duty to stop him from getting into his car. The entire wreck and the life of Sonia Baker could have been spared if the officers would have been responsible enough to stop their friend and colleague from leaving the bar.

To read more about the accident please click here.

This information and commentary is provided by Board Certified Personal Injury Lawyer Mark Anderson. Mr. Anderson can be reached in Fort Worth at 817-294-1900, in Dallas at 214-327-8000, or online by clicking here.

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March 4, 2010

Investigation of Fort Worth Worker Killed at Dannon Yogurt Plant Underway

Tri Tran, a 52-year-old Fort Worth, Texas resident, died from work related injuries on February 19th. He was injured on February 13th from being pinned near the ceiling by a scissor lift, which is typically used for changing light bulbs at the Dannon Yogurt Plant in Fort Worth, TX.

A Dannon spokesman stated that they are not exactly sure what happened at this time, and are still investigating the situation. Mr. Tran died from head and chest injuries related to the accident. The Occupational Safety and Health Administration is also conducting an investigation.

The possible options for the accident include equipment malfunction or Mr. Tran falling on the controls of the machinery.

Mr. Tran moved to the United States from his native country of Vietnam as a young boy. He leaves behind a wife and three children.

My sincere condolences go out to the family and friends of Mr. Tran. The unexpected and tragic loss of a loved one is something we all wish no one had to go through. There are so many awful injuries that I hear about each and every day. Hopefully, OSHA will be able to uncover the true cause of this death and precautions can be taken to ensure that nothing like this ever happens again at the plant.

This information is provided by Fort Worth Accident Attorney Mark Anderson, who can be reached in Fort Worth at 817-294-1900 or online by clicking here.

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March 1, 2010

Southlake Woman Dies After Corolla Swerves Off Road

A car wreck involving 77-year-old Waynoka Ricord happened right before 1:30 a.m. on Sunday morning. The accident occurred near the 1800 block of Shady Oaks Drive in Southlake, Texas. Ricord was on her way home from work at the DFW Airport hotel.

Police are still investigating the cause of the wreck. Ricord’s car, a Toyota Corolla, is on the list of over 8.5 million recalled in the past month. It is possible that the car wreck is related with the accelerator pedal problems associated with Corollas; however it could also have been a driver error.

What is apparent is that something happened to make her lose control. When her car veered off the road it hit a tree, then repelled off and hit another tree. The cause of death was from blunt-force trauma to her chest.

This is not the first car accident in Southlake involving a Toyota. A driver and three passengers were killed in December when driving their Toyota Avalon on Lonesome Dove Road. I blogged about this in February and in December, to read more please click here or here.

My sincere condolences go out to Ms. Ricord’s family and friends. The Toyota recall has turned into a giant question mark of the safety of the vehicles, and the car manufacturer’s promise of quality. It seems like every couple of days there is another wreck involving a question about the malfunction of a Toyota or another investigation of a possible new recall.

This information is provided by Board Certified Personal Injury Lawyer Mark A. Anderson. Mark can be reached in Fort Worth at 817-294-1900 or online by clicking here.

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February 25, 2010

Police Chase in Fort Worth Ends With Accident

A high speed police chase started in Arlington and ended in a car crash in Ft. Worth, Texas late Tuesday afternoon. The chase started in Arlington on I-20 near the Parks at Arlington shopping center.

The chase started because the suspect ran into another vehicle with their pickup truck, and fled the scene when police were investigating that incident. In the process of fleeing the scene, the suspect ran over a police officer’s foot. The suspect’s name has not been released.

The chase was very brief, and concluded when the pickup truck climbed an embankment on the service road, hit a utility pole, and then flipped on its side. After the car flipped, the driver tried to escape on foot but was apprehended by police officials and taken to John Peter Smith Hospital for treatment.

The Arlington Police Department found open containers of alcohol in the vehicle.

According the Mothers Against Drunk Driving, about 3 in every 10 Americans will be involved in an alcohol related crash at some time in their lives. It is so important to educate drivers of all ages about the dangers and the consequences of driving under the influence.

I assume that various criminal charges will be brought against the suspect, including some sort of assault case as he ran over the police officer’s foot. I have a similar case pending now where I represent a local police officer. In my case, the “suspect” is charged with an intentional act of running into my client, and this affects the officer’s ability to recover compensation from the suspect’s liability insurance company (as the insurance policy does not cover “intentional” acts). My case has a ways to go, so we will see how it plays out.

Information and Commentary provided by Fort Worth Personal Injury Attorney Mark Anderson. Mark can be reach in Fort Worth at 817-294-1900 or online by clicking here.

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February 19, 2010

Family of Southlake Woman Killed in Crash Suing Toyota

Four people died in a car wreck the day after Christmas in Southlake due to alleged acceleration problems with a Toyota Avalon. A lawsuit was filed on Thursday against the Japanese automaker for the death of one of the four passengers of the car. I blogged about this accident here.

This is at least the third law suit filed against Toyota in Texas. All suits involve the vehicle speeding or accelerating out of control. For more information about the recalls specifically please click here or here.

According to the Southlake Police Department’s report, Monty Hardy was driving the car on Lonesome Dove Road and failed to stop at a T intersection with Burney Lane. The vehicle crossed the road, went over an embankment, went through a mental fence, and ended up being up-side-down in a six foot deep pond.

My deepest sympathy goes out to all four lives lost in this tragic accident. I sincerely hope that these recalls are resolved and taken more seriously before there is even more of a problem with fatal accidents around the country. It seems like every day there is a new problem involving Toyota. I hope justice is served in their case, and can help bring the families some closure.

This information is provided by Fort Worth Injury Lawyer Mark Anderson. Mark can be reached in Fort Worth at 817-294-1900 or online by clicking here.

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February 17, 2010

Complaints of Corolla Steering May Lead to Another Recall

There is now a possibility that Toyota will be recalling its popular Corolla due to growing power steering complaints. This is now the third car on the list of safety recalls for the Japanese based automaker.

President Akio Toyoda has not disclosed which model years would be affected by the recall, but he did say that there have been less than 100 complaints. Toyota sold over 1.3 million Corollas last year.

It is also unclear why drivers felt as though they were losing control of the steering. Mr. Toyoda stated that it could be to underlying break or tire problems.

Toyota’s once flawless reputation has now been damaged, with no sign of returning to its former glory anytime soon. For the first time since 1998, Toyotas total monthly sales plummeted to below 100,000 vehicles.

US Federal Safety officials are currently examining the complaints about the steering in the Toyota Corolla. It remains questionable whether another recall will take place.

I think it is safe to say that if you own a Toyota, you should be very cautious when driving. With the increasing list of recalls and reports of safety problems I not only question Toyota’s promise of high quality automobiles, but their sincerity in fixing these problems as well.

If you would like more information on other Toyota recalls please click here.

Information provided by Texas Board Certified Personal Injury Lawyer Mark A. Anderson, who can be reached in Dallas at 214-327-8000 and in Fort Worth at 817-294-1900. He can also be contacted by clicking here.

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February 13, 2010

Mistake No. 2 That Will Wreck Your Texas Accident Case

In my book 15 Mistakes that Will Wreck your Texas Accident Case, I address some of the most important issues I have observed over the years while helping thousands of injury victims. I believe that with this information, you can take control of your unfortunate situation.

Mistake No. 2: Failing to promptly obtain medical treatment

If you are hurt in an accident, it’s absolutely crucial that you seek medical attention immediately. If you do not seek medical treatment soon after an accident you probably will not have a viable injury claim. Insurance companies and juries assume that if you are hurt you would have gone to the doctor.

It is vital that you do not try to “tough it out” or “hope it gets better” because it not only delays your recovery from the injuries but it negatively affects the success of your personal injury claim. Depending on the extent of your injuries, your initial treatment might very well be taking an ambulance ride to the hospital or visiting the emergency room on your own.

Do not let a lack of health insurance stand in your way to cause you to endure pain unnecessarily. A good place to start is by visiting an urgent treatment car facility near you. You can also rely on the local public health system.

Another option is to contact an attorney who specializes in injury cases. When requested, I will happily provide the names of various doctors who will provide proper treatment and delay billing patients until their case is resolved.

No matter which option you choose, it is extremely important that you seek medical attention promptly. Failing to do so will almost certainly “wreck” your case.

Hopefully, this helps to educate and inform you about how and when to seek medical treatment after an injury. I hope this makes you more aware of how important it is to not make a mistake that can “wreck” your case!

Information provided by Dallas/Fort Worth Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, or toll free across Texas at 877-294-1115. He can also be contacted by clicking here.

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February 10, 2010

Street Racing Causes Fatal Wreck on I-35W Service Road in Fort Worth

Street racing is the culprit of a deadly car accident in Fort Worth, TX. Two maroon Chevrolet Avalanches were racing when one suddenly lost control and swerved into the retaining wall on the service road killing one man and severely injuring the other. Carlos Jimenez-Cano, 20, was pronounced dead at 10:41 p.m. Tuesday night by the Fort Worth Medical Examiner. The driver of the Avalanche, who has not been identified, remains in critical condition at John Peter Smith hospital.

Alcohol use is suspected in the cause of the accident; however, no further information is available at this time. The other Avalanche fled the scene and turned west back onto Bolt Street near the access road. Fort Worth police are still looking for the second maroon Avalanche.

