Each day, school buses across the nation carry more than 25 million students to and from school and activities. The school year has been back in full swing for two months in some places, and many children are spending extra time on school buses for sports and field trips. But, are your children really safe on school buses?

In reality, school bus accidents are rare. According to the National Highway Traffic Safety Administration (NHTSA), 327 children lost their lives in school bus-related accidents between 2004 and 2013. That might seem unacceptably high, but of this number, 147 children were in other vehicles, 125 were pedestrians or cyclists, and 54 were on a school bus. Still, there’s always room for improvement.

Improving Alabama School Bus Safety

Despite the figures that favor the safety of school buses, there are some real concerns. The NHTSA itself believes that there are several ways that schools and school bus companies can improve safety. Their recommendations include:

• Paying extra attention to loading and unloading zones. More school bus-related accidents and injuries occur while buses are loading and unloading children than when they are driving on the road. When drivers fail to see children in a blind spot, in front, or behind the bus, they are more likely to hit or even run over a child, causing serious injury or death.
• Reducing driver distractions. Just as with passenger vehicles, distracted school bus drivers can cause some serious if not deadly accidents. The NHTSA recommends that policies be in place to prohibit such things as texting or interacting with passengers while driving so that buses are as safe as possible. In fact, it is now illegal in the state of Alabama to use a cell phone while driving to send or receive text messages.
• Requiring seatbelt use. Another way to increase the safety of school buses is to have seatbelts on the vehicles and require their use. The NHTSA believes that all school buses should have seatbelts, but the federal governments and most state governments have done little to further these initiatives.

Large school buses around the nation still don’t require safety belts. This is not the case, however, with smaller school buses. According to the NHTSA, the weight of larger school buses provides a measure of safety as a heavier bus will distribute crash forces differently than a passenger vehicle. Smaller school buses, under 10,000 pounds, are different. These need to have safety belts, either lap or shoulder belts, to provide additional crash protection.

Ways to Keep Your Children Safe Around School Buses

School bus companies and school districts must do their part to keep the transportation experience as safe as possible for children. There are also several ways that parents, and even children, can help prevent dangerous school bus accidents. Because most accidents occur outside the bus, here are five safety precautions to keep in mind courtesy of the National Safety Council:

1. As the bus is approaching, children should move back from the road to line up.
2. Children should not move towards the bus until it has come to a complete stop and the vehicle’s doors have opened.
3. When getting off of the bus, children should cross the street at least 10 feet in front of the bus for the most visibility. Have children make eye contact with the bus driver before beginning to cross. Children should still look out for unexpected traffic.
4. If a child must cross the street where there is a visual obstruction, such as a parked car, the child should carefully move to where others cars can see them before beginning to cross. Again, children should always look for traffic and look both ways before crossing the road.
5. Always stay away from the rear wheels of the bus.

Who is to Blame When a School Bus Accident Occurs?

When a school bus accident does happen, the result can be serious and life-changing. Depending on the situation, the fault could lie with any number of parties. These include:

• The school bus driver
• The school bus company
• The school district
• Another driver
• The bus manufacturer
• A parts manufacturer
• The school bus maintenance company

When there is potentially more than one party at fault in an accident, a case can become complicated. Whatever the cause of a school bus accident, if your child is injured, you may be entitled to compensation for damages.

Contact the Alabama school bus injury attorneys at McPhillips Shinbaum today at 334.262.1911 or online to schedule a free consultation to discuss your case.

In personal injury cases, the injured party has the burden of proof. This means that a victim in an accident must show that they’ve suffered damages because of someone else’s negligence. That other party is called the defendant in a personal injury case. Even if you have clear testimony, solid proof, and witnesses, you may still need additional evidence to make your case. This is often where the testimony of an expert witness can help.

What is an Expert Witness?

An expert witness is a person that has specialized knowledge in a particular field that qualifies as being beyond the knowledge of the average person. Expert witnesses can provide testimony in both criminal and civil cases and their testimony may be used to either prove or disprove a claim. Expert witnesses are not the same as fact witnesses or an accident eyewitness.

A fact witness provides testimony that doesn’t involve expertise or require any special training. They simply tell the court what they heard or saw with respect to the case. Expert witnesses, on the other hand, can provide their opinion on certain issues in a lawsuit. The expert must be qualified as an expert in their field before they can give admissible opinions in a case.

