Alabama Injury Attorneys Blog

Tragic Accident in Vestavia Hills, Alabama Prompts National Warning on Electric Safety

Tue, 15 May 2012 12:44:37 -0600

The National Fire Protection Association (NFPA) and the Electrical Safety Foundation International (ESFI) are giving public warnings regarding the dangers of outdoor electricity hazards that could pose a risk to a child's safety. This warning is in response to an accident involving a 6-year-old girl who was severely burned when she came into contact with a transformer while playing at the Liberty Park Sports Complex last April. The girl wandered through a missing board in a fence surrounding a large green transformer.

The combined efforts of The National Fire Protection Association (NFPA) and The Electrical Safety Foundation (ESFI) are part of National Electrical Safety Month, which is a public awareness campaign responsible for promoting and educating the importance of electrical safety. The campaign is responsible for educating the public on preventative measures in regards to injuries and fatalities caused by electrical fires.

The National Fire Protection Associate (NFPA) and the Electrical Safety Foundation (ESFI) are offering the following tips for parents to enforce to their children this summer to ensure that they avoid electrical shock or burns while playing outdoors:
• Some of the tips this campaign offers to parents as they enforce summer rules while playing outdoors are:
• Recognize and make aware that electrical boxes are not a play toy and playing on or around it are off limits. Any equipment that is damaged or poorly maintained can present a safety hazard.
• Keep clear of power lines while playing or flying kites. If a kite gets caught in a power line, let it go.
• Notify an adult if you find a power line on the ground.
• Keep clear of trees and go inside if it is lightening.
• Make sure to ask an adult if you want to bring a toy into a swimming pool. Do not bring indoor toys near any water.
• If electrical equipment is in need of attention, adults should call their local officials so the equipment can be repaired.

Additional resources regarding child safety or educational resources, please visit www.nfpa.org and www.electrical-safety.org.

Congratulations to our Super Lawyers!

Fri, 11 May 2012 10:31:23 -0600

Congratulations to Kirby Farris, Ken Riley and Brett Turnbull who where recognized as Alabama Super Lawyers. Super Lawyers is a peer nominated, annual publication that recognizes the top attorneys across Alabama. Brett Turnbull was additionally recognized as an Alabama Rising Star- an award that recognizes the best lawyers in Alabama who are 40 years old or younger, or who have been practicing less than 10 years.

Alabama Texting Bill Approved by Governor

Wed, 09 May 2012 09:21:55 -0600

A new law prohibiting texting while driving was approved and signed into law by Alabama Governor Robert Bentley; this law will go into effect on August 1, 2012.

Data compiled by the National Highway Traffic Safety Administration (NHTSA) says the risk of an automobile accident if a person is texting while driving is 23 times greater than if the driver is not distracted. This data also says that a distraction will cause a driver's eyes to drift from the road for an average of 4.6 seconds. If the driver is maintaining a speed of 55 miles-per-hour, 4.6 seconds covers the entire length of a football field.

According to The Mobile Press-Register, there were approximately 1 our of 9 car accidents in Alabama that noted the driver was distracted. There were 4,380 injuries and 132 deaths caused by those car accidents. The National Highway Traffic Safety Administration (NHTSA) reports on its website, www.distraction.gov, nationwide in 2009 5,474 people died and 448,000 were injured in car accidents involving distracted drivers.

The new Alabama law states that the use of an electronic device while driving is strictly prohibited including the following activities: write, send, or read a text message; instant messaging; or emailing. Consequences for not abiding by the law include a $25 fine for first-time offenders, $50 for a second violation, and $75 for each time after the second offense. In addition to fines, a two-point violation will be included on the driver's record for each offense. The point system allows the Alabama Department of Public Safety to suspend a person's driving privileges should they commit too many infractions. There is a 60-day suspension after 12-14 points accumulate during a 2-year period and a year suspension if the driver accumulates more than 23 points during a 2-year period.