Street racing is an increasing problem in our communities. With celebrities and Hollywood endorsing this illegal activity, it is no wonder that more often than not the younger generations are the ones becoming victims of the consequences of street racing. It is unfortunate that the media makes such a dangerous activity look so appealing.

Information and commentary provided by Texas Car Accident Lawyer Mark A. Anderson of the Anderson Law Firm. The firm specializes in representing those seriously injured as a result of the negligence of others. Mark Anderson can be reached in Fort Worth at 817-294-1900 or online by clicking here.

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February 2, 2010

Head-On Crash Kills Fort Worth, Texas Woman

A woman was killed in a tragic automobile accident early Monday morning in far northwest Tarrant County when her car collided head-on with a pickup truck.

The car crash occurred at about 2:30 a.m. 32-year-old Ung Phimmasone was pronounced dead at the scene on Farm Road 718, about two miles east of Eagle Mountain Lake. According to police, Ms. Phimmasone was driving her car eastbound when she crossed the center stripe and collided with a Ford F-250 pickup.

46-year-old Jose Tovar-Ortiz was driving the pickup and taken by ambulance to John Peter Smith Hospital in Fort Worth with non-life threatening injuries. The wreck is still under investigation as police are still unsure why Ms. Phimmasone’s car veered into oncoming traffic.

Information provided by Dallas/Fort Worth Personal Injury Attorney Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, and toll free across Texas at 877-294-1115. He can also be contacted by clicking here.

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February 2, 2010

Fort Worth ISD School Bus Hits Tree

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Yesterday, a FWISD school bus veered off of Cooks Lane in east Fort Worth, TX and hit a tree. The cause of the bus accident was not readily apparent and is being investigated by the Fort Worth Police Department. The driver, whose name was not released, was transported from the scene and taken to a local hospital with complaints of back pain. There were nine students aboard who had just been picked up from Lowery Elementary School. Luckily, none had injuries which required medical transport to a hospital.

When you see pictures like this one, the thoughts are that this could have really been a horrible bus wreck. I am sure glad that none of the kiddos appear to be seriously injured. I wonder what could have caused the wreck. It is unusual to just leave the roadway without some reason, like driver distraction or even avoidance of another car or object.

Information provided by Fort Worth Injury Attorney Mark A. Anderson, who can be reached at 817-294-1900 or online by clicking here.

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February 1, 2010

Man Killed in Single-Vehicle Rollover Crash in Fort Worth, Texas

Francisco Ramirez-Gil, 24, of Richland Hills died in a rollover car accident Wednesday in a crash off I-35W near Northeast 28th Street in Fort Worth, TX.

According to witnesses, Mr. Ramirez-Gil’s dark-colored sedan was traveling very fast in the center lane of the highway. Then the car moved into the far right lane, as if about to take the Northeast 28th Street exit, but it struck an exit sign then went up onto a grassy median. The car rolled over and Mr. Ramirez-Gil was ejected from the vehicle.

This is yet another example of speed causing a fatal wreck. I blogged a couple of days ago on a car wreck in Grand Prairie, Texas which killed two men and it was apparently caused by driving too fast.

Information provided by Fort Worth Car Accident Attorney Mark A. Anderson, who can be reached at 817-294-1900 or contacted by clicking here.

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January 22, 2010

Toyota Recalls More Vehicles Due to Accelerator Pedal Malfunction

I recently blogged about Toyota’s 4.2 million vehicle recall after concerns that the floor mats were getting caught up beneath the accelerator pedal; this defect causes uncontrollable acceleration which caused several wrecks and killed four people in San Diego. Now, they are recalling 2.3 million vehicles due to a similar problem; however, this time, the defect is in the pedal itself, not the floor mat.

The cars affected in the recall:

2009-2010 RAV4
2009-2010 Corolla
2009-2010 Matrix
2005-2010 Avalon
2007-2010 Camry
2010 Highlander
2007-2010 Tundra
2008-2010 Sequoia

The cars affected by this recall AND the floor mat recall:

2005-2010 Avalon
2007-2010 Camry
2007-2010 Tundra

According to Toyota, these vehicles are at risk for the accelerator pedal to become stuck even without a floor mat present. The problem is that the pedal mechanism can wear down and in some cases causing the accelerator to become harder to press, slower to return, or even stuck. Toyota thinks the problem is caused by build-up of condensation on sliding surfaces in the accelerator system.

Unfortunately, the company does not yet have an actual fix for the problem, although they say they are working on one. The company will be contacting drivers affected by the recall immediately.

According to The National Highway Traffic Safety Administration, problem is "a serious safety issue and we are pleased Toyota is taking immediate action to address it."

Information provided by Texas Board Certified Personal Injury Lawyer Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, or toll fee anywhere in the state at 877-294-1115. He can also be contacted by clicking here.

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January 20, 2010

Woman Killed in Crash with 18-Wheeler in Cleburne, Texas

A 68-year-old woman, whose name has not yet been released, died at the hospital after she was involved in a head-on collision with a tractor-trailer in Cleburne, TX.

The accident occurred on U.S. 67, a two-lane highway with no divider, near Farm Road 4. She was driving her 2001 Honda southbound when she unexpectedly veered into northbound traffic. She was flown to a hospital after the crash with the big rig but tragically did not survive. The driver of the truck, a 50-year-old man from Cleburne, was treated at the hospital for injuries that were not life-threatening.

I am sorry to hear about this tragic accident. There are many reasons for cars to veer in another lane (fatigue, distractions, cell phones…). The police investigators will probably never be able to figure this one out. My condolences to her family. And I hope for a speedy recovery for the truck driver.

Information provided by Texas Board Certified Car Accident Attorney Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, and toll free across Texas at 877-294-1115. He can also be contacted by clicking here.

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December 27, 2009

Car Crashes into Pond in Southlake, Leaving Four Dead

A bizarre and fatal car accident occurred in Southlake, Texas at the intersection of Lonesome Dove and Burney Lane yesterday morning. It is not known what caused the Toyota Avalon to leave the road, smash through a metal fence, run into a tree and flip over into a private pond. The two people pronounced dead at Baylor Regional Medical Center in Grapevine were Monty Hardy, 56, of Southlake and Hadassah Vance, 35, of Euless. Then, today the two other occupants of the car, Wendy Akion, 38, of Irving, and Sharon Ransom, 56, of Grapevine, also died at Baylor Grapevine.

The cause of the horrible accident is still being investigated. According to the Southlake Police Department; there were no skid marks on the road. Was it a defect or malfunction of the Toyota? Those cars have been subject to a massive recall for floor mats which cause the accelerator to stick. (see my prior blog here for info on the recall). With there being no skid marks, you have to first think that the accelerator must have been stuck. If so, the families of these four innocent victims might very well have a major products liability case to pursue.

I feel very sorry for the families of these four victims. For them, I hope answers come fast.

Information and legal commentary provided by Texas Injury Lawyer Mark A. Anderson, phone 817-294-1900, contact online.

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December 23, 2009

FWPD Cop Drank with Other Officers before Deadly Car Crash in Fort Worth, TX

Recently I’ve blogged about Jesus Cisneros, the off-duty Fort Worth police officer who drove drunk in an unmarked police vehicle and caused a car accident that killed Sonia Baker, a mother of two. [see here, here and here] New details continue to be released from the ongoing investigation. Now, 20 other FWPD officers are being investigated after reports indicate they were drinking with Cisneros prior to the accident. It’s also been reported that Cisneros was driving at twice the posted speed limit of 35 mph.

The investigation is looking into 20 other officers who were apparently drinking with Cisneros at The Pour House on West 7th Street. Three off duty officers who were working security at the bar, including two sergeants, are included in the investigation.

According to police, Mrs. Baker was not at fault in the crash. Cisneros was traveling at such a high rate of speed that Mrs. Baker wouldn’t have even seen him as she tried to turn her vehicle onto Columbus Trail from Evening Star Drive.

Cisneros is not the first FWPD officer to drive drunk; this year three other officers were suspended and later fired after being arrested on DWI charges.

As the FWPD is releasing results of their investigation, it seems to answer some questions but raises many others. So how many other officers were driving drunk that night? How many were driving city vehicles? I would find it unusual that Cisneros was the only one out of 20 that had drank too much. And unrelated to the city, what about the Pour House? At some point the cops need to be cut off and not served anymore.

I agree with our Police Chief Jeff Halstead when he says that officers have a duty to step in and help out another officer that might have had too much to drink

I look forward to hearing more about this from our city’s investigation and am glad that the city and the FWPD are releasing information they way they are. This investigation must reveal what really happened and serious changes need to be made to make sure nothing like this happens again. This whole thing makes me sick. And embarrassed for our city and its police force.

Information and commentary provided by Fort Worth Personal Injury Lawyer Mark A. Anderson, who can be reached at 817-294-1900, or contacted by clicking here.

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Sonia Baker

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Jesus Cisneros

Photos from The Fort Worth Star Telegram

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December 22, 2009

Pedestrian Killed by Train Near Downtown Fort Worth, TX

A man was hit by a Burlington Northern Sante Fe train early Monday morning and was pronounced dead at the scene.

The accident happened at East Avenue and Grafton, east of downtown. The train was pulling three engines and 19 cars. The identity of the man has not yet been released. Also, the initial news reports did not explain how the accident occurred.

