Auto Accident Results
Traffic Accidents in Texas have a huge impact on the lives of Texans. We are a car and truck driving bunch. With all of us out on the roads and with all the modern distractions that we have, our roadways can be very dangerous places. When you add alcohol, cell phones, unsafe vehicles and bad drivers, it is a wonder sometimes that we are able to get from here to there in one piece, and the statistics back that up. Almost 250,000 people were injured in car accidents in 2015 – that is one person every two minutes. Eleven people die, on average, every day in a car accident in Texas and there was not a single day in 2015 that at least one person was not killed in a motor vehicle crash.
Over the past decade, the Merman Law Firm has represented hundreds of motorists injured in car accidents in Texas. Over that time, we have recovered millions of dollars for our clients. It would be impossible to list every case, so we have chosen one of our favorite cases from each year over the past decade to give you an idea of what you can expect when you hire the Merman Law Firm for your car accident case.
2007 - Sloane Cunningham v. Billy McClain – Cause No. 416-2686-05 in the 416th Judicial District Court of Collin County, Texas
Ms. Cunningham was hit while riding her bicycle near her home in Collin County, Texas. She hired Mr. Merman for the expressed purpose of trying her case to a jury – the case had been handled by another attorney that Ms. Cunningham terminated. Mr. Merman tried the case before the Honorable Judge Oldner in the 416th District Court of Collin County and received a verdict for the Plaintiff.
Result: Verdict For Plaintiff
Past Medical: $12,000
Pain and Suffering: $5,000
Pre-Judgment Interest: $3,208.88
Court Costs: $1,241.30
Verdict: $21,450.25
2008 - C. Rodriguez v. Union Pacific RR Co., Cause No. 2007-60381-393 in the District Court of Denton County, Texas, 393rd Judicial District
Mrs. Rodriguez’s husband was driving his two boys to their grandmother’s house one afternoon and had to cross a railroad crossing – there were no crossbucks at the crossing to keep him from going onto the track. Mr. Rodriguez was hit by a Union Pacific train; he was killed, as was his oldest son. His youngest son survived because he was sitting between his father and older brother, but he was seriously injured. Four days after the accident, a representative of Union Pacific had Mrs. Rodriguez sign releases in exchange for Union Pacific paying $22,000 to help with the funerals for her husband and oldest son and her youngest son’s medical bills. A firm in Dallas referred the case to Mr. Merman because they knew he would fight the releases and revive the case for the family.
On March 31, 2008, Mr. Merman moved for summary judgment to invalidate the releases Mrs. Rodriguez signed. The Honorable Judge Isaacks agreed with Mr. Merman’s arguments and ruled that the releases signed by Mrs. Rodriguez were invalid and unenforceable, clearing the way for Mr. Merman to negotiate with Union Pacific for a fair settlement of the family’s claims.
Result: Confidential Settlement for Plaintiff
2009 - Ginther v. Hamilton; Cause No. 43182 in the 329th District Court, Warton County, Texas
Mr. Ginther was hit from behind by an uninsured motorist, which caused his previously-injured back to become worse; he required surgery to repair it. As the first step in a four-year campaign to recover for his client’s medical bills, lost wages and pain, Mr. Merman received a judgment of almost $2Million. He later filed suit against Mr. Ginther’s insurance company and recovered a confidential settlement under his uninsured/underinsured motorist coverage.
Judgment for Plaintiff: $1,977,549.50 on December 9, 2008
Post-Judgment Settlement (2009) - Confidential
2010 – J. G. v. Defendant Trucking, Inc., Cause No. 2008-40776 in the 215th District Court of Harris County, Texas
J.G. was injured when his truck ran under an 18-wheeler that had pulled out into the road in front of him. The roof of J.G.’s truck was sheared off and his head was pinned between his seat back and the trailer on the truck. Mr. Merman, working at the time with Robert Luke, alleged that J.G. had the right of way. As alleged in the final petition, J.G. suffered severe bodily injury, including severe brain injury. Mr. Merman and Mr. Luke litigated the case for almost two years and took more than a dozen depositions before finally settling the case for a confidential amount.
