Fort Worth

Why Do I Have Chest Pain After an Auto Accident?

Car accidents are common sights on Texas roads. Whether on busy highways or country backroads, accidents happen daily. Even though improvements in vehicle safety features continue to lower a driver’s risk of injury or death on roadways, the chances of completely avoiding an injury as a result of a collision are pretty slim. Most drivers will walk away with at least some bruising, small cuts and scrapes, or whiplash. These drivers would most likely consider themselves lucky to have avoided more serious injuries. Unfortunately, though these “minor” injuries are easily seen, they may not necessarily be the complete extent of a person’s injuries.

Should I Be Worried if I Experience Chest Pain After a Car Wreck?

Following an accident, a person may begin experiencing chest pain. If his external injuries were little more than some scrapes or bruises, he may be inclined to attribute the chest pain to the similar soft tissue pain that many experience in even low-speed accidents. This thinking could be very dangerous. Pain in your chest following an accident could indicate an injury to your ribs, your lungs, or even your heart. You should take every pain symptom seriously and get a full and thorough examination by a doctor to rule out any great chest injuries that could have occurred.

Common Causes of Chest Pain Following a Car Wreck

Having handled several hundred car accident cases, we have seen our share of chest injuries following a car crash. Some of the more common causes are:

• Muscle Strains

• Bruised Ribs or Broken Ribs

• Internal Injuries (Heart and Lungs)

Chest Pain Injuries from Seatbelts and Airbags

The number of lives saved by seatbelts and airbags is undeniable. However, each year seatbelts and airbags are responsible for face, neck, and chest injuries. The impact to a chest from a sudden stop can break ribs and bruise delicate heart tissue. In the latter case, symptoms may not appear for weeks or months following an accident and can be incredibly painful when they do appear.

What to do if You Experience Chest Pain After an Auto Accident

If you are experiencing any chest pain following a car accident in Texas, it is extremely important that you seek medical attention quickly. Left untreated, chest pain can develop into more serious, sometimes life-threatening, conditions. If you or your loved one has suffered personal injuries due to a car wreck, please speak with an attorney. Our attorneys can help point you in the right direction to the best doctors that can help you with your pain and suffering. We do not charge a fee on injury cases unless we collect damages for you. Call us today at (817) 993-9249 or contact us online.

Barnett Howard & Williams PLLC recently completed a full renovation of the historic Atelier Building (1905) in downtown Fort Worth. The Atelier Building is one of the oldest buildings in downtown Fort Worth, Texas that stills stands today. Built in 1905, the Atelier Building housed several different businesses over its 112-year history, including architects, banks, and a restaurant at one time. Located on 8th street between Houston and Throckmorton, the Atelier Building is marked by its dual terra-cotta fireplaces and marble facade.

The Atelier Building was last renovated in 1980 when architect Cameron Alread purchased the building. The building housed Mr. Alread's architect firm for 36 years, until he sold the building to the law firm of Barnett Howard & Williams PLLC. Over the last six months, the law firm completely renovated the building from floor to ceiling. "One of our goals in this renovation was to bring out the history of the building," said owner Luke Williams. If you take a look inside the building you will see exactly what he means. Plaster walls were removed to expose the original brick on the walls - bricks that have been around longer than most building in downtown. The foyer is graced by an enlarged photograph that was taken outside the building sometime during the 1930's, back when 8th street was a brick road.

Office manager, Sue Holdridge has noticed a warm reception from the people of downtown. "Folks on the sidewalk continue to stop by and tell us how much they have enjoyed watching the transformation of the building and how much character it brings to this block of downtown."

Barnett Howard & Williams PLLC moved its practice to Fort Worth in 2013, and maintained an office in Sundance Square until December 2016, when the Atelier Building renovation was complete. The firm gives all the credit for the renovation to Eric Hill at Hill Design & Build in Keller. He was the primary designer and architect for the project.