In 2008, there were 286 fatalities and 935 injuries at railroad crossings in the United States. In Texas alone there were 17 fatalities; Texas is one of fourteen other states whose combined fatality and injury rates make up 74% of railroad injuries and deaths. In fact, Texas leads every other state in train collisions, with 228 in 2008.

Information provided by Dallas/Fort Worth Personal Injury Attorney Mark A. Anderson, who can be reached in Fort Worth at 817-294-1900, in Dallas at 214-327-8000, and across Texas toll free at 877-294-1115. He can also be contacted by clicking here.

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December 22, 2009

Fort Worth Cop Whose Drunk Driving Killed Local Woman is Released on Bail

Jesus Cisneros, the Fort Worth police officer involved in the fatal drunk driving accident I blogged about here and here, was released on bail Monday. He has been charged with intoxication manslaughter in connection with the crash that killed a mother of two.

As conditions of his $25,000.00 bail, Cisneros is required to install a Breathalyzer in his car which he cannot drive without. He is also prohibited from drinking any alcoholic beverages.

According to Fort Worth police, Cisneros has submitted his resignation. The police have not released the findings of an internal affairs investigation regarding what Cisneros was doing before the crash, and they have not said whether speed was a factor in the accident. If convicted of intoxication manslaughter, Cisneros could spend up to 20 years in prison.

As I have previously written about, this is such a tragic case. The fact he was driving an unmarked FWPD vehicle is horrible and embarrassment for the FWPD and the City of Fort Worth. I am glad he submitted his resignation so the city will not have to go through a costly and lengthy process to terminate him.

Information provided by Texas Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached in Fort Worth at 817-294-1900, in Dallas at 214-327-8000, and toll free across Texas at 877-294-1115. He can also be contacted by clicking here.

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December 18, 2009

Fort Worth Cop Was Over Twice the Legal Limit in Fatal Wreck

The Fort Worth Police Department announced yesterday that the blood alcohol content of Officer Jesus Cisneros was over twice the legal limit when the car he was driving crashed into the car driven by Sonia Baker, killing her. In Texas, the legal limit is .08 BAC, but Officer Cisneros’ blood alcohol limit was measured at .17 BAC. Because he was legally drunk when he caused the fatal crash, Officer Cisneros might be charged with the crime of intoxication manslaughter.

Mrs. Baker was married and had two young boys. She, and her family, are nothing but innocent victims in this terrible tragedy. What makes things worse is the Officer, even though off duty at the time, was driving an unmarked police vehicle. A million questions need to be asked and must absolutely be answered by our city officials:
• What was he doing in the city vehicle?
• Why does our city allow its employees to drive city on vehicles for personal time?
• Who authorized him to drive it?
• How long had he been drinking?
• Was he drinking while on duty?
• Who had knowledge of his drinking and driving a city vehicle?
• Why was this man even allowed to be a FW a police officer? (the Star Telegram lists out his previous infractions, including shooting a gun out the sun roof f his car while intoxicated).

This entire situation is appalling. There is no excuse for his actions and he deserves serious punishment, including jail time.

And someone needs to take a look at the FWPD policies and actions and determine if this could have been prevented if a little common sense had been used in dealing with this particular cop, considering is less than stellar past. And having a group of police officers look into this doesn’t exactly cut it. The City of Fort Worth needs to bring in impartial outsiders to look into how the city deals with bad cops and also its policies of allowing cops to drive city vehicles while off duty. And this analysis needs to happen immediately before another senseless act kills one of our innocent citizens.

Commentary provided by Fort Worth Accident Attorney Mark A. Anderson, 817-294-1900.

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December 12, 2009

Fort Worth Police Officer Investigated for DWI in Car Wreck Which Killed For Worth Woman

Early Friday, Fort Worth resident Sonia Baker was tragically killed in an auto accident when the PT cruiser she was driving was hit by un unmarked FW Police vehicle driven by off-duty FWPD Officer Jesus Cisneros. Mrs. Baker was pronounced dead at the scene and Mr. Cisneros was taken to JPS Hospital. At the Hospital, according to a FWPD statement released yesterday, it was determined that alcohol may have played a role in the accident.

This is absolutely a horrible story. My sincere condolences go out to the friends and family of this lady. Mrs. Baker was the married mother of two young boys, age four and five. Now, during the Christmas season of all times, Mrs. Baker’s husband must tell the young boys that their mother has died. And it very much appears that the Officer was drinking and driving. Come on, of all people a FWPD Officer should know better than to drink and driver. Each year over 1,400 people die in Texas due to drunk driving. It is a senseless act to get behind the wheel after you have had too much to drink. And for a cop to do this is even more senseless. It is an incredible act of negligence.

It will be interesting to learn the results of the official accident investigation. Was Officer Cisneros legally drunk? How did the accident occur? If he was drunk, will he be charged with Intoxication Manslaughter? Will the City of Fort Worth be held liable for the death? Should the cop have been allowed to drive a city vehicle? That is just the tip of the iceberg as far as unanswered questions. For the sake of Mrs. Baker’s husband and young boys, I hope answers come fast.

Information and commentary provided by Fort Worth Injury and Accident Lawyer Mark A. Anderson, who can be reached at 817-294-1900 or online by clicking here.

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December 4, 2009

Firefighters Rescue Two Men Injured On Roof at Cowboys Stadium

Firefighters rescued two maintenance workers Thursday morning from the roof of Cowboys Stadium after they slipped on ice and slid 250 feet down onto a gutter. One was taken by helicopter to Parkland Memorial Hospital in Dallas for chest and head trauma and a broken leg and the other by ambulance to John Peter Smith Hospital in Fort Worth for a back injury.

The men, who have not been identified, work for the subcontractor Birdair. They were not wearing their safety gear when they went out onto the roof, according to firefighters. According to the Dallas office of Occupational Safety and Health Administration, an official has already gone to the stadium to start an investigation into this accident.

12 to 15 firefighters were involved in the rescue, which required them to use stretchers and ropes to secure the injured men. Thankfully, fire fighters have been preparing for such a rescue and becoming knowledgeable about every aspect of the building since construction first began

Since work began on the stadium in April 2006, 175 work-related injuries were reported. One person was killed in June 2008, an electrician who touched a high-voltage line.

Information provided by Personal Injury Attorney Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, and anywhere in Texas toll free at 877-294-1115. He can also be contacted by clicking here.

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November 21, 2009

Two Separate Motorcycle Accidents Leave Arlington Man and Fort Worth Man Dead

Today, the Fort Worth Star Telegram reported that two local men died in separate motorcycle accidents this past Wednesday. The first accident occurred in Fort Worth, Texas on the service road to I 35W near Alta Mesa when Jimmy Clements, of Arlington, apparently lot control of his Harley Davison motorcycle. Unfortunately, according to the Fort Worth Police Department, there are no known witnesses and no other known involved vehicles. Mr. Clements was transported to John Peter Smith Hospital where he was pronounced dead.

The second fatality occurred later Wednesday afternoon when Joshua Denny of Fort Worth lost control of his Honda Motorcycle on Oakmont Boulevard in Southwest FW. According to a FWPD new release, he swerved to avoid another vehicle and hit a curb. He was pronounced dead at the scene.

My heart goes out to the friends and families of these two motorcycle riders. Each year, according to the National Highway Safety and Traffic Administration, there is approximately 5,000 motorcyclists who die on our roads. Oftentimes, thorough investigations will reveal the exact reason the accident occurred.

Information and commentary provided by Fort Worth Motorcycle Accident Attorney Mark A. Anderson. Contact Info: 817-294-1900 or ONLINE.

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November 17, 2009

One Dead and Another Hurt After Crash in Arlington, Texas

Police found three vehicles at the scene of a car accident Sunday night in the eastbound lanes of I-20 near Green Oaks Blvd. in Arlington.

Investigators aren’t sure what caused the crash. They found one person dead at the scene and another person injured. The injured person was taken to John Peter Smith hospital in Fort Worth. So far, police have not released the names of the victims.

These are the types of situations where accident investigations are the key to finding out what happened. Through witness reports and physical evidence, hopefully the Arlington police Department will be able to reconstruct exactly what happened.

Information provided by Dallas/Fort Worth Accident Injury Lawyer Mark A. Anderson, who can be reached toll free at 877-294-1115 or contacted by clicking here.

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October 28, 2009

Investigation Complete in the Deadly August 2008 Bus Crash in Sherman, Texas

The National Transportation Safety Board completed its investigation into the tragic bus crash in Sherman, Texas last year. I had previously blogged about this tragic—and avoidable—bus wreck (see here and here). The NTSB determined that a punctured retread tire was the probable cause of the crash. The bus driver tested positive for alcohol and cocaine after the accident, but the board did not cite driver impairment as the cause.

The retread tire was on the front steering axle, which is in violation of federal rules. According to the NTSB, it was a slow leak that caused the retreaded tire to blow. If the tires had been properly checked and inflated, investigators said the accident could have been avoided all together. The bus had been inspected eight days prior to the crash, but the Texas Department of Public Safety was cited in the investigation for poor oversight of the contractors who performed the inspection and for limiting inspection costs.

The tire itself wasn’t the only problem. The bus company, Iguala BusMex, was previously operating as Angel Tours until the Federal Motor Carrier Safety Administration pulled its certification for having an unsatisfactory record. Its owner, Angel de la Torre of Houston, simply applied for a new certification under a different company name. The administration has now stopped granting licenses for new applicants until it checks its system for this type of attempt.