The law does make exceptions, providing driver's the ability to still use their electronic devices including: using the device for GPS services; contacting emergency services; and texting while the car is in neutral or park.

There are concerns that the exceptions as well as a police officers ability to prove a driver was actually texting will cause issues with enforcing the new law. There are some critics that see big loop holes in the law regarding the noted exceptions. Lawmakers believe the cell phone company's records will allow for proper evidence in trying to prove a violation.

Prior to Alabama's law against texting while driving being approved, a total of 37 states passed similar laws, including 2 neighbors of the State of Alabama: Tennessee and Georgia. There is also a nationwide effort in place to create a federal law banning texting while driving.

Farris, Riley & Pitt Wins Glenwood Autism and Behavioral Golf Tournament!

Tue, 08 May 2012 10:03:10 -0600

Farris, Riley & Pitt along with 50 other companies from across Birmingham participated in the 20th annual Katherine Ireland Memorial Golf Tournament benefiting the Glenwood Autism & Behavioral Heath Center.

Glenwood provides education services and treatment to individuals with unique mental health disorders. As a leader in the state, Glenwood hopes to become a nationally recognized organization for those with mental health needs.

Alabama Legislature Saves Our Courts

Fri, 04 May 2012 09:31:56 -0600

With budget cuts on the horizon, the Alabama Legislature was faced with a difficult challenge of deciding whether or not to raise court courts. Due to a tremendous budget shortfall that effects all parts of the government, the Alabama justice system was potentially facing an immediate loss of over 500 jobs and courthouses closing all over Alabama.

With the help of Chief Justice Malone, the Alabama State Bar and the Alabama Legislatures, house members and senators were able to save our courts and save jobs. Without access to the court system, the public can crumble.

Many thanks to our Alabama Legislature for Saving Our Courts!

Parents file lawsuit in wrongful death case of their son

Thu, 03 May 2012 10:22:46 -0600

A $5 million wrongful death lawsuit was filed regarding the case of a college student who drowned in March of last year after a binge drinking party at Skidmore College. The lawsuit accuses nine men in a neighboring county for allegedly providing alcohol to the underage student while knowing that he was not of age.

The personal injury lawsuit states that the nineteen-year-old student, Alexander Grant, was visiting a friend, also nineteen and a student at Skidmore College, during his spring break. There are rules at the college that forbid drinking underage on campus.

While criminal charges were not filed, the wrongful death lawsuit that was filed by the college students parents states that their son "was placed in an unsafe and dangerous situation in that he was left alone and disoriented in an unfamiliar city, resulting in his tragic and horrifying death."

The night started at a party, hosted by the defendants, on campus where alcohol was freely provided to the underage student and his visiting friend. Surveillance cameras painted the picture of the student's night as he and his friend left one party and moved to a second party where more alcohol was provided. The student left the second party by himself and staggered to a train station. The surveillance cameras showed that he shed his clothing in freezing weather down to one sock, a t-shirt and shorts; broke into an office building; and then collapsed into approximately 4 feet of water where he was discovered.

Police reports state that the student's autopsy showed his blood alcohol level was 0.16% as well as low level of marijuana.

While the personal injury lawsuit does not state the student's friend as a defendant, it does list four of his roommates as the ones that purchased the alcohol for the party. The other five defendants are accused of providing the alcohol for the second party the pair attended later that night.

Childbirth Injury Prompts $5 Million Settlement

Tue, 01 May 2012 15:21:29 -0600

The parents of a baby born with cerebral palsy reached a settlement in their personal injury lawsuit last week. The birth injury lawsuit filed in May 2010 alleged two midwives caused severe brain damage to the baby during childbirth. The injury case was scheduled to go to trial earlier last week; however, both parties reached a settlement of $5 million on Monday, April 23, 2012.

