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Make Every Month Safety Month

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An ounce of prevention is worth a pound of cure. Although a simple statement, the thought applies well to accident prevention and legal remedies. Putting a focus on safety saves lives and lawsuits.

Sponsored by the National Safety Council, June was National Safety Month. The theme for 2013 was Safety Starts With Me. The goal was to urge individuals to take their own safety, and the safety of co-workers, family and friends into account throughout daily life. Each week offered a safety theme like understanding slip and fall accidents, emergency preparedness, ergonomics and employee wellness.

Our firm works hard to obtain compensation for clients injured in many ways. Consider these points about accidents in the United States:

  • Fires are the third leading cause of deadly home injury in the country. The youngest and oldest family members are the most vulnerable. In 2010, a person was injured in a fire about every 30 minutes and a person died in a fire approximately every 169 minutes. Fire prevention, including installation and proper operation of smoke alarms, does not make headlines until tragedy occurs.
  • From pills to pesticides, unintentional poisoning kills over 80 people per day. Poison can be eaten, inhaled, or absorbed through the skin.
  • About 200,000 children are treated in emergency rooms for a fall-related injury each year.
  • According to the Centers for Disease Control and Prevention (CDC), about 800,000 people are treated for dog bites every year. Understanding leash laws and responsible pet ownership is essential for keeping your children and your dog safe.

Preventing painful accidents is better than putting life back together after the injury, disability or the death of a loved one. Every month should be National Safety Month. If you are injured through the negligence of someone else, talk to an experienced personal injury attorney in Alabama.

 

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What to Do After a Hit and Run Accident

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Under Alabama law, anyone who is injured in an accident that results from the reckless or negligent actions of someone else is entitled to compensation for medical expenses and other losses. In a car accident, the insurance company representing the at-fault party typically ends up paying these damages. But what happens if you are injured in a hit and run accident?

Hit and run accidents account for 20 percent of cases where a pedestrian is struck by a car, as well as many auto collisions. It is illegal to leave the scene after an accident in Alabama, but a driver might flee for a variety of reasons:

  • Not licensed
  • Not insured
  • Driving under the influence of alcohol or drugs
  • Driving a stolen vehicle
  • Avoiding police because of an outstanding arrest warrant

According to an analysis of accident reports by the American Automobile Association (AAA), 18 percent of fatal car crashes involved drivers without a proper license, including licenses that had been revoked or suspended after previous traffic violations. The organization estimates that half of the drivers who disappear after a fatal hit and run are unlicensed.

If you are involved in a hit and run auto accident, your first priority is to get medical attention and contact the police. If possible, you should also do the following:

  • Get the names and contact information of any witnesses
  • Write down all the details of the accident that you remember
  • Document the scene of accident with photos or video
  • Contact an experienced auto accident lawyer

Any clues about the identity of the at-fault driver or vehicle can help law enforcement track them down and arrest them. An experienced attorney can offer help with investigating the hit and run accident and, if necessary, negotiating a fair compensation deal with your own insurance company.

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Understanding the Brain — and Brain Injuries

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Currently there is no cure for the often permanently disabling damage of brain trauma. But in April of this year, the White House announced an expansive initiative to explore brain function, map its circuitry and develop new ways to address brain injury and diseases like Alzheimer’s and Parkinson’s.

Brain Research Through Advancing Innovative Neurotechnologies (BRAIN) was announced by President Obama in April of this year. The President hopes to spark innovation that will help current patients prevent future brain injury and provide long-term job opportunities. By plumbing the depths of how we think, it is hoped this ambitious project will lead to scientific development on the level of our quest to reach the moon more than 43 years ago.

Initial research monies will go to:

  • Approximately $50 million will be routed to The Defense Advanced Research Projects Agency (DARPA) to develop innovative technologies based on discoveries in brain structure and function
  • The National Institutes of Health (NIH) will receive approximately $40 million to assist with research and resource development
  • The National Science Foundation (NSF) will fund research in the physical, social, biological and behavioral sciences with approximately $20 million in start-up funds

This is an initiative for our times that seeks to help the world without by finding answers within. Time will tell if, like many other great ideas, the results fall short of the vision. For victims of brain injury, while new science helps each year, another giant leap for mankind could give hope where currently there is none.

