Alabama Injury Attorneys Blog

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" »

Distracted driving is responsible for thousands of accidents and injuries each year and is always dangerous behind the wheel. However, distracted driving can be especially dangerous when it is done by a commercial driver who has a large truck under his control or who is responsible for transporting passengers.

Our Alabama trucking accident lawyers know that commercial drivers are expected to pay careful attention when behind the wheel. It's an appropriate focus as April is Distracted Driving Awareness Month nationwide. A new survey conducted by Aegis Mobility aims to find out whether professional drivers are actually living up to their obligations and avoiding distracted driving, or whether drivers are paying attention to things that they shouldn't be as they travel the roads.

Distracted Driving Survey For Fleet Operators
The Department of Transportation has banned texting and driving for all drivers of large trucks and buses. The U.S. Transportation Secretary reported that the ban was an important safety step. The civil and criminal penalties for a driver who breaks the rules could be up to $2,750.

Of course, just because laws are passed doesn't mean everyone follows them. Furthermore, texting and driving is just one of many potential distractions that a commercial or professional driver might engage in. A driver might also be distracted by entering information into his navigation system; by eating his lunch or dinner; by engaging in grooming activities or by doing any other activity that involves paying attention to something other than driving.

To determine how widespread distracted driving is and how big a problem it is among commercial drivers, Aegis Mobility is conducting a third-annual Workplace Distracted Driving Survey. Aegis Mobility is encouraging commercial fleet operators to complete their survey in order to get more information.

According to FleetOwner.com, the goal of the survey is to analyze the attitudes of corporations toward employees' use of mobile devices when they are driving professionally. The survey is being sent out not just to commercial fleet operators, but also to risk managers and safety professionals who may be best equipped to know the policies of the trucking company and how those policies address the issue of distracted driving.

The survey results, which will be released a month after the survey has been completed, will shed some important light on how big of a problem distracted driving is within the trucking industry.

Trucking companies should have strict rules in place against distracted driving. Companies may wish to have policies that go beyond simply enforcing DOT rules preventing texting and should consider outlining limitations regarding safety procedures and the importance of driver focus.

A trucking company could be held responsible if a driver was doing something dangerous behind the wheel, whether that was texting or watching a DVD from a portable player on his passenger seat. In any case, an employer who doesn't have a clear policy forbidding various types of distracted driving could potentially be considered negligent not just for their employee's bad choices but also for their own failure to be proactive in setting safety policies that protect the public.

Continue reading "Distracted Truckers a Cause of Alabama Tractor-Trailer Accidents" »

A Mississippi man recently stopped in Mobile is the perfect example for just about everything you should never do behind the wheel.

Our Tuscaloosa car accident lawyers are amazed that this individual didn't cause a crash sooner.

The 19-year-old driver and his 22-year-old passenger were passing through the George Wallace Tunnel when they were stopped.

Officers say not only was he text messaging, he was doing so on two different phone simultaneously. Obviously, with no hands free, he was forced to steer the vehicle using his knees, something he said he's been doing since he learned how to drive - three years ago. He called this "double texting."

As if that weren't enough, authorities found copious amounts of prescription pain and anti-anxiety medications throughout the vehicle, as well as an ounce of marijuana, which was tucked into his underwear.

And there was a 3-year-old child in the back seat.

Alabama State Troopers were called to the scene. Investigators learned that the prescription for the oxycodone, filled just a week earlier for 720 pills, was already half-consumed. Unsurprisingly, there was also $5,000 in cash in the glove compartment.

Charges of illegal possession of a prescription drug, illegal possession of a controlled substance and first-degree possession of marijuana soon followed for the driver and his passenger.

No mention was made regarding whether the driver was also cited for texting while driving, though there is no question that he certainly could have been. Last year, Alabama state legislators enacted a law barring texting while driving, though the fines are pittance compared to the damage these distracted drivers can cause. Fines are $25 for a one-time offense, $50 for the second and $75 for the third. It also results in two points added to your license, as well as a possible increase in auto insurance premiums.

