Alabama Injury Attorneys Blog

Tuscaloosa Car Insurance Policies: A Look at Swartzbaugh v. Encompass Ins.

Thu, 10 May 2012 19:45:25 -0600

When you are involved in a car accident in Tuscaloosa, you may be confused over your rights.

Our personal injury attorneys understand your confusion and we are here to help you get the benefits necessary to pay for lost wages, medical bills, pain and suffering and other expenses.

Swartzbaugh v. Encompass Insurance Company of America is a recent Maryland case that shows the confusion that is often times created by language in automobile insurance policies.

Mrs. Swartzbaugh purchased auto insurance from the defendant, Encompass Insurance Company of America, through a local independent insurance broker. The automobile insurance policy named Mrs. Swartzbaugh, her husband Mr. Swartzbaugh and their daughter Kelly as drivers. Mrs. Swartzbaugh purchased the minimum mandatory under-insured motorist (UM) but waived the higher UM coverage option. This waiver was done on a standard form and signed by Mrs. Swartzbaugh. As in many states, a waiver of further insurance coverage remains in effect until the clients withdraw the waiver and purchase additional insurance coverage.

In 2008, Kelly was a passenger in a vehicle that was involved in a car accident with an under-insured driver. The insurance company of the under-insured, tendered the policy limits of the under-insured's policy. Kelly petitioned her own insurance company for the higher amount of UM coverage waived by Mrs. Swartzbaugh; however, defendants refused to pay the higher amount of UM benefits to Kelly because of the waiver executed by Mrs. Swartzbaugh. Kelly contended that the waiver signed by Mrs. Swartzbaugh was not valid, and as a result, she contended that she should be entitled to the higher amount of UM benefits.

In many states, a minimum car insurance policy is mandatory. This coverage provides for liability coverage, personal injury coverage, and coverage for property damage. Additionally, most states require that drivers purchase or be given the option to purchase no-fault insurance which is referred to as personal injury protection or PIP coverage. Lastly, states usually require that insured drivers purchase or be given the option to purchase coverage to protect them where they are involved in a car accident with an uninsured driver.

In order to encourage drivers to purchase minimum liability insurance coverage, many states have allowed drivers to waive all or portions of PIP and/or UM coverage. By waiving PIP and/or UM insurance coverage, a driver is limiting the amount that he or she will be compensated if involved in a car accident. A waiver of PIP and/or UM insurance is usually executed on a standard legal form. This form is customarily signed by the "first named insured." This is the form which Mrs. Swartzbaugh signed to limit the amount of UM coverage available. Kelly argued that her father, Mr. Swartzbaugh, was the first named insured because he was listed first on the policy. Therefore, Kelly argued that the waiver signed by her mother, Mrs. Swartzbaugh, was not vailid.

The court, however, held that the "first named insured" is classified as the person who acts on behalf of the other parties insured under the policy. Because Mrs. Swartzbaugh purchased the policy and signed the document, she was considered the "first named insured." Because of this, the waiver was valid and Kelly was not allowed to receive the higher amount of UM benefits.

Motorcycling Accidents in Tuscaloosa and Elsewhere Targeted by Safety Awareness Month

Fri, 04 May 2012 08:55:24 -0600

Roughly 80 percent of the time, motorcyclists are faced with serious risks of injury and even death in the event of an auto accident. The occupants of motor vehicles suffer from severe injury or death only 20 percent of the time. Because of the risks that motorcyclists face on our roadways, the entire month of May is dedicated as Motorcycle Awareness Safety Month, according to the National Highway Traffic Safety Administration (NHTSA). Safe driving advocates are calling on the help of motorists to remember riders as the spring and summer riding season begins.

Our Tuscaloosa motorcycle accident lawyers understand that motorcyclists are oftentimes overlooked by the drivers of passenger vehicles. The Alabama Motorcycle Safety Program was designed to help our two-wheeled friends to defend themselves on our roadways. This program offers some serious motorcycle riding courses for riders in an attempt to teach them how to navigate our roadways as safely as possible.