Information provided by Texas Board Certified Personal Injury Lawyer Mark A. Anderson, who can be reached toll free at 877-294-1115, or contacted by clicking here.

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October 17, 2009

FORT WORTH’S DYN CORP SUED FOR DEADLY HELICOPTER CRASH

Two lawsuits have been recently filed in federal court in San Antonio, Texas against Dyn Corp’s Forth Worth based aviation services division as a result of the 2007 army helicopter crash that killed six military members. The helicopter crash occurred near an airbase in Aviano, Italy. The helicopter was one of Army’s H–60 Black Hawk helicopters and Dyn Corp was in charge of maintenance for the helicopter.

The lawsuits were filed by lawyers based in Michigan, New York, California and San Antonio. That group of lawyers represents the survivors of five of the six victims killed in the crash. The lawsuits will be defended on behalf of Dyn Corp by the Fort Worth law firm of Brown, Dean, Wiseman, Proctor, Hart & Howell.

The wrongful death lawsuits allege that Dyn Corp, through its employees, improperly removed, serviced and reinstalled critical flight-controlled components of the helicopter in early 2007. The lawsuit alleges that Dyn Corp knew of problems with the components based upon prior complaints, but did nothing to remedy the situation.

Dyn Corp employs about 800 full and part-time employees at its Aviation Services Division at Alliance Airport in North Fort Worth.

This 2007 crash was a tragic accident which gained international attention. It will be interesting to see what develops in the course of the litigation. I have no idea if the allegations against Dyn Corp are true. However, if they are true, it is a real tragedy that this helicopter crash could have been prevented.

Information and commentary provided by Dallas Fort Worth Injury Attorney Mark A. Anderson, who can be contacted at 817 294 1900 or at www.maafirm.com.

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October 9, 2009

Child Dies after Storage Unit Crushes Her at School in Waco, Texas

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A portable storage closet fell on a kindergarten student in the gym at G.L. Wiley Middle School in Waco when she and two other children were playing on top of it. They were reportedly chasing a lizard.

The children were attending classes at the middle school while J.H. Hines Elementary is closed for repairs. Princanna Strain, who died en route to the hospital, would have been six-years-old on October 20.

What a devastating accident. My heart goes out to this child’s parents and family. From the picture, the storage unit looks very large and heavy. What was it doing in an area where children would be playing? Perhaps it should have been moved as part of the effort to make a middle school building safer for younger children. Were the children properly supervised? Were there enough teachers to keep an eye on all the children in the gym? These questions and more will have to be answered during the course of this wrongful death investigation.

Information provided by Texas Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached toll free at 877-294-1115, or contacted by clicking here.

Photo from KWTX.com

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October 1, 2009

RECALL NOTICE: Floor Mats in Toyota and Lexus Vehicles May Cause Deadly Accidents

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Toyota Motor Corp. issued a warning on Tuesday that the floor mats found in many popular models of Toyota and Lexus cars may cause the accelerator to become stuck and could potentially lead to dangerous accidents. The warning came after a crash near San Diego in August which killed four family members when their Lexus ES 350 sped out of control, flew off of an embankment, rolled over several times and burst into flames.

Toyota and government officials recommended owners remove the floor mat from the driver’s side of their vehicles and not replace it. Toyota has not said how many complaints they’ve received about this issue, but the National Highway Traffic Safety Administration said it has received reports of 102 incidents where the accelerator may have been stuck on Toyota vehicles.

Toyota advises that if the accelerator appears to be stuck and the driver can’t remove the floor mat, to step on the brake pedal with both feet to slow the vehicle and then try to put the car in neutral and switch the ignition to accessory power.

This can be a huge problem if not fixed, so I encourage all owners affected to make sure they get replacement mats.

The following is a list of vehicles that will be affected in the floor mat recall:
2007-2010 Toyota Camry
2005-2010 Toyota Avalon
2004-2009 Toyota Prius
2005-2010 Toyota Tacoma
2007-2010 Toyota Tundra
2007-2010 Lexus ES 350
2006-2010 Lexus IS 250 and IS 350

For more information consumers can contact the National Highway Traffic Safety Administration at 1-888-327-4236, Toyota at 1-800-331-4331, or Lexus at 1-800-255-3987.

Information provided by Texas Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached toll free at 877-294-1115 or contacted by clicking here.

Photo from NHTSA

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September 27, 2009

Aledo, Texas Man Killed in Bicycle Ride-updated

A 55 year old man from Aledo was killed Saturday when he was hit while riding his bicycle on the west bound service road between Ranch House Road and Farm Road 5. The man, Larry McQuien, was a Vice President for Lockheed Martin. On Monday, the texas department of Public Safety reported that the the fatal accident happended when a Chevrolet Cobalt "veered into" Mr. McQuien as they were both traveling westbound on the service road at mile marker 417. The Cobalt was driven by Casey Tyson, age 20. The DPS has said the investigation is continuing

I feel very sorry for Mr. McQuien’s family and friends for their loss. While bicycling should be a safe outing with friends, it often can be very dangerous. According to the NHTSA, there are around 700 deaths each year from vehicle-bicycle accidents and approximately 52,000 injuries from these types of accidents.

Hopefully this investigation will reveal what caused the accidident. Was the Cobalt driver not paying attention? I recall an accident involving a bicycle which occurred in about the same general area last year where the sun was in the driver's eyes. I have no idea what happened here, but hopefully the family can know soon.

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September 24, 2009

Humvee Flies into Truck and Kills Three in Troy, Texas

A National Guard Humvee caused a tragic crash Wednesday when it somehow went airborne, over the center barrier on I-35, and into oncoming traffic. Authorities are unsure what caused the Humvee to go airborne as it traveled south on 1-35 in Troy, a small town near Temple, Texas. After going onto the other side of the highway, the Humvee struck an oncoming car and an 18-wheeler. The big rig then crashed into a truck towing a trailer, then into a garbage truck. A soldier driving the Humvee, the tractor-trailer driver, and the driver of the car were all killed.

This is a very bizarre accident. I have never heard of a car or truck just going airborne. So I wonder what caused the Humvee to go airborne and over the highway divider. Was it speed? Was there contact with another vehicle before the Humvee went airborne? I am sure the Texas Department of Public Safety is investigating this wreck. To investigate a large wreck like this takes a lot of work and a lot of luck. The Humvee should be equipped with a data box which will yield some information. There is the analysis of the scene, the wrecked vehicles and witness statements. Sometimes in complicated accident cases, I hire an accident reconstruction expert to recreate the accident and help explain to me what really happened.

I feel very sorry for the families of the three individuals killed, as well as those who were hurt in this accident. We all take traveling on our interstate highways for granted and don’t seem to think that accidents like this can happen to us.

Information and commentary provided by Texas Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached toll free at 877-294-1115, or contacted by clicking here.

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August 31, 2009

Structural Problems Caused Bridgeport Teen’s Death

Last week I blogged about a terrible accident in Bridgeport, Texas. The city released a preliminary engineering report last Friday after an investigation into the awning fall that killed Leslie Denison and injured her classmate Rebekah Logan. The report concluded that inefficient structural supports connecting the awning to the building, combined with weather factors, caused the awning to unexpectedly collapse.

The Bridgeport High School students were crushed by the falling awning last Tuesday when they were running as part of their cross country training.

According to the report, the city was unable to find records indicating the age of the building or how long the awning has been attached to Club Barbell and the neighboring businesses. The awning was attached to the top of the building on a grouted stone block wall, which can wear down over time, according to the report. The report also noted that there was no evidence of proper structural supports such as braces or bolts attaching the awning to the building. Weather may have played a part in the tragedy as well; the awning had a wood rather than metal frame, and wood can shrink, swell, or even warp from humidity over time.

There are two more awnings, located on either side of Club Barbell, addressed in the report. While one was determined to be fine, the other has structural problems and is considered dangerous.

This report is not that surprising. Something had to have caused this awning to fall. In this case, it just sounds like poor workmanship by the installer and poor maintenance by the building owner. It would be interesting to know how long the awning had been there.

Information provided by Texas Board Certified Attorney Mark A. Anderson who can be reached at 817-294-1900 or contacted by clicking here.

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August 1, 2009

Tragic Wrong-Way Crash Possibly The Result of Drugs and Alcohol

Toxicology results have revealed that Diane Schuler, 36, was under the influence of alcohol and marijuana at the time of a horrific crash on the Taconic State Parkway in Briarcliff Manor, New York on July 26, 2009. Schuler was returning home from a camping trip when she drove her Ford Windstar minivan on the wrong side of the road and smashed head-on into a Chevrolet Trail Blazer. Among the dead were Schuler, her 2-year-old daughter and her three nieces ages 5, 7 and 8. The driver of the Trail Blazer, Guy Bastardi, his father and a family friend were also killed. The only survivor from the fiery crash was Schuler’s 5-year-old son who is hospitalized in stable condition.

An accident investigator indicated that at approximately 1 p.m. Schuler phoned her brother stating that she did not feel well and was “disoriented and had trouble seeing.” Her brother told her to pull to the side of the road and wait for him to come to her aid. Unfortunately, Schuler did not wait for her brother and drove directly into the unsuspecting oncoming traffic at about 1:35 p.m.

