Alabama Injury Attorneys Blog

When you are involved in a car accident in Tuscaloosa, you may be confused over your rights.

Our personal injury attorneys understand your confusion and we are here to help you get the benefits necessary to pay for lost wages, medical bills, pain and suffering and other expenses.

Swartzbaugh v. Encompass Insurance Company of America is a recent Maryland case that shows the confusion that is often times created by language in automobile insurance policies.

Mrs. Swartzbaugh purchased auto insurance from the defendant, Encompass Insurance Company of America, through a local independent insurance broker. The automobile insurance policy named Mrs. Swartzbaugh, her husband Mr. Swartzbaugh and their daughter Kelly as drivers. Mrs. Swartzbaugh purchased the minimum mandatory under-insured motorist (UM) but waived the higher UM coverage option. This waiver was done on a standard form and signed by Mrs. Swartzbaugh. As in many states, a waiver of further insurance coverage remains in effect until the clients withdraw the waiver and purchase additional insurance coverage.

In 2008, Kelly was a passenger in a vehicle that was involved in a car accident with an under-insured driver. The insurance company of the under-insured, tendered the policy limits of the under-insured's policy. Kelly petitioned her own insurance company for the higher amount of UM coverage waived by Mrs. Swartzbaugh; however, defendants refused to pay the higher amount of UM benefits to Kelly because of the waiver executed by Mrs. Swartzbaugh. Kelly contended that the waiver signed by Mrs. Swartzbaugh was not valid, and as a result, she contended that she should be entitled to the higher amount of UM benefits.

In many states, a minimum car insurance policy is mandatory. This coverage provides for liability coverage, personal injury coverage, and coverage for property damage. Additionally, most states require that drivers purchase or be given the option to purchase no-fault insurance which is referred to as personal injury protection or PIP coverage. Lastly, states usually require that insured drivers purchase or be given the option to purchase coverage to protect them where they are involved in a car accident with an uninsured driver.

In order to encourage drivers to purchase minimum liability insurance coverage, many states have allowed drivers to waive all or portions of PIP and/or UM coverage. By waiving PIP and/or UM insurance coverage, a driver is limiting the amount that he or she will be compensated if involved in a car accident. A waiver of PIP and/or UM insurance is usually executed on a standard legal form. This form is customarily signed by the "first named insured." This is the form which Mrs. Swartzbaugh signed to limit the amount of UM coverage available. Kelly argued that her father, Mr. Swartzbaugh, was the first named insured because he was listed first on the policy. Therefore, Kelly argued that the waiver signed by her mother, Mrs. Swartzbaugh, was not vailid.

The court, however, held that the "first named insured" is classified as the person who acts on behalf of the other parties insured under the policy. Because Mrs. Swartzbaugh purchased the policy and signed the document, she was considered the "first named insured." Because of this, the waiver was valid and Kelly was not allowed to receive the higher amount of UM benefits.

Roughly 80 percent of the time, motorcyclists are faced with serious risks of injury and even death in the event of an auto accident. The occupants of motor vehicles suffer from severe injury or death only 20 percent of the time. Because of the risks that motorcyclists face on our roadways, the entire month of May is dedicated as Motorcycle Awareness Safety Month, according to the National Highway Traffic Safety Administration (NHTSA). Safe driving advocates are calling on the help of motorists to remember riders as the spring and summer riding season begins.

Our Tuscaloosa motorcycle accident lawyers understand that motorcyclists are oftentimes overlooked by the drivers of passenger vehicles. The Alabama Motorcycle Safety Program was designed to help our two-wheeled friends to defend themselves on our roadways. This program offers some serious motorcycle riding courses for riders in an attempt to teach them how to navigate our roadways as safely as possible.

In 2009, there were nearly 100 motorcyclist fatalities in the state of Alabama. Most of these motorcycle accidents occurred in Tuscaloosa, Jefferson, Mobil and Baldwin counties.

Motorcycle Accident Statistics:

-There were nearly 110,000 accidents in which a motorcycle was involved in 2009.

-In 2009, motorcyclists accounted for nearly 15 percent of all traffic accident-related fatalities although they account for such a small number of registered vehicles.

-Nationwide, there were nearly 4,500 people who died in motorcycle accidents in 2009.

-Motorcyclists are nearly 40 percent more likely than the occupant of a passenger vehicle to die in an accident.

The month of May serves as the most deadly time on our roadways for motorcycle accidents. As the weather warms up, motorcyclists hit the open road. For this reason, the Motorcycle Safety Awareness Month aims to help bring motorcycle safety to the forefront before it's too late. Be careful out there and keep an eye out for motorcyclists.

Safety Tips for Motorists to Help Keep Motorcyclists Safe:

-Look twice before making a move in traffic.

-Never tailgate a motorcycle.

-Never share a lane with a motorcycle.

-Remember that motorcyclists follow the same rules and regulations as every other driver.

-Remember that motorcycles' turn signals aren't self-canceling.

-Never tailgate motorcyclists.

-Remember that they swerve in their lanes to avoid road debris and other hazards. They're not just driving recklessly.

