Alabama Injury Lawyer Blog

On March 11, Alabama.com reported that six college students were injured after a deck collapsed in Gulf Shores. The kids were on vacation celebrating spring break and there were many people on the deck at the beach home in the West Beach area where they were staying. Five of the kids were transported to the hospital while another was taken for emergency care in a personal vehicle. Their injuries were not reported as life threatening but did include potential broken bones.

Our Montgomery injury attorneys know that each year, thousands of kids come to Alabama for spring break. Some come to vacation at beach destinations while others are simply college kids returning home. These spring break visitors, along with high school students who are off for a week from school, are in danger of getting into a lot of troublesome situations over the course of their vacations. Parents need to be aware of the potential risk of spring break injuries and kids and teens of all ages should know of the dangers they face if they don't make smart choices about how to spend their time off.

Tips for Staying Safe Over Spring Break

Some of the possible risks faced by high school and college kids celebrating their time off include:

• Drunk driving accidents. Kids driving home from bars, parties or even a day drinking at the beach could hurt themselves or others.
• Car accidents. Even teens who aren't drunk could potentially be at risk of auto accidents over spring break. With out-of-town visitors and kids off from school, there are more people on the roads and kids tend to drive more. These factors both cause accidents. Further, the more children in the car, the greater the risk of a crash occurring. Kids cruising around with their friends or visiting Alabama on a spring break road trip could make choices that hurt themselves or others.
• Pedestrian crashes. Kids frequently walk the bars and beaches as they celebrate spring break. These kids are at risk of becoming involved in a pedestrian accident, especially if they are intoxicated or don't know where they are going and they wander into an unsafe area.
• Drowning accidents. Kids may spend their spring break days at the pool or at the beach, and could potentially become the victim of a drowning accident at either location. Drowning accidents can happen when kids swim after having too much to drunk, or if kids swim in areas with a dangerous undercurrent.
• Sexual assault. Teens who are out having a good time could find themselves the victims of either date rape or stranger rape. When kids have too much to drink, this can set them up for a bad situation where they are unable to give consent but get forced into sexual encounters. It is important for girls not to put themselves into a dangerous situation and for guys to remember that intercourse with a person too drunk to consent can still count as rape even if the girl doesn't affirmatively say no.

Parents need to talk to their children about all of these potential spring break dangers. Kids also need to be aware of the fact that the choices they make over spring break could have an impact on the rest of their lives.

Continue reading "Spring Break Can Bring Increase in Accidents & Injuries" »

Since Thanksgiving officially kicks off the festive season, many people will be spending time at the mall over the next month, doing their holiday shopping. Buying gifts for your loved ones is supposed to be fun, but unfortunately, there are some risks associated with hitting the stores over the holidays.

Our Montgomery accident lawyers want to draw your attention to some of the biggest risks of holiday shopping so you can avoid these potential pitfalls. We also urge store owners, managers and employees to do their part in making the shopping experience safe since ultimately it is these commercial property owners who are responsible when something goes wrong.

Holiday Shopping Dangers
Awareness is the first step to staying safe this holiday season, and there are many different risks that you should be alert to when you are buying gifts. For instance according to Alabama.com, Montgomery police warn crime prevention is important when making holiday purchases. Among other tips, police recommend you remain alert, carry minimal cash, use ATMs only in well-populated areas, avoid overloading yourself with packages, and check your vehicle carefully before entering.

While theft issues are often given a lot of attention during the holidays, these risks aren't the only ones that shoppers face. In fact, there are many potential hazards that can arise when shopping and cause injury. Dangers include:

• Escalator and elevator accidents. America Now News cautioned readers that escalator accidents are becoming more common and warns that these accidents can be deadly. Each year, more than 10,000 people are hurt on escalators, 70 percent of whom are injured in falls.


• Icy, wet or slippery floors. Winter weather combined with crowds of shoppers creates a recipe for disaster. Shoppers track ice and snow into stores where it melts and creates a serious fall risk.


• Parking lots and stores with inadequate security. If a parking lot or store doesn't have a sufficient security presence, this creates a dangerous situation for patrons. Without adequate security, for example, you have a greater chance of being robbed in the store or when going out to your car. You also have a greater chance of being injured if a crowd gets out of hand and there are no security personnel present to do crowd control.


• Improperly stocked merchandise. Stores may get busy over the holiday season and may not keep up when it comes to properly stocking shelves. There may be a lot of people putting items back on shelves where they don't belong, and stores may try to overfill their shelves so they don't run out of popular items. All of this creates a situation where there is a good chance that merchandise could fall and injure shoppers.

These are just some of the many potential risks that you can run into at a store or mall during the holiday season. Many of these risks are preventable if stores follow reasonable procedures to ensure their premise is safe for customers.