In 2009, there were nearly 100 motorcyclist fatalities in the state of Alabama. Most of these motorcycle accidents occurred in Tuscaloosa, Jefferson, Mobil and Baldwin counties.

Motorcycle Accident Statistics:

-There were nearly 110,000 accidents in which a motorcycle was involved in 2009.

-In 2009, motorcyclists accounted for nearly 15 percent of all traffic accident-related fatalities although they account for such a small number of registered vehicles.

-Nationwide, there were nearly 4,500 people who died in motorcycle accidents in 2009.

-Motorcyclists are nearly 40 percent more likely than the occupant of a passenger vehicle to die in an accident.

The month of May serves as the most deadly time on our roadways for motorcycle accidents. As the weather warms up, motorcyclists hit the open road. For this reason, the Motorcycle Safety Awareness Month aims to help bring motorcycle safety to the forefront before it's too late. Be careful out there and keep an eye out for motorcyclists.

Safety Tips for Motorists to Help Keep Motorcyclists Safe:

-Look twice before making a move in traffic.

-Never tailgate a motorcycle.

-Never share a lane with a motorcycle.

-Remember that motorcyclists follow the same rules and regulations as every other driver.

-Remember that motorcycles' turn signals aren't self-canceling.

-Never tailgate motorcyclists.

-Remember that they swerve in their lanes to avoid road debris and other hazards. They're not just driving recklessly.

By putting more emphasis on safe driving habits, drivers of all kinds can help to reduce the risks of accidents not only for motorcyclists by for all types of drivers. Use the month of May to not only focus on the safety of motorcyclists, but to focus on the safety of everyone on our roadways.

Prom & Graduation Season: Car Accidents in Tuscaloosa and Elsewhere

Mon, 23 Apr 2012 07:20:20 -0600

Officials are already doing their part in pushing for prom and graduation safety -- all we need now is the participation of area high school students. According to ABC 33/40, Central Alabama's largest emergency ambulance service provider is working alongside other public safety agencies and Tuscaloosa County High School's Pride Chapter to kickoff this year's "Prom Promise."

The goal of Prom Promise is to reduce drinking and driving. It's an all too common scenario, alcohol-related car accidents in Tuscaloosa and elsewhere throughout the state during prom and graduation season. Many of these types of accidents wind up with fatal results. Don't let your teen become a victim. Ask them to make the Prom Promise and vow to be safe and sober behind the wheel during this year's prom.

"If we can stop at least one person from doing this on prom night, then all our efforts are worth it!" said Debbie Blake, the Operations Manager for NEMS Tuscaloosa.

Our Tuscaloosa car accident attorneys ask all prom goers to practice responsible party habits and to avoid consuming alcoholic beverages. These high school students may not be old enough to drink alcohol legally, but that doesn't mean that they can't and that they won't. Students are asked to step up if they see someone who has been drinking attempt to get behind the wheel. Results can be catastrophic if not. With safety as a top priority, we can help to keep our roadways safe and our teen's injury free during this time of the year.

Every year, roughly 3,000 teenagers die in car accidents across the nation. It's estimated that about a third of all car accidents involve an alcohol-impaired driver. During this time of the year, we see a significant increase in these kinds of accident, too. Students are gearing up for prom, heading to graduation and then they're out for summer break. With these opportunities to be on our roadways, risks for accidents rise as well.

"We recommend that parents talk with their teen drivers and together establish rules," said Barbara Harsha, GHSA executive director.

Car accidents continue to be the number one killer of teenagers across the nation. According to the Governors Highway Safety Association, there was an increase in the number of these kinds of fatal accidents during the second half of 2011. Officials believe that this increase is a sneak peek into the trends for the following year. With increased risks predicted, we're asking parents to step in, lay down some rules and keep a watchful eye on our young drivers to help to minimize their risks for an accident.

Parents are urged to get in on the campaign and talk with the teen driver in their lives to help to further reduce the risks for potentially fatal car accidents in Tuscaloosa and elsewhere throughout the state. Make sure you know where they'll be going, who they'll be going with and when they'll be home. Make sure you lay out ground rules, including passenger limits, texting and phone call limitations, a curfew, etc. before the big night.