A high-risk pregnancy from the beginning, the client was past term at 41 weeks and ultimately should have been sent to the hospital. The personal injury attorney representing the family stated his client went into labor, and endured a 20-hour initial stage of labor where the baby was not progressing down the birth canal. At that point, all factors indicated a high-risk delivery and the baby should have been sent to the hospital.

The personal injury lawsuit claimed the midwives were reckless and deviated from the standard of care (a legal phrase stipulating what a health care providers are required to do). In addition, the midwives failed to disclose all risks associated with the delivery. The baby was limp, blue and born in respiratory distress. The lawsuit also claims the midwives failed to notify emergency services in timely manner, rather they waited 14 minutes before contacting paramedics.

The personal injury lawyer went on to state the baby's heart was not beating and thus born in complete cardiac arrest. The baby was finally transferred to a nearby hospital where she was diagnosed with a hypoxic-ischemic brain injury, which increases the risk for seizures, hypertension, and gastro esophageal reflux. She was also diagnosed with cerebral palsy and developmental delay and will face a lifetime of limited cognitive function, inability to fully communicate, and poor motor skills

The Midwifery Board suspended the midwives' licenses after the initial complaint was filed in 2010. In addition, the board investigated three infant deaths between 2010 and 2011.

Injuries can be devastating and life altering; however, injuries to a newborn baby are almost incomprehensible. Forever faced with life challenges, birth injuries almost guarantee a difficult and uphill battle for both the child and the parent. Hiring an attorney is one of the toughest decisions to make, but often times the best. The heartache associated with injured loved ones or those who have experienced loss can never be replaced. However, punishing those negligent and responsible for the injury/loss can help prevent the accident from happening again.

The legal process is a grueling and lengthy process. If your loved ones have been injured under the care of another person or company, please contact the Birmingham child injury lawyers today for more information on how we can help you.

Alabama Legislature Saves Our Courts

Tue, 01 May 2012 09:09:58 -0600

With budget cuts on the horizon, the Alabama Legislature was faced with a difficult challenge of deciding whether or not to raise court courts. Due to a tremendous budget shortfall that effects all parts of the government the Alabama Justice system was potentially facing an immediate loss of over 500 jobs and courthouses closing all over Alabama.

With the help of Chief Justice Malone, the Alabama State Bar and the Alabama Legislatures, House members and Senators were able to save our courts and save jobs. Without access to the court system, the public can crumble.

Many thanks to our Alabama Legislature for Saving Our Courts!

Drunk Driving Accident Kills 13- Year Old

Fri, 27 Apr 2012 10:36:04 -0600

What can only be described as a parent's worst nightmare occurred two weeks ago in a drunk driving accident that killed a 13-year old girl. The deceased teenager was riding in the backseat of her parent's mini van when they were hit by a drunk driver. The drunk driver told police he had been drinking hard liquor before the car accident occurred. At a reported speed of 100 mph, the drunk driver crashed his wife's Range Rover into a family of three, almost splitting the mini van in half.

Riding in the back seat of her father's mini van, the 13-year-old was on a routine trip to her mother's house around 5 a.m. when the drunk driver smashed into their car.
The 13-year-old girl injured in the car accident was immediately taken to a nearby hospital where she was pronounced dead.

In addition, the victim's father and sister were seriously injured in the car wreck. After colliding with the minivan, the drunk driver's Range Rover spun 5 times and landed 400 ft from were the initial collision occurred. Police reports indicate that the drunk driver was excessively speeding in a bus lane when the he caused the fatal car accident.

The driver who caused the drunk driving accident was arrested, and held under a $1million bond only to be later released on a $205,000 bond. He faces a number of charges including DUI manslaughter, vehicular homicide, and leaving the scene of an accident. The victim's family urged family members, friends and the community to protest his reduced jail bond.

The driver, who caused the accident, was also injured in the crash. According to reports, he broke several ribs in the car wreck. He is currently under house arrest and only allowed to leave for work or to visit his attorney.