The following article is from Christy Dunn, former juvenile prosecutor in the Tarrant County District Attorney's Office - Juvenile Division:

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As parents, we want the best for our children. We also want to protect our kids as much as we can. So, naturally, the first reaction for most parents when they find out that their child is being charged with a crime in the juvenile system is to do whatever they can to make the whole thing go away. However, in many cases, this is the worst thing you can do for your child. A lot of times, having a child placed on juvenile probation can be a blessing in disguise, especially if you understand the keys to success in the juvenile system.

The Keys to Success

The keys to success for a child in the juvenile system, at least in Tarrant County, are the attitudes and beliefs of the parents. It is crucial that you remove the blinders of parental love and take an honest and unbiased look at your child’s case. You need to take this objective stance on the case as early in the process as possible. There are several reasons why this is important.

Reason #1: Belief in Your Child’s Innocence and Willingness to Fight

If your child has been accused of committing a crime and is truly innocent, then they need to know that you believe in their innocence. Your child also needs to know that you are going to be there to support them and be willing to fight for them. You can show this support by hiring an attorney to investigate and fight the case. You also need to communicate your support to your child during this difficult time.

Reason #2: Open to Accept Your Child’s Mistakes

Another reason to be honest with yourself about your child’s juvenile case is because it will allow you to have an open mind to the fact that your kid might be guilty of doing what they are accused of. No child is perfect, and sometimes they do stupid things that get them into trouble with the law.

As a general rule of thumb, Tarrant County juvenile prosecutors don’t tend to file frivolous cases. This means that if they file a petition on your child, they usually have some evidence to show that the juvenile was, at a minimum, present during or involved in the commission of the crime. As a parent, you need to be able to consider this evidence with an open mind.

In some cases, it is difficult for a juvenile to admit wrongdoings if their parents are unwilling to accept their guilt. If you are adamant that your child is innocent, they may feel obligated to go along with your beliefs in order to avoid disappointing you. The hardest person in the world to confess to is your parent. By having an open mind, you give your child the opportunity to admit their guilt to you without the worry of disappointing you.

Reason #3: Realistic Assessment of Your Child’s Needs and Problems

In Tarrant County, we see that many times, a juvenile will be involved in a crime due to a need or problem that they have. Sometimes, this is a drug addiction or anger problem. Sometimes, it is a mental health condition or a conflict with someone within the household. Taking an honest look at your child’s juvenile case can help you to realistically assess what their needs and problems are. Acknowledging these problems is the first step to solving them. It is important that both the child and parents accept the problems and make a commitment to fix them.

Reason #4: Realization of Your Contribution

It can be a hard pill to swallow, but sometimes we, as parents, must realize that we have contributed to our children’s problems. This doesn’t mean that we are bad parents. It doesn’t mean that we intentionally set out to harm our children. But, in some cases, the parents have contributed to the problems that caused the child to land in juvenile court. By honestly accepting your part in the problem, you will be able to help solve it for your child in a much quicker manner.

Reason #5: Participation in a Plan to Address the Problems

Taking an objective view of your child’s juvenile case, and your part in creating the problems that led to it, will allow you to be an active participant in coming up with a plan to address the problems. Once a juvenile is involved with the juvenile court system, they gain access to many services that you may not have been aware were available. You will also gain access to one or more probation officers, attorneys, and possibly counselors that can help you and your child meet your child’s underlying needs.

Reason #6: Communicate a Team Approach to Your Child

Your thoughts and attitudes about your child, their case, and the resolution of it are conveyed to your child, whether you realize it or not. You can have a huge impact on how your child feels about the case and what they learn from it. By not judging your child and having an open mind to the outcome, you communicate to your child that you are on their side. You let them know that you are in this together and are there to help them be successful. This is vital to their belief in themselves and their willingness to engage in the process.

Reason #7: Parental Engagement in Probation

Unlike adults, juveniles cannot successfully complete probation without help from their parents. Many times, they do not have a driver’s license or transportation to get to and from their counseling, community service, and probation checks by themselves. So, parental engagement in the probation is a must. If you as the parent buy into the positive aspects of probation and the benefits it can give to your child, you will start to see the buy-in by your child. Additionally, you will ensure that your child gets to each appointment while on probation. By being a part of the process, you will become a valuable part of the team that is there to help your child grow and learn from his mistakes.

