Alabama Injury Attorneys Blog

For all the time and technology we've had to tackle the issue of fatal crashes in Alabama, we have yet to get a firm grip on the problem.

Our Birmingham injury lawyers know that between 2007 and 2011, there were nearly 600 people killed in some 530 crashes just in Jefferson and Shelby Counties. There were also more than 27,000 non-fatal crashes in those counties just in 2011, according to a report by the University of Alabama.

Speed is often cited as a factor. So is the increase and traffic levels. But also, we have the issue of those who drive distracted. The number of fatal crashes between 2009 and 2011 spiked by approximately 22 percent.

We believe we have a good idea why: The rise in smartphones, one of the ultimate distractions behind the wheel.

A new report from the Pew Internet & American Life Project found that nearly 60 percent of American adults now have smarphones. That's up from 35 percent just two years ago.

This dramatic increase has no doubt had an impact on the number of crashes.

Consider also that 90 percent of all Americans have a cell phone of some kind. That's an increase of eight percent in just two years.

The biggest group of individuals without cell phones were those who said they were content with their landlines, and believed cell phones too expensive. Mostly, these individuals were 65 years of age and older.

A survey of 18-and-over adults found unsurprisingly that the possession and use of smartphones is especially high among those in their 20s and 30s, though those in their mid-40s and 50s have been increasingly jumping aboard the trend.

Alabama enacted a texting-while-driving ban last year, becoming the 38th state to do so. The ban encompasses the use of Internet or e-mail surfing, but not dialing or merely talking on the phone.

This loophole could be problematic, considering a recently-released study conducted by data analysts at the University of Alberta. Researchers found that talking on a cell phone while driving wasn't safe, even if the device was a hands-free one.

We already know that talking on a handheld phone increases the risk of a crash by four times.

The study was conducted using a driving course simulator with male participants between the ages of 18 and 45. In one test, the men drove without distraction. In the second round, the men held a two-minute conversation with a hands-free device. Researchers learned that the rate of increased error was somewhere between 20 and 50 percent.

Researchers in a separate study at the same university found that interestingly, rates of cell phone use while driving increased with income. In fact, those earning over $100,000 were among the top behind-the-wheel cell phone users. This is different from what we so often here which is that teens are the primary problem when it comes to distracted driving. Apparently, it's also practiced by those who clearly should know better.

Continue reading "Birmingham Car Accidents May Rise With Increasing Smartphone Users" »

Dangerous vehicles and vehicle parts can be a contributing factor to serious Tuscaloosa car accidents resulting in injury and even death.

Most of the time, when companies become aware of design flaws that could make their products unsafe, they issue a recall.

Currently, we have one manufacturer who has issued a massive recall and another that is refusing to do so.

It's worth noting that a company can be held liable for accidents and injuries caused as a result of their defect, regardless of whether a recall is issued. Still, the issuance of one, particularly when there is a recommendation from the National Highway Traffic Safety Association, shows good faith that the manufacturer is doing all it can to protect the safety of consumers.

In the first case, Ford Motor has issued a recall of nearly half a million 2013 model cars because of a fuel leak that can potentially lead to fires. The problem was red-flagged on current model Interceptor Sedans, Interceptor Utility, Fusion, Flex Taurus and Explorer models.

A spokesman for the company said it hasn't been notified of any injuries or even fire incidents as a result of the leak, but it has had more than 600 complaints about the fuel leak since the end of March.

A similar fuel line defect in the automaker's current-model Escape caused the company to recall that model as well, also for risk of fire, just last year. The company took the unusual step at the time of warning drivers not to drive the vehicles at all until they could be fixed. Such a warning hasn't been issued this go-around.

In addition to the larger recall, Ford also issued two much smaller recalls - one for an engine block heater with potential to crack and another for potential steering control loss due to a missing retaining clip.

At the same time, Chrysler Group is refusing a request by the NHTSA to recall nearly 3 million sport utility vehicles that the federal agency says are at risk of fire. The government says that the gas tanks in certain models of Jeep Grand Cherokees and Jeep Libertys are not safe.

This is the first time in 17 years that an auto manufacturer has resisted a demand for recall by the NHTSA. That case too involved Chrysler, and it was over a seat belt system installed in more than 90,000 cars.

Chrysler said the design of the gas tank is accepted in lots of other types of vehicles, and that any fatalities attributed to it involved high-speed accidents in which the design of the tank wouldn't have made a difference one way or the other. NHTSA disputes those contentions.

The federal agency has recalled more than 500 million vehicles since 1996 in some 17,000 separate notices.