Entering a phone number and talking is still legal, as is using a GPS device, though programming it will driving is not.

We also would have liked to see the individual face additional charges for either reckless driving or child endangerment -- the latter charge is often filed when a person is drunk or engaging in some other dangerous activity behind the wheel with a child in the vehicle.

Perhaps the only good news about this whole situation, in addition to the incredible fact that no one was seriously hurt, is that maybe it will help bring awareness. April is Distracted Driving Awareness Month. The National Highway Transportation Safety Administration reports that at any given moment during the day, 2 out of 5 youthful drivers were observed to have been using a hand-held electronic device behind the wheel. That is more than double what it was just three years ago.

There is ample evidence that any kind of distraction can be dangerous, but texting involves all three major types of distraction. That is, visual (taking your eyes off the road), manual (removing your hand from the wheel) and cognitive (taking your mind off the task before you).

That this individual was effectively doubling that risk is deplorable. We sincerely hope that whatever criminal sanctions he incurs will be enough to cause him to think twice before engaging in such action in the future.

Continue reading "Double-Texting Driver in Alabama Highlights Crazy Risks" »

On March 25, 2013, the News Courier reported speeding is the number one factor in traffic crashes in the state of Alabama.

The News Courier also explained that high traffic volumes played a role in causing crashes. But when speed and traffic congestion combine, the results can be disastrous.

Our Birmingham accident attorneys urge every driver to respect the risks associated with speeding. Hopefully, when drivers are reminded of the serious likelihood of a car wreck caused by speeding, it will encourage more drivers to slow down to stay safe and ultimately reduce the chances of hurting themselves and others in a speeding-related traffic collision.

Speeding is a Top Accident Cause
According to the News Courier:

• There were 590 fatalities due to auto accidents in Jefferson and Shelby counties between 2007 and 2011, with more crashes occurring in the later years than in the earlier years.
• There were 12 crashes and 13 deaths on Interstate 20/59 at Arkadelphia Road. This is a high traffic area with as many as 141,000 vehicles traveling along I-20/59 each day and as many as 40,000 vehicles driving on Arkadelphia Road.
• There were seven crashes and 10 deaths at the interchange of Interstates 65 and 459. Over 100,000 vehicles travel along these areas every single day.
• There were seven crashes and seven deaths on Interstate 20/59 in the area between Roebark Parkway and First Avenue North. Near Roebuck Parkway, around 55,000 vehicles visit per day, while the number of vehicles near to First Avenue is closer to 70,000 a day.
• US 78; Interstate 65-Interstate 20/59; and Interstate 20/59 at Tallapoosa Street were also areas where there were a high number of accidents and a high number of fatalities.

These areas are described as places where there is a higher incidence of traffic accidents that cause death. In many of these areas, speeding is especially dangerous because of the high concentration of cars.

Unfortunately, the data on fatalities is only the tip of the iceberg in terms of evaluating the dangers of speeding accidents in these and other high-traffic areas. There were also many non-fatal crashes that caused injury at these locations.

In many of these collisions, drivers were going faster than they should have been. According to an Alabama state trooper who spoke with the News Courier, speeding significantly increases the chances of a fatal accident In fact, for every 10 miles faster a car goes, the chances of a car accident fatality double. This means that a car going 70 miles per hour has a much greater chance of becoming involved in a fatal wreck than a car going 30 or 40 miles per hour- especially in the high traffic areas mentioned above and in other traffic-dense locations.

Speeding is so dangerous because a faster car has more momentum; it will take longer to stop and will collide with more force. When these cars, which are going too fast and cannot stop effectively, come into higher-traffic areas, the driver is much more likely to crash and to hurt himself and others. By driving the speed limit, on the other hand, drivers could be safer, accidents could be averted and lives could be saved.

We all have somewhere we need to go; give other drivers around you a break and do your part to arrive at your destination safely.