Conclusion

Kids tend to feed off of their parents’ beliefs and attitudes when it comes to their viewpoints on the juvenile justice system. Therefore, the secret to your child’s success as they navigate their way through the system is your own honest and open mindset about the process. By having the right attitude, you can affect how and what your child gets out of the system and whether your child returns to the system later. While it may not be easy, this can be a great opportunity to teach your child many life lessons while helping them take a huge leap in the growing up process. Your opinion matters, especially to your child.

Contrary to television portrayals, most criminal cases never reach trial. While it is difficult to put a number of it, I would say that 90 to 95% of criminal cases are resolved by dismissal or plea bargain. Our Fort Worth criminal defense attorneys put the interests of the client first and will always pursue a dismissal and sometimes attempt to reach a favorable plea deal with the prosecutor as an alternative to the uncertainty of trial.  But in some occasions, a trial is the only way to go. What follows is a recent case opinion from the Texas Court of Criminal Appeals regarding a plea bargain situation gone wrong.

Rodriguez v. State (Texas Court of Criminal Appeals 2015)

On advice from counsel, Israel Rodriguez rejected a ten-year sentence plea bargain. Rodriguez was convicted and received eight life sentences.

Rodriguez filed for a new trial based on ineffective assistance of counsel; he believed his attorney's advice regarding the plea offer was wrong. Rodriguez asked that the State be required to re-offer the ten-year deal.

The judge granted a new trial and ordered the State to re-offer the deal. The judge proceeded to reject the deal.

After denying the ten-year deal, the judge informed Rodriguez he could withdraw his guilty plea and go to trial or accept a 25-year sentence. Rodriguez rejected the 25-year sentence and filed a recusal motion, arguing that the judge had demonstrated prejudice. The judge recused, and a new judge was assigned.

Rodriguez filed a motion to require the State to re-offer the ten-year deal. The new judge said the original judge's recusal had "wiped the slate clean," including the ten-year plea offer, but he would accept a new agreement if one were presented. The state offered a plea deal of 25 years, which Rodriguez accepted. The judge accepted the plea agreement and executed the judgments of conviction.

Rodriguez argued on appeal that he was entitled to the original ten-year offer and the court was required to accept it. The court of appeals considered three factors: (1) whether Rodriguez would have accepted the original offer; (2) whether the State would have been likely to withdraw the offer; and (3) whether the judge would have likely accepted the agreement.

The court of appeals concluded Rodriguez had suffered inadequate representation. The court's solution was for the State to re-offer the ten-year deal and have a judge who had not recused herself accept or reject the deal. The court did not agree that the judge was required to accept the ten-year deal. The case was remanded for the State to re-offer the deal.

The State filed for review of the court of appeals' decision, alleging four errors:

(1) The voluntarily recusal should not have been considered.

(2) Nothing in the record supported the possibility of the original judge accepting the ten-year deal.

(3) The second judge should not have been required to order the State to re-offer the ten-year deal.

(4) The judgment of conviction should not have been reversed.

The CCA considered the same three factors considered by the court of appeals. Although Rodriguez's convictions were vacated, he was still entitled to a determination of whether he had received effective counsel. The CCA agreed with the court of appeals that Rodriguez had been harmed by following his attorney's advice in rejecting the offer. No evidence suggested Rodriguez would have rejected the deal. The State was not likely to withdraw the offer because the passage of time had made the victims' testimony at trial unreliable.

The CCA said the only question was whether the first judge would have likely accepted the ten-year deal. No intervening circumstances would have given the judge a basis to reject the deal. However, Rodriguez did have an extensive criminal history, and the police reports for his charges were particularly damning. But nothing in the record indicated the judge would have rejected the ten-year deal if it had been presented to her prior to the trial. The CCA thus rejected the State's second allegation of error.

The State agreed the first judge would have likely accepted the ten-year deal prior to trial, but it argued the voluntary recusal was irrelevant. No evidence indicated any prejudice against Rodriguez. Requiring the State to re-offer the ten-year deal and then rejecting it were proper rulings and did not require recusal. On the State's first allegation, the CCA said, the court of appeals had erred.

