Trucking Accidents

What To Do You’re Hit By An Uninsured Driver in Alabama

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Unfortunately, car accidents can happen at any given moment in Alabama. As drivers, accidents are a risk we take every day, but many people are unaware of how many uninsured drivers they share the road with, especially in Alabama. Getting into an accident that causes injury by an uninsured driver can be a confusing process for many, as most drivers are unaware of the precautions and next steps they can take. In this blog, we will explore what to do if you’re hit by an uninsured driver in Alabama. 

Taking Precautions

The best way to avoid legal complications after getting into an accident with an uninsured driver is preparing for the possibility of an accident ahead of time. Though this sounds unfortunate, accidents do happen, and being prepared is the best way to stay ahead of any legal matter you might eventually have to deal with. Because Alabama has a high rate of uninsured drivers, it is encouraged that Alabama drivers get UM (uninsured motorist) Insurance. This insurance will cover serious personal injuries and damages following an accident with an uninsured driver, which standard, minimum coverage insurances do not do. 

After the Accident

If an accident does happen, the first thing you should do is call 911. By calling first responders, you can file a police report, which will be crucial for your claim and help you get the compensation you deserve. After calling the police, take photos of all damages at the scene and try to gather any witness reports with their information as well. By taking photos and gathering witness reports, you can submit evidence to your insurance and get the correct compensation from the accident. While these steps are important, the most important thing you can do at the scene is getting the other driver’s name, license plate number, and contact information. By doing this, you will be able to identify the party at fault. This information is essential in preventing fraud, filing claims, or filing a lawsuit in Alabama if needed. 

Next Steps

An important aspect in your legal case in Alabama is seeking proper medical attention. Most people don’t feel their injuries until days following a crash. By seeking proper medical attention early on, you and your medical provider can assess your injuries professionally and thoroughly. If injured, having proper medical records are the backbone to creating a strong personal injury claim case in Alabama. 

After your accident, notifying your insurance company is crucial to getting the legal process of handling the crash over. If the other driver asks for a recorded statement, do not give one until you have spoken with an attorney and know your rights. 

Navigating Legal Advice

When handling the aftermath of your car crash caused by an uninsured driver in Alabama, there are legal implications that can be extremely confusing for those trying to navigate the process alone. By speaking with legal professionals, you can confidently know if a personal injury settlement is the right choice for you. 

Attorney Aaron Luck and the dedicated legal team at McPhillips Shinbaum are committed to helping victims hold negligent drivers and their insurance companies accountable. We have the resources and experience to investigate complex collisions and fight for the full compensation you deserve.

Your focus should be on your recovery. Let us handle the legal burdens. To discuss your case and learn more about your options, contact us for a consultation. You can reach our Montgomery office by calling (334) 262-1911 or by completing our online contact form.

Causes of Truck Accidents in Alabama

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In the past year, the number of truck accidents with injuries has increased by 21%, with over 1,800 accidents involving trucks in Alabama in the year of 2024. When a commercial truck is involved in an accident, 86% of the fatalities and 77% of the injuries come from the drivers and passengers that were in the smaller vehicle.

Technology Distractions

With technological advancements in smartphones containing apps that GPS track, entertain you with music and videos, and communicate with people, truck accidents in Alabama are becoming more and more frequent due to the usage of this technology. With smartphones creating constant distractions for truck drivers, truck accidents on highways and streets in Alabama are a continuous occurrence.

Drivers in Alabama think they can multitask, but 25% of truck and car accidents are caused by texting and driving. An estimated 660,000 truck and car drivers use smartphones during daylight hours, leading to about 1.6 million crashes annually. Truck accidents in Alabama are grouped into these statistics, and technology is a common reason for this.

Reckless Driving

Another cause of truck accidents in Alabama stems from reckless or careless driving on highways and streets in Alabama. A larger truck takes a longer time to slow down due to its excessive weight and size. If a truck driver is trying to prevent an accident by slowing down, their chances are a lot less than those of a normal vehicle.

Some reckless driving in Alabama also comes from passing lanes and weaving in and out of traffic. If vehicles were to cut off the front of the truck or tailgate on the back of the truck, it could lead to an accident because trucks have limited ability to slow down and speed up at a fast rate. Which is why reckless driving causes accidents with trucks in Alabama.

Impaired driving or driving under the influence is a different way a truck accident could occur in Alabama. Some truck drivers take medications for their long drives to help them stay awake longer, which can cause symptoms like dizziness and drowsiness when it wears off, leaving them impaired to drive a truck. Also, at night, some people have been drinking alcohol and decided to proceed in driving, leaving them impaired and unable to drive with clarity. This is a big causation in truck accidents and vehicle accidents in general, and is never the right way to drive under any circumstances.