An inquiry into the Chrysler models was launched by the NHTSA at the behest of the Center for Auto Safety in Washington D.C. The public interest research group reports there have been more than 200 firey crashes with nearly 300 deaths involving the Cherokees and nearly 40 accidents resulting in more than 50 deaths involving the Liberty model.

Continue reading "Tuscaloosa Accident Lawyers Warn of Dangerous Vehicles " »

Reports of defective strollers in Alabama and throughout the country, resulting in hundreds of injuries and, sadly, several deaths, have prompted the U.S. Consumer Product Safety Commission to approve the first step in the implementation of federal safety standards for the devices.

Our Birmingham defective products attorneys understand that the CPSC voted unanimously to issue a notice of rulemaking on the issue, which kick-starts the process of establishing a set of uniform safety guidelines for the devices.

The only surprise with this is that it took as long as it did, given the high number of injury reports and the fact that it affected infants and young children.

Of the 1,200 stroller defect incidents reported between 2008 and 2012, some 360 resulted in serious injuries. Four resulted in fatalities.

Adopting a clear set of standards for manufacturers, the safety watchdog group said, would result in fewer of these occurrences.

The agency has already identified a pattern of specific problems that they continue to see over and over again with strollers manufactured and/or distributed in the U.S. Those include:

• Wheels that break or detach;


• Lock and parking break failures;


• Issues with certain hinges;


• Problems with structural integrity;


• Entrapment;


• Car seat attachment malfunctions;


• Canopy collapses and other issues;


• Failures with regard to handlebars.

These problems account for the majority of child stroller injuries suffered. Mostly, those injuries include:

• Amputations of fingers as a result of malfunctioning canopy hinges and folding hinges;


• Falls that occur when the parking brake fails or the wheels become detached;


• Injuries caused when the stroller collapses;


• Head becomes entrapped in one of the openings;


• Falls that occur when the child is able to unbuckle the restraint harness.

The new rules, though not yet drafted, would aim to cover all types of strollers, including carriages, side-by-side, multiple occupant, travel systems and jogging strollers.

One of the biggest problems has been finger amputations, so that is expected to be a special preventative focus of the guidelines. The goal is for the standards, which will be mandatory, to be effective within a year-and-a-half of the final rule being published in the Federal Register.

In the last few years, the agency has enacted a number of stricter standards for various child products, including full-size cribs, baby bath seats, baby walkers, children's portable bed rails and play yards.

But strollers seem to have largely been overlooked until now.

A number of stroller recalls have been issued so far this year. Some examples include:

• The iCandy World Cherry stroller, recalled in March for strangulation hazard;


• The Bugaboo Cameleon3 stroller, recalled in March for fall hazard;


• The Mutsy USA EVO strollers, recalled in February due to strangulation hazard;


• Bugaboo Donkey and Camelion strollers, recalled in January due to fall and choking hazards.

Continue reading "Child Stroller Injuries Prompt Efforts to Boost Safety" »

We kick off the summer travel season with the Memorial Day weekend holiday. Unfortunately, it also kicks off the most dangerous time of the year for motorists on the road. According to The Selma Times-Journal, Alabama State Troopers will be out in full force looking to bust irresponsible drivers.

Our Tuscaloosa car accident lawyers understand that there were three fatal car accidents that happened during the 2012 holiday. That's a number that's down from seven in 2011. We're hoping for zero this year. Alabama State Troopers will be out hunting dangerous drivers from Friday, May 17th through Tuesday June 4th.

Through this safety campaign, troopers are urging drivers to buckle up, drive sober, avoid distracted driving and use caution while crossing highways and railroad tracks.

We know that accidents happen, even if that accident is a breakdown. Knowing what to do in the event of a vehicle breakdown can help keep you safe over the holiday travel weekend.

If your vehicle breaks down, safety should be your first concern -- always. Getting out of your vehicle at a busy intersection or out at a highway to change a tire can be one of the most dangerous things you can do. The Insurance Information Institute (III) offers some safety tips, should you find yourself on the side of the road.

-Never get out of your vehicle when you're stopped on a busy highway. Get your vehicle to a safe place before exiting. All too often, motorists slam into disabled vehicles because they're not paying attention behind the wheel or they simply don't see them.

-If you're unable to drive your vehicle to a safer spot, your best bet is to sit inside the vehicle with a seat belt on and wait for help. When you're outside of your vehicle in a dangerous area, you're just a target. Stay inside your vehicle and stay buckled in.

-Having flares and/or triangles with you can be of added benefit. This will help you to mark your location once you've moved your vehicle to the side of the road.