Types of Expert Witnesses for Personal Injury Cases

Many types of expert witnesses might be used in a personal injury case. There are two classifications of expert witnesses: consulting experts and testifying experts. A consulting expert might help explain key facts and issues involved in a case to a legal team, but they won’t actually testify in court. A testifying expert is someone who will provide sworn testimony in court to either prove or disprove a legal point.

The specific types of experts called in to help with personal injury cases include:

• Physicians and other medical experts
• Psychiatry and mental health
• Accident reconstruction
• Engineering
• Manufacturing
• Technical Fields
• Vocational Training
• Toxicology
• Forensics
• Economics
• Other specialized areas

 The Role of an Expert Witness in a Personal Injury Case

When pursuing just compensation in a personal injury case, the defendant will often claim that they were not to blame for the accident or the resulting injuries. In these cases, expert witnesses can testify and explain how an accident occurred as well as the ways that the plaintiff’s injuries and damages were caused by the accident. Expert testimony is often used to help attorneys address both the issue of liability as well as the full extent of damages.

• Expert testimony to address liability– Whether the case is an auto accident, or products liability claim, the factors leading up to and causing an accident can sometimes be complicated. Expert witnesses can play a critical role in demonstrating and explaining how an accident was caused through recreation and explanations of complicated factors in laymen’s terms.
• Expert testimony to address damages– When the issue of the scope of injury is in question, expert witnesses can address this for the courts as well. Medical professionals can speak to the nature and extent of injuries as well as the degree of future care necessary. Vocational experts can give opinions about the ability of the plaintiff to earn a living or their need for retraining services.

Choosing the Best Expert Witness for Your Personal Injury Case

Expert witnesses are so important to some personal injury cases that they can make the difference in a judge’s or jury’s decision for or against a plaintiff. For this reason alone, it’s important to choose the best expert witness for your case. Expert witnesses must have no conflicts of interest in the cases that they work on, nor should they have anything in their past that can be used to discredit them. Witnesses may be asked unexpected questions by the other party, so they should be personable and able to think quickly on their feet.

Your experienced Alabama personal injury attorney from McPhillips Shinbaum will make sure that you have expert witnesses with impeccable credentials as well as those that are ready to provide qualified and credible testimony in front of a judge or jury.

Contact the Skilled Personal Injury Attorneys at McPhillips Shinbaum

If you have a personal injury or wrongful death case of any kind, the experienced attorneys at McPhillips Shinbaum, LLP understand what it takes to protect your rights and will work hard to pursue the compensation you deserve. Contact us today at (334) 262-1911 or online to schedule a free consultation to discuss your case.

Sustaining serious injuries in a car accident in Alabama can be a truly devastating experience. In the aftermath of a car wreck, many victims are faced with massive medical bills, as well as severe pain and suffering that can last for a lifetime.

Ultimately, the best way to recover compensation after sustaining injuries in an accident in Alabama is by filing a claim with the assistance of a dedicated Alabama personal injury attorney. But before you do, it is best to fully understand the economic impact that serious injuries may have on you, both now and in the future. To be sure, by obtaining a complete picture of how these injuries may affect your life, you will be in a better position to pursue the compensation to which you are rightfully entitled.

Common Injuries Sustained in Car Accidents in Alabama

In some cases, accidents cause no more than a few cuts and scrapes that require little to no recovery. Far too often, however, car wrecks lead to devastating injuries that have lasting impacts, a handful of which are listed below:

• Lacerations;
• Broken bones;
• Muscle strains and sprains;
• Burn injuries;
• Traumatic brain injuries(TBIs); and
• Amputations

Many, if not all, of the injury types listed above will force the victim to undergo thorough medical treatment to recover, and some accident victims may never fully recover from their injuries. For example, while lacerations and broken bones may heal over time, TBIs and amputations will last for a lifetime and will require the victim to entirely modify their lifestyle in order to adapt to their new situation. Of course, herein lies the benefit of the legal system, which allows victims to pursue compensation that will cover their current and future medical bills, as well as provide for them in the future if the effects of their injuries are long lasting.

Naturally, however, this begs the question: How is it possible to determine the lasting effects of an injury sustained in a car accident?