Responsibility and Damage in Truck Accidents

A truck accident can be tricky for a few reasons:
Several parties can be liable
Insurance companies try to minimize your damages
Property is damaged

Some parties that could be held liable during a truck accident in Alabama include the truck driver, the truck driving company, the manufacturer of the truck, maintenance companies, the other driver, or even the government agencies that did not maintain the road properly.

All of this is dependent on the individual truck accident in Alabama, but nonetheless, the truck accident attorneys from McPhillips Shinbaum, LLP can help you solve your truck accident problems.

If you have been injured or your property has been damaged during a truck accident in Alabama, most insurance companies will try to lessen your compensation, but not with our attorneys at McPhillips Shinbaum, LLP. You may be eligible for compensation from injury or damage from your truck accident inclduing medical bills, lost wages, vehicle damage, or pain and suffering.

McPhillips Shinbaum is Here to Help

If you or someone you know has been involved in a truck or motor accident in Alabama, contact us today so our professional team can aid you with your truck accident needs.

If you have any questions regarding our work or your truck accident, call our number, and we will be happy to assist you.

Choosing a Car Wreck Lawyer: What Every Driver Should Know

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Throughout Alabama, you may see innumerable billboards, bus stops, commercials, flyers, and ads promoting car accident lawyers and attorneys. This can not only be overwhelming, but also make it difficult to find a car accident lawyer that works for you, not for your money. 

Thankfully, when it comes time to choose a personal injury attorney, there are certain items to look out for to find a personal injury lawyer that fits your specific needs. Below is a quick guide on how to choose the “best” car accident lawyer from the team at McPhillips Shinbaum, a personal injury law firm serving Montgomery, Alabama, and beyond.

What is a “Personal Injury”?

Before choosing a car accident lawyer, it is important to understand what a “personal injury” is and how it ties into car wrecks, truck accidents, motorcycle crashes, and more. 

Essentially, Personal injury can include accidents, illnesses, or trauma that affect your physical or psychological status due to the negligence of another person. With injuries causing so many variable expenses, the seriousness of your case will not only be determined by the type of injury but also by the extent of it.

When to Choose a Personal Injury Attorney 

Most of the time, when it comes to a potential personal injury case, you’ll want to seek out an experienced personal injury attorney. Here are a few instances or examples of when that could be the case, though:

  • A car accident with another individual left you seriously injured and required medical assistance.
  • Another party (which could include an insurance company) is attempting to blame you for the accident. 
  • Another party is questioning the accuracy of your medical treatment or even the legitimacy of your injuries. 

When these situations arise, a dedicated personal injury attorney can not only navigate the legal legwork of your case (including extensive paperwork and gathering any necessary evidence) but also fight on your behalf. 

How to Choose a Car Accident Lawyer in Montgomery

As mentioned, with so many personal injury law firms throughout Alabama, it can be easy to choose a large firm that serves the entire state (who may also have billboards across every highway in Alabama), but be cautious. 

While large car accident firms in Alabama may promise massive settlements and successful results, every personal injury case is going to be different. So, it is important to research multiple firms before choosing the first one you may see. 

Ultimately, many local firms in Alabama may not only provide more personal representation but ensure you receive the compensation you deserve by fighting for you, not against you. Essentially, to a local firm, you are more than just a number. 

Experienced Car Accident Attorneys in Montgomery, Alabama

McPhillips Shinbaum is a personal injury firm in Montgomery, Alabama, that offers extensive experience, knowledge, and support to any individual seeking compensation from a car accident due to the negligence of another party. 

For more information, contact McPhillips Shinbaum today!

 

The Most Common Personal Injury Cases in Montgomery

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From car crashes to medical errors, if you’re familiar with the term “personal injury”, you probably understand how wide the range of situations this term covers. Yet, understanding the most common types of personal injury cases in Montgomery can make a huge difference if you or a loved one is ever hurt. Furthermore, knowing your rights and when it may be time to call a dedicated personal injury attorney can help you get the compensation you deserve. eserve.

Below is a quick breakdown of some of the most common types of personal injury cases we see here in Montgomery, from the experienced personal injury attorneys at McPhillips Shinbaum, LLP.

