Three-Car Crash in Montgomery County Takes One Life, Leaves Others Injured

February 11, 2015/by Amy Strickland

A three-car crash occurred Saturday night, January 31st, on Peppers Ferry Road near Rolling Hills Drive in Montgomery County. The road was closed for several hours as emergency responders and law enforcement worked the accident. The accident occurred when a driver crossed the center line and struck another vehicle head-on. The driver of that vehicle was pronounced dead at the scene, and his two passengers were transported to the hospital with minor injuries. A third vehicle was also involved, but no injuries were reported for the occupants of that vehicle.

The driver who crossed the center line has been charged with driving under the influence of drugs. Drunk driving and drugged driving are not only dangerous and illegal, but they may subject the driver to liability for any personal injury or wrongful death which resulted. When a violation of the law has led to an injury, the injured plaintiff may be able to demonstrate that the defendant was negligent per se, or negligent as a matter of law, without having to provide other evidence of the defendant’s negligence. The central question on this issue is whether the statute which was violated was one that was enacted to prevent the type of harm which occurred. Most traffic laws fall into this category, and a law against driving under the influence certainly has a primary purpose of preventing tragedies such as this one.

The doctrine of negligence per se has been upheld many times by the Alabama courts, including this restatement of the law in Proctor v. Classic Auto., Inc. from the Alabama Court of Civil Appeals in 2009:

“Violation of statutes or ordinances may be negligence. If the statute or ordinance violated was enacted or promulgated for the protection of the person claiming to have been injured by reason of the violation, the violation of the statute may be negligence per se or negligence as a matter of law.”

It is important to always drive with care and to drive defensively with regard to others who may be on the road, but as this tragedy demonstrates, sometimes all the care in the world cannot keep you safe from another person who chooses to drive with negligence or reckless disregard for the safety of others. If you or a loved one have been injured in an Alabama car accident, contact the attorneys at McPhillips Shinbaum for a free consultation about receiving the compensation you need and deserve to recover from the harm done to you.

Bar Owners Can Be Liable for Injuries Caused by Drunk Patrons

January 25, 2015/by Amy Strickland

Every year hundreds of persons are killed by drunk drivers in Alabama, and thousands more are injured. You probably know that driving while intoxicated or impaired is very likely evidence of negligence, and the driver may be liable for damages in a personal injury or wrongful death lawsuit. But did you know that the bar or restaurant which served the drunk driver may also be liable too?

Under section 6-5-71 of the Alabama Code, known as the Dram Shop Act, any person who sells or gives alcohol to another person contrary to law may be liable for any damages caused by the intoxicated individual. The law allows the injured person to sue for damages such as medical expenses and pain and suffering, and the family of the injured person can sue as well for damages such as loss of support or companionship.

What does it mean to sell or give alcohol to someone “contrary to law?” For one, sale of alcohol to minors is prohibited by Alabama Code 6-5-70. Also, any violation of the Alabama Alcoholic Beverage Control (ABC) Board, such as serving alcohol in a dry country, would also be “contrary to law.” Notably ABC Board Regulation 20-X-6-.02(4) prohibits serving alcohol to any person who appears to be intoxicated.

This last provision is likely the one most cited for dram shop liability in Alabama. It is certainly foreseeable that an overly intoxicated person might assault another person without provocation or cause a serious car accident if drinking and driving. In cases such as these, the bar, restaurant or liquor store which furnished the alcohol to a visibly intoxicated person can be held strictly liable for the damages which ensue.

In addition to compensatory damages, such as medical expenses, lost wages, and pain and suffering, the bar could be liable for exemplary or punitive damages as well.

The attorneys at McPhillips Shinbaum thoroughly investigate every case and work to hold every responsible party accountable for their negligence or misconduct. This includes restaurants, bars and retail establishments which furnish alcohol to minors or visibly intoxicated persons with disastrous results. If you or a loved one were harmed in such a situation, call on the experienced Alabama personal injury and wrongful death lawyers at McPhillips Shinbaum for a free consultation.

Who Is At Fault in a High-Speed Chase?

December 24, 2013/by Amy Strickland

On July 30, 2013, a high-speed police chase through Birmingham and suburban Homewood resulted in two collisions and three injuries.

Police state that they spotted a man with outstanding arrest warrants driving in Birmingham’s south side shortly before 6:00 p.m. The chase ended when the suspect’s vehicle crashed into another car near the corner of Roxbury and Oxmoor in Homewood. Another crash occurred previously on 18^th Street. The fleeing suspect, his passenger (who also had an outstanding arrest warrant) and another driver were all rushed to area hospitals.