By putting more emphasis on safe driving habits, drivers of all kinds can help to reduce the risks of accidents not only for motorcyclists by for all types of drivers. Use the month of May to not only focus on the safety of motorcyclists, but to focus on the safety of everyone on our roadways.

Continue reading "Motorcycling Accidents in Tuscaloosa and Elsewhere Targeted by Safety Awareness Month" »

Officials are already doing their part in pushing for prom and graduation safety -- all we need now is the participation of area high school students. According to ABC 33/40, Central Alabama's largest emergency ambulance service provider is working alongside other public safety agencies and Tuscaloosa County High School's Pride Chapter to kickoff this year's "Prom Promise."

The goal of Prom Promise is to reduce drinking and driving. It's an all too common scenario, alcohol-related car accidents in Tuscaloosa and elsewhere throughout the state during prom and graduation season. Many of these types of accidents wind up with fatal results. Don't let your teen become a victim. Ask them to make the Prom Promise and vow to be safe and sober behind the wheel during this year's prom.

"If we can stop at least one person from doing this on prom night, then all our efforts are worth it!" said Debbie Blake, the Operations Manager for NEMS Tuscaloosa.

Our Tuscaloosa car accident attorneys ask all prom goers to practice responsible party habits and to avoid consuming alcoholic beverages. These high school students may not be old enough to drink alcohol legally, but that doesn't mean that they can't and that they won't. Students are asked to step up if they see someone who has been drinking attempt to get behind the wheel. Results can be catastrophic if not. With safety as a top priority, we can help to keep our roadways safe and our teen's injury free during this time of the year.

Every year, roughly 3,000 teenagers die in car accidents across the nation. It's estimated that about a third of all car accidents involve an alcohol-impaired driver. During this time of the year, we see a significant increase in these kinds of accident, too. Students are gearing up for prom, heading to graduation and then they're out for summer break. With these opportunities to be on our roadways, risks for accidents rise as well.

"We recommend that parents talk with their teen drivers and together establish rules," said Barbara Harsha, GHSA executive director.

Car accidents continue to be the number one killer of teenagers across the nation. According to the Governors Highway Safety Association, there was an increase in the number of these kinds of fatal accidents during the second half of 2011. Officials believe that this increase is a sneak peek into the trends for the following year. With increased risks predicted, we're asking parents to step in, lay down some rules and keep a watchful eye on our young drivers to help to minimize their risks for an accident.

Parents are urged to get in on the campaign and talk with the teen driver in their lives to help to further reduce the risks for potentially fatal car accidents in Tuscaloosa and elsewhere throughout the state. Make sure you know where they'll be going, who they'll be going with and when they'll be home. Make sure you lay out ground rules, including passenger limits, texting and phone call limitations, a curfew, etc. before the big night.

Continue reading "Prom & Graduation Season: Car Accidents in Tuscaloosa and Elsewhere " »

This is the month! It's the month to put an end to talking on your cell phone and text messaging behind the wheel.

Why this month? Because it's National Distracted Driving Awareness Month 2012! It's as good of a month as ever. Every year, throughout the entire month of April, the National Safety Council, our Alabama personal injury attorneys and safe driving advocates across the country work together to help to spread the word about the dangers associated with distracted driving and to encourage more drivers to hang up the phone, put distraction aside, and focus on the road.

The truth of the matter is that distraction-related car accidents took the lives of more than 3,000 people in 2010. That's 3,000 people who didn't have to die. They were killed by the irresponsibility of drivers.

Our Tuscaloosa injury lawyers understand that about 25 percent of all motor vehicle accidents involve a driver who is distracted by the use of a cell phone. That's no surprise when you consider that using either a hand-held or a hands-free cell phone makes a driver four times more likely to get into an accident. Texting increases a driver's risk for an accident by nearly 25 times. It's so bad that using a cell phone at the wheel gives a driver the same reaction time as a driver who is legally drunk. Using a cell phone while driving reduces the amount of brain activity that is associated with driving by about 40 percent.

There are simple ways to reduce the risks of distraction-related car accidents:

-Make it a personal goal to keep your eyes on the road, your hands on the wheel and your mind on driving.

-Look into technology that stops phone calls while driving, like how to hold your calls when you're behind the wheel and deliver the messages once you've stopped.

-Put your cell phone and text messaging device out of sight and out of mind while driving.

-Speak up if you're riding with a driver who is engaging in dangerous distractions.

-Change your voicemail message to alert callers that you may not be answering because you're behind the wheel.

-If you're talking to someone who is driving, tell them to call you back once they've stopped.

Drivers are also asked to take the pledge to drive cell phone free. It's all a part of National Distracted Driving Awareness month and the attempt to make our roadways safer for everyone. The pledge consists of the following:

-Stop using electronic devices while driving.

-Tell callers that you're driving and that you'll be happy to continue the conversation once you've stopped the car.

-Talk with friends and family members about the dangers that are associated with engaging in distractions while driving.