Calculating Economic Damages for Injuries with Lasting Impacts

It is nearly impossible to associate a lifetime monetary value with many of the injuries listed above. Indeed, injuries such as traumatic brain injuries, amputations, and those that lead to other disabilities require the victim to modify their lifestyle entirely, and may rob them of the ability to work and provide for themselves or their family. In this case, the victim, with the help of a skilled Alabama personal injury attorney, should begin working to create a comprehensive list of damages suffered in the car accident, as well as how they will impact the victim’s life both now and in the future.

Take, for example, an accident that leads to an individual suffering a TBI. The initial valuation of the damages may appear fairly simple, as it will include any immediate medical bills incurred by the victim, as well as lost wages due to time spent away from work while they recover in the hospital and after being discharged.

Going forward, however, the valuation becomes more complex. Specifically, because the victim suffered a TBI from which they may never fully recover, they must determine how this may affect their future work life; if they conclude that the injury will hinder their productivity at work, they must include this calculation in their claim with a determination of the value of this damage. Furthermore, the TBI victim may be required to undergo routine medical exams for the rest of their life; as such, they must reasonably calculate their expected medical costs and pursue due compensation, as well.

An Attorney is a Valuable Tool in Calculating the Economic Impact of Injuries

Overall, perhaps the best way to obtain the compensation to which you are rightfully entitled in the aftermath of a serious car accident in Alabama is by enlisting the services of a skilled Alabama personal injury attorney. A personal injury attorney with significant experience will be able to assist you in determining the lasting impact your injuries will have on your life, and arrive at a monetary value that you can pursue in your claim. McPhillips Shinbaum has established relationships with experts who have the experience and skill to readily determine the future value of an injury.

Contact an Experienced and Skilled Alabama Injury Attorney

Don’t face the legal system or an insurance company alone if you have been injured in the Montgomery area. Instead, reach out to the legal team at McPhillips Shinbaum, LLP for a free case evaluation and to learn how we can assist you moving forward. Call us at (334) 262-1911 or contact us by using our online contact form.

No one plans to get involved in a car crash when they leave their home to head to work, do some grocery shopping or visit family. Yet, this is exactly what happens to millions of people each year. In the U.S., there are more than 5 million car crashes annually, with nearly half involving injuries. It’s a safe bet that many of these crashes create some property damage at the very least, while most victims are left with medical bills, property damage, lost wages, and even permanent disability.

If you’re involved in a car accident in Alabama, we want to make sure that you get the best care possible while protecting your rights. It’s no secret that large insurance companies want to minimize their risk, which means avoiding large payouts if possible. Even if you are unsure about fault, it is important to take specific measures to safeguard your right to compensation. Here are the steps that you should take immediately following a car accident.

1. Get to Safety
There is a common misconception that everything should be left in place after a motor vehicle accident. In some cases, it’s ok to leave your vehicle where it lies, but in others, it’s best to move to the side of the road so that you don’t cause additional accidents. Even if you don’t move your vehicles, make sure that all occupants are safely out of the roadway as quickly as possible so that no one is further injured.

2. Call the Police
You should always call the police when you’ve been involved in a car accident. Even if there is only minor damage to your vehicle and you believe that there aren’t any injuries, it’s important to have the accident recorded by an official third party. Eyewitness accounts can change quickly, so it is a good idea to get an official accounting of what everyone saw before, during and after the crash.

For example, the other driver might say that they aren’t injured and then report severe neck pain a week later. Likewise, you may not think that you have serious injuries or property damage and then realize that this isn’t the case hours or days later. An official police report can help resolve any future disputes so be sure to request a copy of your Alabama Uniform Traffic Accident Report.

3. Document Everything
While you are still at the accident scene, document as much about the accident as possible. If you are injured and unable to do this, ask a passenger or even a witness if they will help with this important task. Take pictures of both vehicles and any damage. Photograph the surroundings and take pictures of injuries if possible. Collect the name, address, and phone number of all involved parties and witnesses. If there is a later dispute about negligence in an auto accident case, you’ll be glad that you took the time to gather this important evidence.

4. Seek Medical Attention
Getting prompt medical attention for your injuries should be one of your top priorities after a car crash. If you are seriously injured, ask someone at the scene to request an ambulance. Even if you don’t need to be taken to the hospital by ambulance, it’s important that you either go to the emergency room or call your family physician as quickly as possible for treatment of your injuries.

Some auto accident victims mistakenly believe that they didn’t suffer any injuries as a result of the crash. When an accident occurs, our adrenalin level spikes and this can mask the onset of pain from muscle strains or other serious issues. When you do seek treatment, follow your doctor’s recommendations and keep copies of all medical records and bills.