One witness remarked that she was “surprised” that more people weren’t hurt, given that the events occurred in a busy downtown area during rush hour. An Alabama car accident lawyer may become involved due to the serious injuries suffered by at least one and arguably two innocent bystanders.

Negligence in a high-speed chase

Accidents in high-speed chases are a serious problem. The FBI reports that one person dies every day in a high-speed chase. While peace officers are granted some leeway in their pursuit of some suspects, Alabama law does set limits on their behavior. These officers — and the city, county or state that employs them — may be liable for damages caused in a high-speed chase. Damages may include property damage and compensation for injury or death.

Officers are held to a simple negligence standard in Alabama. Even if they are in a high-speed emergency chase, they have a duty of reasonable care to other innocent third parties.
Despite a minority of states that impose liability in such situations, an injured suspect cannot sue for damages in Alabama because the suspect could have pulled over at any time and ended the chase.

The experienced and tough attorneys at McPhillips Shinbaum are not intimidated by a government agency, insurance company or anyone else that is standing between you and fair compensation for your injuries. Call today for your free consultation.

Explosive Plane Crash Kills Two

December 17, 2013/by Amy Strickland

On Wednesday, August 14, 2013, a UPS cargo plane crashed near Birmingham. The crash killed all on board.

Police state that the aircraft was approaching Birmingham-Shuttlesworth Airport on a flight from Lexington, Kentucky. The plane suddenly exploded in mid-air and fell from the sky. The tower reports that the crew made no distress calls. Witnesses stated that the aircraft split into several pieces before crashing to the ground, skidding across a highway and spreading debris over a half-mile area.

Both the pilot and co-pilot were killed. Their bodies were found some 100 yards from the main portion of the plane. The aircraft type, a twin-engine Airbus A 300, has been involved in at least 10 other crashes since it first entered service in 1974.

The National Transportation Safety Board is currently investigating the cause of the accident. Speculation exists that, due to the sudden nature of the crash, the lack of distress calls and the A 300’s service record, mechanical error may have been at fault.

Liability for wrongful death

Any time a manufacturer sells a defective product that results in death, whether that product is a small medical device or a wide-body jet aircraft, the manufacturer can be sued for wrongful death. Since 1974, Alabama has used the AEMLD, or Alabama Extended Manufacturers’ Liability Doctrine, in such cases. In a defective product case, a Birmingham personal injury attorney must convince the jury that the death occurred because of:

A design defect — the typical argument is that there was a safer alternative design available, but the defendant failed to use that alternative design
A manufacturing defect — the product may have been fine on the blueprint, but was defective by the time it reached the shelf
A failure to warn – if the manufacturer knows that a product is dangerous, the manufacturer has a duty to warn consumers about the danger

Since 1978, McPhillips Shinbaum has represented injured victims and their families in personal injury lawsuits throughout Alabama. Call today for your free consultation.

Wrongful Death and Criminal Acts

December 10, 2013/by Amy Strickland

A former provost at the University of Alabama in Huntsville has asked a judge to throw out the wrongful death suit filed against him following Amy Bishop’s 2010 shooting rampage.

Bishop, a professor at UAH, shot two people to death and injured three others following a faculty meeting. Bishop was angry that she was earlier denied tenure. She is currently serving a life sentence without parole after pleading guilty to the shooting deaths. The family members of slain faculty members Maria Davis and Adriel Johnson subsequently sued UAH Provost Dr. Vistap Karbhari and President Dr. David Williams, alleging that these university officials knew that Bishop was angry and unstable, and failed to take any corrective action.

Elements of a wrongful death suit

Dr. Karbhari’s attorneys argue that Dr. Karbhari did not cause the deaths of the faculty members. Cause, both cause-in-fact and proximate cause, is an essential element in any negligence case. There can be no intervening cause that comes between the plaintiff’s injuries and the defendant’s conduct. A criminal act, especially one that is random and unpredictable, is generally an intervening cause in a negligence case. Alabama law holds that a criminal act may not always be an intervening cause in all cases.

Relationship between the parties: If there is a special relationship between the parties, such as lawyer/client, doctor/patient or some other fiduciary relationship where there is a heightened duty of care, a crime is not an intervening cause in a negligence case.
Foreseeability: In this case, the plaintiffs argue that Dr. Karbhari ignored warning signs that Bishop was dangerous. Dr. Kharbari denies these allegations.
Voluntary duty: If a defendant begins to take steps to protect a plaintiff from a crime, and then abandons that course of action, the defendant may nevertheless be liable.

