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.

When automobile and truck tires fail because of design defects or manufacturing defects the results can be catastrophic. Permanent injury or death is foreseeable results. When a lawyer begins to evaluate a potential tire failure/defect case there are several things that are of great importance. First, a good working knowledge of tire design and the manufacturing process is critical.

A typical radial tire has eight component parts. The tread is the outermost part of the tire. It is the component that is designed to meet the road. The design elements that make up an adequate tread can be complicated. Thin cuts in the rubber surface of the tread are called sipes. They help to improve traction on wet roads. Groove ratio and shape are also important. The ability of a tire to keep traction in various road conditions depends of the efficacy of the design of these elements. Below the tread is the cap ply. This component helps to maintain the shape of the tire and control heating. Below that are the belts, a layer that strengthens the tire. These are rubber bonded with steel cords. It helps improve the performance of a tire during turning. The carcass ply is similar to the belts. Fiber cords bonded with rubber help strengthen the tire. The inner liner has a function similar to an inner tube. It is an airtight layer of rubber. The sidewalls, beads and lower beads are the parts of the tire that form the sides, help conform the tire to the metal rim and keep the tire properly attached. As can be seen, a tire is a complex product and defects in the design and manufacture of the various components must be carefully evaluated.

For example, a poor design or faulty construction of the inner liner can lead to tread separation. Improper curing, the use of corroded materials in the manufacturing process, contamination by foreign materials and the use of aging rubber stock can also lead to tread separation. Tread separation usually results in loss of control or a blowout. This can be devastating. Underinflating or overinflating tires can also lead to tire failure. It is very important to check the air pressure in tires on a regular basis to guard against this. But even if tires are properly maintained and serviced, design and construction defects can still lead to tire failure. This is especially true with respect to the issue of under inflation. Tires can leak air. This can be caused by tires that are more permeable than they should be.

Under Alabama law, an individual  who operates a vehicle is not liable for injuries or damages sustained by a non-paying passenger within the vehicle unless the injured passenger can show that his or her damage resulted from willful or wanton conduct on the part of the driver. Alabama Code Section 32-1-2.  Although this law can be beneficial for some drivers, it can leave injured passengers without any recourse for recouping losses received due to the negligent actions of drivers.  For this reason, most states have abandoned these types of “guest” or “passenger” statutes.

The Alabama Guest Statute was passed in 1935. The law provides that the guest must be transported without payment in order for the statute to apply.  Therefore, if the evidence shows that the driver received any payment or other benefit (such as an Uber, cab or bus driver would), then the driver would not be shielded from liability under the Guest Statute. Additionally, if the injured passenger can show that the driver’s improper conduct was willful or wanton, the Guest Statute does not bar recovery.  Generally, “willful or wanton” is improper conduct that is greater than “mere negligence”.  Examples include drinking and driving, excessive speeding and other types of reckless driving.

The Guest Statute does not apply to a claim for negligent entrustment or supervision.  Therefore, in situations where the driver of the vehicle was entrusted the vehicle by another person or entity, an injured passenger may still have a valid claim against the owner of the vehicle in certain circumstances.  Additionally, an injured passenger may be able to recover damages under the Uninsured Motorist Statute where coverage is available.

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.

a-hand-holding-and-aiming-a-pistol-150x150Some politicians, and some gun manufacturers, think that there is complete immunity for such manufacturers for negligent or wrongful behavior, no matter the circumstances.  Here’s why:  in 2005 Congress enacted the Protection of Lawful Commerce in Arms Act (PLCAA).  This statute does give the gun industry broad immunity.  But it is not absolute.

The PLCAA has a few exceptions that can be used to find gun manufacturers liable.  If a manufacturer or seller knowingly falsifies federal or state records, sells a gun to someone who is prohibited from owning a gun or manufacturers a gun with a design defect that results in injury or death, there can be civil liability.

The issue of civil liability for gun sellers and manufacturers has become very controversial because of the power of the gun lobby and the efforts of the gun control lobby to stem the proliferation of assault weapons.  The tragedy of mass shootings and the rise of terrorist activity have also heightened this controversy.  Some efforts have been made to circumvent the reach of the PLCAA by using causes of action that may not be in violation of its provisions.  For example, following the horrible tragedy of the mass shooting at Newtown, Connecticut some families filed suit based on the cause of action for negligent entrustment.  The Trial Court dismissed the case and it is now before the Supreme Court of Connecticut.

“Vaping”, or the use of e-cigarettes, is viewed by many as a healthier – or perhaps less-damaging – alternative to smoking.  E-cigarettes utilize battery power to vaporize a liquid containing nicotine that the consumer then inhales. Although vaping is marketed as a safe alternative to traditional cigarettes, the use of e-cigarettes appears to carry numerous risks, prompting a wave of litigation.

Typically, cases involving e-cigarettes fall into one of the following three categories:

  1. Consumer Fraud, Unfair Competition and False Advertising – Consumers allege that the companies marketing and manufacturing e-cigarettes have made false claims that their products have health benefits or are a safe alternative to smoking, despite evidence that e-cigarettes contain carcinogens and other chemicals.

credit-report-002-1The Consumer Financial Protection Bureau (CFPB) announced a settlement with TransUnion and Equifax last week for their violations of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act. TransUnion and Equifax are 2 of the 3 largest consumer reporting agencies in the country.

The CFPB charged TransUnion and Equifax with violating the law by:

  • Selling worthless credit scores: TransUnion and Equifax told consumers that the credit scores they marketed and provided to them were the scores used by lenders to make credit decisions. The CFPB found that the scores sold by TransUnion and Equifax were not normally used by lenders to make credit decisions.

Trial lawyers are often on the lookout for dangerous products.  We are up to date on the latest recalls and companies that have a reputation for making questionable products.  When shopping for our families, we often look for the presence or lack of certain safety features that others would not because we have spent years dealing with the damage and trauma dangerous products can cause a family.

Common household items can often pose unknown hazards.  Button batteries, commonly used in automobile key fobs, watches, and many toys, have become a recent hazard for small children.  Over a 14 year period ending in 2010, approximately 40,000 ER visits resulted from children ingesting batteries, and over half of these cases involved these button batteries.  Button batteries pose several serious health issues for children that have resulted in severe injury and death.  Choking is a major concern that can happen immediately.  Chemical burns to internal organs can also result is serious health issues and can be difficult to diagnose because symptoms often do not appear until days after a child has ingested a battery.

battery-e1483564735814Many toy makers now require a screwdriver to enter the battery compartment of their toys.  While annoying to parents, this is a protection against small children ingesting batteries that is useful.  Some makers of these batteries have ignored the problem, some have begun to warn against the problem, and others have begun to take action to protect children from these now-known dangers.  For instance, a recent trip to the drug store revealed a company with a two-fold approach to preventing children from swallowing these button batteries.  They place a warning directly on the battery to let parents know of the danger.  They also seal the packaging for the batteries so that scissors are needed to open them.  This is the proactive approach to preventing a known harm that some companies are taking to protect the public.  Unfortunately, it can often take years of knowing about a problem and many lawsuits before some companies finally come around to preventing such accidents.  For some companies, customer safety is important enough.  For others, the threat of money damages from their product harming the public is what is needed to improve product safety.

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