"Cell phones are a significant danger to those in our roadway community," said Jacy Good, a board member of the anti-distraction group FocusDriven. "Speak up when someone calls you while driving or uses a phone while driving with you in the car. Tell them it's not safe and ask that they put the phone down. Do it for my parents."

Continue reading "Alabama Personal Injury: Car Accidents Target of Distracted Driving Month" »

In an effort to curb Birmingham car accidents and crashes across the state, a new anti-texting bill is getting widespread support in Alabama's House of Representatives.

The Birmingham News is reporting that a number of high-level lawmakers are backing the bill, which would completely outlaw texting behind the wheel in our state.

The way our Birmingham car accident attorneys understand it, anyone who violates this law would be slapped with a $25 fine for the first offense, $50 for the second conviction and $75 for the third or subsequent offense.

Some wonder if the bill even goes far enough, considering the devastation that distracted driving can cause on Alabama's roads.

Lawmakers in the House are expected to pass the bill, called House Bill 2. From there, the bill would wind its way to the Senate floor for review.

Alabama is actually somewhat behind on curve on this one. As of right now, there are 35 of the 50 states that have already passed a similar piece of legislation.

According to the Governors Highway Safety Association, many states have been cracking down on the use of cell phones and texting over the last couple years. This coincides with the number of "smart phones" that have become so commonplace. At one time, a cell phone was just that - a phone. Now, cell phones have become essentially computers. People are able to check their e-mails, receive messages, post Tweets, scroll their Facebook accounts and more - all from their phones. Technology can be a wonderful thing, but behind the wheel, it has proven deadly.

The Governor's Highway Safety Association reports that in nine states, as well as in Washington D.C. and the Virgin Islands, no driver is allowed to use a handheld cell phone while driving. In all but one of those states, to do so is considered a primary offense, which means a police officer can give you a ticket solely for breaking that law. In Maryland, it's considered a secondary offense, which means officers would have to have another reason to pull you over.

In these states, it is still legal to use hands-free or Blue Tooth devices, as long as your hands can remain on the steering wheel.

Still, there are some states that ban cell phones for certain categories of drivers, mainly newly-licensed drivers and those who operate school buses.

This is the case with Alabama, where novice drivers 17 and younger are banned from using their cell phones at all - including to text. Teens may view this as somewhat unfair, but statistics have proven that teen drivers, with their inexperience, are more prone to distraction, and when that happens, accidents are more likely to occur.

As we mentioned earlier, in terms of anti-texting laws, such as the one Alabama lawmakers are currently mulling, there are 35 states, as well as D.C. and Guam, that have some law on the books pertaining to this issue. In 32 of those states, it's considered a primary offense.

On the Birmingham News' website, a number of posters voiced their opinions concerning the proposed law, with many speaking out in favor of the measure. It seemed everyone had a story about a near-miss with a distracted driver.

"Yesterday alone I saw two close calls due to people being distracted," said one user. "One was a cell phone, a young girl rolled through a stop sign while looking down at a phone." The writer went on to say that a young man barreled over a curb while looking down into his lap, rather than on the road.

A new bill is expected to be offered in Washington that will potentially rework federal transportation programs to offer millions of dollars in funding to deserving states for incentives to help to reduce the risks of drunk driving car accidents in Alabama and elsewhere. The goal is to help lawmakers enact tougher penalties for those convicted of a first-time drunk driving offense, according to The Hill. Not everyone's on board though, saying that these kinds of programs require millions and millions of dollars to be successful. It's takes community effort and seemingly endless funds for these types of programs.

What we're talking about is Title V. This bill could potentially free up about $500 million every year for highway safety grants in deserving states. About 5 percent, or about $25 million, of that funding would be handed over to states that already require ignition interlock devices for first-time drunk driving offenders.

Drunk drivers scare us, too! Our Alabama drunk driving accident attorneys understand that every year, drunk drivers take the lives of thousands of innocent motorists across the U.S. What's most sad about it is that these accidents are preventable. These victims didn't have to die.

How an ignition interlock device works it that it requires a driver to take part in a breath test so that the device can measure their blood alcohol content (BAC). In the state of Alabama, the legal BAC level is 0.08. The vehicle will not start if the device tests a certain BAC level. Currently, there are 15 states with ignition interlock laws affecting first-time offenders who tested with a 0.15 BAC or higher. These states would be eligible for the federal funds as well.

The American Beverage Institute (ABI) has voiced strong opinions against the bill. The Institute recently argued that the bill's incentives would not be able to cover the costs of implementing a new set of rules to require the installation of ignition interlock devices in the cars of all first-time DUI offenders.

Some say the federal money that's given to states to adopt this kind of drunk driving law won't cover the millions it would cost to push this type of enforcement and monitoring enforcement statewide. These kinds of law take a lot to enforce. It's not so much throwing officers on the roadways to monitor drunk drivers, but it's raising awareness about the new procedures, costs associated with installing the monitors and costs to keep tabs on these driver.

ABI says the devices should really only be used in the cases of repeat offenders and first-time drunk driving offenders with high BAC levels. Officials suggest that first-time offenders who reported a BAC of 0.15 or higher will be subjected to these ignition interlock devices.