At McPhillips Shinbaum, our attorneys represent clients in Montgomery County, Autauga County, Elmore County and throughout Alabama. To speak with a lawyer about your wrongful death claim, contact us to schedule your free initial consultation.

NFL Concussion Lawsuit Settlement

December 3, 2013/by Amy Strickland

The National Football League (NFL) has reached a multimillion-dollar settlement with current and former players regarding brain damage suffered by players, allegedly while competing on the football field.

The total value of the settlement is $765 million. Settlement terms include $675 million in compensation to former players and their survivors, and $90 million for further research into chronic traumatic encephalopathy (CTE), the brain disorder players say they contracted as a result of multiple violent collisions while playing professional football. The players also state the NFL failed to take sufficient action to protect players from CTE.

While the settlement amount may seem rather small, given the number of plaintiffs (4,500) and the NFL’s revenue ($10 billion per year), the case highlights a few common elements in any settlement strategy in any negligence action.

There are many times that a trial is desirable or necessary. The parties may be too far apart on a settlement figure, the plaintiffs may want the publicity that a trial brings, the parties may want an enforceable court order, and there are other reasons. However, just because your attorney tries to work out a settlement does not mean that he or she is caving into the other side’s demands or that your case lacks merit. For the most part, an agreed settlement is a better option:

Control. Liability is hardly ever clear-cut in complicated negligence cases, and there is absolutely no way to predict how a jury will view the facts and make its decision. A pretrial settlement gives the parties control over the outcome that they simply do not have in a trial.
Cost. Trials cost a lot of money, both in terms of an attorney’s time and in terms of hard costs, such as expert witness fees and deposition expenses. A plaintiff can accept less money at a pretrial settlement and actually come out ahead because the former costs are avoided.
Speed. If a case is litigated, it can be years or even a decade before a victorious plaintiff sees any money. The NFL players’ attorneys specifically said that one of their goals was to get money right away for the retirees and families who badly needed it.

The attorneys at McPhillips Shinbaum are experienced in all phases of a negligence case. They know when to push for a settlement and when a trial is a better option. You can trust them to make the decision that best promotes your interests. Contact McPhillips Shinbaum to schedule your free consultation.

Three Shades of Cause

November 26, 2013/by Amy Strickland

A previous post discussed the legal duty that one person owes another person. Once it is established that the plaintiff owed you a duty, the next step in your negligence case is to link that duty to your damages. While duty is largely a legal question — for the most part, the law determines who is an “employee” and who is an “independent contractor” and so on — causation is nearly always a fact question.

Breach

Simply stated, defendants breach their duty when they fail to do what they are supposed to do. If a driver runs a stop sign or fails to yield the right of way, that is a breach of the duty of care. If a pharmaceutical company fails to warn patients about a known drug risk, that is a breach of the company’s duty of care.

Cause in fact

Often, a defendant argues that the breach of duty did not cause the plaintiff’s damage. A driver may admit hitting another vehicle, but argue that the victim’s leg injury was a preexisting sports injury that was not caused by the collision.

Proximate cause

Proximate cause is a difficult concept, and perhaps best explained by a 100-year-old court case. “Poor Mrs. Palsgraf” was waiting for a train in Long Island with her two daughters. As the train left, two railroad porters tried to help a man onto the train. As the porters jostled the passenger, the passenger dropped a package of fireworks. The fireworks exploded, and Mrs. Palsgraf suffered a “nervous disorder.” When Mrs. Palsgraf sued the railroad company, the court determined that the porters did not proximately cause Mrs. Palsgraf’s injury. Other intervening causes may include a criminal act or a third driver in a multi-car pile-up.

Anytime you are injured in an accident, whether you are on a railroad platform or anywhere else, speak to an attorney right away. A lawyer can help you get in to see a doctor and help you preserve any legal rights you may have. Contact McPhillips Shinbaum today for your free consultation.

Damages in a Negligence Case

November 19, 2013/by Amy Strickland

The final element in your negligence case is damage. The other elements — duty, breach, cause-in-fact and proximate cause — may all be clearly established, but if there are no damages then there can be no negligence lawsuit. Your damages can fall into one of several categories.