5. Notify the Insurance Company
Once you are at home or a safe location, you’ll need to report the accident to your auto insurance company. You can also contact the other driver’s insurance company if you believe that they were at fault in the accident. Reporting the accident is necessary to provide “proper notice,” so that the insurer can’t later deny your claim.

6. Seek Legal Advice
Auto accidents in Alabama can become complicated for a variety of reasons. If there were multiple vehicles involved in the accident, there might be a dispute about fault. The negligent party’s insurance company might not want to pay or may try to get you to settle for less than your claim worth. In an Alabama auto accident case, it is important that you seek qualified legal advice and do so quickly.

Our experienced Montgomery auto accident attorneys are happy to discuss the specifics of your case during a free consultation. Contact the experienced Alabama car accident attorneys at McPhillips Shinbaum. Contact us at (334) 262-1911 or by using our online form to schedule an appointment.

Motorcycle accidents happen more frequently than they should in the state of Alabama. In fact, in a single year in Alabama, there were 92 fatal crashes involving motorcycle or moped riders, according to the Alabama Department of Transportation. These accidents, even when they are not fatal, can have devastating consequences for motorcyclists and their families, resulting in expensive medical costs, disability, lost wages, pain and suffering, and more in many cases.

Because Alabama is an at-fault insurance state, and all drivers and motorcyclists are required to carry liability insurance, if you are in a motorcycle accident caused by another driver, that driver’s insurance is typically responsible for paying damages. But what happens in the event that you are partially to blame for your accident?

 Situations Where You May Be Partially to Blame

Even when fault for an accident seems obvious, an insurance adjuster may be able to use evidence against you to establish that you were partially to blame. There are two types of negligence of which you may be found guilty:

Negligence per se. Negligence per se is the breach of a law or ordinance. As it pertains to motorcycle accidents, you could be found partially to blame for your crash if:

• You weren’t wearing a helmet (Alabama law requires all motorcycle operators and passengers to wear protective headgear);
• You were lane splitting (riding between lanes of traffic or between rows of vehicles);
• You and other motorcyclists were operating your bikes more than two abreast in a single lane; or
• You were breaking any traffic law, such as speeding, drinking while driving, etc.

General negligence. You may also be found partially at fault for an accident if you committed an act of general negligence – the failure to execute a reasonable duty of care and this act contributed to your crash. Examples of general negligence might include:

• Operating your motorcycle while distracted;
• Operating after having a single drink (even if your BAC is below the legal limit);
• Operating at an unsafe speed for conditions (even though under the speed limit); or
• Performing an unsafe maneuver.

Negligence Is a Bar to Recovery

All states have negligence laws on the books, which dictate how a claimant’s/plaintiff’s own negligence affects their ability to recover compensation. Most states allow for recovery even when a plaintiff contributes to their injuries. However, Alabama is not one of them. Alabama is a pure contributory negligence state, which means that if a plaintiff is found to be at fault for their injuries in the slightest, even one percent, they are completely barred from recovery. This means that even if the driver who hit you was 99 percent to blame, you may be unable to recover compensation if your one percent of fault can be proven.

The Importance of Protecting Yourself

Alabama’s pure contributory fault laws are unusually strict, and they require motorcyclists to do due diligence when riding and navigating the claims process. Some things to keep in mind:

• Always operate your motorcycle safely and within the parameters of the law – do not give a court reason to reject your lawsuit based on a small error;
• Carry medical payments insurance coverage, which will help to pay for your injuries after a crash regardless of fault; and
• Hire an experienced Alabama motorcycle injury attorney – when you need to recover compensation after a motorcycle accident in Alabama, you need an attorney on your side who knows how to prove the negligence of other parties and negotiate for compensation that addresses your losses.

Contact Our Law Firm Today

At the law offices of McPhillips Shinbaum, LLP, we know that you can’t afford to have your claim denied because of a small act of fault – or an accusation of fault – on your part. When you hire our law offices, our experienced and knowledgeable Alabama motorcycle accident attorneys will immediately get to work building your claim and helping you to recover every penny you deserve. We collect evidence to improve your chances of winning your claim or lawsuit if your case goes to court.

Our Alabama motorcycle attorneys are ready to meet with you. Write us a message or call our offices directly at 334-262-1911 for a free consultation. Remember, help is only a heartbeat away.