-Put on your hazard lights. You want to give travelers as much notice as possible. Be seen out there, especially if you're on the side of the road after dark.

-If you run into a flat tire, move the vehicle before getting out. If you've got to ride on the rim, go ahead and do it. The cost to fix a rim is going to be much cheaper than a hospital bill should you get into an accident while trying to change your tire in a dangerous area.

We're urging you to stay safe out there. Officials with the National Safety Council (NSC) predict that there will be close to 410 traffic fatalities that are going to happen throughout the U.S. during the Memorial Day travel weekend. Don't become a statistic and prepare yourself for anything and everything out there. It's your best bet when it comes to staying safe.

Continue reading "Alabama Traffic Accidents A Risk Over Memorial Day Holiday" »

A measure has been proposed to lower the legal blood-alcohol content for motor vehicle operators. The proposed limit seems to be gaining support in Congress.

Our Tuscaloosa car accident attorneys understand that the National Transportation Safety Board is urging the federal government and all 50 states to back a measure that would reduce the legal BAC threshold from the current standard of 0.08 percent down to 0.05 percent.

The proposal was prompted by the fact that over the last 10 years, the number of DUI fatalities nationwide has hovered around 10,000 people annually. Impairment from alcohol plays a role in about one out of every three fatal crashes in the U.S.

In the last three decades, nearly 450,000 have perished due to alcohol-impaired driving. The board estimates that reducing the BAC by 0.03 percentage points would have the effect of saving 500 to 800 lives annually.

With a legal threshold of 0.08 percent, a typical male weighing 180 pounds could presumably consume three to four alcoholic beverages in a little over an hour, and only barely reach that threshold (per a BAC calculator created by the University of Oklahoma.) When we reduce that threshold to 0.05 percent, that same person will only be able to consume two to three drinks before reaching that threshold.

The NTSB is an independent agency that serves to investigate transportation accidents and also advocates on issues of transportation safety. It can't enact policy on its own, but it is a powerful advocacy arm of the federal government.

The last time the federal government took action to reduce the legal BAC was during the Clinton years, when it was slashed from 0.15 percent to 0.08 percent. The government threatened to withhold highway dollars to those states that failed to comply. The last one finally did in 2004.

Since the 1980s, the number of alcohol-related deaths has fallen significantly, from 20,000 in 1980 down to 9,900 in 2011. But it's still too high. And these figures don't reflect those who suffer severe and sometimes lifelong injuries inflicted by the carelessness of a drunk driver.

Continue reading "Fewer Tuscaloosa DUI Injuries With Lower BAC Limits?" »

There is no question that distraction behind the wheel is deadly, especially for teens.

However, new research reveals that distraction - or more specifically, texting and cell phone use - results in more U.S. teen fatalities than drunk driving.

Our Birmingham car accident attorneys know that this revelation may come as a surprise to some, but it's been some time in coming, given the number of teens who now carry cell phones and how frequently they are used.

The Cohen Children's Medical Center in Hyde, New York found that while there are an estimated 3,000 teens who die every year as a result of a crash that occurs due to texting while driving, the number of teens who die in drunk driving crashes is about 2,700.

That's about a 12 percent difference.

It makes sense too when you think of these issues in terms of access. Not every teenager is going to have access to alcohol. They shouldn't, anyway, because it's against the law in every state. They do get it, of course, but even in those cases, it's usually not an every day occurrence.

But cell phones are the norm among teens. It's rare that you find a teenager without one, and these devices are often easily accessible every time one gets behind the wheel. That kind of incessant access can also make it difficult for a teen to ignore phone calls or text messages.

Seeming to back this theory is a recent report by CBS News, which revealed survey results indicating that nearly 60 percent of teens admitted to texting while driving, even in states where it was expressly forbidden by law.

Last year, Alabama became the 38th state to ban texting behind the wheel, and the law applies to all drivers. It's a primary law, meaning officers can pull you over simply for this offense. Yet, it doesn't appear to be widely enforced. USA Today reported that since the law's inception last August, the Alabama State Highway Patrol has only issued 155 citations for the offense, as of May 5, 2013.

Figures weren't available from local police agencies. But clearly, we could be doing more to drive home the point. If teens know they are unlikely to face any consequences, there is little to stop them from continuing these same behaviors.

A recent survey conducted by CarInsurance.com found that many motorists take this issue seriously, with 53 percent believing that an in-vehicle cellphone ticket should result in increased insurance rates. (In Alabama, it already is, as an offense is considered a moving violation, carrying up to two points on your license, which would in turn increase your rates.)