If a store fails in its obligation to make the premises safe, the store can be held liable for any injuries that shoppers experience. Shoppers who have suffered an injury should consider talking to a lawyer to find out if the store can be held responsible and to learn about what types of compensation may be available after an injury.

Continue reading "Alabama Injury Attorneys Warn of Holiday Shopping Dangers " »

As we recently reported on our Alabama Injury Lawyer Blog, early darkness brings its own set of risk factors -- and increases the likelihood of being involved in a serious or fatal accident.

Included is the risk of drowsy driving -- particularly as we head into the busy holiday shopping and travel season. Accordingly, the National Sleep Foundation has declared Nov. 12 to 18 to be Drowsy Driving Prevention Week.

Our Montgomery accident attorneys know exhausted drivers can be every bit as dangerous as those who are intoxicated behind the wheel. And a poll conducted by the foundation in March revealed professional drivers and pilots are not immune. In fact, about 1 in 4 pilots and train operators admitted to allowing sleepiness to affect their job performance at least once a week! Truck drivers had results nearly as bad.

The same group was at six times greater risk of being involved in an accident while commuting to or from work.

"Driving home from work after a long shift is associated with crashes due to sleepiness," says Dr. Sanjay Patel, a sleep researcher at Brigham and Women's Hospital and Harvard Medical School. "We should all be concerned that pilots and train operators report car crashes due to sleepiness at a rate that is six times greater than that of other workers."

Teen drivers are also at high risk.

"Young Americans are sleepy, and this affects their health and safety," says David Cloud, CEO of the National Sleep Foundation. "It's important to get the word out that it's dangerous to drive drowsy. This could save thousands of lives."

The NSF estimates 1 in 6 fatal crashes involves a drowsy driver. About half of American drivers admit to having driven drowsy -- more than one-third acknowledge having done so in the past month.

Safety advocates now put the risk of driving drowsy on par with driving drunk. Those awake 20 hours or longer have reaction times similar to a driver with a blood-alcohol level of .08 and may be taking 3-4 second microsleeps without even realizing it.

Even when you are awake, driving at night can be quite dangerous. And the faster you drive, the less time you have to react. As the U.S. Department of Transportation reports, it's easy to outdrive your headlights. Low beams permit you to spot an object on the road about 160 feet in front of your vehicle. And most drivers need additional time to react. Total stopping distance for the average vehicle is more than 100 feet at 30 mph. It's nearly 200 feet at 40 mph.

At 70 mph, it takes nearly 500 feet to come to a complete stop.

The consequences of poor driving decisions are exacerbated after dark. So are the penalties for poor driving habits. Commit to yourself and to your family to make it a safe holiday season on the road.

Avoid distractions. Never drink and drive. Obey the rules of the road. Get plenty of rest. And wear your seat belt. Each can reduce your risk of being involved in a serious or fatal accident. Together we can make the roads safer for everyone.

Continue reading "Montgomery Injury Lawyers Support Drowsy Driving Prevention Week" »

Halloween is upon us, and before you start thinking about the scary ghosts, goblins and witches, you might want to think about the risks for pedestrian accidents and other Halloween dangers involving children.

Did you know that children are about four times more likely to be killed in a pedestrian accident on Halloween than during any other night of the year? They're also at severe risks for burn injuries and fall accidents during this time, too.

To help you to stay safe during this All Hallow's Eve, our Montgomery personal injury attorneys are here with the Alabama Department of Public Health to bring you some simple safety tips that can help your family avoid Halloween injuries.

Safety Tips for Costumes:

-Don't wear masks. Opt for face paint so that your visibility is not hindered.

-Make sure that all young children are accompanied by an adult.

-Make sure that you have a cell phone with you at all times in case you run into a problem.

-Look for costumes that are flame resistant.

-Dress in shoes that are easy to walk in. Sneakers are your best bet.

-Don't allow costumes to have loose ends. These serve as both fall hazards and as fire hazards.

Pedestrian Safety Tips:

-Choose a route before you head out. Pick one that's well lit and has safe crossings.

-Always cross the road at a crosswalk or at a street corner.

-Use sidewalks whenever they're available.

-Make sure you're wearing a bright-colored costume, carrying a flashlight or wearing reflective materials to make sure passing motorists can see you.

-Never dash out from behind a parked car.

-Look both ways before crossing the street. You also want to walk across the street -- never run.

-Never walk across someone's yard. There may be strands of lights or other tripping hazards.

-Stay away from animals that you do not know.

-Never allow young children to cross the road alone.

-Never go into someone's house who you don't know.

-Walk, don't run!

Treat Safety Tips:

-Let parents inspect candy before eating. They can help to make sure that there are only treats and no tricks!

-Discard all items that are not wrapped or have been tampered with.

-Get rid of small items or toys that can serve as a choking hazard.

