Recently in Car Accident Category

March 31, 2014

Montgomery Car Accidents: Expect a Fight With Insurer

No matter what the circumstances surrounding your Montgomery car accident injuries, you can almost always be assured that you will be in for a fight with an insurance company. gavel41.jpg

It's rare that an insurer will simply pay out the policy without any challenge. This is especially true if you are seeking compensation from more than one source - as you are perfectly entitled to do. Still, insurance companies will seek to use this to offset the scope of their own liability. Sometimes they are successful. However, as the recent Indiana Supreme Court case of Justice v. Am. Family Ins. Co. shows, many times, they are not.

Insurers often bank on the belief that you won't fight back, that you will accept the first offer they make. We are committed to fighting for full and just compensation - from all potential sources - for our injured clients.

Continue reading "Montgomery Car Accidents: Expect a Fight With Insurer" »

February 20, 2014

Taylor v. Biba - Technicalities in Car Accident Lawsuits

Any persons interested in filing a car accident lawsuit in Montgomery must know that a case can be won or lost - sometimes before it is ever gets its day in court - on the basis of legal technicalities. atwork.jpg

There is so much to be considered, from the timing of the claim to how it is filed, to the details included in the filing. And even after the case is won, there are careful considerations that must be made if the defendant chooses to appeal.

This is what makes hiring an experienced and dedicated legal team such an important part of the process. No attorney can guarantee the outcome of any case, but you want to make very certain that any adverse outcome isn't due to the oversight of some issue that was easily avoidable. You also want to make sure that if your adversary slips up, you have an attorney who knows the law well enough to catch it and raise the issue to your advantage.

Continue reading "Taylor v. Biba - Technicalities in Car Accident Lawsuits" »

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.
dMv86X.jpg
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.

Continue reading "Deaths in Freak Alabama Storm a Reminder of Winter Risks" »

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.

Continue reading "Traffic Safety in Montgomery: Multitasking Teens a Danger on the Road" »

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.
oiaYt52.jpg
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.

Continue reading "Thanksgiving Accident Risks Expected to Rise in 2013" »

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.
1358374_pregnid.jpg
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.

Continue reading "Alabama Traffic Accidents - Pregnancy Safety " »

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.

Continue reading "Pet Distractions a Cause of Traffic Accidents in Montgomery " »

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.
1083566_the_last_drop_.jpg
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.

Continue reading "Drunk Driving Killing Innocent Motorists in Alabama " »

September 1, 2013

Alabama Traffic Safety in Focus through Labor Day

Law enforcement will be out in force looking for dangerous drivers through the last long weekend of summer. According to the Ledger-Enquirer, nearly 100 traffic citations were handed out to Georgia and Alabama drivers Sunday night, with more to come as Georgia and Alabama law enforcement gear up for Labor Day weekend.
mG2XP3e.jpg
Our Montgomery car accident lawyers understand that this holiday weekend marks the end of the 100 Days of Summer Heat enforcement effort, but it's still one of the most dangerous times to be on our roadways. Officials from both states are coming together to help to reduce the number of fatalities over the holiday travel period.

During this time, there will be a roadblock in a city from each state. At these roadblocks, drivers will be checked to make sure that they're sober, that everyone in the vehicle is properly restrained and that the driver has proper documentation. One of the first roadblocks was conducted at the 13th Street Bridge. During this time, there were more than 20 agencies and close to 160 officers who wrote close to 100 traffic citations to drivers passing over the Chattahoochee River. Included in these citations were more than 30 child restraint violations, close to 20 no proof of insurance violations, seat belt violations and four drivers who were caught on the road with suspended licenses.

Continue reading "Alabama Traffic Safety in Focus through Labor Day" »

August 26, 2013

Alabama Teens Increase Accident Risks by Skipping GDL Course

These days, there are an alarming number of teens who are delaying getting their driver's license. While there are many factors for this delay, one of the most common consequences is that they're at higher risks for an accident because they skip their state's Graduated Driver's Licensing (GDL) program.
2dQNqsh.jpg
According to CBS Philly, a study recently conducted by officials with the AAA Foundation for Traffic Safety determined that less than 45 percent of teens ages 18 to 20 got their driver's license within the 12 months of the minimum age for licensing in their state.

