Wrongful Death

April 6, 2018

When Vehicles Don’t Keep Us Safe

Cars and trucks are coming out with newer and more advanced safety features every year. The goal is to reduce the number of accidents and to reduce the severity of injury when an accident occurs. Automobile manufacturers have made great strides over the years in reducing severe injuries and fatalities with safety devices like seat belts, airbags, and anti lock brakes. There are occasions, however, when car makers do not get it right, when they overlook a potential hazard, or worse, when they learn of a hazard but keep the information to themselves while they continue to sell the vehicles. When that happens, attorneys are often called upon to assist clients who’ve been injured or lost a loved one because of a defect in the vehicle. Here are a few areas of automotive product liability lawyers are involved with.

Crashworthiness

Crashworthiness is a concept involving an automobile’s ability to protect its occupants during a crash. We’ve all seen the footage of test dummies being hurled down a track behind the wheel and crashing into a wall. Measurements are then taken to see how to dummies would have fared were they real people in a real crash. There are several things that need to work together to keep people safe in a crash. The airbags need to deploy when appropriate. Seat belts need to engage. Flammable substances in vehicle need to be kept away from sources of fire ignition to keep the car from catching fire. The frame of the vehicle needs to hold firm to keep people from being crushed. The crumple zone of a car needs to absorb the force of the impact so all of it is not felt by the passengers. These and other factors go into making a vehicle crashworthy. When one of these systems fails, people can get hurt or killed. Cases involving crashworthiness involve one of these systems failing and a passenger that should have been kept safe during a crash being severely injured or killed as a result.

June 21, 2017

Wet Weather Car Accidents

By Jinks, Crow & Dickson, P.C.

It 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.

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.
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.

May 5, 2017

Dangerous Roadways

By Jinks, Crow & Dickson, P.C.

Accidents 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.

March 17, 2017

THIRD PARTY CLAIMS AND DEFENDANTS IN WORK PLACE INJURIES

By Jinks, Crow & Dickson, P.C.

Last 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.

March 13, 2017

WORKPLACE INJURIES ON THE RISE BUT WORKPLACE SAFETY IS NOT

By Jinks, Crow & Dickson, P.C.

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.

March 6, 2017

Wrongful Death in Alabama

By Jinks, Crow & Dickson, P.C.

Lawsuits 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.

September 23, 2016

Serious Auto Accidents

By Jinks, Crow & Dickson, P.C.

When 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.

May 5, 2016

Protecting the Public From Dangerous Products

By Jinks, Crow & Dickson, P.C.

Every 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

March 7, 2016

Experienced and Caring Lawyers Working with Alabama Families Through Wrongful Death Claims

By Jinks, Crow & Dickson, P.C.

The loss of a family member in Alabama can bring with it not only immense grief but also practical concerns. Family members who depended on the decedent may worry about how they’ll pay a mortgage or rent, take care of necessary expenses like groceries, and get through their days. If a decedent’s death happened within the borders of Alabama, and the death was caused by someone else’s wrongful act, negligence, or omission, the personal representative of the decedent’s estate can bring a wrongful death claim to recover damages. Our experienced and caring attorneys can guide you through the process of pursuing damages.

You should be aware that in Alabama, family members can’t file wrongful death claims for their own benefit when the decedent is an adult. Instead, the personal representative of the decedent’s estate is the only person who can file a wrongful death lawsuit under Alabama Code section 6-5-410. The personal representative may, of course, be a family member. Damages recovered through the lawsuit aren’t subject to the payment of the debts or liabilities of the decedent. Instead, they are distributed according to the statute of distributions.

The estate of the decedent brings the wrongful death lawsuit in cases in which the decedent could have filed a personal injury lawsuit had he or she survived. In other words, the estate steps into the shoes of the decedent to seek compensation. For example, if the decedent died as a result of injuries in a truck accident in which the truck driver was drinking, the decedent’s estate can bring the case. Had the decedent lived, he or she could have brought a personal injury lawsuit against the truck driver and the trucking company. Wrongful death claims can’t be brought based on contractual grounds, such as a breach of warranty.

February 5, 2016

NEW DEVELOPMENTS IN TRAUMATIC BRAIN INJURY RESEARCH

By Jinks, Crow & Dickson, P.C.

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.