Drivers are asked to be extra careful during this time of the year, especially in residential areas where kids are likely to be found. Avoid driving on Halloween night if you can. If you're heading somewhere to drop off kids, make sure you keep the passenger side of the car away from passing traffic when making the stop. Make sure you drive slowly and keep an eye on your surroundings. Beware of little ghosts and goblins in the area. Have a safe and Happy Halloween and keep safety as a number one priority out there.

Continue reading "Montgomery Injury Attorneys Wish You a Safe and Happy Halloween!!" »

Your chances of being involved in an uninsured car accident in Montgomery or elsewhere in Alabama should go down next year, as authorities implement a new system aimed at cracking down on drivers who are on the road without insurance coverage.

The Montgomery Advertiser reports some 900,000 vehicles in Alabama are without insurance. Alabama passed a law in 2000 requiring all motorists to carry liability insurance. Mandatory minimum insurance requirements are $25,000 property damage and personal injury per person and $50,000 personal injury per accident.

Drivers are required to carry proof of insurance in their vehicle at all times. Beginning Jan. 1, 2013, the new enforcement efforts will allow officials to check the State of Alabama Online Insurance Verification System when a motorist renews a vehicle's license plates. Police officers will also have immediate access to the database to verify a vehicle's insurance status.

Failure to carry the required insurance can result in a fine of $500 and the suspension of your vehicle's registration. The fine for a second or subsequent offense increases to $1,000. A reinstatement fee of $200 to $400 will also be required.

Officials estimate 1 in 5 vehicles in Alabama are uninsured.

A report published by the Insurance Research Council during the economic downturn identified Alabama drives as among those most likely to be uninsured. The state ranked 6th in the nation with 22 percent of the state's 4 million vehicles uninsured at any given time.

In response, the Alabama legislature last year passed the new enforcement measures. Advocates contend too many motorists bought insurance when it came time to renew their license plates -- then stopped paying the premium.

Now, the database will permit an officer to verify a vehicle's insurance status before stepping out of the cruiser during a traffic stop. The system has been undergoing tests in Winston County, where officials say the reaction from motorists has been largely positive.

Judge Sheila Moore noted motorists who buy auto insurance want other motorists to do the same.

Indeed. Montgomery personal injury lawyers are often asked whether victims of an accident with an uninsured or underinsured motorist are without legal recourse. The answer is complex. Certainly contacting an experienced law firm in the immediate aftermath of such accidents can be a critical factor in protecting your rights. In some cases, it may be possible to collect against the at-fault driver's assets. In other cases, insurance policies in place on other vehicles in a driver's household may provide coverage.

A driver's own insurance coverage may be another source of recovery. In fact, we recommend drivers purchase more coverage than the law requires. Typically, a substantial increase in coverage is available for a very modest increase in premium. In the event of a serious or fatal accident, $50,000 in insurance coverage might not be enough to cover the cost of your initial emergency treatment.

Uninsured/underinsured motorist coverage in the amount of $250,000 may be added to most polices for less than $100 every six months.

Continue reading "Alabama Uninsured Motorist Crackdown Set for New Year" »

An August decision by the Alabama Supreme Court highlights the importance of properly identifying negligent parties in a personal injury lawsuit.

A thorough understanding of statute-of-limitations and other matters of law is equally critical. Your Montgomery personal injury attorney will often face off with the experienced legal counsel hired by insurance carriers, doctors and hospitals, where the focus is avoiding responsibility, limiting payouts and, when all else fails, endless delay.

Dulin v. Northeast Alabama Regional Med. Ctr. is a case that has already made it to the state Supreme Court and back, despite the fact that it's not yet made it to trial.

After being admitted to the hospital in May 2005 for "crush injuries to the chest," George Dulin's tracheostomy tube became dislodged during a bath administered by the nursing staff. As a result, Dulin suffered from oxygen deprivation for an undetermined period of time. A medical malpractice case ensued, wherein Dulin and his wife sued the Center and 17 fictitiously named defendants (John Doe, Jane Doe, these are placeholders a plaintiff's attorney may use when filing a lawsuit in cases where the identities of the defendants -- in this case, doctors, nurses and hospital staff -- are unknown or unconfirmed).

Dulin's wife reportedly received a hospital review of the case a month after the incident. The file contained paperwork that purported to identify eight members of the Code Team involved in Dulin's care. When the lawsuit was later amended to include the names of defendants, three members of the team petitioned Calhoun Circuit Court for summary judgment.

Summary judgment requests the judge rule in favor of a party before trial or before all of the facts of a case are presented-- in this case by dismissing the lawsuit. In this case, the defendants raised a statute of limitations defense, arguing the amended version of the suit (which named them) was filed more than two years after the 2005 incident. They also argued the Dulins failed to exercise due-diligence in learning the nurses' identities.

