Fort Worth Car Wreck Attorneys
Fort Worth, a vibrant city located in North Texas, boasts a unique blend of urban sprawl and rural charm. Yet, the roads of this thriving metropolis are extremely busy and dangerous driving may lead to devastating car accidents. Drivers who engage in reckless behaviors such as speeding, tailgating, distracted driving, running red lights, and driving under the influence of alcohol or drugs significantly increase the likelihood of personal injury and wrongful death car accidents on Fort Worth's roads.
If you have suffered a serious personal injury or lost a loved one due to a wrongful death car accident caused by another's negligence you have every right to justice and compensation. Our experienced Fort Worth car accident lawyers at Miller Weisbrod Olesky will thoroughly investigate your case and secure the evidence to establish liability of the responsible parties. Through aggressive negotiations with the insurance company or, if needed, a jury trial, we will do everything possible to obtain the maximum financial compensation from the defendants for your injuries and losses resulting from a car accident.
Our Car Accident lawyers are led by a Personal Injury Trial Law Specialist attorney, certified by the Texas Board of Legal Specialization. Only 3% of all Texas attorneys have any board certification and even fewer are board certified in Personal Injury Trial Law. To obtain this board certification attorneys must have tried a number of jury trials and pass a rigorous exam created by other personal injury specialists.
Our client was a passenger in a vehicle that rolled over after the driver lost control of the vehicle. As a result of the rollover, our client suffered serious personal injuries including a traumatic brain injury and numerous internal injuries that caused a prolonged hospital stay and likely long term cognitive problems. After an extensive case work up our Car Accident Lawyers recovered the full policy limits of $5,500,000 for our client.
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
Fort Worth Car Accident Statistics
Fort Worth witnesses a daily occurrence of car accidents, some of which tragically lead to fatalities and severe injuries. As per the records of the Texas Department of Transportation for the year 2021, the car accident statistics in Fort Worth are alarming:
- A total of 14,679 crashes occurred.
- There were 119 fatal car crashes resulting in 130 traffic-related fatalities.
- 4,412 individuals suffered possible injuries due to traffic accidents.
- There were 2,300 cases of unknown injuries.
- There were 458 DUI-related crashes, which led to 17 fatalities.
- Tarrant County, where Fort Worth is located, experienced 6,570 distracted driving accidents, resulting in 12 fatalities.
- There were 1,026 crashes involving speeding in Tarrant County, resulting in 27 fatalities.
- Tarrant County saw 2,174 commercial motor vehicle accidents, with 23 fatalities.
Statewide, Texas witnessed a loss of one life in a traffic accident every two hours in 2021. Notably, not a single day passed without a traffic fatality during the year. The data also reveals that every two minutes and 12 seconds, someone sustained injuries on Texas roads, amounting to approximately 240,000 people injured in car accidents throughout the year.
What Steps Should I Take After a Car Accident in Fort Worth?
A car accident in Fort Worth can create a disorienting and stressful situation. To protect your rights and ensure you receive the necessary assistance, follow these vital steps, and be prepared to contact our dedicated Fort Worth car accident lawyers at Miller Weisbrod Olesky.
- Focus on Your Safety and Health: First and foremost, check for injuries, including your own and those of passengers. If anyone is injured, call 911 immediately for medical assistance.
- Move to a Safe Location: Moving to a safe location after a car accident will help prevent further harm and ensure your well-being. Safeguard yourself, passengers, and others from oncoming traffic by relocating to the side of the road or a designated safe area.
- Contact Law Enforcement: Report the car accident to the Fort Worth Police Department or the appropriate law enforcement agency. An official police report will be important for insurance claims and legal proceedings.
- Gather Information: Collect essential details about the car accident, including the other driver's contact and insurance information, license plate numbers, and vehicle descriptions. Don't forget to note the accident location, date, and time.
- Document the Scene: If you are physically able, take photos of the car accident scene, vehicle damage, road conditions, and any visible injuries. Visual evidence can be valuable in supporting your claim.
- Obtain Witness Information: If there are witnesses to the car accident, obtain their names and contact information. Their statements may provide additional evidence to support your case.
- Seek Medical Attention: Even if your bodily injuries seem minor, make sure to undergo a medical evaluation. Some personal injuries may not manifest immediately, and a medical record can link your injuries to the car accident.
- Notify Your Insurance Company: Report the car accident to your insurance company promptly. Provide accurate information but avoid making statements that could be used against you later.
- Preserve Records: Keep records of all medical bills, doctors’ reports, and records of your absence from the workplace due to the personal injury. This documentation will be essential for your car accident claim.