Come on, drinking and smoking with kids in the car? Drinking and driving is a huge problem. In Texas, about half of the vehicle fatalities are related to alcohol.

Information and commentary provided by Mark A. Anderson, Texas Injury Attorney. Please contact the Anderson Law Firm at 817-294-1900 for any questions.

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July 20, 2009

Head on Crash Kills Weatherford, Texas Man

Marion Linville of Weatherford died last night when the Ford truck he was driving crossed into oncoming traffic in the 500 block of W. 4th Street in Weatherford. According to the Weatherford Police Department, Mr. Linville was westbound and for some unknown reason veered into the eastbound lanes and struck a Toyota Minivan occupied by two women. One of the ladies, Sandra Whittlesey of Arlington, was care-flighted to Harris Hospital (Texas Heath) in downtown Fort Worth. She was listed in good condition today. The other occupant of the minivan was Phyllis Whittlesey, age 22, who was taken by ground ambulance to Harris Hospital, where she was treated and released. The truck Mr. Linville was driving also hit a third vehicle, but no one was injured in that vehicle.

This is a strange motor vehicle accident (MVA), as there is no apparent reason for it. Even though no criminal charges are expected, hopefully the cause of the accident will be investigated. I have handled some cases where a medical condition caused someone to drive erratically. Could that be the case here? Or was it a distraction like a ringing cell phone? Maybe the cause will never be known.

Information and commentary provided by Fort Worth Accident Lawyer Mark A. Anderson, who can be reached at 817-294-1900 or ONLINE.

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July 16, 2009

11-Year-Old Boy Hit By Car in East Fort Worth

An 11-year-old boy is in "very critical condition" this morning after he was struck by a car in east Fort Worth around 5:30 a.m.

The boy and three other children were playing with shopping carts on the access road of East Loop 820 in between Ellis Road and Meadowbrook Drive when the pedestrian-auto accident happened.

A 31-year-old woman in a Dodge Stratus said the boy ran out in front of her and she was unable to stop in time before hitting him. He was rushed to Cook Children's Hospital where he is currently being treated for his serious injuries.

Investigators said they were called to the area because they had gotten reports of children out past curfew. They also said the day before, the boy who was hit and another kid who was out were reported as runaways.

This is a sad story--especially if the child is a runaway. I can only imagine a parent's worry over their child missing, let alone finding out from authorities that their child has been critically injured. I hope FWPD will be able to locate the boy's family and that he is able to recover from his injuries.

Pedestrian accdidents can have devastating effects since people have no protection against the force of a car hitting them. If you or a loved one has been hurt by a vehicle, please contact Board Certified Pedestrian Accident Lawyer Mark Anderson by calling 817-294-1900.

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July 14, 2009

Fort Worth SUV Access Road Crash Claims Second Victim

Yesterday I wrote about the three-vehicle crash which happened Sunday night on the exit ramp of I-30 and Cherry Lane near downtwon Fort Worth. That wreck claimed the life of 78-year-old Floyd Boortz and last night, a second victim died from his critical injuries.

Adrian Boortz, 20, was taken to Texas Health Harris Hospital Sunday night after the 10 p.m. accident and was pronounced dead last night around 7 p.m. from his injuries.

Adrian and Floyd Boortz were putting gas in their van on the access road when a 35-year-old driver of a Kia SUV crashed into them and their van as the motorist was exiting the freeway. A 20-year-old woman in the van was not injured and a 2-year-old toddler was taken to Cook Children's Hospital to be checked out but did not seem to be injured. The Kia went on to slam into a Dodge sedan in front of the parked van whose driver had stop to help the men fill their vehicle with gas.

Neither the driver of the Dodge or the Kia were injured.

An accident investigation has revealed alcohol or drugs were not a factor in this accident. Unfortunately, it has turned into two wrongful death accidents. This family seems to have been in the wrong place at the wrong time. My heart goes out to whom I assume is the wife or girlfriend of the second victim--the 20-year-old woman and the child in the van.

Wrongful death claims can be brought by relatives left behind by victims of tragic accidents like these. If you have questions about wrongful death claims in Texas, please contact the Anderson Law Firm to learn your rights by calling 817-294-1900.

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July 13, 2009

1 Killed, 1 Critically Injured After Fort Worth Crash on I-30 Access Road

A 78-year-old man died last night and a 20-year-old is in critical condition after the two were involved in a vehicle-accident on an Interstate 30 access road in Fort Worth.

Floyd Boortz and an unidentified 20-year-old were stalled on the Cherry Lane exit ramp filling their van with gas when a Kia SUV hit them as it was exiting the freeway. The auto accident happened around 10 p.m. and Boortz died from his injuries shortly after at Texas Health Harris Hospital in downtown Fort Worth. The 20-year-old man is still being treating at Harris.

A two-year-old toddler and 20-year-old female were in the van when the Kia struck the two men outside, as well as the van, and then went on to hit a Dodge sedan parked in front of the van whose driver had stopped to help put gas in the men's van.

Police did not release the name of the 35-year-old driver who casused the accident, but investigators don't believe alcohol or drugs were factors in the crash. An investigation will further reveal what happened.

This is a devastating wrongful death case because there were so many people involved in the accident who witnessed the Kia striking the two men. Fortunately, the woman and her baby were not injured and I hope the 20-year-old man's injuries heal quickly.

If you or someone you know has been injured or killed as the result of someone else's negligence, please contact Board Certified Fort Worth Accident Lawyer Mark Anderson for a free consultation by calling 817-294-1900.

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July 12, 2009

Fiery Wreck on Loop 820 in Fort Worth Kills Man

A horrible wreck occurred Friday during afternoon rush hour on the eastbound lanes on Northwest Loop 820 in Fort Worth, Texas. The wreck started when a pickup rear ended a Chrysler. Then a Chevy Trailblazer rear ended the pickup, and a Grand Cherokee ran into the back of the Trailblazer. The bus operated by the Fort Worth Transportation Authority ran into the Grand Cherokee, which caught fire. The fire killed the driver of the Cherokee. The fire also spread to the T bus and the Trailblazer.

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Besides the death, this chain-reaction accident caused other injuries. Two of the drivers were transported to Parkland Hospital’s burn unit. Two others with lesser injuries went to local Fort Worth hospitals.

The driver of the T bus, Ronnie Ware, was able to assist the sole passenger off the bus, and the passenger was not injured.

This horrible wreck surely could have been prevented. Driving in rush hour where the cars are more apt to slow and stop on the freeway takes extra precaution. Here, the drivers were approaching Interstate 35 and the traffic is usually bad there at that time of day. I am sure the investigation will focus on what caused the initial accident and why the T bus was unable to come to a stop. Bus and Truck accidents usually have serious, often fatal results.

Fort Worth Accident Lawyer Mark A. Anderson assists those injured or the families of those killed as the result of others negligent acts. Contact us at 817-294-1900 or at www.maafirm.com.

Photo from www.star-telegram.com.

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July 6, 2009

1 Person Killed in Disney World Monorail Crash

One person died and five or six were injured in a crash on the monorail train system in the Magic Kingdom park at Walt Disney World over the weekend.

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The accident happened at 2 a.m. early Sunday morning in Lake Buena Vista, Florida. 21-year-old Austin Wuennenberg died at the scene. He was the driver of one of the wrecked trains. The driver of the other train was not injured.

This is the first monorail-related fatality at Walt Disney World in Florida; there has been one at Disneyland in California. The Florida monorail has been in operation for 38 years.

The transit system--which carts thousands of people around the Disney parks each day--was shut down Sunday while an accident investigation was conducted. There's been no word yet on what caused the crash.

Information provided by Fort Worth Board Certified Accident Attorney Mark A. Anderson.

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July 1, 2009

University of Texas Football Player Suffers Concussion in Car Accident

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

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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.

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June 28, 2009

TV Pitchman Found Dead: Was Hitting His Head on a Flight the Cause?

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."

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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.

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June 22, 2009

Omni Hotel Pool Accident Results in Death of Southlake Teen

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.

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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.

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June 21, 2009

Freak Inner Tubing Accident Kills 11-Year-Old Boy

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.

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June 14, 2009

Cowboys Knew of Design Flaws, Creates New Potential for Injury Lawsuits

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.

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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.

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June 5, 2009

Dallas Man Dies After Bike is Struck by Car

Dallas resident Neil Russell Murphy, 66, was killed Thursday morning in a bike accident with a car. A 57-year-old Lake Dallas driver in a 1992 Chevrolet was behind Murphy and collided with the back of his vintage Western Flyer Bike (see picture). Murphy was taken to Methodist Dallas Medical Center where he later died.

The bicycle pedestrian accident happened in the 1200 block of North Cockrell Hill Road in Dallas at approximately 9:30 a.m. The driver of the Chevy stopped and charges weren’t filed, however, the case has been referred to a grand jury since it’s being investigated as a criminally negligent homicide.

When vehicles collide with bicyclists or pedestrians, the results are almost always tragic or life-changing. Even though Mr. Murphy was wearing a helmet, it wasn’t enough to protect his body from the force of the car. Drivers need to be extra cautious of pedestrians during these summer months and likewise, pedestrians need to use sidewalks whenever possible.

Wrongful death Attorney Mark A. Anderson is happy to offer free consultations to those who have been hurt in pedestrian accidents or to families who have lost loved ones in such circumstances. Contact the Anderson Law Firm online for further information.