  1. Car Accidents

It’s no surprise that car accidents happen every day across Alabama…and Montgomery is no exception. Between congested city streets, unpredictable weather, and distracted drivers, crashes can happen in an instant, leading to minor whiplash or even life-changing trauma.

It is essential to point out that Alabama follows a “fault” system, meaning the driver who caused the accident is responsible for damages. That’s why it’s so important to document the scene, gather witness information, and seek medical attention immediately after a crash. Also, having a Montgomery car crash attorney on your side can make all the difference when it comes to proving liability and recovering fair compensation.

  1. Slip and Fall Accidents

Slip and fall accidents are another common type of personal injury case in Montgomery and across Alabama. These incidents can happen anywhere, like a grocery store, restaurant, apartment complex, event space, or even on poorly maintained sidewalks.

In Alabama, property owners have a duty to keep their premises safe for visitors. If they fail to fix hazards like wet floors, broken stairs, or uneven surfaces, and you or a loved one gets hurt as a result, they can be held liable for those injuries.

  1. Medical Malpractice

When we seek medical care in Alabama, we trust our doctors and nurses to provide safe, competent treatment. But when a healthcare provider makes a serious mistake, such as a misdiagnosis, surgical error, or medication issue, the results can be devastating.

Medical malpractice claims in Alabama are complex and require expert testimony to prove negligence. The attorneys at McPhillips Shinbaum understand how to navigate these cases, working to hold medical professionals accountable and fight for the justice patients deserve.

  1. Workplace Injuries

Depending on the nature of your job, Montgomery workers can face a variety of job-related risks from construction site injuries to repetitive strain or equipment accidents. While most employees are covered under workers’ compensation, there are cases where third-party negligence plays a role, allowing for a personal injury claim.

If you’ve been hurt on the job, it’s critical to report your injury, seek medical care, and talk with a Montgomery personal injury attorney to explore all your legal options.

Why Montgomery Trusts McPhillips Shinbaum

Navigating a personal injury claim can feel overwhelming…but you don’t have to do it alone. The personal injury attorneys at McPhillips Shinbaum have been representing victims across Montgomery and the state of Alabama for decades, fighting to protect the rights of those injured through no fault of their own.

If you or a loved one has been injured due to someone else’s negligence, don’t wait to get help. Contact the experienced personal injury lawyers at McPhillips Shinbaum today to schedule a consultation and take the first step toward the justice and compensation you deserve.

 

Why Are Pedestrian Accidents Increasing in Alabama?Why Are Pedestrian Accidents Increasing in Alabama?

Why Are Pedestrian Accidents Increasing in Alabama?

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Walking is one of the healthiest ways to get from Point A to Point B—if you’re lucky enough to live in a walkable city, you may even be able to get by without owning a car. But even if you just walk for fun and exercise, you deserve to walk freely without worrying about a rogue driver hitting you. Unfortunately, that’s not how it is for Alabama pedestrians. Pedestrian accidents are on the rise and the fallout is devastating.

If you or someone you love has been hurt in a pedestrian accident, find out if you are entitled to compensation. Call McPhillips Shinbaum at 1-866-224-8664 to set up a time to talk to our team.

What the Data Says

The best source for accident statistics in Alabama is the Crash Facts booklet, an annual publication put out by the Alabama Department of Transportation. The most recent version covers 2020 data and includes a section specifically covering pedestrian accidents. In 2011, there were 741 pedestrian crashes resulting in 589 injuries and 84 deaths. How have those numbers changed over the years?

Let’s jump forward to 2019 since data from 2020 includes the pandemic when fewer cars were on the road. In 2019, there were over 900 pedestrian accidents. These collisions led to over 70 injuries and 114 deaths. These numbers reflect a 35% increase in fatalities and a 22% increase in total collisions. Not only are crashes on the rise, those crashes are becoming more and more deadly.

Even though crash numbers are deceivingly low in 2020 thanks to the pandemic, you might be surprised by fatality numbers. Even though crashes decreased significantly in 2020, fatalities remained high—there were 97 deaths in 2020.

How Drivers Can Cause Pedestrian Accidents

In many cases, drivers are to blame when pedestrian accidents occur. Distracted driving is a huge problem in Alabama and across the country, and pedestrians often pay the price. Drivers who are glancing down at their phones or completely engrossed in text messaging may not see a pedestrian as easily as they’d see a car in their path. By the time they notice—assuming that they notice at all—it may be too late to stop. 

This is exacerbated by speeding, another common mistake made by drivers. When drivers are zipping down city streets, they don’t leave themselves enough time to come to a complete stop.