However, the motion was denied by the trial court, prompting the nurses to file a writ of mandamus with the Alabama Supreme Court. A writ of mandamus essentially requests a review of a trial court's actions before the underlying matter has been settled. Latin for "we command," it seeks an order from a superior court requiring a subordinate court to take action (or refrain from action) as a matter of law.

Upon review of this case, the state Supreme Court found the law requires "ordinary" due diligence, not "extraordinary." As such, the court could not find that the Dulins failed the due-diligence test based on the prompt acquisition of the medical records, and the promptness of the substitution of those names in the lawsuit. As a result, the application for writ of mandamus was denied and the case was sent back to the trial court for additional proceedings.

You'll note we are 7 years down the road from the time of this incident. Given just the rudimentary facts of the case as outlined in the high court's opinion, it would seem the Dulins have a solid case for damages. The hospital and its insurers understand culpability is almost a foregone conclusion. This case will likely boil down to fiscal calculations, including cost of long-term care, calculation of career lost wages and other damages.

When choosing a personal injury or wrongful death law firm in Alabama, experience matters. You also need a firm with the resources to fight back, and to make sure your legal rights are protected at each stage of the process.

Continue reading "Alabama Supreme Court's Due-Diligence Ruling Highlights Importance of Properly Identifying Negligent Parties" »

Parents and guardians are urged to stay up to date on the most recent product recalls from the U.S. Consumer Product Safety Commission (CPSC). All too often, we forget to check out this important information and face the risks of injury as a result of a dangerous or defective product marketed to consumers.

Every day, more and more products are placed on the recall list after accidents or reported injuries are sustained. Consumers can help protect against defective product injuries by checking the government's monthly recall list on a regular basis -- just like the batteries in your smoke detector. You'd be surprised how likely it is that you have a dangerous or recalled product in your household and quite possibly in the possession of your child.

Our Montgomery personal injury attorneys are here to help, whether it's warning of dangerous products in the household, or assisting with litigation in the wake of an accident. Knowledge and awareness are the first steps to helping to keep your family safe. Here are some of the latest recalls from the CPSC:

Chicco Polly High Chairs:

Nearly 500,000 of these chairs are being recalled in the United States and another 31,000 in Canada because children can fall on the pegs on the back of the chair. This poses a bruise and laceration hazard for these young users. There have already been more than 20 reports of injuries. If you have one of these chairs, you're urged to contact Chicco to get more information on receiving your free peg cover kit. Call the company at (800) 807-8817.

Downeast Concepts' Children's Beach Chairs:

More than 15,000 of these chairs have been recalled because they have exposed, sharp metal rivets that pose serious laceration hazards to young children. The chairs were sold in purple, blue, yellow and pink. There have already been injury reports submitted. If you have one of these chairs, the company is offering a full refund. Call (800) 343-2424 for more details.

Toddler Girl Aqua Socks by Old Navy:

There are nearly 35,000 pairs of aqua socks that Old Navy is recalling These socks have less traction when worn on wet or smooth surfaces such as hardwood or tile, creating a slip and fall hazard. There have already been two accident and injury reports submitted. The style number 896452 is involved in this recall. If your child has a pair of these socks, discontinue use and take them to any Old Navy store to get a full refund.

Troxel's Flexible Flyer Swing Sets:

Nearly 101,000 swing sets in the U.S. and another 5,000 in Canada are being recalled because the seats can break away from the bolt fasteners during use, posing a fall hazard. There have already been more than 1,230 accident reports filed, with nearly 15 injury reports. There are more than 10 models of swing sets that have the seesaw attachment impacted by the recall. If you have one of these sets, call the company at (888) 770-7060 for a free repair kit.

Continue reading "Defective Product Injuries in Alabama: Make Checking CPSC Recall List a Habit" »

A recent railroad crossing accident in Huntsville left one injured. The accident was between a railroad maintenance vehicle and a pickup truck at the crossing near Jordan Road and Moores Mill Road.

Huntsville police report that that the occupant of the rail maintenance vehicle, owned by the North Alabama Railroad Museum, was injured in the accident. According to Sgt. Clay Warmbrod, both vehicles were railroad vehicles and both had to be towed from the scene. Both were heading to the museum when the crash happened.

It all happened just before 10:30 a.m. as a pickup truck was heading south and was hit by the railroad vehicle and tow-vehicle, which were operating on the tracks. A man in the railroad vehicle was ejected during the collision. He is currently in the Huntsville Hospital and was last listed in serious condition. According to Alabama Live, the warning lights at the railroad crossing were not on or working when the accident happened.

The vehicle that was hit in the accident is referred to as a "speeder." It's used to maintain the tracks and right of way, said Hugh Dudley with the North Alabama Railroad Museum. It had broken down and was being towed back to the museum. Dudley also confirmed that the warning lights at this railroad crossing do not work.

