February 1, 2014

Deaths in Freak Alabama Storm a Reminder of Winter Risks

We've been seeing some radical weather lately. This rare winter storm has been wreaking havoc in our state, and especially on the highways.
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Traffic in the areas has been at a standstill, even leaving people to walk the interstate in search of snacks and water to make it through the night. Some were lucky enough to hit the road with a full tank of gas and a phone charger, but not all of them.

Our Montgomery car accident lawyers understand that the freak storm has already been blamed for close to 15 fatalities. According to USA TODAY, At least 9 of those people died in traffic collisions. In Alabama, where freezing rain made driving perilous, at least five people were killed in weather-related traffic accidents Tuesday, state Department of Public Safety spokesman Sgt. Steve Jarrett said. The arctic blast crippling much of the deep South has prompted six states to declare emergencies and brought criticism on the National Weather Service and state and local governments. Alabama was one of those states under a state of emergency.

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January 25, 2014

Feeding Tubes, Elder Care & Wrongful Death Claims in Montgomery

There are some critical care situations in which feeding tubes are ordered by doctors as a short-term solution to get nutrition to patients who are unable to eat.
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It's a relatively simple surgery, but is generally only recommended for extreme or complex conditions. However, for elderly patients and particularly those with dementia who struggle to swallow, feeding tubes have a tendency to become a longer-term answer to malnutrition.

Inserted through the abdominal wall and into the stomach, common complications of feeding tubes include diarrhea (which can in turn cause bed sores), as well as distress from having some type of foreign object in the body.

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January 20, 2014

Traffic Safety in Montgomery: Multitasking Teens a Danger on the Road

There is little question that distracted driving is dangerous. Taking one's eyes off the road for any reason carries a grave risk not only to the driver and passengers, but to everyone else traveling nearby.drivingatnight.jpg

We also know that teens are notoriously prone to behind-the-wheel distraction. But a new study published recently in the New England Journal of Medicine shows that while youthful drivers start off working hard to be careful, they are soon thrown off course by their propensity to try to multitask.

Of course, multitasking is practically a way of life in America, with people juggling so many daily obligations and trying to fit as much in a 24-hour span as possible. But our injury attorneys in Montgomery highlight this new study because it illustrates just how vulnerable teen drivers are when they engage in this behavior.

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January 15, 2014

Montgomery Premises Liability Claims With Multiple Defendants

An Alabama man has been embroiled in a personal injury claim that recently reached the state supreme court, after he was injured in a parking lot fall at his local doctor's office.
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Premise liability claims such as these can and often do involve more than one defendant. In the case of Crabtree v. BASF Building Systems, LLC, the plaintiff looked to hold responsible not just the owner of the building, but also the construction contractors who worked on the top layer of the parking deck, and the manufacturer of the top coat product used to pave the area.

Initially when he filed the complaint, the plaintiff named the doctor's office, but included in his complaint several "fictitious" defendants. These are individuals or companies that may be connected to the injury lawsuit, but may not be identifiable at the time the claim is filed.

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January 2, 2014

University of Alabama Student Blamed for Fatal Traffic Accident

A student from the University of Alabama is looking at 19 charges after killing two and injuring four in a recent traffic collision. According to al.com, the incident happened during a late evening weekend as the 21-year-old driver was traveling between 80 and 100 miles per hour.
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Witnesses report that the young driver fled the scene of the accident wearing nothing but a towel. Officers were able to apprehend him later at his apartment complex, after failing a sobriety test and failing to cooperate with officers, according to the police department. He is currently being held on an $185,000 bond and faces charges of aggravated assault, intoxicated assault, manslaughter, intoxication manslaughter and failure to stop and render aid.

Our Montgomery injury lawyers know young drivers are some of the most dangerous when it comes to drinking and driving. Young people are over-represented in driving accidents involving alcohol. In a recent year, people aged 16 to 24 were involved in 28 percent of all alcohol-related driving accidents, although they make up only 14 percent of the U.S. population. Researchers have shown that even a small amount of alcohol can disrupt a person's ability to concentrate or do two things at once. For less experienced drivers, one or two drinks can cause the loss of reasoning and reaction time that might result in a fatal crash.

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December 26, 2013

Bell v. Dawson and Establishing Alabama Duty of Care

One of the key elements in proving a negligence claim in Alabama is establishing whether the offending party had a duty to the plaintiff. streetwaving.jpg

What that means it that the law recognizes that due to the establishment of a relationship between the defendant and the plaintiff, the defendant was obligated to act in a certain manner toward the plaintiff. It could be a duty to protect. It could be a duty to care. It could be a duty to control or a duty to rescue.

If the court finds that such a duty exists, then the plaintiff can pursue the issue of whether that duty was breached.

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December 20, 2013

Assisted-Living Industry Loosely Regulated in Alabama

As we near the peak of the holiday season, we expect many families will be reaching out to loved ones they may not have seen in some time, as they have been residing in nursing homes or assisted-living facilities. brokenglasses.jpg

During this time, it's recommended that family and friends pay close attention to the possible signs of injuries or illnesses resulting from nursing home abuse or neglect. This is especially warranted in light of a recent report by investigative journalism non-profit ProPublica.

In the course of their ongoing research, the journalists learned that state laws governing assisted-living facilities are not as uniform as those in place to protect nursing home residents. Although there is a tendency to view these living options as virtually one in the same, they are quite different in terms of state oversight. Alabama is no exception.

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December 12, 2013

Alabama Negligence Lawsuits May Stem From Criminal Acts

When crimes are committed, we must of course first and foremost hold the assailant(s) responsible for their alleged actions. desperation.jpg

However, we also recognize that in some cases, perpetrators might never have had the opportunity to carry out their actions but for the negligence of someone else. These third parties must also be held accountable.

