Articles Posted in General Injury

ezra-jeffrey-149574-150x150It should go without saying that wet weather driving can be dangerous.  A recent analysis of available federal data shows that rain is the leading cause of weather-related driving fatalities.  Even in Alaska, rainy weather causes more fatal accidents than snow.  Unfortunately, as the wet weather continues to come, people grow accustomed to driving in it and minimize the risks of doing so.  In Alabama, especially during the tropical weather season, drivers should be extra careful when heading out on the roads.  Here are a few tips and reasons to be extra cautious.

  1. Decreased visibility – Rain on your windshield and rain in your line of sight both cause decreased visibility for drivers, making it harder to keep a proper lookout. Dangerous conditions or inattentive drivers are much harder to recognize in low visibility situations.
  2. Hydroplaning – Hydroplaning is a serious risk for auto accidents. When tires are not able to force the water away between them and the road, the vehicle begins to float on the water and the driver loses complete control of the vehicle.  The risk for hydroplaning is as high when it first starts to rain and soon after it has stopped as it is when it is pouring.  Too many people assume that hydroplaning can only occur during a heavy storm and minimize the risk after the rain has stopped.

accident-300x225Accidents can happen anytime, anywhere.  Studies have shown that as many as 3 in 10 accidents happen within one mile of a person’s home.  There are certain areas, however, that have unfortunately developed a reputation for being dangerous roadways where not only do accidents occur with higher frequency, but they often involve significant injuries or fatalities.

One area in Alabama that has developed such a reputation for dangerous accidents is Interstate 85 in Macon County near Shorter and Tuskegee.  A google search for I-85 accidents in Alabama will lead to several news articles about fatal or serious accidents in this area. These accidents often involve multiple cars and/or 18 wheelers or large trucks.  These accidents can involve 18 wheelers overturning, cars crossing into the oncoming lane of traffic, and an accident ahead leading to accidents further back down the interstate.  I-85 is a major thoroughfare for commercial traffic, taking goods on large trucks from Atlanta and the East Coast down to other parts of the South and back.  Once outside of Atlanta, traffic flows pretty steadily until about Opelika, and then more residential traffic joins the flow all the way to Montgomery.  While this happens on interstates all over America, it seems that serious car accidents tend to occur on this stretch right near Shorter with more frequency and with more loss of life.

There are things we can do to help keep ourselves and our loved ones safe.  First, keep up to date on local news.  Fatal accidents can happen anywhere, but when you hear of one, inform your family to pay extra attention while driving in these areas.  Human error is usually to blame, but there are areas where human error tends to crop up with more  frequency.  Second, stay alert to the road in front of you.  We all have a tendency to set our cruise control and go with the flow of traffic, but the flow of traffic can change in an instant, and other drivers on the road are getting more and more distracted.  When 18 wheelers, large trucks, and other cars are travelling at a high rate of speed, a small change in traffic patterns or a small distraction can quickly turn into a deadly situation.  Take breaks if you need to to stay alert when driving in a dangerous area.  Finally, take action.  If you see dangerous behavior on the road, call the highway patrol.  There are too many good people trying to peacefully follow the law and safely get to where they are going for a few dangerous drivers to ruin it.  If a heavy truck or 18 wheeler is driving aggressively, report it for the benefit of all of us.  If a driver is riding down the road typing on their cell phone, report it.  The less dangerous drivers riding through dangerous areas, the better for all of us.

workplace-150x150Last week’s blog addressed the increase in work place injuries.  While worker’s compensation is generally the exclusive recovery source from the employer, there are other potential sources of recovery. Below are some common scenarios from work place injuries that may result in your ability to recover for your injuries:

Motor Vehicle Accidents/Car Wrecks:

A very common type of third-party claim arising from a workers’ compensation action is when someone gets into a motor vehicle accident or car wreck while driving for work.  Many people drive as part of their jobs: truck drivers, package delivery personnel, sales people who make on-site client visits, construction workers who haul materials, home health workers, even lawyers who have to drive to and from court.

injury-form-150x150
In 2015, 4,836 workers were killed on the job in the United States.  That means, on average, 13 workers die because of injuries on the job every day in the United States.  This is more than the numbers were in 2013 and 2014.  Further, an estimated 50,000 died from occupational diseases.  This means that, in effect, 150 workers die each and every day from hazardous working conditions.