- Be Cautious with Statements: Avoid discussing fault or liability with anyone other than your attorney. Even well-intentioned statements to the insurance adjusters can be misconstrued and used against you after a car accident.
- Follow Medical Advice: Comply with your healthcare provider's recommendations for treatment and follow-up care. This will not only aid in your recovery but also strengthen your car accident case.
- Contact Miller Weisbrod Olesky: At this critical juncture, with the experienced Fort Worth car accident attorneys at Miller Weisbrod Olesky on your side, you can ensure that your claim is handled efficiently, and you receive the compensation you deserve. Contact our legal team as soon as possible to discuss your case, understand your legal options, and secure your right to maximum compensation.
Dangers of Drowsy or Fatigued Driving in Fort Worth
Drowsy or fatigued driving poses significant dangers on the roads of Fort Worth, as it does in any location. These dangers include:
- Impaired Alertness and Reaction Time: Fatigue can impair a driver's alertness and reaction time, making it challenging to respond promptly to changing traffic conditions, sudden stops, or unexpected obstacles.
- Decreased Focus and Attention: Drowsy drivers struggle to maintain focus and attention on the road. This can lead to inattentiveness, drifting out of lanes, and failing to notice critical road signs or signals.
- Reduced Decision-Making Abilities: Fatigue can impair a driver's decision-making abilities, leading to poor judgments on issues like safe following distances, merging onto highways, or navigating intersections.
- Increased Risk of Collisions: Drowsy or fatigued drivers are at a significantly higher risk of being involved in accidents, including rear-end collisions, side-impact crashes at intersections, and single-vehicle accidents due to running off the road.
- Similar Impairment to Drunk Driving: Studies have shown that drowsy driving can impair a driver's abilities to a similar extent as alcohol intoxication. Fatigue can lead to impaired coordination, blurred vision, and a reduced ability to assess risks.
- Microsleep Episodes: Fatigue can trigger brief, involuntary episodes of "microsleep," where a driver nods off for a few seconds. During these episodes, the vehicle continues to move, often without the driver being aware of it, increasing the risk of accidents.
- Longer Braking Distances: Drowsy drivers may have longer braking distances due to delayed reactions, increasing the likelihood of rear-end collisions in traffic.
- Greater Severity of Accidents: When drowsy drivers do become involved in accidents, the accidents tend to be more severe because they are less likely to take evasive actions to mitigate the impact.
- Risk of Falling Asleep at the Wheel: In extreme cases of sleep deprivation or fatigue, drivers may actually fall asleep at the wheel, leading to a complete loss of control and the potential for devastating accidents.
To address the dangers of drowsy or fatigued driving in Fort Worth, car drivers must take adequate rest and sleep before getting behind the wheel. Recognizing the signs of fatigue, such as yawning, heavy eyelids, or drifting out of lanes is vital, as the driver can pull over to a safe location and rest before continuing their journey.
Who is Liable When a Driver of a Company Car causes a Car Accident?
When a car accident is caused by driver who is operating a company vehicle, the question of liability can become more complex. In general, liability in such car accidents can fall on multiple parties, including:
The Negligent Driver
The initial liability in this type of car accident typically rests with the negligent driver themselves. If the driver was responsible for the car accident due to their careless or reckless behavior, they can be held personally liable for the resulting damages.
The Employer or Company
Employers can also be held liable for the actions of their employees when those actions occur within the scope of employment during a car accident. This legal concept is known as "vicarious liability" or "respondeat superior." If the employee was conducting company business or performing job-related tasks at the time of the car accident, the employer may share liability. However, this liability may not apply if the employee was engaged in personal activities unrelated to work.
To determine liability when an at-fault driver is operating a company car, various factors will be considered, including the specific circumstances of the car accident, the driver's actions, and the employer's policies. A thorough investigation is necessary to establish liability accurately.
If you have been involved in a car accident with a negligent driver operating a company vehicle, your best bet is to contact the proven and resourceful Fort Worth car accident attorneys at Miller Weisbrod Olesky. We will find evidence to establish the vicarious liability of the employer and any potential third parties, in addition to the negligent driver, to maximize your personal injury or wrongful death damages.
What are the Minimum Liability Insurance Limits in Fort Worth?
According to the Texas Department of Insurance regulations, car drivers in Fort Worth are required to carry minimum liability insurance coverage, typically referred to as "30/60/25" coverage. These minimum liability insurance limits are in place to ensure that drivers can cover the costs of injuries or property damage they may cause in an accident.
The minimum liability insurance limits in Fort Worth include:
- $30,000 for bodily injury per person: This means that your insurance policy must cover at least $30,000 in medical expenses for each person you injure in an accident for which you are at fault.