Drunk driving accidents claim the lives of 1000's every year. In 2009, over 10,000 people where killed in alcohol-related crashes in the U.S. Alabama ranked number 14 in fatalities associated with alcohol. Our personal injury firm handles a number of drunk driving car wrecks each year. Most often, the victims injured in the accident are normally the innocent party.

Nursing Home Abuse Reported by Daughter

Wed, 25 Apr 2012 09:11:16 -0600

Placing a loved love in a nursing home can be an extremely difficult decision to make. Often times, families reach a point to where they can no longer provide adequate care to their elderly loved ones and entrust those loved ones to health care providers properly trained to care for them. While having someone care for any member of your family-be it daycare or nursing home- is a difficult decision to make, the possibility of encountering abuse or neglect in a nursing home is unfathomable.

Fox News reported story last week of a woman allegedly hit in the head by a caregiver at a rehabilitation facility. The woman's daughter raised concern after she received a phone call from local authorities that her 86-year-old mother- who suffers from dementia- had received a serious injury to her head. According to the police, the injuries were consistent with someone who received a physical blow to the head and not something that could have occurred from a fall.

What appears as a classic case of nursing home abuse must have been a nightmare for the senior's daughter. Because the elderly woman has dementia, it is unlikely she can fully grasp the situation or report the instance of nursing home abuse. The daughter told Fox News she placed her mother in the assisted living facility to have around-the-clock care, "She's 86 and defenseless."

The daughter has documented photos of the bruises from the blow to the head.

Sadly, cases of nursing home abuse such as this often go unreported. In certain cases where the elderly patient suffers from dementia or lack of mental capacity, the victim may not realize the extent to which they are being abused or neglected. Other times, the elderly suffer because of fear of retaliation i.e. malnutrition and dehydration. Nursing home abuse in Alabama can take all forms. We normally think of elder abuse as physical, such as the story above. However, nursing home abuse is not just physical but included mental and emotional abuse as well.

Often the elderly do not recognize certain types of abuse in Alabama. In Birmingham, our nursing home neglect attorneys handle cases like the above story all too often. Each Alabama nursing home abuse lawyer at our firm is familiar with these types of case.

$34 Million Verdict Awarded in Insurance Fraud

Mon, 23 Apr 2012 16:45:11 -0600

Do you remember the movie The Rainmaker starring Matt Damon?

Originally written by John Grisham in 1996, The Rainmaker tells the story about a young lawyer who represents a poor family in an insurance bad faith claim and receives millions after an insurance company wrongfully denied their claim. While movies such as this are generally fiction, they are often loosely based on reality.

Take the story of Arlene Hull, a Montana woman who sued her health insurance company for wrongfully denying her claim. With the help of her daughter, 90-year-old Hull sued her insurance company in 2010 after the company ended her assisted living benefits. Hull had been a client of Ability Insurance Company based out of Nebraska for years.

Similar to the story in The Rainmaker, Hull was diagnosed with Alzheimer's in 2007 and Ability ended her assisted living benefits in 2010 stating she no longer qualified. The benefits were terminated after a health care provider stated she did not need "continual supervision due to severe cognitive impairment. "

According to the personal injury attorney representing Hull, Ability Insurance misinterpreted the policy and thus ended her benefits. While her benefits were eventually restored, the company failed to back date a period of two years when Hull was not covered.

Last week a jury awarded Hull a $34 Million verdict consisting of $250,000 for breach of contract; $2 million for violating a Montana rule against Unfair Trade Practices and $32 million in punitive damages.

Fatal Car Crashes Increase on Tax Day

Mon, 16 Apr 2012 08:13:43 -0600

After reviewing 30 years of data involving fatal car accidents from the National Highway Traffic Safety Administration, a Canadian researcher has found a common denominator with fatal crashes -- tax day.