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May 11, 2009

Woman Killed in 3-Car Lewisville, Texas Wreck

A vehicle wreck on Interstate 35 in Lewisville left one dead Sunday night.

Darla Dale, a 39-year-old woman from Lake Dallas died at the scene after she lost control of her Pontiac Sunfire, hit a wall and then spun out, crashing into two more vehicles. This accident occurred on I-35E just after 9 p.m. near the exit for FM 407 in Lewsville.

The occupants of the two other vehicles Dale hit—a Chevy Impala and a Pontiac G6—fortunately did not report any injuries.

An accident investigation is still underway to determine what caused Dale to lose control of her car.

If you have been in a car crash and sustained injuries due to the result of someone else’s negligence, please contact the Anderson Law Firm at 817-294-1900.

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May 5, 2009

Cleburne Motorcycle Accident Kills Young Man

Police in Cleburne are still looking for the driver of a dark-colored Dodge pickup truck, who was involved in an accident with a motorcycle early Monday Morning.

According to the Johnson County Sheriff’s Office, an 18-year-old man was driving his Kawasaki motorcycle in the 3600 block of Texas 174 when he lost control of his bike while trying to pass an 18-wheeler and crashed into oncoming traffic. He was killed as a result.

It is believed that the Dodge pickup hit the bike at one point and might have damage to its back quarter panel. The truck departed the scene before police or an ambulance arrived around 6:15 a.m.

The motorcycle crash happened just south of Cleburne near County Road 1205. The victim’s name has not been released yet. If anyone has information about the missing truck, please call the Johnson County Sheriff’s Office at 817-556-6060.

If you or someone you know has been injured in a motorcycle crash, contact the Anderson Law Firm for a free consultation on your rights.

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March 26, 2009

Ennis Wreck Impales 10-Year-Old Boy and Mother with Crowbar

Wednesday around 4:30 p.m. a 10-year-old boy was impaled by a crowbar after the pickup truck he was riding in was rear-ended in Ennis, Texas. The car accident—which happened at the intersection of Highway 287 and Highway 34, caused an inch-in-diameter crowbar from the bed of the truck to be thrust into the cab. It impaled the boy’s lower back and leg and continued on to pierce his 38-year-old mother’s back, who was seated in front of him in the front passenger seat.

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It took fire and rescue crews almost two hours to cut the boy out of the truck; rescuers said he was alert, oriented and talking throughout the process. He was taken to Medical City Children’s Hospital in Dallas and his mother was taken to Parkland Hospital. Miraculously, neither suffered life-threatening injuries.

The woman who hit the Ford Ranger pickup truck, causing the accident will not be charged. The wreck happened yesterday during the severe thunderstorm weather that hit North Texas.

If you or your child has suffered bodily injuries as the result of someone else's negligence, in a car wreck--or any other type of personal injury accident, please contact the Anderson Law Firm for a free consultation on how to recover damages.

Photo courtesy of NBC-Dallas.

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March 18, 2009

Man Faces Homicide Charges after Killing 11 in Mexican Tour Bus Wreck

The driver of an 18-Wheel Tractor Trailer faces homicide charges after his semi truck crashed into a Mexican tour bus on Monday, killing 11 and injuring many more. Investigators are still waiting on toxicology results to show the truck driver’s blood alcohol level which many suspect was over the limit. The Grupo Senda bus tour, which was hired out by McAllen, Texas-based Viva Mexico Tours was headed to Zacatecas in the Lower Rio Grande Valley, which was just one stop along the four-day tour of the area.

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The semi-driver apparently lost control and swerved to overcompensate before crashing into the driver side of the tour bus. The truck had been traveling in the opposite direction of the bus. One of the bus passengers who escaped death said the first six rows of the tour bus were completely crushed. The driver of the tour bus, Cesar Garcia of Mexico was killed on impact.

Passengers on the bus included Mexicans, Americans and even Canadians. Among them, seven Americans were killed—including two Brownsville, Texas school teachers, as well as three Canadians and the Mexican driver. Sixteen people were injured—many seriously, but all are said to be in stable condition now.

The driver who caused the accident was hurt, but not critically, and now faces potential involuntary homicide charges due to the severity of the wreck and the number of those killed. His name has not been released yet as the accident investigation continues.

If you or someone you know has been injured or wrongfully killed in a truck, bus, car, motorcycle, or other vehicle-related accident, please contact the Anderson Law Firm at 817-294-1900 for a free consultation on your rights.

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March 17, 2009

Freak Accident Injures Fort Worth Toddler

Yesterday evening, in the 3000 block of Las Vegas Trail, a toddler was injured when a group of teenagers threw rocks at the car she was riding in. The two-year old had a contusion and swelling to her right cheek, but did not suffer any life-threatening injuries. The girl’s mother was driving and noticed a group of teens throwing rocks from the sidewalk as her car approached them. One of the teens then threw a rock which flew through an open window and struck the girl as she drove by. The culprit was a 15-year-old girl who admitted fault and was taken to the Tarrant County Juvenile Detention Facility. This personal injury accident happened around 6 p.m.

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The Anderson Law Firm handles all types of injury accidents, and most times, they result from vehicle accidents like car, truck and motorcycle wrecks. Occasionally, we get calls about dog bites and other common accidents. But there are so many ways a person can be injured as the result of someone else’s negligence that it’s too hard to categorize them all. This is the perfect example of a freak accident which cannot be categorized, but it’s also a case I might be able to take after some investigation.

If you or someone you know has been injured as the result of another person’s negligence, please contact the Anderson Law Firm to discuss your rights at 817-294-1900.

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March 6, 2009

What To Do if You're in an Auto Accident

People panic when they’re in an automobile accident. All the rules you’ve ever heard for what to do in an accident fly right out the window when an accident occurs. To make sure you’re prepared if you’re ever in an accident, make a list of procedures (or print this one out!) and keep it in your glove compartment with your registration so you’re sure to follow the right steps.

Call the police if you’re in an accident.
Call the police – no ifs, ands or buts. Let the police determine whether the accident warrants a written report, and let the police collect insurance information from the other driver. If you’re unable to retain the other driver at the scene of the accident, make sure you get a thorough description of the vehicle, including the license plate number, color make and model of the car. Also get witnesses’ information if they need to leave before the police arrive.

Seek medical treatment sooner rather than later.
Sometimes it’s readily apparent when you’re in an accident that you need medical assistance. Other times, it doesn’t seem obvious until the next day, or even a week later, that something isn’t right because of the accident. Seek medical treatment sooner rather than later. If nothing else, go to the ER and follow up with your doctor a week or two later. If you don’t seek medical treatment right away but develop complications later, it’s more difficult to tie your injuries to the accident if you didn’t seek medical assistance quickly.

Get photos of the scene, if possible.
The best thing you can do for yourself if you’re in an accident is to get photos of the accident scene, if possible. Get photos of your car, the other car and the surrounding area. Take photos from multiple perspectives to capture all the relevant details from the accident. If you can’t get photos at the time of the accident, return as quickly as possible to the scene to get photos of the area.

Consult a personal injury attorney.
Insurance companies can be quite a hassle if you’re involved in an auto accident. If you don’t want the hassle of dealing with the insurance companies, contact a Board certified personal injury lawyer if you’re involved in an accident. Let the lawyer be your advocate and deal with the insurance companies directly.

Information provided by Mark A. Anderson, Fort Worth, Texas
Contact: 817-294-1900 or Contact Mark A. Anderson Online

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March 5, 2009

Take Photographs at Car Accident Scenes

When you’re involved in an accident, you should try to get photographs of an accident scene as quickly as possible. Why do you need photos of an accident scene?

Photographs back up what you say.
One of the most important considerations in a personal injury case is to establish credibility. Photographs physically back up what you say by showing how things happened. Not only does this strengthen your personal injury case in terms of facts, but it also makes you look like a more credible party.

Photos can demonstrate negligence.
Depending on what’s included in a photograph, photos can demonstrate negligence. If you slip and fall on debris that someone should have spotted and cleaned, photographs can show the debris and demonstrate that the party was negligent in not cleaning it. Likewise if photographs show an auto accident scene where a vehicle made no attempt to stop (i.e. skid marks) before hitting your car, the photo can help to establish the liable party’s negligence.

Photographs show the extent of the damage.
One of the most popular defense mechanisms for a liable party is to attempt to minimize the damage of an accident. Photographs show the extent of the damage at an accident scene. If a liable party tries to say you weren’t injured badly in an accident, but a photograph shows a car so mangled that you had to have the Jaws of Life pry you out, the liable party can’t minimize that photograph away.

Good photos can help counter any defense.
Popular automobile accident defenses may include inclement weather, poor road conditions, blocked or obscured street signs or other considerations that prevented the liable party from exercising due caution. Good photos that show the accident scene can counter all of these defenses by showing conditions at the time of the accident.

If you have questions regarding your personal injury claim, The Anderson Law Firm offers free consultations. Please call us at 817-294-1900 or contact us online.

