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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October 10, 2013

BMW Recall Highlights Risk of Defective Vehicles in Alabama

Even those buying high end vehicles are not immune from the risk of defective product injuries. According to NBC NEWS, the automaker is recalling more than 175,000 vehicles from 2012 to 2013 because of a problem with the power brake system. The recall includes the 1 Series, 3 Series and 5 Series sedans, as well as the X1 and X3 crossovers and Z4 sports car.
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The company claims that, in rare cases, there can potentially be an interruption with the oil supply to a part that can cause drivers to lose their power braking assist. The brakes will still work in these cases, but the driver would have to press much harder on the brake pedal. This accounts for more than 76,000 vehicles in the U.S.

Our Montgomery injury lawyers understand that owners of the vehicles will be notified by mail. Unfortunately, this recall is not particularly large or unique. Earlier this month Chrysler announced the recall of 132,000 SUVs to address software issues that may result in a blackout of instrument panel lighting.

Yamaha motorcycles, Honda Odysseys, BMWs, Suzukis, Fords and Toyota have also announced recent recalls. In some cases, these recalls may be little more than an inconvenience. But in a substantial number of cases the recalled vehicle poses a threat to the health and safety of motorists.

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October 4, 2013

81 Killed in Alabama Work Accidents Last Year

We want to go to work each day and not worry about our safety. It's federal law for employers to make sure that the workplace is safe for everyone on site. Unfortunately, that's not always the case and various risks and hazards put employees at risk.
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If someone is injured on the job, sometimes a workers' compensation claim can suffice. But many times, these victims are entitled to additional compensation because the injury was caused by the negligence of another party. T

Our Montgomery work accident attorneys know fall injuries and transportation accidents are among the most common. According to newly-released statistics from the U.S. Bureau of Labor Statistics (BLS), there were close to 4,500 people killed on the job in the U.S. in 2012. While that's a slight decline from the number of the previous year, it's still far from acceptable. The rate of workplace fatalities for U.S. employees last year was 3.2 per 100,000 full-time equivalent (FTE) workers, showing a decrease from a 2011 rate of 3.5 per 100,000.

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September 24, 2013

Injury Attorneys Urge Participation in Passenger Safety Week

Over a third of the children who were killed in passenger vehicle accidents in the U.S. in 2011 weren't wearing proper seat belts or weren't placed in the proper child car seats, according to the National Highway Traffic Safety Administration (NHTSA). To help to put an end to these types of tragedies, officials with the NHTSA are pushing Child Passenger Safety Week."
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"Parents and caregivers can be the first line of defense by ensuring their children are correctly secured in the right seat for their size and age, and by buckling up themselves," said Anthony Foxx, USDOT Secretary.

Our Montgomery child injury attorneys understand that motor vehicle accidents continue to be the number one cause of death for children across the country. In 2011, there were 2 children under the age of 13 and close to 350 additional kids were injured each and every day while riding in passenger vehicles. Regardless of what kind of car you have, or how safe you believe it to be, children should always be properly seated in a child car seat, booster seat or seat belt -- depending on their age and size. When this equipment is used properly -- lives are saved.

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September 20, 2013

Drunk Driving Killing Innocent Motorists in Alabama

Drunk drivers are a risk to public safety. When a driver consumes alcohol and gets behind the wheel, they're doing more than endangering their own personal safety, they're endangering the safety of innocent and responsible travelers.

Autumn is a particularly dangerous time, with back-to-school, the start of college and pro football, and the trio of year-end holidays just around the corner.

Officials with the National Highway Traffic Safety Administration (NHTSA) report that more than a third of the people killed when an alcohol-impaired-driver accidents are not the impaired drivers, but are innocent people traveling among them.
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In 2011, there were more than 9,800 people killed in drunk driving accidents. These fatalities account for a third of all traffic accident fatalities witnessed on our roadways year after year. Unfortunately, while the number of traffic accidents and the lives they take has declined in recent year, the proportion of those fatalities that are blamed on drunk-driving accidents has remained the same for the past decade.

Our Montgomery accident lawyers understand that it's the passengers in the vehicle, the occupants of other vehicles, the pedestrians and the bicyclists who are the innocent victims. Lives of innocent people are cut short because of the irresponsible driving habits of others -- especially drunk drivers. These are preventable crashes, easily within our control by making better decisions as drivers, passengers, and friends.

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