Another 75 percent said that if cameras were installed in vehicles, anyone caught talking on a cell phone should automatically have their rates increased. Sixty-three percent of respondents said that teens should be required to install in-vehicle monitoring devices. Eighty-one percent said we should do the same for those with a prior DUI conviction.

Continue reading "Alabama Traffic Safety Watch: More Teen Drivers Die Texting Than Drinking" »

Alabama needs to get better about buckling up.

Our Tuscaloosa car accident lawyers know that you can't always prevent a crash from occurring, but your first line of defense is to make sure you and your passengers are strapped in.

A report released recently by the Alabama Department of Transportation indicates that nearly 60 percent of people who died in traffic crashes in Alabama last year weren't wearing a seat belt.

Of course, it's worth noting that some of those incidents involved vehicles that did not have seat belts, such as school buses.

However, of the approximately 425 traffic fatality victims who were inside vehicles equipped with seat belts, 251 of those weren't wearing them.

A total of 513 people were killed on Alabama's roads in 2012.

The actual number may be more, as the figures are compiled by Alabama State Troopers, who investigate crashes that occur on the state's rural, state, U.S. and interstate highways. Those crashes that happen in cities are handled by local police, and aren't included in these figures, which are preliminary.

With that in mind, the final count of crash fatality victims who were seatbelt-less is likely to be even higher.

The Tuscaloosa News reports that about 10 percent of those crashes were in the 10 counties that comprise West Alabama.

Tuscaloosa County had the most trooper-investigated fatal crashes in West Alabama, totaling 24. Pickens County reported seven while Marengo and Perry counties both had six Greene County reportedly had four traffic deaths, while Lamar and Bibb three each. In Sumter and Fayette, both recorded one each.

So far this year, state troopers report there have been 36 people killed in traffic crashes. Of those, 17 were not wearing seat belts.

Sixty percent has been the average rate of traffic fatality victims over the last five years among those who weren't wearing seat belts.

State law requires that all children between the ages of 6 and 15 must wear seat belts. Same with anyone who is in the front seat. Children who are under the age of 6 have to be restrained in a child safety seat that is approved by federal motor vehicle safety standards.

Again, whether you wear a seat belt doesn't diminish your chances of being able to pursue compensation if you are severely injured or if a loved one dies in a crash. However, we'd rather you walk away from a rattling incident with no injuries at all. Wearing your seat belt boosts your chances.

A 2006 report by the National Highway Traffic Safety Association, titled Unconscious Motivators and Situational Safety Belt Use, found that while there are a small number of Americans who never wear their seat belt, what's more common is something called "situational safety belt users." These are individuals who essentially are playing Russian roulette with their lives every time they get behind the wheel.

Part of the problem is something researchers called "risk fatigue." People get tired of hearing over and over again about the risk of going without a seat belt, so they simply tune it out. The other problem is that after a while, driving becomes familiar and comfortable for most people, so they begin to feel as if they are mostly safe. This is not true, of course, as getting in the car is one of the most dangerous things you can do in this country.

Buckle up - every time.

Continue reading "Alabama Traffic Safety: Seat Belts Still First Line of Defense this Summer" »

There is no question that the primary responsibility to remain distraction-free behind the wheel lies with the driver.

However, given the huge scope of the problem and the enormous price we pay as a society, the U.S. Department of Transportation's National Highway Traffic Safety Administration is requesting some help from vehicle manufacturers.

Our Birmingham car accident lawyers understand that USDOT Secretary Ray LaHood has released a list of voluntary guidelines for automakers that would help to reduce in-vehicle distractions, thereby making us all safer.

The recommendations, which include limits on built-in electronic devices for navigation, communication and entertainment, are part of the NHTSA's Blueprint for Ending Distracted Driving.

LaHood called the problem "epidemic," and said that while motorists undoubtedly are appreciative of the ever-advancing technologies available at their fingertips - otherwise they wouldn't continue to seek them out - the auto industry has a responsibility to strike a balance.

Per the guidelines, the specific criteria for in-vehicle devices involves recommendations to limit the amount of time a motorist has to take her eyes off the road to perform any task to 2 to 12 seconds.

Even that, we believe, is a stretch. Consider that if you are traveling at 65 miles per hour and an in-vehicle electronic device requires 12 seconds of your time, you will have traveled 1,143.6 feet during that time. That is about one-fifth of a mile that you will have traveled without ever looking at the road.

To put it another way, that is the length of more than three football fields.

A fatal crash can occur in an instant.