Under the bill and the reworking of the current law, states would be able to revoke an offender's driver's license for a year or a driver would have to use an ignition interlock with a restricted license.

House Transportation and Infrastructure Committee Chairman John Mica (R-Fla.) is expected to introduce the bill.

Continue reading "Bill Aims to Reduce Risk of Drunk Driving Car Accidents in Alabama" »

Teens are at high risks for car accidents in Montgomery, Alabama and elsewhere. Their inexperience behind the wheel hinders their ability to safely navigate our roadways. But did you know there are things you and your teen driver may be doing that can be increasing those risks?

According to two new studies released in the Journal of Adolescent Health, passengers and parental involvement can make or break your teen's safety behind the wheel.

Both of the recent studies concluded that comprehensive graduated driver's licensing (GDL) programs and parental oversight are effective ways to help to reduce the risks of teen car accidents.

One of the studies looked at the driving habits of nearly 200 teenage drivers in 15 different states with graduated drivers licensing (GDL) programs. After analyzing their driving behaviors, researchers concluded that teens who had parents who were involved in monitoring the young driver's habits were less likely to act dangerously behind the wheel. The teen drivers with parents who stayed aware of their teen's whereabouts and their driving habits were typically safer behind the wheel.

One of the most important factors in a teen's safety is the number of passengers in the vehicle with them. Even with some of the strictest parental oversight, a teen's perception of dangers and risks on the road diminish significantly when other teen passengers are present.

The second of the two studies examined the accident reports of nearly 700 teen drivers, ages 16 to 18, who were involved in a traffic accidents. According to on-scene accident investigations, both female and male teen drivers were more susceptible to accidents when passengers were in the vehicle.

When passengers are present, male teen drivers were more likely to act aggressively behind the wheel and to pull an illegal maneuver just seconds before the accident. When passengers were present, female teen drivers were more likely to engage in activities with the passengers, such as talking, texting and making calls just seconds before the accident occurred. Both male and female drivers drove more safely when they were not with other teen passengers.

"Distraction from peer passengers appears to play a prominent role for both male and female drivers," said the lead author of the studies, Allison E. Curry, Ph.D., MPH.

In the state of Alabama, teen drivers can have no more than one passenger at a time with them while operating a motor vehicle under an intermediate or restricted license stage, according to the Insurance Institute for Highway Safety (IIHS). With a comprehensive GDL program in place in Alabama, nighttime driving restrictions, supervision requirements and passenger restrictions, it's a start. But parents need to stay on top of their teen driver to make sure these rules are enforced and that they're in-the-know with their teen's driving habits. GDL programs coupled with parental oversight can help to keep our teens safe on our Alabama roadways.

Continue reading "Parents and Passengers Affecting Teen's Risks for Car Accidents in Alabama, Nation" »

The Super Bowl is this Sunday! Kickoff is at 6:30 p.m. between the New York Giants and the New England Patriots. While neither of the teams are from Alabama, people throughout the state are sure to pile in front of the TV to enjoy the biggest football game of the year with friends and family members. Some of us will be gathering at house parties. Others will be getting together at local restaurants and bars for Super Bowl parties. What none of us should be doing is getting behind the wheel after consuming alcohol.

Super Bowl Sunday sees more drunk driving car accidents in Tuscaloosa and elsewhere than any other day of the year aside from New Year's Day. This year's drunk driving prevention campaign is called "Fans Don't Let Fans Drive Drunk," and it's being put on by the U.S Department of Transportation (USDOT), law enforcement officials nationwide and the Techniques for Effective Alcohol Management (TEAM) Coalition. According to the National Highway Traffic Safety Administration (NHTSA), a subsidiary of the USDOT, there have been roughly 180,000 football fans have already signed up to be a designated driver this season. These drivers are the key to safer roadways, especially on Super Bowl Sunday.

Our Tuscaloosa drunk driving accident attorneys understand that February 5th is going to hold some serious celebrations for football fans nationwide. Most of these celebrations will offer alcohol and many fans will be indulging. What we need to avoid is allowing these fans from getting behind the wheel. That's where a designated driver comes in. Before the celebrations begin, fans should designate a sober driver. There are expected to be nearly 150 million people watching the big game from a television set this Sunday. There should be plenty of sober drivers available. It's your responsibility to team up with one.

Nationwide, DUI enforcement efforts and sobriety checkpoints will be plenty. Officers are on the hunt for drunk drivers and have already predicted an increase of arrests on Sunday. Historically, more than half of all fatal car accidents that occur on Super Bowl Sunday are alcohol-related. In fact, experts predict about 325 million gallons of booze will be consumed on that one day. That's enough beer to fill nearly 500 Olympic-sized swimming pools.

"Drafting a designated driver this weekend will be the correct play call for a sure win," reports the NHTSA.

A designated driver is a player on your team and is helping to get you home safely. You're urged to take care of your designated driver. They are helping to save your life. Offer to pay them for some of the gas or for the parking. Make sure they're comfortable and enjoying themselves. Offer to pick up the tab. Non-alcoholic drinks and Super Bowl finger foods aren't going to bust the bank. Make sure their non-alcohol beverage is always filled up. Your designated driver is a true friend, looking out for your safety and the safety of others on roadways statewide.