- $60,000 for bodily injury per car accident: This represents the total amount your insurance must cover for bodily injuries in a single car accident. If multiple people are injured in the same accident, the coverage is capped at $60,000.
- $25,000 for property damage per accident: This coverage is for property damage you cause in a car accident. It includes damage to other vehicles, buildings, or any other property that may be involved.
You should note that these are the minimum required insurance limits in Fort Worth. Many drivers choose higher coverage limits to provide more financial protection in the event of a serious car accident, as medical expenses and other costs can quickly exceed these minimums.
Uninsured/Under-insured Motorist Coverage
Uninsured/Under-Insured motorist (UM/UIM) coverage is an important aspect of car insurance in Fort Worth. This coverage is designed to protect you if you are involved in a car accident with a driver who either has no insurance (Uninsured) or lacks sufficient insurance to cover your damages (Under-Insured). Here's what you need to know about UM/UIM coverage in Fort Worth:
- Mandatory Offering: In Fort Worth, insurance companies are required to offer UM/UIM coverage to their policyholders when they purchase auto insurance. However, you have the option to reject this coverage in writing if you choose not to include it in your policy.
- Protection Against Uninsured Drivers: If you are in a car accident caused by an uninsured driver, your UM coverage will kick in to help cover your medical expenses, property damage, and other losses that the uninsured driver would have been responsible for.
- Protection Against Underinsured Drivers: In cases where the at-fault driver's insurance is insufficient to cover your damages fully, your UM/UIM coverage can make up the difference. This is particularly valuable if your injuries are severe and exceed the limits of the at-fault driver's policy.
- Stacking: In Fort Worth, you have the option to "stack" UM/UIM coverage if you have multiple vehicles on your policy. This means you can combine the coverage limits for each insured vehicle to increase the available coverage.
- Hit-and-Run Accidents: UM coverage can also apply in hit-and-run accidents where the at-fault driver flees the scene and cannot be identified or has no insurance.
- Passenger Coverage: UM/UIM coverage can also extend to protect passengers in your vehicle or to you if you are passenger in a vehicle that has UM/UIM insurance.
Given that not all drivers in Fort Worth carry sufficient insurance or any insurance at all, UM/UIM coverage can be a vital safety net to ensure you are adequately compensated for your injuries and property damage in the event of a car accident.
Personal Injury Protection (PIP)
Personal Injury Protection (PIP) is an optional coverage available in Fort Worth for auto insurance policies. PIP provides coverage for medical expenses and other related costs, regardless of who was at fault in the car accident. Here's what you need to know about PIP in Fort Worth:
- Optional Coverage: PIP is not mandatory in Fort Worth but is offered as an option when you purchase auto insurance. You have the choice to include or exclude PIP from your policy.
- No-Fault Coverage: PIP is often referred to as "no-fault" coverage because it pays out benefits regardless of who caused the accident. This means you can use your PIP coverage to pay for medical expenses and certain other costs, even if you were at fault in the accident.
- Covered Expenses: PIP typically covers a range of expenses, including medical bills, ambulance fees, hospital stays, surgery, rehabilitation, and in some cases, lost wages. It may also cover essential services like childcare or household chores if you are unable to perform them due to your injuries.
- Dollar Limits: PIP policies have specific dollar limits for coverage. You can choose the limit that suits your needs when you purchase the coverage. Common limits include $2,500, $5,000, and $10,000, among others.
- Coordination of Benefits: If you have health insurance, your PIP coverage may coordinate with it. This means that your health insurance will be the primary coverage for medical expenses, and PIP will cover costs that your health insurance does not, such as deductibles and copays.
- Time Limits: PIP benefits typically have a time limit. In Texas, PIP benefits are generally available for up to three years from the date of the accident.
- Exclusions: PIP coverage may not cover certain expenses, such as pain and suffering or property damage. It is primarily designed to cover medical and related costs.
- Stacking: In Texas, PIP coverage can be stacked if you have multiple vehicles on your policy. This allows you to combine the PIP coverage limits for each insured vehicle to increase the available coverage.
PIP can be a valuable addition to your auto insurance policy, providing financial assistance for medical expenses and other costs after a car accident, regardless of fault. It can be especially helpful in cases where you need immediate access to medical care or if you have limited health insurance coverage.
If you have any questions or concerns related to your car accident injuries, Miller Weisbrod Olesky is here to guide you every step of the way. Our deep knowledge of insurance laws and personal injury claims sets us apart, ensuring that you receive the expert guidance and legal support you need during this challenging time. Our Fort Worth car accident lawyers will leave no stone unturned to prove liability of the negligent parties and recover the largest possible financial compensation that you are entitled to.