Our Montgomery car accident lawyers understand that our state's GDL program allows young drivers to safely gain driving experience before obtaining full driving privileges. Most programs include three stages: Leaner Stage, Intermediate Stage and the Full Privilege Stage. When these stages are not completed, drivers step behind the wheel with little to no experience, and thereby increase everyone's risk for an accident.

Continue reading "Alabama Teens Increase Accident Risks by Skipping GDL Course" »

July 17, 2013

Roadside Survey of Alcohol and Drugged Driving Causes Controversy

In July of 2009, the National Highway Traffic Safety Administration (NHTSA) published the "Results of the 2007 National Roadside Survey of Alcohol and Drug Use by Drivers." The survey indicated that similar research has been done for the past four decades in order to ascertain how many drivers may be under the influence of alcohol, illegal or prescription drugs. 1411310_colorful_cocktails.jpg

This year, however, there was controversy in several Alabama counties over the way in which the study was conducted. Our Montgomery accident lawyers know that accurate and complete data on drunk and impaired drivers is essential to make informed decisions about road safety. However, it is also important to make sure studies are conducted in a way that does not make people believe their rights are being infringed.

Alcohol and Drugged Driving Survey Stirs Criticism

According to Alabama.com, research for the 2013 National Roadside Survey of Alcohol and Drug Use was conducted on a weekend in early June. The survey was conducted between the hours of 10:00 p.m. to midnight and again from 1:00 p.m. to 3:00 in the morning. Traffic was stopped in several locations in St. Clair and Bibb County and off-duty deputies asked motorists to undergo a breathalyzer test, give a blood sample and give a throat swab.

The survey was conducted anonymously and those who provided the throat swab were paid $10.00 while those who provided the blood sample were paid $50.00.

However, some expressed concerns because the survey was conducted late at night, because there was no consent form, and because it was unclear whether people were really aware that the survey was voluntary. Worry over providing information to the government in a time of increasing privacy concerns was also a fear that was voiced by several.

These concerns are based upon worries that people's Fourth Amendment rights may have been violated. The Fourth Amendment protects against unreasonable and unjustified search and seizure.

Researchers, however, suggest that these concerns are unfounded, that the survey went well overall, that the public was receptive and that the process was very pleasant. A spokesperson for the group coordinating the study, the Pacific Institute for Research and Evaluation, said that the survey actually went better than it often does and that he was surprised by the reaction.

Further researchers indicate that the use of the deputies to ask questions of motorists was done for safety reasons, not to infringe on people's rights or to make people feel as if the survey was not voluntary.

The reaction to the survey was reportedly unusual, as compared with the many previous times that the research has been conducted. The impact of social media was cited as one possible reason for the reaction. Drivers and motorists could better connect through the Internet and thus with news of multiple traffic stop areas, more questions were raised. The long history of the survey, however, suggests that the purpose really was to increase road safety and get a better handle on the number of drivers who are intoxicated on the road.

Motorists under the influence of drugs and alcohol continue to be a deadly issue on our nation's roads. This survey is an important means of collecting data to determine the effectiveness of public-awareness campaigns, law enforcement efforts and other initiatives.

Continue reading "Roadside Survey of Alcohol and Drugged Driving Causes Controversy" »

July 7, 2013

Drunk Driving a Costly, Deadly Gamble in Alabama

We often talk about the deadly risks associated with drunk driving. But if you're one of the lucky ones who manage to stay out of an accident, you still run the risk of getting busted, having a criminal record and forking over thousands of dollars.
mgyPNHA.jpg
According to MSN Money, a drunken-driving conviction will cost you thousands of dollars in fines, attorney's fees and higher insurance premiums.

Our Montgomery accident lawyers understand that convictions for a first DWI/DUI carry penalties of a fine ($600-$2,100). If you're busted in a second conviction, you're looking at fines of more than $5,000. Additionally, potential jail time, increased insurance premiums, possible job loss and a permanent criminal record await those convicted.

So what are all these costs for?

DUI Classes:

You may be required to take a class on the dangers of drunken driving, and you'll have to pay for it.

License Fees:

For a first-time conviction, you could have your driver's license suspended for 90 days. And don't think they'll just hand it back to you when those 90 days are up. You're going to have to pay to get that back.

Attorney Fees:

Yes, if you want the proper representation, that's going to cost you, too.

Insurance Hikes:

With a drunk driving conviction on your record, insurance companies are going to see you as a greater liability, and they're going to make you pay for it. According to recent statistics, you increase will average a 20 percent hike. Many report insurance premiums that nearly double.