If you or a loved one suffers head or brain injury, always seek experienced legal counsel.

 

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Distracted Driving: Hands Free Does Not Mean Risk Free

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Today’s motorists have hands-free mobile devices and fixed communication and entertainment systems in their cars. Is all this new technology safe?

According to a new study by the Automobile Association of America (AAA), the answer is decidedly no. The study used advanced technology to measure not only the physical, but mental distraction faced by drivers challenged by cell phones, radios and infotainment units built into their cars. Participants performed three tasks in different environments and under different conditions.

The research identified three types of distraction, eyes off the road (visual), hands off the wheel (physical) and mind off the road (mental). AAA sought to evaluate the common belief that hands-free communication is considerably safer than the use of hands-on cellular technology.

Some startling results of the study include:

  • Motorists using hands-free cell phones to send messages are approximately two times more distracted than drivers who do not use cell phones. They are three times more distracted if using an in-dash computer or communication system.
  • The study identified sources of cognitive distraction that included listening to the radio or an audiobook, talking with a passenger, talking on a cell phone or hands-free phone or interacting with a speech-to-text dash system.
  • Cognitive distraction caused decreased neural activity and visual scanning, increased reaction time and a higher number of missed cues, or inattention blindness.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving contributes to more than 3,000 deaths per year. Even as manufacturers rush to design more sophisticated car communication systems, this research recommends limiting and disabling such technology along with educating drivers about the pressing danger of cognitive distraction.

While a marvel, the human brain cannot truly multi-task. Stay off any phone and keep your attention on the road. If you are injured by a distracted driver, get good legal counsel.

 

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What Are My Rights if I am Injured in a Store?

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A customer at a fast food restaurant in Hawaii was awarded damages worth $5.67 million after she slipped on the floor of the restaurant. At the time of her accident, Beverly Munguia was sitting at a table enjoying a meal with several family members at a branch of McDonald’s in Maui when she stood up to get a drink. As she placed her left foot on the floor to walk, she slipped on a wet spot and lost her footing, landing on her buttocks. She immediately felt severe pain and a trip to the hospital revealed she sustained a fracture in her lower back. She underwent surgery but is now unable to walk normally and is largely confined to a wheelchair. Mrs. Munguia sued the restaurant owner for negligence in failing to take reasonable action to discover and remove the slippery spot.

When can I sue under premises liability law?

If you are injured on business premises in Alabama under certain conditions, you may be able to recover damages for negligence. Premises liability law holds property owners and managers responsible for keeping premises safe and free from hazards and for warning the public of potential dangers. Whether you can file a lawsuit against the occupier depends on the circumstances of your injury. In general, you can file a premises liability lawsuit if you:

  • Slipped or tripped due to a foreign substance on the premises
  • Slipped or tripped due to the defective condition of the premises
  • Were injured by spilled or falling merchandise
  • Were attacked by a person due to lack of proper security on the premises

In all three cases, you need to be able to show that the injury was caused by the dangerous or defective condition of the premises. In cases of slipping on a foreign substance, like what happened to Mrs. Munguia, you also need to demonstrate that the store either knew of the dangerous condition or would have known had they taken reasonable action. The store could have a viable defense if the dangerous condition was open and obvious and you were injured because you did not take reasonable care.

Get a fair settlement

Your injuries could affect you for the rest of your life. Arrange a consultation with a compassionate personal injury lawyer to learn more about your rights under Alabama law.

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Rental Car Accidents and Insurance

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When you drive a rental car, you are likely to be in a city or state where you are unfamiliar with the roads or the laws. If your rental car is involved in a collision, it can be very stressful and you may be uncertain of your legal position. It is important to understand the process for handling rental car accidents and what to expect from the insurance company.

What happens if my rental car is in an accident?