If you don't have a designated driver, there are alternatives. Stay at a hotel or a friend's home, get a taxi cab, or use public transportation. Whatever you do, don't get behind the wheel. It's a sure way to wind up in handcuffs or the hospital.

Enjoy Super Bowl Sunday and keep safety as your power play!

Continue reading "Super Bowl Sunday Second Deadliest for Drunk Driving Accidents in Tuscaloosa, Nation" »

All states should ban the use of cell phones and other portable electronic devices, recommends the National Transportation Safety Board (NTSB). During a meeting this month, NTSB officials suggested that all electronic devices should be illegal for all drivers. The meeting was held to discuss the 2010 distracted-driving accident that happened in Gray Summit, Missouri, in which two people were killed and dozens more were injured. Investigators concluded that the driver who allegedly caused this accident was making phone calls and text messaging just seconds before the accident, according to the Montgomery Advertiser.

The NTSB doesn't have the authority to enact such laws, but its recommendations carry significant weight with congressional and state lawmakers and with federal officials. In the state of Alabama, only novice drivers are prohibited from talking on a cell phone. According to the Governors Highway Safety Association, only novice drivers are prohibited from texting behind the wheel, too. All other drivers are free to engage in whichever electronic distractions they choose. These laws are to help reduce the risks of distraction-related car accidents in Tuscaloosa and elsewhere for novice drivers but do nothing to protect older drivers and other individuals sharing our roadways.

Our Alabama car accident attorneys understand that not all states have matching texting and cell phone bans. In 35 states, drivers are prohibited from texting at the wheel. Even less states ban drivers from using a cell phone at the wheel. As laws currently stand, enforcement is difficult because officers have a tough time determining if a driver was making a phone call or typing a text message. A nationwide ban on electronic devices would make enforcement of such laws much easier as there would be no confusion as to whether or not a driver was calling or texting.

The NTSB has concluded that electronic devices would be allowed under the recommendation if they were being used to aid safe driving habits, like GPS devices, etc. The NTSB also reiterated the importance of enforcing such bans.

Regarding the Gray Summit accident, the state of Missouri had a law that prohibited drivers under the age of 21 to text while driving, but officers weren't actively enforcing it. The driver involved in that accident was underage. NTSB officials urge state officials to enact laws prohibiting the use of portable electronic devices for all drivers and couple the new laws with high-visibility enforcement efforts.

"Without the enforcement, the laws don't mean a whole lot," said NTSB board member Robert Sumwalt.

Distraction-related traffic accidents took the lives of more than 3,000 people in 2010. The National Safety Council (NSC) believes that distracted drivers caused nearly 1.5 million car crashes, or about 25 percent of all accidents, during the year. The NSC applauds the NTSB's efforts to make our roadways safer, and strongly backs the total-ban proposal.

"Making citizens safer is one of the most important roles of government," said Janet Froetscher from the NSC. "We are hopeful that legislators across the nation will recognize the value of NTSB investigations and recommendations and take the necessary actions proposed by NTSB to make our roadways safer."

Continue reading "Nationwide Ban on Portable Electronic Devices Proposed to Reduce Risks of Car Accidents in Tuscaloosa and Elsewhere" »

In Alabama, there were nearly 850 fatalities resulting from alcohol-related car accidents in Tuscaloosa and elsewhere in 2009. Nearly 300 fatalities were the result of drunk-driving accidents that year, according to Alcohol Alert! The number of roadway fatalities resulting from drunk-driving accidents is typically more prominent in December when residents and visitors set out on road trips to visit friends and family members for the holidays. An increase in traffic will increase your risks for an accident, but the increase in drunk drivers we see during this time period increases your risks even more. For this reason, the U.S. Department of Transportation (USDOT) has launched this year's 'Drive Sober or Get Pulled Over' campaign to crack down on drunk driving, according to the National Highway Traffic Safety Administration (NHTSA).

"Safety is our focus year round at DOT. But this holiday season, we're stepping up our efforts to get drunk drivers off our roads and reminding Americans 'drive sober, or get pulled over,' " said USDOT Secretary LaHood. "We're making gains in our fight against drunk driving, but we cannot and will not let up."

Our Tuscaloosa drunk driving car accident attorneys understand that 2010 statistics illustrate a decrease in the total number of fatalities result from drunk-driving accidents. Still, there's a sizable number of fatalities in December alone. These types of accidents are the cause of one out of every three fatalities on U.S. roadways each year. In 2010, there were nearly 10,500 people killed in the U.S. because of alcohol-related accidents. Nearly 430 of these fatalities occurred during the last part of December.

The holiday enforcement effort is taking place beginning this week through Jan. 2. Local, state and federal officers are on the hunt for alcohol-impaired drivers on roadways across the country to help reduce your risks for an accident.

The National Safety Council has also released its predictions of the number of fatalities that will occur during this year's holiday season.