Ignition Interlocks:

The Alabama Ignition Interlock statute became effective on September 1, 2012. Enacted by the 2011 Alabama legislature, this statute adds significant "after conviction" supervision and control processes by the sentencing court. All DUI convictions entered by an Alabama court on or after September 1, 2012 are subject to the new "ignition interlock" statute. You can be sentenced to an interlock device if you refuse to provide blood alcohol concentration, if you have a child under the age of 14 in your vehicle when the arrest occurs, or if someone else besides the drunk driver was injured in the accident.

In the state of Alabama, there were close to 300 people killed in drunk driving car accidents in 2011. According to The Century Council, there were more than 13,000 people arrested for driving under the influence. More than 80 of those arrests were of drivers under the age of 18.

The risks just aren't worth it. Stay sober behind the wheel this summer and talk to your family and friends about the risks.

Continue reading "Drunk Driving a Costly, Deadly Gamble in Alabama " »

June 20, 2013

Smartphones Sending Drivers through Red Lights?

According to NBC News, more than half of American adults have a smartphone. That's fine when we're talking about checking your email and surfing the web on the go, but it's not good news when we're talking about our roadways.
2dRQvZy.jpg
Our Montgomery car accident lawyers understand just how many problems distracted driving are causing on our roadways. According to a recent study from the National Coalition for Safer Roads and FocusDriven about 12 percent of red-light violations are caused by distracted drivers. In the study, officials examined close to 120 intersections in about 20 communities and took a special look at red-light violators. According to Auto Blog, the observations from this study led researchers to conclude that as many as 7.3 million red light infractions a year are the result of distracted driving.

The truth of the matter is that distracted driving is a pervasive threat on our roadways, particularly when it comes to cell phone use while driving. According to the National Safety Council (NSC), cell phone use is a factor in more than 20 percent of accidents, and drivers talking on handheld or hands-free cell phones are close to five times more likely to be involved in a car accident.

According to the Insurance Institute for Highway Safety (IIHS), only 16-year-old drivers and 17-year-old drivers who have held an intermediate license for fewer than 6 months are prohibited from using a cell behind the wheel. On the other hand, all drivers are banned from text messaging in the driver's seat.

With these loose laws, it's no wonder why so many accidents in the area are caused by distracted drivers. We need the proper laws in place to help ensure that drivers are keeping 100 percent of their attention on the road.

This is especially important when talking about our younger drivers. They're the ones who are most likely to engage in cell phone-related distractions behind the wheel. Do this by setting a safe example. Always put your best (and safest) foot forward when they're riding along in the vehicle with you. Parents are some of the most influential people in teens' lives. Also, make sure that you're providing plenty of supervised driving time for them to help to make sure that they're on the road to safe driving.

Lastly, you want to make sure they understand the rules of the road and they understand your expectations of them as a responsible driver. Your guidance and your help can save lives.

In 2011, there were more than 3,330 people killed in distracted driving car accidents. Hundreds of thousands more were injured. And all of these accidents were the result of careless actions and disregard for roadway safety. Shape up behind the wheel, pay attention and cut out your risks for senseless collisions.

Continue reading "Smartphones Sending Drivers through Red Lights?" »

May 24, 2013

Safe Alabama Travels through Memorial Day

Motorists are urged to be safe out there through the Memorial Day weekend. According to the National Safety Council (NSC), there will be more than 405 people throughout the U.S. who are killed during this holiday, from 6:00 p.m. on Friday through 11:59 p.m. on Monday.
1363434_austin_texas_riverboat_2.jpg
In addition to these fatalities, officials estimate that close to 44,000 people will be injured in traffic accidents as well.

"Even one traffic death is too many," said Department of Public Safety Director Col. J. Christopher Murphy.

Our Montgomery car accident lawyers understand that the Memorial Day weekend is an important time for safety behind the wheel. Millions of Americans will be setting out during the long weekend on a much-needed vacation. And with more travelers on our roadways, the risks for an accident will be higher.

During this time, with the congested roadways, we're asking you to keep your cool behind the wheel and to be prepared. If you start to feel agitated behind the wheel, just take a second to breathe. There's no use in blowing your cool and getting into an altercation with another driver.

As you can expect, we'll likely see traffic delays. Your safest bet is to avoid speeding, tailgating, cutting off other drivers or disobeying traffic devices.