Older workers are at a greater risk. Thirty-five percent of all fatalities occurred in workers age 55 or older, and workers 65 or older have three times the risk of dying on the job as younger workers.

Temporary workers are at an even higher risk of injury.  Temporary workers often receive insufficient training or are inexperienced with how to protect themselves on the job site, but don’t want to complain about the lack of training for fear of losing their job. Temporary workers tend to be younger, less educated and disproportionately consist of minority workers, many of whom might be immigrant workers, according to researchers with the University of Massachusetts.  At the same time, temporary workers are employed in some of the country’s most hazardous jobs, including waste recycling, fish processing and construction.

heastone-150x150Lawsuits involving the death of a person in Alabama are generally governed by the Alabama Wrongful Death Statute.  Alabama handles lawsuits regarding a death in a unique way.  This article will address what is unique about Alabama’s wrongful death statute and the importance of hiring an experienced wrongful death attorney.

When someone is killed in a motor vehicle accident, or dies using a product like an ATV, or otherwise dies because of the fault of someone else, the civil case will be governed by the Alabama Wrongful Death Statute.  In Alabama, a personal representative of the deceased person’s estate is appointed by the probate court and is entitled to pursue the claim on behalf of the deceased person’s estate.  Unlike many other states, any recovery made for a wrongful death in Alabama does not actually pass through the estate of the deceased person.  If a person has a will, the will does not determine who gets the proceeds of any recovery of the wrongful death case.  If the person’s estate owes money to creditors, the creditors are not allowed to recover any of the money won in the wrongful death case.  Instead, recovery from the wrongful death case is governed by the laws of intestacy in Alabama that govern how a person’s estate would be distributed if they did not have a will.  The typical order of preference under the intestacy statue is for proceeds to go to a spouse, to children, to parents, and then to other relatives in order of relation.  There are special rules, for instance, when someone dies with a spouse and children that are not from that spouse.

Alabama’s wrongful death statute is also unique in the kind of damages that are awarded.  In most states, a person’s lost income they would make in life had they not died comes in as damages.  In this way, different lives are valued differently.  Alabama does not even allow for such damages to be considered.  Alabama takes the view that all life is sacred and of equal worth.  Thus, the only damages that are awarded are punitive damages.  Punitive damages are damages that are designed to punish the party who caused the death for their conduct and to serve as a deterrent to others from engaging in conduct that may lead to someone else’s death.  Alabama treats all lives equally, and so the focus in an Alabama wrongful death case is on the conduct of the defendant rather than how much earning potential was lost when the person died.

car-accident-2-14492951-e1449528550287When a loved one is in an automobile accident that results in a serious injury or even death, it is not uncommon for a family to hire a law firm to represent their interests.  Medical bills, lost wages, the inability to pay for basic things in life because of a loss of income, pain, rehabilitation, loss of life or loss of the enjoyment of life – these are all things that no one is truly able to understand until they have to go through it.  If a serious injury or death is caused by the bad driving or bad decisions of another driver, that person needs to be held accountable for the harm they caused.

Unfortunately, most people driving the roads are not adequately insured to cover a serious injury or death claim.  In Alabama, the minimum insurance limits that are required by law for a driver is $25,000.  If a person with minimum limits seriously injures or kills your loved one, $25,000 is all that is available from the opposing driver’s insurance, which is a drop in the bucket for a serious injury or loss of a loved one.  Many people carry their own underinsured motorist coverage that can also pay, but it is extremely rare for these policies to provide adequate coverage for a serious injury or loss of life.