Consequently, the NHTSA has made one of its recommendations that certain devices be disabled while the vehicle is in motion. These would include manual text entry for Internet browsing or text messaging, video conferencing or video phoning and certain text pages, such as those used for social media. This forces people who are using some of the most dangerous - i.e., most distracting - technologies to pull over before they engage.

The NHTSA's recent report on hand-held and hands-free cell phone use and the impact on driver performance and safety found that those using handheld electronic devices upped their risk of a crash by three-fold.

Although the study didn't specifically focus on vehicle built-in electronic devices, one can readily assume, based on the average amount of focus these things require, that the distraction level is about the same.

Getting automakers on board with this kind of thing might be key, especially considering the recent report by USA Today, which reveals that texting law bans appear to be poorly enforced.

In Alabama, for example, the anti-texting law is a primary law, meaning officers can pull you over solely for that offense. Since the law went into effect last August, only 155 citations have been issued. That's 155 citations in 10 months, or 300 days, which breaks down to about one citation every other day - throughout the entire state.

Clearly, more needs to be done. Getting auto manufacturers on board is a good start.

Continue reading "Alabama Distracted Driving Crashes Targeted by USDOT" »

A new report reveals that 2011 was a dangerous year for cyclists.

Our Birmingham personal injury lawyers have learned that the National Highway Traffic Safety Administration has just released statistics revealing a nearly 10 percent spike in the number of pedalcyclists killed on U.S. roadways.

Pedalcyclists would include any rider of a non-motorized, two-wheeled vehicle, which could include unicycles and tricycles. Mostly though, we're talking about bicyclists.

Although we're looking at figures from 2011, comprehensive statistics were just released by the federal government and are the most recent available. The snapshot they provide is troubling.

That year, there were 48,000 cyclists injured in motor vehicle crashes.

Another 677 were killed. That is a marked increase from the 623 whose lives were lost the same way a year earlier.

Of course, the number of traffic crashes in the U.S. is astronomical, so bicycle injuries accounted for just 2 percent of those hurt in wrecks that year. It's worth noting, though, that this percentage is higher than it's ever been in the last decade.

This is a reversal of a downward trend that has been continuing since 2005-2006. In recent years, the number of bicyclist fatalities dropped from 786 down to 772, and then down to 701. In 2010, figures dropped to their lowest in 10 years. Now, we're seeing a shift.

Although the researchers don't attempt to explain why we might have been seeing this increase, we suspect part of it has to do with the fact that there are simply more bicyclists sharing the road these days. More often, people are using bicycling as a means to not only get exercise but as regular transportation, to get to and from classes or work or errands.

This is evidenced by the fact that the age of bicyclist accident victims has risen steadily since 2002. Back then, the average age of cyclist fatality was 36. By 2011, the average age was 43, with the highest proportion of those suffering fatalities being males between the ages of 45 and 54. Those suffering the highest number of injuries were males between the ages of 16 and 20.

Part of that may be a reflection of the fact that the younger the rider, the more resilient he may be to the impact of a crash.

Regardless of age, the most dangerous time for bicyclists to be on the road was between 4 p.m. and 8 p.m. - right through rush hour. This is when 30 percent of all cyclist fatalities were reported. The second-highest time frame was between the hours of 8 p.m. and midnight.

The fewest were reported between midnight and 4 a.m. This is a somewhat different trend than what we see with motor vehicles, where the nighttime hours are without question the most deadly. Part of the reason bicyclist crashes may break from that trend is that there are simply fewer bicyclists - and motor vehicles - on the road during those hours.

However, there is evidence to suggest that bicycle crashes that do happen during those hours have the potential to be more deadly, as drivers are more likely to have been drinking and the lack of daylight may make it more difficult for bicyclists to be seen.

The NHTSA advises that motor vehicle drivers need to share the road with bicyclists, and be courteous by allowing at least three feet of clearance when passing one on the road. Always check for a bicyclist before opening your vehicle door while parked on the street or when pulling out of a parking space. Use extra caution to watch for cyclists during turns.

Continue reading "Alabama Cycling Safety: Fatalities Jump 9 Percent in One Year " »

A recent series of crash tests by the Insurance Institute for Highway Safety found that the underride guards standard with most U.S. big rigs pose a substantial risk of a passenger vehicle sliding under the truck in certain types of crashes.

Our Alabama truck accident lawyers know that finding out more about this problem is key because once a passenger vehicle slides under a large trailer, the risk of serious injury and fatality spikes significantly.

National standards require most semitrailers to be equipped with underride guards, which are steel bars that hang from the back of the trailer. The primary aim of the equipment is to prevent a passenger vehicle from sliding underneath the trailer in the event of a crash.