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February 27, 2009

Texarkana, Texas Motorcycle Wreck Leaves Two Injured

Location: Bowie County, Texarkana

Type: Motorcycle/Car Accident

Outcome: Two Hospitalized

Two people are injured after a motorcycle accident in the Bowie County area of Texarkana, Texas. A 25-year-old man on a motorcycle was hit by a 52-year-old woman who turned in front of him. The motorcycle rider struck her car and flew up over it. He was taken to the hospital with critical injuries. The driver of the car was treated and released with minor injuries however, charges are now being pressed.

These types of accidents occur all too often when drivers don’t see or anticipate the speed of motorcyclists. If you or someone you know has been injured in a motorcycle crash, please contact the Anderson Law Firm to learn your rights at 817-294-1900.

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February 26, 2009

Drunk Driver Severely Injures Toddler; Bond Set at $100,000

2-year-old Abdallah Khader remains on life support at Cook Children’s hospital in Fort Worth after his car was hit by an alleged drunk driver. Stewart Richardson is in jail on $100,000 bond. He has been charged with intoxication with serious bodily injury and DWI felony repetition. Richardson has outstanding drunk-driving charges in Iowa, Colorado and Utah.

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The car crash happened in Arlington. Richardson rear-ended the Khadar family after he’d been drinking at two bars—Applebee’s and Mr. B’s, both in Mansfield. His blood alcohol level was more than three times the legal limit at the time of the wreck at .25. Witnesses say he showed no remorse and when he heard of Abdallah’s condition, he said, “that sucks.”

Since Abdallah is Muslim, religious beliefs are preventing his family from taking him off life support even though 80 percent of his brain is damaged. If he lives, he will have severe brain injuries and if he dies, it will be unfacilitated. The family has filed a civil action suit as well and investigators are looking into the two bars which served Richardson the night of the wreck.

If you’ve been injured in an accident as the result of someone else’s negligence, please contact the Anderson Law Firm for a free consultation on your rights at 817-294-1900.

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February 24, 2009

CLEBURNE FAMILY AND ATMOS ENERGY SETTLE LAWSUIT

In May 2007, a huge explosion destroyed David Powlik’s house in Cleburne, Texas. The explosion killed his wife and daughter and injured his son-in-law and his granddaughter.

The explosion at Powlik’s house was caused by trapped natural gas. He did not even have natural gas service at his house, as he had an all electric system. The Cleburne Fire Marshall conducted an investigation. It found out that the main gas line in front of the Powlik’s home had been leaking into the soil. The soil was saturated by heavy rains and the gas was not able to escape; instead, it leaked into the sewer system. From there, a line in the Powlik’s air conditioning unit acted like a pump and drew the gas into the home. From there, the air conditioning system circulated the gas throughout the house. The blast occurred when Hazel Powlik lit a cigarette.

The lawsuit alleged that Atmos did not properly maintain its lines. The terms of the settlement are confidential and are not disclosed to the public.

This is a very tragic and preventable explosion. I am very familiar with this area, as I own a property across the street from the site of the explosion. My property, like the Powlik’s house, is all electric and I would never dream that an explosion caused by a gas leak could occur there. It takes lawsuits like the one here to discover all of the facts and figure out exactly how Atmos Energy could have prevented this tragic occurrence. Clearly, it is their responsibility to inspect and maintain the gas lines. The Powliks have no responsibility in that regard and were nothing more than innocent citizens. Hopefully, Atmos will learn how to put in place a better program to inspect and maintain its gas lines for the safety of Texans everywhere.

Author: Mark A. Anderson, Board Certified Injury Attorney, Fort Worth, Texas

Contact Information: www.maafirm.com or (817) 294 1900.

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February 23, 2009

Motorcycle Wreck Kills Unidentified Man in Haltom City

A man killed in a motorcycle accident Sunday night on Airport Freeway in Haltom City, Texas remains unidentified. The driver of the bike had been wearing a helmet when his motorcycle ran into the back of a pickup truck in the 6100 block of Highway 183. He had been riding with at least two other bikers around 7:45 p.m. when the wreck happened. The man died at the scene after his Suzuki GSXR 600 speed bike struck the back of a 1995 Ford F-150. The impact threw the man from his bike and police are saying speed was a factor contributing to the accident.

Sport bike racing and riding has become a popular sport in DFW in recent months, but a handful of young men have died as the result of dangerous riding. If you or someone you know was injured as the result of someone else’s negligence while riding a motorcycle, sport bike, or any other type of vehicle, please contact the Anderson Law Firm at 817-294-1900 to learn your rights.

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February 17, 2009

Vehicle Crashes Near Grapevine Church, Leaves One Dead

Date: February 15, 2009

Location: North Park Boulevard in Grapevine

Type: Rollover Wreck

A 21-year-old man was killed after the car he was riding in flipped several times before hitting a 5-foot-10 Grapevine, Texas church sign Sunday night. Michael Bentley was taken to JPS Hospital where he was pronounced dead after the car accident.

Now, the driver of the Ford Focus—a 20-year-old man whose name hasn’t been released yet, has been arrested on suspicion of intoxication manslaughter. He and another passenger, a 19-year-old female, were treated for minor injuries and released. The accident happened at 9 p.m. Sunday night near First Presbyterian Church of Grapevine. Charges have yet to be filed.

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February 16, 2009

Man Killed in Coppell, Texas Accident

Date: February 15, 2009
Location: LBJ Freeway
Type: Car Accident
Outcome: One Dead

A man was killed overnight when his car rolled off of an embankment in Coppell, Texas on LBJ Freeway. His car rolled 40 feet and landed upside down in a creek between Royal Lane and Freeport Parkway. His body was recovered by divers but he has yet to be identified. An accident investigation will hopefully reveal what caused the wreck.

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February 10, 2009

Wise County Rollover Accident Kills Girl on 6th Birthday

Over the weekend a tragic one-car accident in Bowie, Texas killed young Allison Hammer on her sixth birthday. The wreck occurred when the van she was riding in veered off the road, and rolled after the driver tried to over-correct. The van was driven by her aunt and unfortunately, Allison was not wearing a seatbelt.

Texas law requires the use of child safety seats if the child is less than five years old and less than 36 inches in height. But those are the minimum standards, and it is recommended that all children be in child safety or boosters seats, or at the very least, have seat belts on. Since it was Allison’s sixth birthday, no law was broken by her not being in a car seat. But it is illegal to not wear a seat belt. Seatbelts do save lives.

According to the National Center for Statistics and Analysis, the leading cause of death or injuries to children is auto accidents. Approximately seven children are killed and 700 are injured every day in the United States in car crashes.

Information provided by Texas Accident Attorney Mark A. Anderson.

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February 4, 2009

Potential Intoxication Manslaughter Charges to be Brought in Death of Arlington Boy

An Arlington, Texas man is in the Grand Prairie jail today awaiting potential intoxication manslaughter charges after he killed a 17-year-old Arlington student in a car wreck Friday. 20-year-old Adrian Quezada Jr.’s bail has been set at $30,000 after he was arrested Monday on suspicion of intoxication assault just after he was released from the hospital.

Investigators are awaiting the results of a blood-alcohol test—they suspect alcohol was a factor in the crash, as well as speeding.

The wreck happened Friday in Arlington when Quezada’s GMC pickup truck hit 17-year-old Robert Joslin’s 1977 Chevy Malibu as he sat at a red light. The impact caused Joslin’s car to then crash into an SUV which was also stopped at the light. Joslin and his passenger were taken to Dallas Hospitals; he was taken off life support yesterday. His passenger was treated and released along with two injured people in the SUV.
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Joslin was the starting center fielder for Sam Houston High School’s football team.

Ironically, just last week, a plan was announced to try and reduce the number of severe car accidents in the Dallas-Fort Worth Metroplex. In just over one month of the New Year, there have already been six accidents in Arlington involving fatalities and two in Grand Prairie.

Information provided by Arlington DWI Car Accident Lawyer Mark A. Anderson. Photo courtesy of star-telegram.com.

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February 3, 2009

Woman Killed In Euless, Texas Rig Accident

Date: February 3, 2009
Location: Airport Freeway and Industrial Road
Type: Truck accident
Outcome: Wrongful Death

A woman is dead after an 18-wheeler big rig rolled onto her car, crushing her. The accident happened late this morning at 11 and police are still investigating the woman’s identity. Her body wasn’t recovered from the wreckage until two hours later. She had been driving on Industrial Boulevard in Euless, Texas (also known as Farm Road 157) when the rig driver—carrying a large load of sand, attempted to turn southbound onto Industrial from the Airport Freeway (Hwy 183) service road. He turned right into her Chevrolet.

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February 2, 2009

Weatherford, Texas Woman Critically Injured in Nebraska Car Wreck

Date: February 1, 2009
Location: Cass County, Nebraska
Type: car accident
Outcome: one dead, two critically injured

A Weatherford, Texas woman is in critical condition after a wreck early Sunday morning. 44-year-old Karen M. Frank was ejected from a vehicle in Cass County, Nebraska over the weekend. The driver, from Plattsmouth, Nebraska lost control of the vehicle, rolling it several times. All three occupants, including Frank, were ejected. The driver was killed. Frank was taken by helicopter to the Creighton Medical Center in Omaha, Nebraska with critical injuries. None of the three occupants were wearing seatbelts at the time of the wreck and an accident investigation is being conducted to determine whether or not alcohol was a factor.