While most people assume the insurance of the opposing driver and your own insurance is the only possible source of recovery, there are always others avenues that need to be explored by a lawyer in a serious injury or fatal car accident.  One of the main areas our firm researches when helping a family with a serious injury or loss of life is defects in the vehicles themselves.  An issue with steering or a defective tire that blew out may have cause the other car to lose control.  There may have been a defective part on one of the cars that could have prevented the accident from happening in the first place.

photo_1373_20060329-300x200Every year, approximately 36 million people are injured and 34,000 people are killed by using everyday consumer products.  This includes everything from falls off ladders to appliances that malfunction and catch fire.  These are staggering numbers.  While many of the injuries and deaths are the result of someone misusing a product, many also result from dangers built into the products themselves that could be prevented.

There is a concept in design engineering called the safety hierarchy.  It is also called the hazard control hierarchy.  It is supposed to govern decisions about how products are made, tested, and redesigned before they come to market and are used by the public.  It is a set of checks to eliminate or drastically reduce the number of injuries and deaths associated with using a product.  If a danger is found in a product, the hierarchy goes like this:  1. Design out the danger, 2. Guard against the danger, 3. Warn against the danger.  Unfortunately, the hierarchy is not always followed.

Design out the danger

traumatic-brain-injury-lawyer            In recent months there have been developments that have raised public awareness of the dangers and prevalence of brain injuries.  Last month a federal district judge in Chicago gave preliminary approval to a reworked head injury settlement between student athletes and the National Collegiate Athletic Association (NCAA).  Under the terms of this proposed settlement a seventy million dollar fund would be established to test for brain trauma.  In addition, the NCAA is required to strengthen return-to-play rules after a brain injury.  U.S. District Judge John Lee also suggested removing an across-the-board prohibition from future class action lawsuits relating to concussions.  This announcement regarding the NCAA settlement follows an earlier settlement of the National Football League’s (NFL) concussion related lawsuits.  The NFL settlement involved the payment of $765 million in potential compensation.

Just this week it was disclosed that former University of Alabama football great Ken Stabler was suffering from Stage 3 chronic traumatic encephalopathy (CTE) when he died.  Stabler succumbed to colon cancer this summer but for years before his death he displayed symptoms suggestive of CTE.  CTE is a degenerative brain disease that is believed to be caused by repetitive head injuries.  It was originally found in boxers but has now been diagnosed in football players and even baseball players.  Unfortunately, CTE can only be diagnosed positively after death by a microscopic examination of the brain.  CTE involves neurological and physiological changes to the brain including the presence of an abnormal protein called tau.  CTE causes symptoms similar to Alzheimer’s disease and eventually to a progressive deterioration of the brain that leads to dementia.  The NCAA and NFL settlements were, in part, recognition of the prevalence of CTE among student and professional athletes.

The research into these types of brain injury is still in its infancy.  There are many unanswered questions.  It is not known how many concussions it takes to cause CTE or over what period of time this might develop.  The Center for the Study of Traumatic Encephalopathy (CSTE) was only created in 2008.  It is believed that repeat head injuries are required to cause CTE.  For this reason the focus of research has been on athletes.  However, this research may eventually assist medical professionals and trial lawyers in evaluating the length and severity of traumatic brain injury in their patients and clients.  What we are learning from this, however, is that the symptoms of TBI can be permanent and even degenerative.

NHTSA, the National Highway Transportation Safety Administration, fined Fiat Chrysler a record $105 Million Dollars last week.  Under the order, Fiat Chrysler is required to buy back as many as 500,000 vehicles with defective suspensions that can cause drivers to lose control. Also, owners of more than one million Jeeps with rear-mounted gas tanks that are prone to fires will be given an opportunity to trade in their vehicles at rates above market value.

The Jeep gas tanks are very reminscient of the Ford Pinto gas tank placement – in the rear center of the vehicle.  This can cause a post collision fire to start after a rear end collision that compromises the gas tank.

This is a 2003 Jeep after a rear end collision that resulted in the death of a young woman who was 8 months pregnant.

Contact Information