Warning devices at railroad crossings are there to help to eliminate the risks of these kinds of accidents. Unfortunately, there are thousands of accidents that happen at these kinds of crossings each and every year. In most cases, it's a train that slams into a passenger vehicle crossing the tracks, with devastating results.

When approaching a railroad crossing, drivers are to yield appropriately to the right of way. It's just like approaching a highway intersection. The only difference here is that the opposing traffic, or the train, must only rarely yield the right of way to the other motor vehicle. That's because it's virtually impossible. Drivers like you and I have the ability to steer and to brake somewhat easily. Trains can't alter their path or stop as easily. Train operators are restricted to moving their trains down a fixed path, and changes in speed can only be accomplished much more slowly. For this reason, motorists must be on the lookout when approaching these areas.

And accidents at railroad crossings are an ongoing risk as the railroad infrastructure ages. In 2009, there were nearly 10,000 train accidents. There were nearly 650 people killed and another 7,000 injured in these accidents. More than 95 percent of these accidents happened at either highway-rail crossings or during trespassing. There were more than 220 accidents that involved a motor vehicle and a train. In these incidents, more than 190 were killed.

Unfortunately, track defects and faulty warning systems are some of the top causes for these kinds of accidents. With the lack in funding, most rail companies don't renovate tracks that need attention until it's too late -- or until after a major accident happens.

Continue reading "Faulty Warning System Reportedly Causes Railroad Crossing Accident in Huntsville" »

The Georgia Supreme Court recently ruled a property owner could share blame with criminal defendants in a negligent security claim.

Couch v. Red Roof Inns, Inc., in a negligent security claim stemming from a violent attack at a hotel. The court found apportioning damages between the property owner and criminal assailant would not violate the victim's Constitutional rights of due process and equal protection. The court also found it permissible to provide jury instructions and a special form requiring such a division of blame.

Premise liability claims in Montgomery can be brought as a result of a variety of incidences or accident claims, including slip and fall accidents, dog bites and swimming pool injuries. A negligent security claim alleges the business or property owner was not diligent in protecting customers and invited guests from a foreseeable criminal attack.

In this case, the plaintiff brought a lawsuit after suffering a violent criminal attack by unknown criminal assailants.

"The statutory scheme is designed to apportion damages among "all persons or entities who contributed to the alleged injuries or damages," the court wrote. The purpose of the tortfeasors, the court said, is for the jury to decide which entities shared liability for a victim's injury, so that their respective responsibilities can be determined. A determination on the fault of the plaintiff, may then reduce the award by a corresponding percentage.

Georgia's high court rejected a number of arguments from the plaintiff's, including that appropriation would nullify the obligation of property owners to keep their premises safe and to avoid the consequences of actions or inactions; and that the property owner should be held responsible as an accomplice to the crime, just as criminal law often holds accomplices responsible for an entire course of criminal conduct.

A negligent security claim in Alabama may result when a residential landlord, hotel owner, bar owner, concert promoter or other defendant is accused of facilitating a criminal attack through negligence. Parking lot assault, rape, robbery, or mugging may fall beneath the umbrella of negligent security. Under Georgia law, victims who are more than 50 percent responsible cannot collect damages.

While Georgia premise liability law does not directly apply in Alabama, our state is one of only five jurisdictions that recognize pure contributory negligence in auto accident cases. Maryland, North Carolina, Virginia and the District of Columbia also recognize contributory negligence in auto accidents. The law permits a victim to be assigned partial blame in the event of a crash.

As a practical matter, this means seeking experienced legal advice is a critical first step in the immediate aftermath of a traffic collision or an injury sustained on someone's property. Documenting the scene, collecting witness statements, taking pictures and beginning an early investigation can be the determining factor in whether you are ultimately forced to share blame.

Time can be of particular importance when dealing with a premise liability claim, as property owners and managers often quickly repair dangerous conditions in the wake of a serious or fatal accident.

Continue reading "Couch v. Red Roof Inns, Inc. & Contributory Negligence in Alabama " »

According to the most recent traffic statistics, the number of motorcycle accidents in Montgomery and elsewhere in the state has not budged. There has been little to no progress made in the reduction of these accidents and these fatalities. According to Alabama Live, the state reports that about 10 percent of all traffic accident fatalities were of motorcyclists from 2008 through 2011.

In 2011, there were nearly 1,000 highway fatalities in the state of Alabama, according to the Alabama Department of Public Safety. About 100 of these traffic fatalities, or a little more than 10 percent, were motorcyclists. These accidents affect riders of all ages, too. One of the youngest motorcycle riders killed in these accidents was a 9-year-old. There were also 71- and 75-year-old victims.