Previously-conducted research has suggested that the current minimum U.S. standards for these guards is not adequate enough to prevent a tragedy. As a result of that research, the IIHS petitioned the National Highway Traffic Safety Administration two years ago for increased standards and also to consider applying those standards to certain types of bigger trucks - like dump trucks - which at this point aren't required to have any underride guards at all.

The bad news is the NHTSA has yet to respond.

The good news is that a lot of companies are installing underride guards that are better than currently required by the U.S. because six years ago, Canada began requiring the equipment to meet tougher standards. So trucks that regularly cross over the national border - and many do - have to be roadworthy if they want to continue doing business.

By proxy, that has meant safer trucks here in the U.S. One manufacturer has even begun selling the upgraded underride guards to U.S. truck companies, as a means to hopefully gradually prepare them for a policy shift.

Still, it's not enough and, really, our own standards should be improved immediately.

As the IIHS continues to wait on the NHTSA for a response to its petition, it conducted its own series of crash tests on trailers from eight of the largest truck manufacturers in the country. All of those tested met both the U.S. and the Canadian standards, which require the equipment to hold up to a certain amount of force at certain points.

In each test, a small passenger vehicle traveling 35 miles per hour crashed into the rear of a parked truck. The tests involved crashing the vehicle at various angles. When hitting straight on and up through a 50 percent overlap, all eight trailers withstood the test, preventing the vehicle from sliding underneath.

However, when the angle was reduced to a 30 percent overlap, seven out of eight underride guards failed the test. The passenger vehicle slid underneath.

So meeting the current Canadian standard would be a good place for our traffic regulators to start - but they shouldn't stop there.

The damage was bad enough with the truck sitting stationary. Imagine that kind of a crash on the highway, with a vehicle traveling 65 mph or faster.

Continue reading "Alabama Truck Crashes Fatal With Inadequate Underride Guards" »

In April, Alabama.com reported on the tragic death of a Coaling woman.

The 37-year-old victim was involved in an accident while riding a four-wheeler. The four-wheeler was found lying on its side with the victim lying nearby next to a tree. The location of the crash was a private driveway near to the woman's home. Her husband indicated that the victim had ridden the four-wheeler down the driveway to go to the mailbox and never returned.

Our Alabama ATV accident lawyers know that recreational vehicles are enjoyed by many, especially over the spring and summer months when the weather is nice. Unfortunately, four-wheelers, ATVs and other vehicles of this type can also be deadly when an accident happens. It is important for everyone to understand the risks inherent in riding a four-wheeler and to take steps necessary to protect themselves from these risks.

How Dangerous are Recreational Vehicles?
The data on ATVs and four-wheelers shows just how much danger these types of recreational vehicles present to riders. According to ATV Safety, for example, there were 327 deaths on ATVs in 2011 including 57 children under age 16 who lost their lives. Many others were injured, with 107,500 people in total going to ERs due to ATV injuries, 29,000 of whom were aged 16 or under.

ATVs and four wheelers are dangerous for a lot of reasons, including the fact that they are often operated by young people with limited experience. The tendency of drivers to use these vehicles in dangerous off-road situations and to drive fast to get a thrill are also contributing factors in why so many four wheeler and ATV accidents happen.

How Can You Stay Safe?
A high accident rate means that people need to be cautious when riding an ATV. Riders can continue to enjoy ATVs and can significantly reduce their chances of an accident by following some basic safety tips.

Some of the best tips that can help you to avoid ATV accidents include:

• Taking a safety training course prior to riding. Parents should always require their kids to take such a course.
• Wearing a helmet and other appropriate gear including long sleeves.
• Riding only in designated areas or on off-road trails. ATVs do not operate well on pavement because the inner wheels can skid and cause the ATV to go out of control.
• Riding only when sober. No one should ever get on an ATV or four-wheeler after consuming any alcohol or drugs.
• Following all manufacturer safety instructions. This includes making sure that you do not put more passengers on an ATV than recommended. Many ATVs are designed only for one rider and this means that there should only be one person on them.

Following these safety tips is important and the tips should be followed all the time. As the recent ATV accident involving the Coaling woman showed, accidents often can and do happen close to home.

In some cases, these accidents may be the result of a dangerous or defective product marketed by the manufacturer. In other cases, a dealership may share the blame. In still others, a property owner may face liability when someone is injured in a riding accident.

Continue reading "Alabama ATV Injuries a Summer Risk" »

A new study shows that more children are being rushed to emergency rooms across the country for swimming pool injuries than they were two decades ago.