According to Dr. Donald Redelmeier of the University of Toronto, people are 6% more likely to be involved in a fatal car accident on tax day compared to a normal day of the year. After reviewing fatal accidents occurring the week before April 15 (or tax day) and the week after, Dr. Redelmeier's found there were a combined 19, 451 people involved in fatal automobile accidents throughout the 30-year history. That averages out to around 404 more fatalities occurring on tax day compared with the non-tax days.

While the exact cause of the increased number of auto accidents occurring on tax say are not known, researched believe the likely culprit is stress. Situations involving high levels of human stress- such as tax day- are more likely to cause drivers to be distracted and increase the chance of being injured in a car accident. Other reasons for the increased number of fatal car accidents include sleep deprivation and hassles on April 15th or tax day.

Researchers indicate everyone is stressed on tax day because no one is immune. Regardless if you are paying more in taxes or getting a refund, you are still stressed by the situation. Tax returns for individuals are an extremely difficult and grueling experience. The average tax return for a family of four equates to about 40 hours of work. Therefore, since most people wait until the last minute they are frantically hurrying to finish their taxes.

Redelmeier noted his reason for studying car accidents and fatalities in April is because of the stress associated with taxes and driving while stressed out. Driver error is linked to about 93% of all car accidents and stress can be a major cause of driver error. The U.S. used to be one of the safest countries to drive in fifty years ago. However, now the U.S. ranks around number 20 in terms of road safety.

Interesting statistic: the U.S. tax code is twice as long as Canada's and about 10 times as long as France.

Toddler Drowning Prompts Wrongful Death Suit Against Church Daycare

Fri, 13 Apr 2012 08:00:16 -0600

The parents of one year old Juan Cardenas have filed a wrongful death lawsuit after an accidental drowning at a daycare facility. Juan Cardenas attended daycare at Praise Fellowship Assembly of God at 6700 Michigan Road. According to the wrongful death lawsuit, the daycare workers allowed Cardenas to wander off by himself where he fell in a pool of water.

Cardenas was eating lunch with the other children, when reports indicated he walked out of the lunchroom unchaperoned. He was later found outside floating in an uncovered pool containing about 2 feet of water. Cardenas was immediately rushed to St. Vincent's Hospital where the child was pronounced dead.

Criminal charges were never filed against the Praise Fellowship Assembly of God because there was no evidence of a criminal behavior. While the daycare has been cited on a number of occasions for less serious violations, neither entity was accused of knowingly or willingly doing anything.

The personal injury attorney representing the Cardenas family stated in a press conference that the family just wants to know what happened, and while the Cardenas know the lawsuit will not take the pain away, they want someone to be held responsible.

Since the investigation, lawmakers have attempted to seek stricter regulations regarding church daycare facilities. Compared to the 192 state standards required for a typical licensed day care center, church affiliated daycare facilities only have to meet 21 state standards. Home licensed daycare centers must meet 94 state regulated standards.

A state amendment was drafted after the fatal accident of the Cardenas drowning. The daycare amendment attempted to align church daycare facilities with state licensed facilities and would require churches to abide by state required staffing ratios. In addition, it would require all daycare providers to be at least 18 years old with the proper training and safety requirements.

However, local lawmakers failed to pass the amendment. This is not the first attempt at standardizing church run daycare centers. Previous attempts have been made but pressure from conservative organizations has quelled all efforts.

The daycare has temporarily ceased their operation.

Survery Indicates No Change With Teen Texting

Wed, 11 Apr 2012 10:34:47 -0600

The start of April marks Distracted Driving Month.

Texting while driving has gained national momentum after the high-profile campaign was embraced by pop culture. Last season, the final episode of the hit television show Glee featured a distracted Quinn Fabray, late for a friend's wedding and trying to respond to a frantic text message to "HURRY." The screen fades to black after a truck blindsides her leaving the show with the ultimate cliff hanger.