Economic damages

The typical car accident costs a lot of money. Those damages include:

Property damage. Even a minor bump or scrape can cause hundreds of dollars in damage to your car. A moderate or severe accident can cause thousands of dollars or even total your car. If you must replace your car, the replacement cost is part of your economic damages. Even if you keep your car, the defendant is responsible for your car’s reduced resale value due to the accident and subsequent repair.
Lost wages. Many victims must miss work both due to the immediate injury, and also to visit the doctor for follow-up visits and therapy sessions. In more severe cases, the plaintiff may be disabled or dead and unable to return to work at all.
Medical bills. Reimbursable medical expenses include past medical expenses, current medical expenses and also future medical expenses. While past and current medical expenses are easily established, an expert witness is usually needed to accurately predict your future medical expenses.
Exemplary damages. Depending on the facts of your case, punitive damages may be available to punish the defendant and deter future wrongful conduct.

Noneconomic damages

In addition to the actual monetary costs, there are emotional costs as well. Your damages include fair compensation for pain and suffering, loss of consortium, loss of enjoyment of life and other injuries which have no fixed price tag.

For total representation in your negligence case, contact the personal injury attorneys at McPhillips Shinbaum to schedule your free consultation.

Pedestrian Killed in Far Northeast Atlanta

November 5, 2013/by Amy Strickland

The Hall County Sherriff’s Office reports that a pedestrian was killed in a Hall County personal injury accident in the early morning hours of Tuesday, September 3, 2013.

The victim was crossing State Road 211, near State Road 53, when she was hit and killed by an oncoming car. State Road 211 was closed for some time as authorities gathered evidence and spoke with witnesses.

Serious pedestrian accidents such as this are all too common, especially on roads where the pedestrian must walk on the shoulder or cross traffic without a light. The National Highway Transportation Safety Administration (NHTSA) further points out that most pedestrian deaths occur between 3:00 a.m. and 6:00 a.m., or during the weekend, when motorists are less likely to be looking for pedestrians. NHTSA predicted that the overall number of pedestrian-vehicle accidents may fall, but that the injuries suffered in these incidents may become more severe.

Common Causes of Pedestrian Accidents

Like most other motor vehicle accidents, many pedestrian-vehicle accidents may share one or more common causes:

Distracted Driving. Even if motorists are aware that pedestrians may be in the area, drivers may still be too distracted to adequately look out for pedestrians. Most pedestrian victims are either under age 10 or over age 65, perhaps underscoring the fact that drivers are simply not watching carefully enough.
Speed. Although the incidents of pedestrian-vehicle accidents increases as the speed limit increases, less than 10% of pedestrian-vehicle accidents involve excessive speed. These statistics suggest that speed is more of an indirect factor. Drivers are watchful for pedestrians on neighborhood streets and side streets, but tend to ignore pedestrians on major roads and highways.

If you or a loved one has been injured in a pedestrian accident, regardless of the cause, speak to the experienced attorneys at McPhillips Shinbaum to preserve any rights to recovery you may have.

Fatal Accident in Huntsville Raises Third-Party Liability Questions

October 15, 2013/by Amy Strickland

A father and son have both denied responsibility in a recent fatal traffic accident in Huntsville.

Court documents state that Richard Scarano allowed his son Gunner Scarano to drive the family truck. The younger Scarano was involved in a collision in south Huntsville that killed a 10-year-old boy and injured two others. The lawsuit names both father and son as defendants, alleging that Gunner caused the accident and that Richard negligently entrusted the vehicle to Gunner.

Third-party liability

This case illustrates the point that the person behind the wheel may not necessarily be the only responsible party. Given the high number of uninsured and underinsured motorists, third-party liability can be a very important component of your negligence case. A third party may be responsible for your injuries in several situations, among them:

Negligent entrustment becomes a factor if a person entrusts a vehicle to an incompetent or reckless driver — such as an underage or intoxicated driver — the entrusting party may be responsible for damages caused in an accident.
Respondeat superior applies if an employee commits a tort (such as an auto accident) during the course and scope of employment. Alabama has special definitions for each of these terms.
Dram shop liability, or saloon owner liability, comes into play if a shopkeeper either serves a minor or knowingly serves an intoxicated person, and that person subsequently causes an accident. A business owner may also be liable if a person was served alcohol “contrary to the provisions of law,” such as serving alcohol in a dry county.

The attorneys at McPhillips Shinbaum have been protecting the victims of motor vehicle collisions in Alabama since 1978. Call today to schedule your free consultation with an experienced attorney.