Our Tuscaloosa swimming pool injury lawyers were troubled to learn that there were more than 1.5 million injuries from swimming in the U.S. involving people of all ages from 1990 and 2008. That number has increased yearly from roughly 80,000 back in 1990 to 93,000 in 2008. That's an overall increase of 16.25 percent.

When the researchers broke it down to examine only those injuries to children, the results were even more dramatic. For children 7 years of age or older, the rate of swimming pool injuries increased by 30 percent. It went from 9 injuries for every 10,000 to 11 injuries for every 10,000. Children under the age of 17 accounted for almost 60 percent of all swimming-related injuries.

Researchers say that means every six minutes, we have a swimming injury in this country. In Alabama, the rate is likely higher because our weather permits more outdoor swimming activity throughout the year, as compared to many northern states.

The study, published in the the American Journal of Emergency Medicine, found that one of the greatest contributors to swimming injuries was lack of supervision. As researchers pointed out, if a child slips and falls on the playground, he usually won't risk death. However, a slip and fall into the swimming pool can prove fatal.

In reaching their conclusions, the study authors culled data from the National Electronic Surveillance System, with a focus on people who swam a minimum of six times annually. For every 100,000 swimmers, there were 18 serious injuries among children between the ages of 7 and 17 years. For those older than 17, the rate was 9 for every 100,000.

Additionally, swimming pools are apparently far more dangerous than other types of water bodies, as nearly 90 percent occurred either around or in swimming pools. Most of those injuries involved punctures, bruises, cuts and scrapes. The most common areas for injury were the head and neck, followed by the lower body.

Children under the age of 7 who suffered swimming pool injuries were more likely than others to suffer very serious injuries that required admission to the hospital or result in death.

Part of the reason for this uptick has to do with the fact that swimming is becoming extremely popular. In fact, the Centers for Disease Control reports that it is the third-most popular recreational activity in America, with more than 300 million Americans engaging in it at some point each year.

As one psychologist from the University of Alabama at Birmingham was quoted as saying, as summer nears, it's not so much that swimming should be discouraged as the risks need to be more readily understood.

Basic swimming safety rules include not drinking while swimming, never swimming alone and being mindful of strong currents that occur in natural bodies of water.

Continue reading "Alabama Swimming Pool Injuries on the Rise" »

Our Birmingham medical malpractice lawyers have learned that a widow was recently awarded $3 million in a wrongful death lawsuit filed against Birmingham Surgical, P.C. and a doctor employed therein.

It took the jury roughly an hour to reach their verdict, following a 17-day trial.

The cause of his death was negligent delay of gallbladder surgery. Gallbladder surgery is supposed to be a fairly routine procedure, called a cholecystectomy. Some 500,000 people undergo the surgery each year.

Your gallbladder is a pear-shaped organ situated just below your liver. This is the organ that collects and stores bile, which is the digestive fluid made by your liver. Having this organ removed can be deemed necessary in cases of gallstones in the gallbladder or bile duct or with gallbladder inflammation and possibly even pancreatitis.

These days, the surgery is laparoscopic, meaning it's conducted with a video camera and surgical tools inserted through a small incision.

Sometimes, there is a small risk of infection or a bile leak or blood clots. However in many cases, patients can even go home the same day of the surgery or only stay for one night.

However, if the surgery for gallbladder pain is delayed too long or not received at all, it can prove fatal. In this case, the patient was admitted to the hospital in late November for severe gallbladder pain. During that time, every single doctor - save for one - concluded during his first day of admission that the patient's gallbladder should be removed. The one who did not agree was the surgeon. It was he who made the final call to wait. The patient was released five days later.

He was re-admitted two days after that, again with severe gallbladder pain.That time, he stayed for six days. Again, the surgeon declined to act to remove the organ, and he was ultimately released.

He returned to the hospital just four days later, where he stayed for another two weeks, until his death on Christmas Day. The cause of death was determined to be a pus-filled gallbladder, caused by severe infection and inflammation. That was according to the autopsy, though the surgeon insisted that he had died of cardiac arrest or "some other cause."

Although the original claim named dozens of physician and medical practice defendants, it was eventually pared down to the hospital and the surgeon. Here, the jury found that the doctor continued to insist on delaying the surgery for a number of reasons - all of which were unjustified. This was the ultimate cause of this man's death.

Failure to diagnose, misdiagnosis and delayed diagnosis may all result in negligent injury or death.

Continue reading "$3M Birmingham Medical Malpractice Verdict - Delayed Surgery Results in Death" »

A jury has awarded $1.7 million to an Alabama man who incurred severe injuries as a result of a 2009 manlift accident at a steel mill.