How to Determine Multi-Car Liability in Fort Worth?
Assessing negligence to determine liability in multi-car pileups is a complex process that requires a thorough investigation and may involve the expertise of accident reconstruction specialists.
- Initial Police Report: The initial police report provides valuable information, including witness statements and preliminary assessments of fault. It serves as a starting point for the investigation.
- Gathering Evidence: Evidence is collected from the accident scene, including photographs, video footage (if available), skid marks, debris patterns, and damage to vehicles. Witness statements are also important, as they can provide insights into the actions of the drivers involved.
- Reviewing Vehicle Positions: The positions of the vehicles at the time of impact are carefully examined. This information helps determine who collided with whom and in what order.
- Assessing Driver Statements: Statements from drivers involved in the pileup are analyzed to understand their perspectives on how the car accident occurred and their actions leading up to it.
- Examining Speed and Braking: Accident reconstruction specialists use evidence like skid marks, tire tracks, and vehicle damage to calculate vehicle speeds and evaluate whether drivers had sufficient time to react and brake before the car accident.
- Analyzing Traffic Laws: The applicable traffic laws in Fort Worth are considered to determine whether any drivers violated these laws in a car accident, such as speeding, following too closely, or running red lights.
- Expert Testimony: Accident reconstruction specialists may provide expert testimony in court to explain their findings and recreate the sequence of events leading to the car accident. They use advanced software and physics principles to model and simulate the multi-car accident.
- Comparative Negligence: In multi-car accidents, it is common for more than one driver to share some degree of fault. Comparative negligence rules in Texas may be applied to determine the percentage of fault assigned to each driver involved.
- Role of Weather and Road Conditions: Environmental factors, such as weather conditions and the state of the road, are also considered. Poor weather or road conditions can contribute to pileup accidents and may affect the assessment of negligence.
- Legal Analysis: Attorneys review the findings of the accident reconstruction specialists and other evidence to build a legal case. They use this information to negotiate with insurance companies or present the car accident case in court.
Most Dangerous Roads in Fort Worth
- I-35W (North Freeway): This major north-south interstate in Fort Worth experiences heavy traffic, especially during rush hours. Complex interchanges and construction projects can contribute to accident risks.
- I-30 (West Freeway): I-30 is a busy east-west corridor in Fort Worth. Accidents can occur due to high speeds, congested traffic, and the numerous on/off ramps.
- I-820 (East Loop): The East Loop of I-820 can be challenging to navigate due to its complex interchanges and frequent congestion.
- US-287 (Martin Luther King Jr. Freeway): This highway sees heavy commercial traffic and can experience congestion, contributing to a higher risk of accidents.
- US-377 (Camp Bowie Boulevard): Camp Bowie Boulevard is a major thoroughfare in Fort Worth, and its intersections can be accident-prone, especially during peak travel times.
- West Freeway and Chapel Creek Boulevard Intersection: This intersection is known for congestion and a higher risk of accidents, particularly during rush hours.
- I-35W and I-30 Interchange: The interchange of I-35W and I-30, known as the Mixmaster, is complex and can be challenging for drivers to navigate, leading to accidents.
- East Rosedale Street: This east-west roadway in Fort Worth can see heavy traffic and a higher frequency of accidents, particularly near intersections.
- North Beach Street and Basswood Boulevard Intersection: This intersection in northern Fort Worth can be challenging due to high traffic volumes and complex turning movements.
- White Settlement Road: White Settlement Road, especially in the western part of the city, can experience congestion and accidents, often related to commercial activity.
If you or a loved one has suffered injuries in a car accident, do not let the aftermath overwhelm you. Contact Miller Weisbrod Olesky as soon as possible to schedule a free, no-obligation consultation. During this initial meeting, our seasoned Fort Worth car accident lawyers will carefully listen to your story, evaluate the specifics of your case, and provide you with a clear understanding of your legal rights and options.
We are committed to ensuring you receive the largest possible compensation you deserve, covering medical bills, loss of income, pain and suffering, and other related damages. Give us a call to schedule your free and confidential consultation today. You will not be charged a fee unless and until we receive a money settlement on your behalf.
Meet The Leader In Car Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Car Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding negligent parties accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.
Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in car accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
Miller Weisbrod Olesky Texas Car Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000 jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at
Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
Josh Birmingham
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
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Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Education
- University of Nebraska
- University of Tulsa - School of Law
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member
- Dallas Trial Lawyers Association:
Member
Board of Directors - Dallas Association of Young Lawyers:
Member
- Mesquite Bar Association:
Member
Michael Orth
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
Education
- Texas A & M University
- University of Houston Law Center
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member