The Christmas Day holiday period is the time period from the 6 p.m. on the 23rd of December to 11:59 p.m. on the 26th of December. The estimated number of deaths for this time is about 278, with an estimated 28,700 injuries, according to the NSC.

NSC's previous estimates/actual fatalities over the Christmas Day holiday period:

-2006: 415 estimated. 379 actual.

-2007: 497 estimated. 454 actual.

-2008: 432 estimated. 409 actual.

-2009: 317 estimated. 248 actual.

The New Year's Day holiday period is from 6 p.m. on the 30th of December to 11:59 p.m. on the 2nd of January. The NSC estimates that there will be nearly 300 fatalities and another 30,000 injuries during this time because of traffic accidents.

NSC's previous estimates/actual fatalities over the New Year's Day holiday period:

-2006: 399 estimated. 432 actual.

-2007: 405 estimated. 387 actual.

-2008: 498 estimated. 407 actual.

-2009: 445 estimated. 458 actual.

Drivers are asked to be cautious, alert and sober at the wheel at all times. Our roadways are more dangerous and more deadly during this time than during any other time of the year. Please be responsible and enjoy a safe and happy holiday season.

Continue reading "Drunk-Driving Car Accidents in Alabama Expected to Increase Significantly through Holidays" »

According to the National Safety Council (NSC), more than 285 people will die over the Christmas Day holiday period. This long holiday weekend is considered by officials to be the time from the evening of December 23rd to the end of December 26th. During this time, the NSC also estimates that approximately 28,700 people will be injured in car accidents in Tuscaloosa and elsewhere.

New Year's will be just as dangerous.

Our Birmingham car accident attorneys understand that the holiday season serves as a common backdrop for fatal car accidents across the country. This year, there are roughly 92 million Americans who will be traveling farther than 50 miles from home for holiday destinations. This is a near 2 percent increase in the number of travelers from 2010. The increase in traffic increases motorists' chances for a severe car accident. Please drive safely and cautiously to ring in the New Year injury and accident free.

In 2009, there were nearly 250 people who died in car accidents during the Christmas holiday, compared to the near 410 that died in 2008. The NSC recommends that all motorists wear a seat belt when traveling over the Christmas holidays.

And the dangers on our roadways don't stop with Christmas. Motorists also face extremely high risks of being in a motor vehicle accident during the New Year's holiday period as well. According to the NSC, there will be roughly 300 traffic accident fatalities during this year's holiday period. The New Year's holiday period is considered as the time from the evening of December 30th through the late evening of January 2nd. During this time another 29,700 people are expected to seek medical attention from injuries sustained in car accidents.

In 2009, there were nearly 460 people who died in car accidents during the New Year's holiday, compared to the near 410 that died in 2008.

To help reduce the risks of fatal car accidents over the upcoming holidays, the Alabama State Troopers offer drivers a few safe driving tips:

-Drivers should avoid being on our roadways when the streets are snowy or icy.

-Perform a routine checkup on your vehicle before heading out. You're urged to check on the windshield washer fluid to make sure it's okay to use in freezing weather conditions, check the level of your antifreeze and make sure you always keep your gas tank at least half full.

-Weather conditions can change in the blink of an eye. Your driving skills should be able to change accordingly, too. Always adjust your driving habits to accommodate the current weather conditions.

-When weather conditions worsen, turn on your headlights, keep your windshield wipers on and avoid tailgating.

-Remember that ice formation on the roadway is more likely to occur on bridges and on overpasses. Be cautious of black ice in these areas.

-Always keep emergency items in your vehicle, including a cell phone, bottled water and non-perishable food items.

-If you need assistance on the road or would like to report a dangerous driver, contact state troopers at *HP (*47).

"This is an exciting time of year, and we want you to really enjoy the holidays with your loved ones, but please make highway safety a priority," said Col. Hugh B. McCall, director of the Alabama Department of Public Safety.

Continue reading "Safety Tips: New Year's Travel Increases Risk of Accidents in Alabama" »

The holidays are right around the corner and our risks for car accidents in Birmingham have skyrocketed. From 2009 to 2010, Alabama actually saw an increase in the number of fatalities resulting from traffic accidents.

The National Highway Traffic Safety Administration (NHTSA) just put out the new 2010 Motor Vehicle Crashes Overview. These are the full stats regarding traffic accidents that occurred throughout the year. They're also the most recent traffic statistics available.

The overall report says that there was a decrease in the total number of traffic accidents fatalities from 2009 to 2010 throughout the country. The report also says that we experienced the fewest fatalities on U.S. roadways since 1949. While this news may be good, there is some bad that comes with it. While the total number decreased, a few categories of fatal accidents saw a significant increase, including fatalities among large truck occupants, motorcyclists, bicyclists and pedestrians. And the overall number of fatal traffic accidents increased in 20 states as the economy continues to recover.

Our Birmingham car accident lawyers note that while the numbers were relatively low throughout the year, they started to increase as the year progressed. This leads officials to believe the risks for car accidents will rise as our economy recovers because travelers will feel more comfortable splurging on road trips. Despite the decreased number, motorists are asked to remain cautious and alert at the wheel.