But there's more than just motor vehicle traffic to worry about -- bicyclists, motorcyclists and pedestrians will be out in force. During this time, many residents will be out on two feet, or on two wheels, and will be enjoying the warm weather. Make sure your attention is on these vulnerable travelers, too. They've got rights to our roadways and those rights need to be protected.

We oftentimes talk about the risks and the consequences behind distracted driving, and this is where they all come into play. Troopers are asking you to put down the phone and the text messaging devices in the driver's seat. With this increase in traffic, 100 percent of your attention needs to be on the road. Don't think that you can multitask your way through this one.

Lastly, we'd like to remind you to buckle up! Officials with the NSC estimate that close to 150 lives may be saved this Memorial Day holiday period by seat belts. Another 100 lives could be saved it ALL motorists wore a seat belt.

Before you head out, make sure your vehicle is properly maintained. Make sure that your tires are properly inflated, the fluids under your hood are topped off and that you've got an emergency kit in your vehicle should anything happen. Always travel with a cell phone and make sure you've got an extra battery or a charger with you at all times. Preparation is the first and most effective key in preventing an accident.

In 2010, there were more than 20 people who were killed in Alabama traffic accidents during this holiday weekend.

Continue reading "Safe Alabama Travels through Memorial Day" »

May 12, 2013

Alabama Traffic Accidents and the Risk of Hybrid Vehicles

Recently, fire personnel and paramedics in Huntsville were among the first Alabama responders to learn the special risks associated with car accidents involving hybrid and electric vehicles.
thebatmobile.jpg
Our Montgomery car accident attorneys understand the training was provided by the Alabama Clean Fuels Coalition, which has the goal of making alternative fuel choices more widely available throughout the state.

While electric and hybrid vehicles may be relatively safe, they may also contain voltages of 400 to 650 volts of power that could be extremely dangerous for both occupants or first responders, depending on the circumstances surrounding the crash.

Late last year, the Society of Automotive Engineers produced a report indicating that tow operators, first responders and occupants in an accident may be exposed to potential electric shock from systems that are damaged or not fully disengaged right away after a wreck. We're going to continue to see injuries related to this as there are more and more alternative fuel vehicles on the road. Hybrid vehicles are now offered by Honda, Ford, Toyota, Lexus and Mercury.

And there is an increasing amount of research that show these quiet vehicles are more likely to be involved in pedestrian accidents. The overall designs of these vehicles may vary slightly, but all use a large battery pack that serves to energize an electric motor - or more than one motor. Most also contain a smaller gasoline engine.

The big concern has to do with the area surrounding the battery and the high-voltage cables that are routed underneath the passenger compartment. The concern is that in a crash, that battery could leak or explode, resulting in the risk of an electrocution hazard if those high-voltage cables are exposed to bare metal, passengers or rescuers.

The SAE has recommended that auto manufacturers install a kill switch for the battery power that would automatically be triggered in the event of a crash. The location of the switch, the group said, should be standardized for safety.

A second recommendation involves the creation of a guide for emergency workers to quickly identify high-voltage component locations, so they can be disabled. And that's what the training in Huntsville recently focused on. The instructor noted it's important for first responders to know what to cut, what not to cut and where to cut it.

Although this particular session did not involve tow truck drivers, the SAE has suggested provided industry-wide training for them on this issue as well to prevent the potential for serious injury.

The National Highway Traffic Safety Administration last year held a roundtable discussion of these dangers, and later issued interim guidance for first responders, consumers and tow truck drivers. The NHTSA has recommended that all hybrid and electric car makers produce a standardized disconnect location for all vehicles.

Most auto manufacturers already encase their battery cables in a bright orange sealing, to serve as a warning to anyone who encounters them. However, that color-coding is not a standard federal requirement, so there is no guarantee that all hybrid car makers will use them.

The Electric Driver Transportation Association reported that some 440,000 battery-powered hybrid and electric cars were sold in the U.S. last year, marking a more than 50 percent increase over sales in 2011.

Continue reading "Alabama Traffic Accidents and the Risk of Hybrid Vehicles " »


Martindale-Hubbell AV Rated
for Over Twenty Years


Certified Civil Trial Specialist
National Board of Trial Advocacy


American Board of Trial Advocates
Rank of Advocate


Super Lawyers - 2010