Drivers also have a problem yielding right-of-way to pedestrians. Even though pedestrians generally have the right-of-way in intersections and elsewhere, drivers often try to squeeze through rather than wait for pedestrians. This leads to preventable accidents.

Impaired driving is a significant contributing factor to pedestrian collisions in Alabama. Impaired drivers are less likely to see pedestrians, less able to respond appropriately when they do notice them, and less likely to have the motor skills needed to stop in time.

When Pedestrians Are to Blame

Although drivers may be to blame for the majority of pedestrian crashes in Alabama, it is important to acknowledge the role that pedestrians play. They have to be active participants in their own safety, rather than expecting cars to stop for them. Even if a car is in the wrong, being right isn’t worth being hit.

Jaywalking is one of the main ways pedestrians cause accidents. Drivers are far less likely to see jaywalkers than they are to see people crossing at intersections. This gives them minimal time to stop and dramatically increases the likelihood of an accident.

Some pedestrians also have a habit of ignoring walk and don’t walk signals. While drivers are technically supposed to stop to allow people to cross intersections, crossing on a don’t walk signal makes it much more likely you’ll get hit. It’s just an unnecessary risk to take.

Distracted walking is an issue much like distracted driving. Pedestrians should be cognizant of the drivers around them, what they’re doing, and their surroundings.

Injured in a Pedestrian Accident? Call McPhillips Shinbaum Today

If you or someone close to you has been hurt in a pedestrian crash, don’t wait any longer to talk to McPhillips Shinbaum. Our team is committed to helping you fight for full and fair compensation. Reach out online or call us at 1-866-224-8664 to schedule a consultation now.

Julian McPhillips smiling to celebrate his book Only in Alabama

Julian McPhillips will be at Read Herring to celebrate his newest book, Only in Alabama!

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Julian McPhillips Stands Against Dismissal

Julian McPhillips Stands Against Case Dismisal

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From the Selma Times Journal:

Following a ruling by the Dallas County Circuit Court, which dismissed all cases against the three Selma Police Department (SPD) officers indicted last year, Montgomery attorney Julian McPhillips held a press conference alongside officers Toriano Neely, Jeffrey Hardy and Kendall Thomas Thursday.

McPhillips called the ruling “historic and unprecedented” and condemned the actions of Special Agent Susan Smith of the Alabama Attorney General’s office, who presence during grand jury testimony ultimately led to the officers’ cases being dismissed.

Read the entire article at the Selma Times Journal.

 

Alabama College Campus Concealed Carry Law

Can I Carry a Concealed Weapon on an Alabama College Campus?

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What is the Alabama College Campus Concealed Carry Law? Can I carry a concealed weapon on an Alabama college campus?

In the first nine months of 2018, there were 36 school shootings in the United States, resulting in 81 injuries and 42 deaths. While some believe that more regulations are necessary to stop these events, others want to protect the lives of students and staff by allowing concealed weapons on certain campuses.

This is a hotly debated topic, and it is an issue that is currently addressed at the state level. Some states allow people, including teachers and students, to have licensed concealed weapons on campus and others don’t permit the practice. Still others have tight restrictions on who can do this and under what circumstances. In some states, the decision to allow concealed weapons on campus is left up to the individual college or campus.

The Citizens Crime Commission of New York City conducted a study on campus gun violence. It found that, between the 2010-11 and 2015-16 school years, on-campus shootings increased from 12 to nearly 30, a 150% increase. Since 2011, there have been close to 200 shootings on college campuses, with the most incidents taking place in California, Florida, Tennessee, Virginia, Georgia, and North Carolina. If you’re wondering whether you can carry a concealed weapon on an Alabama college campus, the answer is, “It depends.”

States that Forbid Concealed Weapons on College Campuses

Although many states allow citizens to apply for a concealed carry permit and have a concealed weapon on their person, they draw the line at permitting this on a college campus. The 16 states that have expressly forbidden this include:

  • California
  • Florida
  • Louisiana
  • Illinois
  • Nevada
  • New Jersey
  • New Mexico
  • Nebraska
  • New York
  • North Dakota
  • North Carolina
  • Michigan
  • Missouri
  • Massachusetts
  • South Carolina
  • Wyoming

States that Allow Concealed Weapons on College Campuses

Some states have given a blanket approval for people to conceal and carry firearms on their public college campuses. Tennessee only allows faculty to have this privilege. Both Arkansas and Georgia are the most recent additions to the states that allow faculty, students, and visitors to conceal and carry on campus. Other states that allow this include:

  • Colorado
  • Kansas
  • Idaho
  • Texas
  • Mississippi
  • Wisconsin
  • Oregon
  • Utah

States that Leave the Decision Up to the Individual College or Campus

That leaves 23 U.S. states, all of which put the decision on conceal and carry into the hands of the individual colleges or campuses. When it comes to Alabama, there have been some decisions that apply statewide.