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January 31, 2009

Rock Hauler Crushes Man’s Car on I35E in Dallas

Date: January 30, 2009
Location: I35E and Saner Ave.
Type: truck and car accident

A man was critically injured Friday after a rock-hauling 18-wheeler crushed his Toyota Corolla on Interstate-35E at Saner Avenue in Dallas, Texas. Somehow, the large truck wound up with its rear wheels on top of his small car and several firefighters had to extricate the man before he was quickly transported to Methodist Hospital in Dallas in critical condition. The man’s passenger, a woman, was able to escape the vehicle and was not injured. The wreck, which happened right around 2 p.m., shut down the interstate until 4:40 p.m. when everything was finally cleared. An accident investigation is being conducted to determine how the wreck occurred. The driver of the rock-hauler was not injured.

Information provided by Texas Board Certified Injury Attorney Mark A. Anderson. Photo courtesy of NBC5.com.

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January 25, 2009

Texting Confirmed Cause of Fatal Decatur, Texas Car Wreck

Last Wednesday, 16-year-old Chelsea Lunt was texting on her way to Decatur High School just before losing control of her pickup truck. The truck flipped five times after she tried to overcorrect it before landing in the ditch on U.S. 81/287, just short of the FM 730 exit. Lunt was killed instantly in the car accident. Although she was wearing a seat belt, her body was partially ejected and she suffered major head injuries.

Lunt was on her way to track practice and had been texting a boy during the drive. 11 messages had been sent to the boy on her drive to school—the last was at 6:51 a.m.—the time of the accident, which was called in two minutes later.

Witness statements revealed that the sophomore had been swerving in her lane, an indication that she might have been distracted by something. An accident investigation, which will continue for weeks as police await test results, revealed that texting was the absolute cause of the tragic wreck.

According to an article published a year ago in U.S. News and World Report, approximately 20 percent of people on the roads were texting while driving. I’m sure that number has increased in the last year. Already, texting and driving has been banned in New Jersey and Washington, and 16 other states were considering legislation that would ban the distracting activity. Most of these states are in the Midwest and on the East Coast, but unfortunately, Texas is not among them.

The good news is Texas does recognize texting—and using a cell phone in general, while driving as dangerous. Already, several cities in North Texas ban the use of cell phones, including texting, in school zones. Hopefully, our state will jump on board soon as far as extending the ban to major roads and highways.

Funeral services for Lunt—a star athlete in volleyball and track, were Saturday in Decatur, Texas.

Information provided by Fort Worth Personal Injury Attorney Mark A. Anderson.

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January 19, 2009

Double Motorcycle Fatalities Close Highway 183 Overnight for Investigation

Just after 9 p.m. last night, two motorcyclists on separate bikes were killed in the westbound lanes of Highway 183 just past Loop 12 in Irving, Texas. Apparently road debris caused portions of the busy road to be temporarily closed, resulting in back-ups and heavy traffic. Witnesses said they saw the two cyclists weaving in and out of traffic to avoid the congestion just before the motorcycle crash. The accident facts are still unclear, but the cause of the wreck happened when both bikes collided into the back of a minivan.

The wreck, which happened near Texas Stadium, closed down Highway 183 for hours Sunday night as an accident investigation was conducted. Traffic was diverted off of the westbound lanes onto Loop 12 and a service road.

News reports have not revealed what type of bikes the 21-year-old woman and 42-year-old man were riding at the time of the wreck. Last year, sport bike riding at high speeds was the cause of several Dallas-Fort Worth, Texas deaths. An investigation will further reveal the facts of this tragic accident.

For the full story, watch WFAA Channel 8’s live coverage.

Contact Fort Worth Motorcycle Accident Attorney Mark A. Anderson at 817-294-1900.

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January 16, 2009

Plane Crashes into Hudson River, Everyone Walks Away Safe

Just after 3 p.m. yesterday, U.S. Airways flight 1549 taking off from La Guardia Airport in New York and heading to Charlotte, North Carolina was forced to make a crash landing into the Hudson River. Miraculously, all 150 passengers and five crew members survived and only suffered minor injuries. Shortly after take-off, the plane ran into some birds which got stuck in the engines, causing two of them to fail. The SAS Airbus A320 was brought down so carefully and at such an angle, that pilot, Chesley B. "Sully" Sullenberger kept the plane from submerging. Nearby ferries in the river were then able to arrive quickly and rescue the passengers from the wings of the plane. The temperature outside was 19 degrees Fahrenheit and the water was 40 degrees. Thanks to a quick rescue, few passengers suffered minor hypothermia and most just walked away with bruises.

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Photo courtesy of ABC News

The pilot is now being hailed as the Hudson River Hero because of the incredible way in which he averted crisis and stayed calm while keeping everyone safe. Sullenberger has had many years experience and training in air crisis management and was able to put his skills to good use. Many are saying the plane was extremely lucky to have the pilot it did in that particular situation as he was highly trained and prepared for an accident such as this.

While some might see this as an opportunity to make a claim against U.S. Airways for recovering damages and pain and suffering, it is my opinion that those on board should be grateful to be alive. It appears that the circumstances which caused the engines to fail were completely out of the airline’s control.

In the past, I have written about freak accidents like the military jet that crashed into the San Diego home or the helicopter that fell into a Wisconsin home as the family slept, and in cases like those where people were killed or could have been killed innocently in their homes, a wrongful death claim might be more appropriate. The people on the airbus yesterday are undoubtedly thankful to walk away unharmed and with a heck of a story to tell.

If you have been personally injured as the result of someone else’s negligence, I’d be happy to talk to you about your rights. Contact Fort Worth Personal Injury Attorney Mark A. Anderson at 817-294-1900.

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December 23, 2008

Icy Bridge May Be Cause of Deadly Mansfield Wreck on Highway 287

Ice on a bridge may have been the cause of a tragic accident this morning as two people died when a truck and a sport utility vehicle collided on Highway 287 at Lonestar in Mansfield, Texas. Both of the fatalities were passengers of the SUV. There were three other passengers of the SUV who were transported to John Peter Smith Hospital in Fort Worth. The accident is still under investigation.

As we all know, icy roads and especially bridges are very dangerous and hard to navigate. It is sometimes even tougher when there is not ice or snow all around, as the ice on the bridge is not expected. I did not encounter any ice today and it was not even on my mind to be careful. After getting to work, I noticed where the news were reporting about all of the iced over bridges. This tragic accident is just one more reminder.

If you have questions about an automobile accident, feel free to contact Tarrant County Injury Attorney Mark A. Anderson online or call him at 817-294-1900.

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December 22, 2008

Frozen Sprinkler Water May Have Caused Rollover Death in Seagoville, Dallas County

A 44-year-old woman was killed early this morning on Highway 175 and Malloy Bridge Road in Seagoville, Texas when her car flipped and ejected her. She died at the scene. Fortunately, the passengers in the car accident—the woman’s daughter and two grandchildren, ages 6 and 2, were taken to the hospital with minor injuries and are expected to be released later today.

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A Dallas County Sheriff’s spokeswoman said that water from nearby sprinklers may have been the cause for the slick road, which in turn caused the rollover, resulting in death.

So that raises the question of whether or not it is negligent to allow your sprinklers to hit the road when it’s below freezing. In my opinion, I don’t think you should be running your sprinklers in the winter when temperatures might drop below 32 degrees. But what’s potentially negligent is allowing water to fall onto the road. It is my understanding that most cities have ordinances which prevent excess water on the streets. If that’s true, then there is definitely a possibility that someone was negligent in breaking a city ordinance which, not only resulted in an injury to a child, but also in the wrongful death of an innocent person.

If you have questions regarding an injury claim, feel free to contact Fort Worth Injury Attorney Mark A. Anderson online, or by calling 817-294-1900.

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December 12, 2008

Texas Elementary School Crossing Guard Hit by Car—Clear Liability Case

This morning in Carrollton, Texas, an elementary school crossing guard was hit by a passing car. The car accident happened around 8 a.m. at L.F. Blanton Elementary School on Scott Mill Road. Since it happened just three hours ago, no more information has been released on the people involved or their injuries.

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I recently just settled a pedestrian injury case exactly like this. My client in that case was working as a crossing guard at a local Fort Worth, Texas elementary school. It was a cold morning and there was a small layer of ice on the windshields of the cars. Unfortunately, one idiot didn’t take time to scrape the ice off his windshield and chose to drive with an obscured view. He didn’t see my client and ran him over. We were able to obtain the full insurance policy limits for my client on that case.

Injuries happen every day in Fort Worth and many people don’t immediately think to make personal injury claims on pedestrian accidents or other types of accidents that are not car wrecks, truck accidents or accidents that are work-related like oil field injuries, for example. Sometimes in automobile wrecks or truck accidents, a “he said, she said” debate arises over who was at fault—especially if there is no police report to show who was at fault. But the truth is, accidents like a crossing guard struck by a car make the most compelling cases. A man or woman helping children cross the street at a school is just doing his or her job in a school zone where the speed limit is only 20 miles per hour. There is no disputed liability if they are hit by a car. The driver of the car is clearly at fault.

If you or someone you know has suffered personal bodily injuries as the result of someone else’s negligence, even in the strangest of ways—car accident, pedestrian accident, ATV accident or other type of accident which may not even be classified, please call me to discuss your rights at 817-294-1900 or feel free to Contact Mark Anderson Online.

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December 3, 2008

Elderly Man Crashes Truck into Cub Scout Troop at Christmas Parade in Texas

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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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