If you are involved in a collision while driving a rental car, you may have to pay at least part of the cost of repairs for the damage you caused even if you were not the driver at fault. When you rent a car, the rental company requests proof of insurance to check that you have at least the minimal level of liability insurance required by Alabama law and to find out how much your deductible is.

Does my insurance cover the damage?

To a large extent, your liability depends on the insurance option you chose when you rented the car:

  • Declined further insurance. Many car insurance policies provide coverage for rental cars, but if you are subsequently involved in a collision you are required to pay the deductible to the rental company up front, even if you were not at fault. If your policy does not provide coverage for the cost of renting a replacement car after a collision, you have to pay the rental company for the number of days the rental car is out of action due to repairs (loss of use). Even if your policy does provide rental car coverage, it may be limited in value, and you may have to pay the difference to the rental company.
  • Extra insurance. If you bought extra insurance, the policy may cover all damage to your rental car and any other damaged car, even if you were at fault. This depends on the exact terms of the policy. You may have to pay the deductible in some cases. If the extra insurance provides only limited coverage, your insurance policy on your own car usually bridges the gap.
  • Collision damage waiver (CDW). If you purchased CDW, all damage to the rental car itself is covered. However, it does not necessarily cover your medical costs for injuries or damages to another car if you are at fault. CDW often does not cover damage to tires or the chassis, and you may still have to pay a reduced deductible for the damage to the rental car.

Don’t let insurance companies take you for a ride

Insurance companies do their utmost to avoid paying settlements even when they should. Make sure you hire a dedicated Alabama auto accident lawyer who knows how to handle insurance claims.

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Can I Sue for Wrongful Death?

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The family of former hockey enforcer Derek Boogaard has filed a wrongful death lawsuit against the NHL. Boogaard died in May 2011 from an accidental painkiller overdose, drugs the family says the NHL heedlessly supplied him with. Boogaard was drafted to provide NHL fans with entertainment through his fighting skills, which took its toll and caused him to need regular painkillers. It is alleged that the NHL negligently allowed him to get addicted and failed to take care of him when he became an addict.

When can I sue for wrongful death?

Under the Code of Alabama, (Section 6-5-410) you can bring a lawsuit for wrongful death as a personal representative of the deceased against a person or corporation, for an act, failure to act or negligence which caused the death. You must commence the lawsuit within two years of the date of death.

How are damages distributed?

Wrongful death is a civil remedy, so if your lawsuit is successful a jury awards damages. The damages are distributed to heirs in accordance with the Alabama Statute of Distributions. This provides rules for how assets should be distributed if a person dies without a will, but also applies to damages from a wrongful death lawsuit even if the deceased had a will. The order for distribution depends on the surviving family members:

  • A surviving spouse has first priority on the distribution of damages and receives at least half of the damages in all cases, up to a maximum of all damages if there are no surviving children or parents.
  • Surviving children that are also children of a surviving spouse receive equal shares of the remaining damages after the spouse has received the first $50,000 and half of the remainder of the damages.
  • If there is no surviving spouse, surviving children share the damages equally.
  • In the absence of a surviving spouse or children, the damages award is shared by surviving parents.

If you have lost a loved one and think it may have been caused by negligence, arrange a consultation with a compassionate Montgomery wrongful death attorney.

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Bicycle Riders Can Lose Rights if They Disobey the Law

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Did you know that May was National Bike Month? As the weather warms each year, biking becomes more and more popular and people take to the roads with their bikes. Unfortunately, every year we see far too many collisions between cars and bicycles, resulting in serious injuries and even fatalities.

Alabama law regulates the riding of bicycles just as it does other vehicles. Cyclists who violate Alabama bicycle laws may be found to be at fault and be barred from recovering compensation from a negligent driver because of their own contributory negligence.