For example, the Alabama Community College System has a rule (Board Policy 511.01) stating that no guns are allowed on the state’s community college campuses – with a few exceptions. Law enforcement officers who are either acting in the performance of their duties or who are enrolled in classes may carry firearms. Firearms are also permitted when they are part of an instructional program at the school.

The entire University of Alabama system has established a “Dangerous Weapons & Firearms Policy.” The policy expressly prohibits any “dangerous weapons” on its campuses. These include:

  • Any device that delivers or shoots a bullet, pellet, BB, dart, arrow, electrical charge, flare, or other projectile, whether loaded or not, including any devices powered by CO2.
  • Any devices or instruments that can be used as a weapon to threaten someone or inflict injury, including non-culinary knives that have a blade longer than four inches.
  • Any fireworks or other explosive devices.

The policy forbids anyone on campus from having such things as guns, rifles, ammunition, crossbows, swords, tasers, and air guns. It applies to students, faculty, staff, and visitors. The only exception applies to law enforcement officers who are on duty. Private security officers and other staff with an express purpose must receive pre-approval from the university to have a firearm on campus.

Do You Have Questions About Your Gun Rights in Alabama?

Gun laws can be complex, particularly when a regulatory body decides to make sweeping changes. Running afoul of the law when it comes to a firearms regulation can lead to some unpleasant consequences not to mention a potentially dangerous encounter with law enforcement.

If you have been accused of violating a gun law or have questions about Alabama’s laws related to firearms, contact the knowledgeable attorneys at McPhillips Shinbaum, LLP for assistance. Reach us at our Montgomery office at 334.262-1911.

Trucking Accident Attorneys - McPhillips Shinbaum

How to Avoid an Accident with a Big Rig Truck

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Crashes involving big rig trucks can be devastating and are happening with greater frequency in Alabama. Interstate commerce needs have put more tractor trailers on our nation’s roads, and they are being driven further than ever thanks to a critical driver shortage.

Because of the violence surrounding a crash involving a large commercial truck, many of these accidents involve very serious injuries and often result in loss of life. One of the best ways to stay safe on the road is to have a better understanding of the dangers of these big rigs and know how to best avoid accidents with large commercial trucks.

The Dangers of 18-Wheelers

There are roughly half a million accidents involving big rigs on our nation’s roads each year. The maximum weight for one of these vehicles is 80,000 pounds of gross weight, which is over 15 times heavier than the average passenger car. When accidents happen, they are often due to truck driver error. Some of the most common mistakes that lead to these devastating crashes include:

  • Substance abuse. Somewhere between one third and one-half of large truck drivers involved in accidents also use some type of drugs. These can impair decision-making and reflexes.
  • Driver fatigue. Another truck driver impairment and cause of accidents is the extreme fatigue that comes with working and driving too many hours.
  • Blind spot errors. When truck drivers are fatigued, impaired, or distracted, they may lose track of vehicles in their blind spots, which could lead to a serious crash.
  • Speeding is extremely dangerous in any vehicle but can have tragic consequences when a commercial truck exceeds the speed limit. Speeding trucks can cause rollover accidents, jackknife accidents, and multicar crashes that result in severe injuries or death.

 How to Avoid Accidents With Big Rig Trucks

Passenger car drivers may need to operate their vehicles more defensively around large trucks. Since a truck’s visibility and stopping time may be diminished, a passenger car driver maintains the most control over their vehicle. While this doesn’t mean that you would shoulder the responsibility for a crash, keeping yourself and your passengers safe should be a priority. Some of the things that you can do to avoid one of these dangerous truck accidents include:

  • Keep a safe distance. Many big rigs have signs and stickers warning of their limited visibility. Take these seriously. As a general rule, you should try to stay as much as four car lengths behind a truck and avoid changing lanes right in front of them.
  • Know the “no” zones. That limited visibility that trucks have is because of their blind spots that are referred to as “No Zones”. When driving near these massive vehicles, stay out of these blind spot areas, which are on all four sides of the vehicle.
  • Pass big rigs safely. Use extreme caution when you pass a big rig. If you are on a two-way road, it’s going to take much longer to pass a truck than another car, and your visibility could be limited for part of the time. Always pass on the left side, use a turn signal to announce your intentions, and wait until you are six or more car lengths ahead of the truck to re-enter the lane.
  • Give trucks space to turn. Big rigs require a significant amount of space to turn, and you risk being trapped or causing an accident if you creep up on their right side. Always use extra caution around intersections.
  • Report unsafe operation. If you ever witness a truck driving erratically, operating too fast for conditions, or driving with an unsafe load, pull over and report it to the authorities. You may end preventing a serious crash.