Our Montgomery motorcycle accident attorneys understand that the number of traffic accident fatalities in the state started to dip in 2008, but the number of riders killed has remained stubbornly high nationwide. Officials with the Governors Highway Safety Association (GHSA) report riding accidents have been on the rise for more than a decade.

The truth of the matter is that drivers aren't paying attention to these two-wheeled motorists and they're in trouble because of it. They're oftentimes overlooked on our roadways because of their small size. Although they may be smaller motorists, they still have the same rights to our roadways as you and I.

Safe driving advocates with the Motorcycle Safety Foundation (MSF) offer some safe driving tips to motorcyclists along with a number of courses for motorcycle safety. One of the closest locations to participate in these courses is at the University of Montevallo.

Throughout the summer travel season, we see a significant increase in the number of motorcyclists on our roadways. With the summer weather, riders get to dust off their helmets and hit the open road. Unfortunately, the increase in motorcycle riders brings about increased risks for traffic accidents. Motorcyclists are urged to be safe and cautious out there. Staying alerts and practicing defensive driving habits may be one of the most effective ways to stay out of an accident.

Motorcycle Safety Tips:

-Never travel in a driver's blind spot.

-Make yourself as noticeable as possible.

-Always use your blinker and make your movements in traffic as predictable as possible.

-Wear brightly-colored clothing to help other motorists to see you.

-Always expect the unexpected. Oftentimes drivers are not paying attention at the wheel. Be ready for their mistakes.

-Never assume that a driver sees you.

-Slowdown in inclement weather.

-Keep an eye on your speed.

-Wear a helmet. It's one of your best defenses against injury and death in the event of an accident.

-Wear other protective gear, like gloves and a jacket.

Continue reading "Motorcycle Accidents in Montgomery and Elsewhere Still High Despite Overall Fatality Reductions" »

Our Montgomery injury attorneys wish you a safe and enjoyable Independence Day.

The risk for Alabama traffic accidents will remain high all week. The Birmingham News reported record numbers of travelers are expected to hit the road through the upcoming weekend. In fact, with Fourth of July falling in the middle of the week, the rush has already started -- significant numbers are expected to hit the roads over the weekend and through the first part of the week.

The long holiday week is one reason AAA is forecasting a record number of travelers. Some 40 million will hit the road Friday, accounting for about 25 percent of holiday travel. About half of all travelers will hit the road Monday, Tuesday or Wednesday.

The Alabama Highway Patrol plans a statewide enforcement blitz beginning Wednesday July 4 and continuing on through the weekend.

"We urge motorists to focus on the road (and not cell phones and other distractions) and to obey all traffic laws, said trooper spokeswoman Robyn Litchfield. "We want people to buckle up, avoid drinking and driving and pay attention to speed limits."

The National Safety Council estimates 173 motorists will die this year in holiday traffic accidents. The defined holiday travel period is Tuesday at 6 p.m. until 11:59 p.m. Wednesday. More than 17,000 will be injured. That is an increase of 50 percent compared to a non-holiday period.

Alabama fireworks accidents are also a concern. The National Fire Protection Association reports more than 8,000 people are treated each year in U.S. emergency rooms for fireworks-related injuries. Injuries to the hands, arms, face and eyes are most common.

The Birmingham News reported fireworks sparked 20 fires in Birmingham last year, injuring 8 people and causing some $80,000 in damages. City ordinance prohibits firing firearms or fireworks in the city limits and is punishable by a $500 fine and up to 6 months in jail.

The United Eye Injury Register reports 400 Americans suffer permanent vision loss in fireworks accidents each year. About half of injury victims are children. Frequently, it's bystanders who are injured. This can also be true at professional shows when debris rains into the crowd or onlookers are otherwise injured.

Swimming pool accidents, boating accidents and drowning are also primary threats through the height of summer -- particularly around the trio of summer holidays: Memorial Day, Fourth of July and Labor Day.

More than 3,500 people a year die in unintentional drowning accidents. Please remember to pay special attention to children, even when lifeguards are present. Teach your child never to swim alone. Always use approved life jackets and flotation devices. And celebrate responsibly.

Lastly, authorities remind you to get plenty of water. Heat stroke and heat exhaustion are serious threats as the country simmers beneath a summer heatwave. These illnesses can result in extreme rise in body temperature and may be life-threatening. If you suspect someone is suffering from heat illness, move them into the shade and contact emergency medical assistance.

Continue reading "Montgomery Personal Injury Attorneys Wish You Happy Fourth of July!" »

The National Highway Traffic Safety Administration (NHTSA) released brand new statistics regarding alcohol-related car accidents in Montgomery and elsewhere.

The newest statistics are from 2010 and they again point to drunk driving as the leading cause of motor-vehicle fatalities. These kinds of accidents account for about 30 percent of all fatal car accidents nationwide year after year yet they're all completely preventable.