Result: Confidential Settlement for Plaintiff
2011 – L.B.S. v. Defendant, Inc., in the 113th Judicial District Court, Harris County, Texas
In June 2007, Mrs. Smith was struck from behind by a man driving a commercial vehicle, which contained radioactive materials. The driver of the vehicle admitted to falling asleep at the wheel. The Merman Law Firm investigated further and discovered that the man later died of drug (heroin) ingestion. View Death Cert Here. Mr. Merman alleged that the driver may have been on heroin at the time of the accident. View Petition Here.
After litigating for more than four years, Mr. Merman negotiated a confidential settlement that was approved by the Court and the Client.
Result: Confidential Settlement for Plaintiff
2014 – B.T.S. v. Multiple Defendants
In early 2014, B.T.S. was a passenger in his friend’s car when his friend lost control going around a curve and hit a tree. B.T.S. was severely injured, receiving a subdural hematoma and brain injury. He was treated by the fantastic doctors at TIRR Memorial Medical Center and made a remarkable recovery after many months of treatment.
Unfortunately, as is often the case, alcohol was involved in the accident. Also unfortunately but typical, there was not enough insurance money to compensate B.T.S. for his catastrophic injuries.
The Merman Law Firm, as is typical, left no stone unturned in seeking compensation for B.T.S. After taking the insurance policy limits from the driver, The Merman Law Firm turned to B.T.S’s uninsured/underinsured motorist coverage (UM/UIM) and collected the policy limits. Then the Merman Law Firm turned to the bar where the driver had been drinking and sued it under the Texas Dram Shop Act and collected the limits of that insurance policy as well. The Merman Law Firm then turned to the State and helped B.T.S. make a claim for compensation under the Texas Crime Victim’s Fund.
When all was said and done, The Merman Law Firm collected over $200,000 for B.T.S. And although his injury was worth more, the Merman Law Firm collected every dime available for B.T.S.
2015 – W.K. v. Lathrop et. al. in the 152nd Judicial District Court, Harris County, Texas
On October 21, 2012, Plaintiff was traveling on US 290 in Harris County. The Merman Law Firm alleged that Defendant Lathrop failed to control her speed and, as a result, rear-ended Plaintiff. We further contended that Plaintiff had no opportunity to avoid the incident, and Defendant Lathrop was solely at fault.
As a result of the incident, Plaintiff suffered injuries and experienced severe neck, back, and head pain. Plaintiff sought immediate treatment of his injuries and was diagnosed with a herniation in his cervical spine.
After a lengthy litigation, the Merman Law Firm was able to negotiate a settlement in 2015 that was approved by the Plaintiff.
Result: Settlement for Plaintiff:
All Medical Paid
Plaintiff Pocketed: $72,588.61 (tax free)
Attorney Fees: $54,000.00
2016 – D.T. v. ABF Freight Lines
On May 3, 2016, D.T. was traveling westbound on IH-30, when he was struck from behind by T. Smith, driving in an ABF Freight 18-wheeler. In the crash, D.T. struck his head and injured his shoulder and back.
D.T. was treated at the scene by EMS and transported to Baylor University Medical Center ER. D.T. treated with his private doctors thereafter. D.T. was diagnosed with a SLAP injury that limited his extra-curricular activities.
D.T. had almost $30,000 dollars in medical bills and had lost $864 worth of time from work. The Merman Law Firm made a demand on the trucking company and negotiated a settlement for D.T. We resolved Mr. T’s property damage on his car at no fee to him. The Merman Law Firm also negotiated a settlement for Mr. T that paid for all of his outstanding medical bills and put over $25,000 in D.T.’s pocket – free and clear - after fees, expenses, and medical bills.
Result: Settlement for Plaintiff:
All Medical Paid
Plaintiff Pocketed: $27,568.96 (tax free)
Attorney Fees: $20,000.00