Speak with an Experienced Alabama Truck Accident Lawyer

Most big rig truck crashes are avoidable. While they aren’t all the fault of the truck driver, many are. If you have been injured or lost a loved one in one of these tragic accidents, the experienced Alabama truck accident attorneys at McPhillips Shinbaum, LLP, will investigate your claim and work diligently to protect your rights.

Our Alabama personal injury attorneys aggressively advocate for the rights of accident victims throughout the state. We will investigate the circumstances of your accident and pursue damages from the parties responsible for your losses. Contact our office now at 334.262.1911 or reach out to us online to discuss your case.

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school injury kids playing on a moon climber

What To Do if Your Child is Injured at School in Alabama

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As parents, when you send your children to school each morning, you’d rather not have to worry about their health and safety throughout the day. Unfortunately, school accidents and injuries are a serious problem in Alabama and throughout the country.

While the types of injuries that an elementary school student is exposed to could differ from those of a high school student, the truth is that all children who attend school are at risk when they walk into a school or participate in school-sponsored activities.

The Centers for Disease Control (CDC) reports that as many as 80% of elementary school students who visit the school nurse do so because of an injury. While some accidents can’t be avoided, others on school property are caused by unsafe conditions or the negligent behavior of another student or staff member. Unfortunately, legal liability in these cases can be complicated.

Types of School-Related Accidents

From the time your child boards the school bus in the morning until they get home in the afternoon, they could be exposed to a wide variety of hazards that could result in serious injury. As a general rule, your child’s school and the governing school board has a responsibility to keep children reasonably safe from harm. Sometimes they fail in that duty, and some of the most common school-related accidents and injuries include:

  • School bus or other school-sponsored transportation accidents
  • Food poisoning
  • Exposure to hazardous chemicals
  • Slip and fall injuries
  • Injury from defective products such as toys or playground equipment
  • Sports injuries
  • Assault by other children or an adult

In some of these cases, the accident or injury happens due to the careless or negligent acts of another party. When a child suffers harm, you have the right to ask those responsible to pay for damages.

Liability Issues in Alabama School Injury Cases

As with any personal injury lawsuit, you will need to prove negligence by showing several facts. First, you must show that the school owed a duty of care to your child. Second, you must prove that the school breached that duty of care. Finally, you’ll need to show that the breach of duty either caused or contributed to your child’s injuries.

When it comes to school activities, many accident and injury cases deal with the school’s failure to adequately supervise children. Lack of supervision can lead to playground accidents, bullying injuries, illness from unsanitary conditions, and injuries from slip and falls. These are just a few examples of the ways that a child can experience an injury on school grounds.

Who is Responsible When Your Child is Injured in an Alabama School?

If your child was injured while on school grounds or while they were participating in a school-sponsored activity, determining who is responsible for that harm can be a challenge. Because the school district has a duty to provide a safe and secure environment for your child, this is a primary consideration for any personal injury case. For example, a school bus accident could be the fault of another driver, but it’s also possible that there were some safety issues with the school bus that contributed to injuries.

The primary barrier to most school-related lawsuits involves a protection called “sovereign immunity.” Provided your child’s school is a public school, there are laws in place that give government entities immunity from lawsuits except under certain conditions. Fortunately, all states have waived this rule when the negligence of the school district and/or one of its employees causes or contributes to the injury of a student.

Before you can file a lawsuit against a school district or its employees, the state requires that you meet certain requirements and follow some specific procedures. Failing to do either could bar your claim for recovery. There are also time limits in place to file a claim for damages against a school district.

Speak with One of Our Child Injury Attorneys in Alabama

When a child suffers from an injury, a parent’s first instinct is to fight back against those responsible for the harm. Unfortunately, school-related injuries and accidents can be complex legal matters. Having a qualified and experienced child injury attorney in your corner will give you the best chance of uncovering the responsible parties and seeing justice served. Contact the Montgomery, Alabama office of McPhillips Shinbaum, LLP today at 334.262.1911 or online to arrange a free consultation.