The CCA sided with the State on its third allegation, finding Rodriguez had received exactly what he requested--a new trial with a clean slate and a decision on a plea agreement by a judge. The second judge was not obligated to give Rodriguez what the first judge had already given—consideration of the ten-year deal. Therefore, there was no requirement that the State re-offer the ten-year deal. The CCA did not consider the fourth allegation because its decisions on the first three allegations made the fourth issue moot. The CCA reinstated the 25-year sentence offered by the State, agreed to by Rodriguez, and accepted by the second judge.

An individual facing criminal charges will be advised by his Fort Worth criminal defense attorney regarding whether to accept the deal. Although the decision is ultimately up to the defendant, bad advice that ultimately leads to a worse outcome than the deal offered may present an opportunity for a new trial based on ineffective assistance of counsel.

Causation Difficult to Prove In DWI Intoxication Manslaughter Case | Fort Worth DWI Attorneys

One of the key issues in any criminal case is causation. In order to be found guilty of a crime, a defendant’s actions must be found to have been the cause of the criminal act. While causation may seem like a simple thing to prove, causation may depend as much on the actions of the victim as on the actions of the defendant.

Saenz v. State (14th Court of Appeals, August 2015)

FACTS: Monika Saenz was driving her truck around 3:00 a.m. when she struck Jose Torres, Jr., killing him. Blood drawn over an hour after the accident yielded a blood alcohol concentration (BAC) of .172 for Saenz. The autopsy of Torres determined that his BAC was also .172 at the time of the accident and that he had used marijuana and cocaine prior to his death.

Saenz was convicted of intoxication manslaughter and accident involving injury or death. There was no question as to whether Saenz’s truck hit Torres. Saenz’s only defense was concurrent causation: If Torres’ conduct was clearly sufficient to produce the accident that resulted in his death, and Saenz’s conduct was clearly insufficient to produce that result, then Saenz should be acquitted under the theory of concurrent causation.

Saenz pointed to many features of Torres’ conduct that were sufficient to cause the accident. He was walking in the road in dark clothes while intoxicated in the middle of the night; there was no evidence that Saenz’s car ever left the roadway; Torres was walking on the wrong side of the road; and Saenz was not speeding at the time of the accident. Saenz’s position was that her driving while intoxicated was insufficient to cause Torres’ death because even a sober driver would have struck and killed Torres given his conduct.

As part of her concurrent causation defense, Saenz attempted to admit evidence of Torres’ .172 BAC. However, the medical examiner refused to state his opinion that Torres’ .172 BAC would have affected his normal use of physical or mental faculties. As a result, the trial court did not allow admission of the evidence regarding Torres’ BAC.

On appeal, the Texas Fourteenth Court of Appeals questioned why the medical examiner would refuse to concede that a BAC of more than twice the legal limit for driving may have affected Torres’ use of his mental or physical faculties. Furthermore, the Court noted that the standard for public intoxication is that an individual is intoxicated to the degree that he may endanger himself or others. According to the Court, the evidence of Torres’ .172 BAC may have led the jury to conclude that Torres was a danger to himself while walking in the middle of the road in the dark. Further, the Court held, the BAC evidence might have provided a possible explanation to the jury for why Torres failed to move from the roadway when the vehicle appeared.

After finding that the evidence of the victim’s BAC should have been admitted, the Court addressed the question of whether the failure to admit had harmed Saenz’s case. According to the Court, Torres’ BAC evidence was essential Saenz’s defense, and excluding the evidence denied Saenz the opportunity to properly present her concurrent causation defense. Because the Court determined that exclusion of evidence of the victim’s BAC was error that may have contributed to the conviction or punishment, the Court reversed the conviction for intoxication manslaughter and remanded the case for a new trial.

This case illustrates the complexity of the current causation defense, which is used in cases other than criminal cases, particularly property insurance cases. A Fort Worth Criminal Defense Attorney will be familiar with the concurrent causation defense and may be able to obtain an acquittal for his or her client by showing that the criminal act would have occurred even if the defendant had done nothing wrong because the victim’s conduct would have caused it.