In 2010, drunk driving-related accidents took the lives of nearly 10,500 people, many of them completely innocent. In a drunk driving car accident, at least one driver returned a blood alcohol concentration (BAC) of .08 or higher.

We saw a near 5 percent decrease in these kinds of accidents from 2009 to 2010, but safe driving officials aren't hanging their hopes on these numbers. Our Montgomery car accident attorneys understand that the summer travel season is here and so are the increased risks for accidents.

During this time, more and more motorists will be hitting our roadways and visiting with friends and family members and making their way to their vacation destinations. Unfortunately, many of these destinations involve family gatherings, parties and alcohol. With more motorists on our roadways we have higher risks for an accident.

In 2010, someone was killed in an alcohol-impaired-driving accident every 51 minutes. Every state in the country has by law created a threshold making it illegal per se to drive with a BAC of .08 or higher. Of the near 10,500 people who were killed in alcohol-related car accidents in 2010, nearly 70 percent were drivers who had a BAC of .08 or higher.

There are innocent people who are killed in these kinds of accidents, too. Of the remaining 3,000 people who were not the intoxicated drivers, about 30 percent were motor vehicle occupants and another 10 percent were nonoccupants.

These accidents can also impact children. In 2010, there were more than 1,200 children under the age of 15 who were killed in alcohol-related traffic accidents. More than 60 percent were occupants of a vehicle with a drunk driver, more than 10 percent were pedestrians who were hit by a drunk driver. Of all of the kids who died throughout the year, more than 15 percent were killed in these kinds of accidents.

In the state of Alabama, there were nearly 900 people who were killed in car accidents in 2010. Of these fatalities, nearly 315, or close to 40 percent, were the result of alcohol-related car accidents. All of these accidents could have been prevented and the victims could be here with us today if drivers were a little bit more responsible behind the wheel and made alternative plans to get home and stayed out of the driver's seat after consuming alcohol.

Continue reading "Drunk Driving Car Accidents in Montgomery and Elsewhere Taking Innocent Lives" »

Drivers know the dangers of drinking and driving, but does anyone know the real dangers associated with driving while sleepy? The answer is no. Most people overlook the dangers that are associated with drowsy driving.

According to a recent study from the Archives of Internal Medicine, there's virtually no difference between driving drunk and driving while sleepy, both have alarmingly high risks for car accidents in Montgomery and elsewhere.

The recent study examined the accidents of nearly 700 people who were hospitalized between 2007 and 2009. The findings illustrate that drunk driving and drowsy driving were equally dangerous.

Researchers concluded that both young drivers and male drivers were the ones who were most likely to drive while sleepy. But everyone else isn't off the hook. Drivers of all ages are hopping behind the wheel without enough sleep and the safety of motorists nationwide is at risk because of it.

Our Montgomery car accident lawyers understand that residents are spending more time on the roadways during this time of the year. It's the summer travel season and it's dangerous out there. More and more motorists are hitting the streets and setting out on their summer vacations. With a higher volume of traffic, risks for accidents increase. When you throw drowsy drivers into the mix, the risks are even higher. Every year, thousands are killed in these kinds of accidents. And officials believe there are more accidents that result from drowsy driving than are actually reported. The problem is that it's difficult to determine if a driver was drowsy during an accident as there's no way to test for it, like a breathalyzer tests whether or not a driver was drunk.

"Anytime you're feeling sleepy behind the wheel is a danger sign," said Christopher Drake, with the Henry Ford Hospital Sleep Disorders and Research Center.

A number of studies have determined that just four hours of sleep loss is the same as if a driver was to drink an entire six pack. If a driver loses a whole night of sleep, that's equivalent to have a blood alcohol content (BAC) level of 0.19.

Drivers are warned! Be safe and stay awake behind the wheel. Make sure that you get plenty of sleep before heading out. If you start to feel sleepy behind the wheel, it's very important for you to stop driving. You're recommended to either switch drivers with an alert passenger or to pull over and take a rest. You never want to power through your tiredness behind the wheel. It's a recipe for disaster.

Continue reading "Sleepiness Causing Car Accidents in Montgomery" »

Prom is right around the corner and students and faculty members with the University of Alabama are reaching out to high school students in the state to talk about the importance of safety and safe driving habits during this time.

Within these presentations, students are exposed to a short film in which a high school student gets involved in an alcohol-related car accident. The teen isn't the driver, but the other car involved in the wreck is driven by an intoxicated driver. The intoxicated driver slams into the teen's vehicle, and even after roughly 40 surgeries her body remains nearly unrecognizable. It's a very real truth, alcohol-related car accidents in Montgomery and elsewhere. These presentations were formatted to help ensure that these students work together to help keep our roadways alcohol free during this year's prom season.