Continue reading "Speeding is the Top Cause of Alabama Accidents " »

A falling airport sign killed a 10-year-old boy and seriously injured his mother, Reuters reported.

The Kansas woman and several of her children were pinned beneath a flight display sign in a newly renovated area of Birmingham-Shuttlesworth International Airport. Media reports indicate the sign weighed as much as 400 pounds. Authorities say an 8-year-old boy received inpatient treatment at Children's of Alabama. His 5-year-old brother was treated and released. Unfortunately, the 10-year-old did not survive his injuries. AL.com reported the mother's injuries include two broken ankles and a broken pelvis. The family had been in Birmingham enroute back home after Spring Break in Florida.

Our Birmingham wrongful death attorneys know this tragedy will be thoroughly investigated; but who does the investigating may ultimately help determine whether those responsibility are held accountable. Airport officials would not speculate on the cause. However, the investigation should include the contractors and subcontractors who recently remodeled that area of the airport. The incident occurred in a pre-security area of the modernized terminal -- Concourses A and B. The area re-opened March 13.

Birmingham Mayor William Bell is also calling for a thorough review of the incident.

We've written before about sovereign immunity and the complexities involved with bringing tort claims against a government entity. The Alabama constitution prevents the state from being named a defendant. Updates to the law in 1975 also prohibit punitive damages against the state. However, such protection is not absolute, and pursuing a third-party liability lawsuit against contractors and subcontractors may provide another means of recovery.

Another risk for victims is the lack of an independent investigation when dealing with an accident on government property or involving a government or municipal entity. Such challenges are commonly seen in traffic accidents involving police officers or safety vehicles. When government is both investigator and defendant, the outcome of such investigations is not always entirely objective.

CBS 42 reports the Birmingham-Shuttlesworth Airport Authority held an emergency meeting following the fatal incident. The meeting was held in executive session and so was not open to the public. And, while the board said it was making every effort to ensure the safety of other visitors, it offered no specifics regarding additional safety measures to be put in place.

Media reports indicate a second sign board, similar to the one that fell on the victims, has been removed. Construction began in June 2011. The project's second phase, the renovation of Concourse C, is slated to begin soon, with completion sometime next year.

Alabama Premises Liability Injuries

A more common occurrence is injury on business property, where recovery is also more straightforward. Alabama businesses have a duty to provide safe passage to customers and guests. When a visitor is injured, he or she may file a personal injury claim against the business' liability insurer in order to obtain compensation for damages.

Other common types of property injury cases, include:

-Dog Bites

-Fall Accidents

-Struck by Object

-Evacuation Injuries

-Elevator/Escalator Accident

-Stairwell Injuries

-Parking Lot Accidents

Continue reading "Birmingham Airport Accident and Alabama Premises Liability" »

Our Tuscaloosa car accident attorneys urge Alabama residents to participate in Distracted Driving Awareness Month this April.

Sometimes is seems we're always talking about distracted-driving risks, and yet we haven't directly addressed it yet this year on our Alabama Injury Attorneys Blog. And that's how it is with distracted driving: An obvious risk factor that we too often ignore.

The National Safety Council provides a wide range of resources for parents and employers. Teens and those who drive on the job face some of the highest distracted-driving risks.

Education, tougher laws and high-visibility enforcement are the trio of efforts upon which safety advocates pin their hopes. The NSC compares the issue of distracted driving to seat belt use. In 1981, after 15 years of effort, only 14 percent of Americans wore their seat belt. Over the last two decades, better laws and high-visibility enforcement have combined with a host of educational efforts to push the usage rate to 84 percent.

Pilot enforcement efforts in Syracuse and Hartford have shown promise --- in Hartford, handheld cell phone use decreased by 57 percent while texting dropped by 72 percent. The National Highway Traffic Safety Administration is planning to roll out enforcement efforts nationwide.