The NHTSA is also using more measures to track the different types of accidents. "Distraction-affected crashes" and "alcohol-related crashes" were both recently introduced to track the most common types of traffic accidents. Drivers continue to engage in dangerous behaviors behind the wheel and endanger everyone on our roadways.

"We need to maintain our focus on this issue through education, laws, enforcement, and vehicle design to help keep drivers' attention on the road," said NHTSA Administrator David Strickland.

Key Findings of the Newly-Released Report:

-Less than 33,000 people died in traffic accidents throughout the year.

-Another 2.24 million people were injured in car accidents throughout 2010.

-The year reports the lowest recording of fatalities since 1949.

-Alcohol-related traffic accidents still accounted for about a third of all fatalities despite the increase in preventative measures among national, state and local.

-The fatality rate per 100 million vehicle miles traveled only decreased by 0.05 percent.

-The number of fatalities among van and large truck occupants increased from the year before.

-The number of fatalities among single-vehicle accidents increased by nearly 5 percent.

-Fatalities from car accidents in rural areas decreased, while the number of fatalities from car accidents in urban areas increased by nearly 5 percent.

-The number of people who were killed in daytime accidents who were wearing a seat belt increased.

-Thirty-one states in the U.S. experienced increases in the number of traffic fatalities.

-Fatalities among motorcyclists, pedestrians and bicyclists increased significantly.

-The number of fatalities increased by nearly 2 percent in Alabama.

There have been a number of safe driving campaigns and enforcement efforts to keep our roads safe. Some of these efforts have been effective, while others have not. Drivers are asked to navigate our roadways responsibly and to voluntarily make safe driving habits a top priority. With a conscious effort from everyone, we can help to reduce the fatality and injury statistics in every category.

Our state experienced just about 850 traffic-accident fatalities in 2009. We witnessed more than 860 in 2010. This proves that motorists on our roadways need to be a little more cautious at the wheel, especially during the holiday season when traffic increases.

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During the holidays, families across the country will be joining together to give thanks and spend time with family. Unfortunately, during the holidays the number of fatal car accidents in Birmingham will increase dramatically.

Family members should use this time to discuss the dangers they're likely to face on our roadways with elderly family members. Many older drivers will set out on our roadways to join together with their families across the state. The rest of us will spend more time with elderly loved ones than at any other time of the year. These drivers may not drive as frequently as you and me and may have forgotten how to handle the holiday traffic. They can also be experiencing some aging affects that can hinder their abilities behind the wheel.

The holidays are a good time to assess the driving abilities of older loved ones and to talk with them about staying safe behind the wheel.

Researchers with the Center for Advanced Public Safety (CAPS) at the University of Alabama conclude that the majority of fatal traffic accidents happen late at night or during the early morning hours.

Our Birmingham car accident attorneys understand that the fatality rates for drivers begin to drastically increase when a driver reaches the age of 65. According to a recent study from the AAA Foundation for Traffic Safety and Carnegie Mellon University in Pittsburgh, drivers age 75- to 84-years-old have the same death rate as inexperienced, teenage drivers. Once a driver hits 85-years-old, the death rate skyrockets to nearly four times higher than that for teens.

"You always hear about teenage (driver) risks being so incredibly high, but to me the amazing thing is there are two clusters you really have to focus on": teens and elderly drivers, says Paul Fischbeck of Carnegie Mellon.

How aging affects the ability to drive, according to USA TODAY:

-The Brain: With an aging driver, reaction times are reduced significantly, confusion grows, distractions have a greater impact and quick decisions become more difficult.

-Eyesight: Aging eyes cause a number of problems that can hinder a driver's vision, including glaucoma, muscular degeneration and cataracts. These conditions can hinder an elderly driver's ability to see road signs, road lights and surrounding vehicles.

-The Neck: With age, the neck stiffens, motion becomes more strenuous, looking over one's shoulder gets to be more difficult and arthritis can make it tough for a driver to grip the wheel.

-Knees, Ankles & Feet: Your joints stiffen, your knee and foot movement becomes harder and more painful and the gas and the brake pedals can get mixed up.

-Medications: Many common medications can cause drowsiness and can put your elderly driver in harm's way. Make sure elderly drivers know the side effects of their medications.

Before planning your holiday celebrations, make sure that elderly family members are alright to drive to help reduce the risks of an accident. Consider holding your celebratory feast at a home nearby to accommodate their needs or volunteer to come over to their house to celebrate the holidays.

Continue reading "Birmingham Car Accidents: Holiday a Good Time to Discuss Safe Driving with Elderly Family Members" »

Car accidents in Tuscaloosa and elsewhere over the Thanksgiving Day holiday weekend are expected to take the lives of more than 430 people, according to the National Safety Council (NSC).

An additional 43,500 people are expected to be injured seriously enough to require professional medical attention during this time. Distracted driving, drunk driving, aggressive driving, speeding and driving too fast for road conditions can all increase your risk of being involved in a serious or fatal accident.