Our Montgomery car accident lawyers understand that there is an alcohol-related fatality every 33 minutes. According to the Times Daily, an alcohol-related injury happens in the United States every 2 minutes. A number of safe driving advocates and law enforcement officials throughout the state are reaching out to these young drivers, hopefully before it's too late. We ask that parents get in on the action and talk with the teens in their family about the risks associated with prom night and the graduation season. Alcohol and drug use are a common factor in motor vehicle accidents on our roadways during this time of year. Talk with your teen to make sure that they understand the consequences of poor decisions and automobile accidents during this time of the year.

"Driving is a privilege, not a right, and parents need to set certain limits to ensure their teens stay safe," added Barbara Harsha, executive director of the Governors Highway Safety Association (GHSA).

ABC31 is here to offer parents with some simple tips to help kick off the safety conversation before their teen's big night. Talking with teens may be the best way to help raise awareness and keep them safe on our roadways.

Prom Safety Tips:

-Make sure that you know your teen's detailed itinerary for the big night's plans. Know the venues they'll be at, the time's they'll be there and contact information should you need to get a hold of them.

-Know what they're doing after prom. If it involves a friend's house, call their parents to make sure alcohol and other drugs will not be involved.

-Be sure to establish a curfew.

-Know the names and contact information of everyone your kid will be with. Talk to their parents as well to make sure everyone's on the same page.

-Establish "check-in" times.

-Provide your teen with a backup plan, or a way to get home safely, should they need. Offer a safe out for them.

-Insist your teen calls home and reports back any changes in the itinerary, should there be any.

Continue reading "Prom Season and Car Accidents in Montgomery " »

Truck accidents are by far the most dangerous types of accidents because trucks can cause such serious damage. It is important for companies to be careful in their hiring of truck drivers because one second of negligence by a truck-driver can cost someone their life.

Our Birmingham injury attorneys have helped those who have been involved in these Birmingham truck accident cases.

Recently the Florida Supreme Court heard a case involving a vehicle-truck collision. Kitroser et al. v. Hurt, et al., No. SC11-25 (Fla.Mar. 22, 2012). It all occurred because a truck-driver, Dale Dickey ("Dickey"), was driving a commercial truck negligently causing a collision with Rhina Castro Lara ("Lara"). Dickey was an employee of Airgas Carbonic, Inc. ("Airgas"). Airgas was incorporated outside of the state of Florida but they had a satellite facility within the state of Florida. It was at this facility that Dickey was trained and supervised in his capacity as a truck driver.

Unfortunately, Lara died as a result of her injuries in this vehicle-truck collision. Upon investigating, Lara's estate ("Kitroser") found information surrounding the hiring and supervising of Dickey. Because of this Kitoser then sued Dickey, Airgas, and five Airgas employees for negligence in the Florida county where the accident occurred.

Victim's estate alleged that the Airgas employees working at the Florida office, had knowledge of Dickey's bad driving record when they decided to hire him. Because Airgas hired a dangerous driver as a commercial truck driver, Kitoser argued that Airgas and the Airgas employees involved were liable for negligence.

The Airgas employees agreed that they were present at the Florida facility and that they were involved in training Dickey. However, they countered Kitoser's claims, stating two arguments against the Florida court's jurisdiction over them. First they argued that a Florida court did not have personal jurisdiction over them because they were out-of-state residents. The Airgas employees then argued that even if the court found that argument to fail, a Florida court should not hear the case because of the corporate shield doctrine.

Personal jurisdiction is the power a court has to make decisions that bind you to its ultimate decision. Usually the courts that will have jurisdiction over you are the courts in the state and county where you reside, where you own property, where you are served with notice of a cause of action, or where you consent to allow jurisdiction. The reason for these types of restrictions on jurisdiction is so that each person has an opportunity to be close to their adversarial proceedings in order to avoid inconvenience to parties and witnesses.

Because the employees were present in the state of Florida and they negligently hired Dickey within said state, the court here cited the well established rule. A state's court system can have jurisdiction over a non-state resident where this person commits civil negligence within the state.

The corporate shield doctrine was the second assertion against personal liability that the employees argued. This doctrine protects employees from lawsuits arising in the state where the corporation is headquartered but where the employees have not been. Because the facts of this case are the opposite, this argument was dismissed.
For the reasons above, the court here held that it had personal jurisdiction over non-resident employees who were negligently fulfilling their job functions.

This case really shows that although every state is controlled by similar dictates, they vary in interpretation. The United States judicial system is divided by county, state, district and circuit. Because of this, it is important to be sure which court will hear your case. Especially in accidents where there is a corporation and driver involved, it is important to get the right information from a reliable attorney.

Continue reading "Negligence and Out of State Drivers: Alabama Courts Rule in Kitroser v. Hurt " »