While Quinn's accident and undeterminable fate is great for television and ratings, it also paints a clear image of a situation that occurs everyday in Alabama and throughout the county. Drivers young and old are constantly distracted while driving. Too many time we are late for work or rushing to the next meeting only to scarf down a meal in the car. Drivers with long Alabama commutes admit to "checking out" on the road or driving while dazed. Additionally, we see females applying make-up while driving down the road. Yet, texting seems to remain one of the number one factors leading to involvement in a motor vehicle accident.

Chances are you have been one of these people who have texted while driving.
We all know the dangers and risks associated with texting while driving. So why do we do it? Not only are you subjecting yourself to a possible car accident in Alabama. You are at an increased risk of involving yourself or another driver in a fatal car wreck in Alabama.

Despite the national focus to eliminate texting while driving, research indicates that teens might be ignoring this campaign altogether. The insurance giant, State Farm, conducted a survey and found 43% of teenagers' ages 16 and 17 state they have never texted while driving. While these might sound like good statistics, the very same percentage was found on an identical survey conducted in 2010. Indicating national publicity has not resonated with our youth.

While a large percentage of teenagers, ages 14-17 (73% in fact) agree that texting and driving could possibly kill you in an auto accident, a shocking 93% of teens attest to the fact that texting and driving will get you into an accident someday.

In February of 2012, Harris Interactive -the survey company used by State Farm-analyzed 652 teens' ages 14-17 to determine their behavior and attitude towards texting while driving. While the results of the 2012 study were extremely similar to the 2010 results, the 2012 survey did indicate that fewer teens "very often" text and more teens "rarely" text compared to the previous data.

Additionally, the survey identifies an interesting correlation with the role of parenting and teen texting. According to the study, parents who talk with their teens often about driving reported 67% of teens that text. Compared to teens that never talk to their parents about driving and 82% of teens reported they do text and drive.

Prominent Tuscaloosa Business Man Involved in Drunk Driver Accident, Young Girl Killed

Wed, 04 Apr 2012 09:31:11 -0600

Danny Smith, the 64-year-old owner of Danny Smith Realty and Construction, was arrested Saturday afternoon after he injured and killed a Chilton County family following the Tuscaloosa Air Show.

According to reports, 8-year-old Haylee Burks along with her 28-year-old mother and 3- year-old sister were struck on the shoulder of the road off Fifth Street in a drunk driving accident. The driver of the vehicle-later identified as Danny Ray Smith - left the accident scene in what is being reported as a hit and run accident.

Smith, a prominent businessman in Tuscaloosa, Alabama, had been entertaining guests at the Tuscaloosa Air Show, when he swerved off the road and hit the family of three with his GMC Sierra pickup truck. Reports indicate that Smith continued driving for roughly100-200 yards before he stopped his truck and walked over towards the victims. Smith allegedly walked back to his truck where Northport Police Officers apprehended him and took him into custody.

Haylee Burks at five feet tall and 80 lbs was killed in the motor vehicle accident when the truck ran over her body. All three victims of the hit and run accident were transported to DCH Regional Medical Center in Tuscaloosa. Eight-year-old Haylee died upon arrival at DCH, while her mother was admitted to the intensive care unit (ICU). Haylee's sister was a rushed to Children's Hospital in Birmingham and was released Monday. Her mother was released from DCH Medical Center yesterday, where she was treated for multiple fractured vertebrae.

The Northport Police stated the drunk driving accident occurred around 4:26 p.m. Saturday afternoon immediately following the air show when Smith hit all three of the victims. All three victims were from Jemison, Alabama in Chilton County.

Danny Ray Smith was been released on a $110,000 bond from the Tuscaloosa County Jail. He faces charges of vehicular homicide, two counts of first degree assault and leaving the accident scene. At the time of the accident, Smith's blood alcohol level reached .13%, almost twice the legal limit in Alabama. Prosecutors are asking the Smtih to relinquish his passport. He is considered a possible flight risk since he has access to planes through his business.