Still, motorists are contending with a patchwork of laws. The Governor's Highway Safety Association reports 10 state ban all handheld cell phone use by drivers. Thirty-nine states ban texting by drivers. A number of others ban cell phone use or text messaging by young drivers. Some states, including Florida, have done nothing to regulate the risks.

In Alabama, all drivers are prohibited from text messaging. However, only drivers under the age of 18 are prohibited from using a hand-held cell phone while behind the wheel.

And far too many of us continue to believe we are safer using hands-free devices. However, some research suggests out multitasking brain is not up to the task of holding a phone conversation while devoting attention to the necessary task of driving -- regardless of whether the driver is using a hand-held or hands-free device.

"Cell phone use while driving has become a serious public health threat," said Janet Froetscher, NSC president and CEO. "Understanding the distraction of the brain will help people make the right decision and put down their cell phones while driving."

In fact, authorities are still trying to determine the extent of the problem. The U.S. Department of Transportation reports more than 3,000 drivers were killed in distracted driving in 2010. However, many safety advocates believe underreporting makes the likely number of deaths much higher.

As we head into the spring driving season, families are encouraged to talk about the risks of distracted driving with friends and family members. Teens are at especially high risk as prom and graduation quickly approach. Better weather will bring out the motorcycles, bicyclists and pedestrians.

We urge you to Take the Pledge to Drive Cell Free.

As the weather gets warmer, many kids are going to be taking to the streets to play on their bicycles. Bicycles provide a great method of transportation for young kids who want to go to their friends' houses nearby but who are too young to drive a car to get there. Bike riding in the neighborhood or in the driveway can also be a lot of fun for kids of all ages.

Unfortunately, our Birmingham bicycle accident lawyers know that hundreds of people die each year as a result of bicycle accidents and that many more are injured. A large number of those who get hurt on bicycles are children who may be in grave danger due to a lack of skills on the bicycle or a lack of understanding of the risks of the road.

The Dangers of Bicycle Accidents for Kids
Any time a child or an adult rides a bicycle, there are some potential risks. There is a risk of becoming involved in a car accident while riding the bike, and there is also a danger of falling off of the bike and getting hurt.

The dangers are not insignificant and deaths and injuries due to bicycle accidents are not rare. In fact, according to BicyclingInfo.org, there were 618 people killed in crashes between bikes and motor vehicles in 2010. During that same year, there were also another 61,000 people injured in bike accidents. The total cost of all these injuries adds up to more than $4 billion each year, and that is just the economic loss.

Unfortunately, in many cases, it is younger children who are at the greatest risk of getting hurt in a bicycle accident. BicyclingInfo.org indicates that 20 percent of those who suffer injury in bicycle accidents were under the age of 16. This means thousands of children each year suffer varying degrees of injury ranging from mild to severe and permanent.

Keeping Your Kids Safe from Bicycle Accidents
Over the winter, kids typically don't spend a lot of time outside riding their bikes. As the weather gets warmer in Birmingham, however, kids will head outside. This means now is a perfect time to talk to your kids about bike safety. By having the conversation early in the spring, you can get your son or daughter off on the right path toward making smart choices.

To help your child stay safe from bicycle accidents this spring and summer, consider these tips from Children's of Alabama:

• Make sure your child is wearing a helmet every time he or she rides.
• Make sure your child is wearing bright clothing when riding a bicycle so he or she can be seen easily by cars.
• Don't allow your child to ride a bicycle at night time when it is more dangerous to ride. If riding at night is necessary, bright lights and reflectors should be used.
• Remind your kids to remain alert and on the lookout for obstacles at all times.
• Teach your kids the rules of the road, including how to signal.
• Never let your kids wear headphones when riding a bike
• Keep your child's bicycle in good condition. Check the brakes and the wheels regularly.

You should also make age-appropriate rules for how far your child can go on his or her bicycle, and regarding whether or not your child is permitted to ride a bike without being supervised at the time.

Continue reading "Spring Increases Risk of Alabama Bicycle Accidents" »