Drivers are urged to be cautious and alert on our roadways to avoid one of these accidents. Travel preparations may be one of the best ways to avoid an accident. Know exactly where you're headed and have a plan.

Thanksgiving is defined as the holiday weekend from 6:00 p.m. on Wednesday, November 23rd to 11:59 p.m. on Sunday, November 27th. While this year's fatality prediction is nearly 20 percent lower than the average number of deaths over the last six Thanksgiving holidays, drivers are urged to be alert and cautious on our roadways to help avoid an accident. The Thanksgiving Day holiday weekend is more than 10 times more dangerous than any other similar non-holiday period.

Our Tuscaloosa car accident attorneys understand that the increase in travelers equates to higher risks for a crash. This year, the AAA Foundation for Traffic Safety is predicting that roughly 43 million Americans will travel more than 50 miles for their Thanksgiving Day vacation. This number is up nearly 5 percent from the 41 million who traveled during the 2010 holiday.

After several years of high gas prices, motorists may be hitting the road anyway this holiday season. Last year's Thanksgiving holiday recorded an average of $2.88 per gallon of gas. This year's average sits at $3.39. Since this year's gas prices were higher, less Americans traveled over earlier holidays. Memorial Travel was about the same as 2010 records while travel for Labor Day and Independence Day decreased significantly. Experts believe that the Americans who bypassed earlier vacations are throwing out their financial concerns for a much needed Thanksgiving Day holiday weekend vacation.

"Driving AAA's projected increase in the number of Thanksgiving travelers is pent-up demand from Americans who may have foregone holiday travel the last three years," said Bill Sutherland, the vice president of AAA Travel Services.

Most Americans will be using our roadways to get to their Thanksgiving destinations, according to CNN. Vehicular travel will remain the most popular form of transportation while air travel is shaky. AAA is predicting a 2-percent increase in air travel from last year, while the Air Transport Association of America is predicting a 2 percent decrease.

Drivers are asked to be careful and cautious on our roadways over the holiday weekend. Always wear your seat belt! Recent studies have concluded that seat belts are about 50 percent effective in saving the lives of front-seat occupants in the event of an accident. Over this weekend, seat belts are expected to save the lives of roughly 150 motorists. If everyone were to wear a seat belt, the NSC predicts that another 110 lives could be saved.

Have a Happy Thanksgiving and drive carefully!

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We gained an extra hour of sleep with the recent daylight savings time change. But the change also ushered in more dangerous roadways. The National Highway Traffic Safety Administration (NHTSA) is urging drivers to be more cautious on our roadways as the sun sets even earlier. Only about a quarter of travel happens during the evening hours, but more than half of all fatal car accidents in Tuscaloosa happen during this time.

Pedestrians are at serious risks during this time as well. The NHTSA reports that about 4,100 pedestrians were killed in traffic accidents in 2009. Nearly 60,000 more were injured. About 25 percent of these accidents happened between the hours of 4:00 p.m. and 8:00 p.m. Another 13 percent happened from 4:00 a.m. and 8:00 p.m. The NHTSA asks drivers to drive slowly and cautiously after the sun goes down. Many drivers have a tough time adjusting to the new low-light conditions.

Our Tuscaloosa car accident attorneys understand that pedestrians are more difficult to see near our roadways during the evening hours. For this reason, pedestrians are asked to be proactive and to either carry a flashlight or to wear reflective tape to be more visible to motorists. Pedestrians should use sidewalks when available and only cross at intersections and crosswalks. Remember, vehicles can be unpredictable. Be cautious on our roadways and don't rely on traffic signals and signs.

Dr. Val Jones from Healthy Vision conducted interview on a recent podcast to discuss the dangers of nighttime driving. She spoke with optometrist Dr. Cristina Schnider and John Ulczycki of the National Safety Council to discuss why there are so many accidents on our roadways after dark. As a matter of fact, you're three times more likely to be in an accident at night than during the daytime.

Dr. Schnider discussed the vision problems we have while driving at night. She says that even drivers with perfect vision experience significant vision reduction when it's dark out. Drivers are asked to be cautious and to slow down on our roadways once the sun sets. Driver's peripheral vision is also drastically affected during the evening. Drivers are unable to see color in their peripheral vision and seeing motion is tougher when it's dark out. For this reason, it's important for drivers to continuously scan their surroundings.

Dr. Schnider adds that since there's less light at night, there's less to focus on. Driver's eyes will typically focus on what is available. This is oftentimes the glare on the windshield and that's not safe. Be sure to look above the headlights of oncoming cars and passed the windshield to be able to see your entire surroundings. Don't get locked into one object.

According to John Ulczycki with the National Safety Council, teen drivers are at the highest risk for these types of accidents. Although their vision may be better than older drivers, their ability to comprehend nighttime driving dangers isn't as good. Older drivers are more experienced behind the wheel and can better judge nighttime hazards. Parents are urged to ride along with the teen drivers in their lives often. Supervised driving is critical in safely developing your teen driver's skills. Make sure that you teen driver is equipped to handle the dangers of nighttime driving before cutting them loose on our roadways.

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