In general, all driving laws that apply to motor vehicles also apply to bicycles, including respecting the direction of traffic, stopping at stop signs and red lights, and yielding when required. There are also rules specific to bicyclists:

  • Riding on the right. Bicyclists must ride as close to the right side of the road as possible
  • No more than two abreast. Cyclists on a road cannot ride more than two abreast unless they are on special, bike-only paths
  • Using the bike paths. Whenever there is a usable path for bicycles near the road, a bicyclist may not ride on the road and instead must ride on the bike path
  • No undue burdens. Bicyclist may not carry anything that prevents them from keeping one hand on the handlebars
  • Have proper equipment. A bicycle must have proper equipment, including a functional brake, a white front light that is visible at least 500 feet in front of the bike and a red rear reflector that is visible in the headlamps of a car from between one hundred and six hundred feet away

If you have been injured in a bicycle accident, contact us to see how our personal injury lawyers can help fight for your rights and get you compensation for your injuries.

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Head Injuries Are Nothing to Brush Off

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Chris Wilson, a Jefferson County deputy sheriff, was thrown from his motorcycle in 2004. Landing on his head, he broke his neck and back. He also received a traumatic brain injury that put him in a coma for five days and in recovery for years.

To this one story, however, there is a good ending. Wilson has made great progress and is planning a bicycle ride across Alabama to raise awareness for traumatic brain injuries.

Head injuries are commonly caused by car and motorcycle crashes, as well as by slips, falls, sports collisions and other accidents. Understanding more about head injuries enables us to understand the potential symptoms and empowers us to get medical treatment as soon as possible.

The brain is protected by the hard bone of the skull on the outside and a protective layer of fluid on the inside. Together these provide some natural protection for the brain. Nonetheless, even a seemingly small head injury can still cause damage.

One of the most common types of head injuries is called a concussion, when, as a result of a blow to the head, the brain strikes the inside of the skull causing bleeding or bruising. Common symptoms of a concussion include:

  • Dizziness
  • Headaches
  • Nausea and vomiting
  • Trouble with cognitive skills such as memory, thinking and balance
  • Loss of energy
  • Blurred vision
  • Loss of consciousness
  • Abnormal changes to mood
  • Abnormal changes to sleep patterns

Other more serious types of head injuries can cause permanent damage to the brain, impede daily function, and even cause death. Fortunately, simple preventative measures like wearing a helmet when riding a bicycle or motorcycle and buckling up in the car can greatly increase your chances of getting out of an accident in one piece.

If you have received a head injury, get medical care immediately. If your injury was caused by someone else, our experienced personal injury attorneys are here to help you get the compensation you deserve. Contact us for a free consultation.

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Safe Driving Can Save Your Life

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On a recent morning, cars driven by Gina Lindsey and William Rhodes collided head-on on Meriweather Trail, killing both drivers. Accidents like this, which leave Alabamans injured or dead on the roads, are far too common. Indeed, even one accident like this is too many.

In our practice, we find ourselves regularly assisting victims and their families after a devastating accident. We hope that by reviewing some important safety rules, we can all drive more safely and help prevent that next accident from happening.

Drive within the speed limit

Often, this is hard to do because “everyone speeds.” But even if everybody speeds, it is still dangerous. According to the National Safety Council, more than 13,000 Americans die each year because of speeding. It is harder to stop a speeding car, and if there is a crash, the impact is greater because of the speed.

No distractions

We live in a world of distractions. Many people talk on the phone, text, and eat while driving. Children and other passengers can also distract a driver from the main goal: driving safely. Nearly 20 percent of all accidents are now caused by distracted driving.

Don’t drink and drive

Drinking resulting in even a low blood alcohol content lowers one’s awareness of the surrounding environment, and leads to poor judgment and a slower reaction time. Penalties for drunk driving become more severe each year.

Wake up

Driving while drowsy or sleepy is virtually the same as driving drunk in the way that it affects your ability to drive. The AAA Foundation for Traffic Safety reports that drowsy drivers cause one-sixth of all fatal crashes.

Wear your seat belt

When accidents do happen, seat belts save lives. Always buckle up, even if you’re only driving for a short distance. Driving without wearing a seatbelt is against the law.

If you or a loved one has been in an accident, contact us to speak to one of our experienced personal injury attorneys.