When such a lawsuit is filed, it's called a third-party liability case. Beyond serving to help the victim be made whole, these types of cases can also ensure that no one else has to endure that same kind of incident.

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December 2, 2013

Alabama Train Crash Still Under Investigation

A recent deadly commuter train crash in New York City is reminiscent of the fiery Alabama train derailment last month. railwaytracks.jpg

Amazingly, the latter resulted in no major injuries, despite the fact that 30 of the train's 90 cars derailed, with many of those engulfed in flames.

By contrast in New York, at least four people have died and another 60 have been seriously injured.

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November 25, 2013

Thanksgiving Accident Risks Expected to Rise in 2013

The number of Americans traveling this Thanksgiving Day holiday weekend is expected to increase significantly. According to The Washington Times, there were close to 40 million Americans who traveled approximately 588 miles from their home over the 2012 holiday period. Those numbers are expected to rise this year as the economy recovers and as more travelers feel more comfortable spending at the pump.
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In 2012, roughly 90 percent of travelers got to their Thanksgiving holiday destination by car. And you can expect more of the same this time around.

Our Montgomery car accident lawyers understand that there are plenty of preventable behaviors that will contribute to the hundreds of deaths that are expected to occur over the holiday weekend. Most often, drinking, speeding and distracted driving are the top causes of car accidents, especially during busy travel periods. Before you head out on your trip, take a moment to help ensure you and your family have a safe journey.

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November 20, 2013

Economic Recovery and The Risk of Montgomery Construction Accidents

In 2010, more than $9.3 billion dollars of business in Alabama was generated by commercial construction companies and the industries that feed construction. The commercial construction industry provided 150,000 full time jobs for Alabamians during that year. While the construction industry experienced a slow-down after the 2008 collapse of the housing market, things are looking up again in Alabama, with a surge in the Consumer Confidence Index reflecting an expected increase in sales, profit margins and staffing levels in the field of construction. online-jobs-concept-1417324-m.jpg

Our Montgomery construction accident lawyers know that the thriving construction industry is good news for job-seekers. Unfortunately, more people working construction does have one downside: the risk of construction injuries is once again on the rise.

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November 11, 2013

Montgomery DUI Accidents & Dram Shop Laws This Holiday Season

The holiday season is a time when many people throw festive parties to celebrate. Unfortunately, parties can sometimes get out of control and people can end up having too much to drink. ambulance-1334532-m.jpg

Our Montgomery injury lawyers know that if you are throwing a party or allowing your kids to have one, you have certain responsibilities as a host. Alabama has both dram shop and social host laws, which make bars, restaurants, vendors and even private homeowners responsible for serving alcohol to people who are drunk or under-aged.

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November 1, 2013

Alabama Traffic Accidents - Pregnancy Safety

Experts agree that everyone, including pregnant women, should wear a seat belt when riding in a car. When used properly, seat belts save lives and lower the chances of severe injury during car crashes.
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But are mother's doing everything they can to protect baby?

Our Montgomery car accident lawyers understand that pregnant women are bombarded with information and instructions regarding what they can and should do to protect their unborn. Believe it not, but advice about wearing seat belts when traveling in cars is not usually included. According to the Centers for Disease Control and Prevention (CDC), there are close to 6,500 people who are injured in motor-vehicle accidents each and every day. The risk of serious injury and even death is reduced by about 50 percent if an occupant is wearing a seat belt. Even though the seat belt usage rate in the U.S. is on the rise, officials believe that 1 out of every 7 travelers does not buckle up during every car ride.

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October 25, 2013

Pet Distractions a Cause of Traffic Accidents in Montgomery

As any Montgomery injury lawyer knows, driving with pets can be a dangerous proposition. Having a pet in the car can be a major distraction and can cause you to lose control of your vehicle or become involved in an accident if you are paying attention to your animal instead of the road. If an accident happens, your pet can also be ejected from the vehicle or can fly through the vehicle and potentially hit someone or something. This can result in your pet being seriously injured or killed, and your animal companion could also hurt car passengers. zeca-beagle-1430682-m.jpg

One way that many pet owners try to keep their canine companions safe in the car is through the use of a pet harness. Unfortunately, unlike with human safety equipment, there have been no crash tests performed on pet harnesses and there has also been little research done into whether these harnesses are effective. That has changed now, though, as Yahoo reports that the Center for Pet Safety (CPS) has teamed up Subaru to conduct crash tests involving pet safety harnesses.

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October 20, 2013

Halloween Safety in Montgomery: Drivers, Parents and Kids Beware

More children are killed in pedestrian accidents on Halloween than during any other night of the year. Children are actually four times more likely to die in a pedestrian accident on Halloween night.

They're also at some serious risks when it comes to costumes, strangers, dogs and other hazards. Luckily, officials with the Alabama Department of Public Health are here to help guide you through a safe Halloween.

Costume problems also increase your child's risks of a burn or a fall accident during their Halloween activities.
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To avoid some freaky falls, cumbersome costumes or tricky treats, our Montgomery child injury attorneys encourage you to get educated, and get prepared. Each year, the Emergency Medical Services Authority (EMSA) sees a spike in calls involving children 14 and younger on Halloween night. The national holiday can be enjoyed without incident by following safety precautions before, during and after the night's events.

Everyone loves a good scare on Halloween. But not when it comes to child safety. After dark, kids aren't usually swarming the neighborhood. But on Halloween night, all bets are off.

Children must be particularly alert for cars and other traffic.

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