Our Tuscaloosa construction accident lawyers understand this incident occurred in Daphne, which is in southern Alabama, not far from Mobile.

According to news reports, the incident happened the day before Halloween, while the worker was using a manlift to install an overhead crane. He was nearly 80 feet in the air. Suddenly, the wire ropes in the equipment failed. He plunged some 25 feet.

The manlift's boom retracted, similar to what you might see with an accordion, only on a much greater scale. As the worker fell, his right femur bone snapped. His head struck the control panel and he was knocked unconscious.

The scene to which he awoke was horrific. He was 60 feet in the air. Suspended. Immobile. The pain was immense, but there was nothing he could do until rescue workers arrived and were able to get him free - nearly an hour later.

The worker, incredibly lucky to have survived, was not finished with his ordeal. In the months that followed, he required a series of major surgeries. He had to have a steel rod inserted from his hip all the way down to his knee.

He now walks with a cane, though he pushed to be able to return to work, albeit on modified duty, a few months later.

As the investigation into what happened got underway, it was revealed that three different companies may have been collectively responsible for what happened - the crane rental company, the aerial lift company and the welding firm.

To begin with, the manlift being used for the job was rated to be able to hoist a load of about 90 pounds. Yet, the company was using it to push rolling girders. These materials in some cases weigh as much as 90,000 pounds. This was despite the fact that the safety manual for the device EXPRESSLY prohibited such action.

What's more, the crane's manufacturing schedule called for maintenance inspections either every 150 engineer hours or every three months. However, the crane rental company wasn't in compliance. A one-time mechanic for that firm told the court that administrators at the company ordered those inspections no to take place, so they wouldn't have to pay the cost for overtime.

However, regular inspections would have turned up the damage to the lift that could have prevented all of this from happening in the first place. By taking shortcuts, these firms were hoping to save time and money. In the process, safety was compromised and this worker was nearly killed.

Ultimately, a jury saw fit to hold the negligent parties responsible. The three firms were collectively ordered to pay $1 million, while the crane company will have to pay another $700,000 in punitive damages.

Continue reading "$1.7M Awarded to Worker in Alabama Construction Accident" »

Spring is widely recognized as "construction season," as the warming weather brings a host of demolitions, new projects and repairs.

Our Birmingham construction accident lawyers want to make sure every worker, contractor and owner out there is doing all that is necessary to ensure safety at ever level.

There is a misconception that commercial job sites are somehow riskier than residential construction sites. It's true that more workers and heavier equipment may present more opportunity for danger. But residential job sites pose their own unique risks. For example, fewer workers means less oversight and more opportunity to potentially overlook critical safety standards.

One of the most common residential construction projects that we'll be seeing in the coming months are roofing repairs, so we want to take some time to specifically focus on how roofers can be safer on the job.

The Occupation Safety & Health Administration reports that roofers are at a safety disadvantage from the very beginning, solely based on the height from which they are working.

An additional risk is the fact that if they are on site to repair the roof, it means the existing roof is more likely to be of poor integrity. That can increase the risk of a fall, especially if the workers aren't trained on how to use fall protection.

On job sites where workers will be expected to repair and patch roofs, contractors have a number of safety options, which include aerial lifts, scaffolding and a number of conventional fall prevention methods. The method chosen is going to depend on the type of building upon which one is working and the kind of repair initiated.

To begin, before anyone sets foot on that roof, employers have to figure out whether the roof's structural integrity is intact. If it is not, an expert should be brought in to determine what precautions need to be made to ensure the safety of workers.

Workers that are conducting most of the repairs along the edge of the roof could use an aerial lift or scaffolding. Both, when used properly, create a stable platform for roofers to do their jobs.

Those working higher up on the roof could still use a scaffold, or they may choose a personal fall arrest system, which is the personal choice for many roofers. It's essentially a full body harness attached to an anchor. It's critical that all components of the device be installed and fitted correctly.

In the event that the employer is not planning to use scaffolds or ladders or aerial lifts and can show that it's either not practical or would be a greater hazard to use a personal fall arrest system or some other fall protection equipment, that employer must develop a written, site-specific fall protection plan for any structures higher than six feet.

That plan has to meet the standards laid forth in 29 CFR 1926.502(k). It has to be developed by either the owner, the supervisor or a worker who has an extensive amount of knowledge, experience and training on such matters. That plan has to show why conventional methods won't work and how they plan to address the safety of workers in their absence.

Continue reading "This Spring, Make Birmingham Construction Safety a Priority" »