Alabama Personal Injury Expert Testimony and a Look at Newell Rubbermaid v. Raymond Corp.

Wed, 18 Apr 2012 14:14:02 -0600

You can sustain an injury doing almost anything. But when you suffer an injury because of someone else, how do you prove that they are at fault?

One of the key components to proving certain types of Tuscaloosa personal injury cases is providing expert witness testimony. The law governing expert witness testimony is complex.

Federal Rule of Evidence (FRE) 702 governs the admissibility of expert witness testimony in federal court i.e. necessary qualifications of an expert witness, requirement that expert's testimony be based on reliable principles and methods.

In Newell Rubbermaid v. Raymond Corp. a federal appeals court addressed, among other things, the admissibility of expert witness testimony.

This case arose where Hashman (Victim) was working in a factory for Newell Rubbermaid, Inc. (Newell or Employer). The victim was required to use a Dockstocker forklift which was manufactured by Raymond (Manufacturer). As part of the design of this forklift, the rear of the machine had no guard door to protect the operator.

The following is the Court's description of the accident:

Before beginning her shift on December 23, 2004, Hasman completed the required safety check and found nothing wrong with Dockstocker. Later that day, while driving toward a 'robot cage' with the operator compartment facing forward, Hashman attempted to brake by 'plugging' the forklift; i.e. manually reversing the direction in which the forklift was traveling. But the Dockstocker did not immediately stop. Hashman testified in her deposition that she 'got scared' and 'stepped off' the Dockstocker, but other evidence in the record suggests that Hashman instead lost her balance and slipped out of the operator compartment. In any event, Hashman's left foot became trapped between the forklift and the robot cage, causing serious injuries that ultimately resulted in partial amputation.

The victim (Hashman) sued her employer as part of a workers' compensation claim. After the proceedings were complete, the employer then filed a subrogation action against the manufacturer of the Dockstocker forklift under a theory that it had a defective design. The employer alleged that the victim's (Hashman) foot would not have left the operator compartment had the manufacturer equipped the Dockstocker forklift with a rear guard door.

In order to prove a case for defective design, the moving party must generally provide expert witness testimony. Because of this requirement, the employer sought the testimony of a forensic engineer named Railsback (expert).

The manufacturer claimed that there was no defect in the design of the forklift, and countered the expert's experience, training, and contentions.

The court looked to the law governing the admissibility of expert witness testimony. Although there is no definitive checklist or test to determine whether an expert witness meets the requirements of Rule 702, the United Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) provided a number of factors that typically 'bear on the inquiry'. These factors include whether the theory or technique proposed by the expert witness can be tested, whether the theory or technique has been subject to peer review and whether the theory or technique has gained general acceptance in the field. Simply put, an expert witness' theory or technique must be based upon reliable scientific methods.

The court found that the expert's testimony was not admissible because his methods were not scientifically sound. In reaching this decision, the court noted that the expert used anecdotal evidence in support of his theory without questioning or verifying the data and the expert did not actually test his alternative designs.

Because the employer failed to provide the court with admissible expert testimony of a design defect, the court awarded summary judgment in favor of the manufacturer, dismissing the employer's case.

While this case was filed in the United States District Court for the Northern District of Ohio, the rules governing the admissibility of expert testimony in cases currently being filed in Alabama State Courts are very similar. As a result, this case is helpful in analyzing the admissibility of expert witness testimony.

Judicial Review in Workers' Compensation Cases Discussed in Gilmore v. Director, Department of Labor

Mon, 09 Apr 2012 12:06:54 -0600

The law surrounding workers' compensation (WC) for federal employees is very complex. In many cases, a federal employee's initial application for WC can mean the difference between receiving benefits or not. This is why it is so important to complete your workers' compensation petition properly.
Our experienced Tuscaloosa Workers' Compensation Attorneys understand how important this is, and we can help protect your rights at each stage of the process.

Gilmore v. Director, Department of Labor is an 11th Circuit workers' compensation case that centers on jurisdiction and the Federal Employees' Compensation Act (FECA). "FECA is a comprehensive and exclusive workers' compensation scheme for federal civilian employees who are injured or killed while performing their work duties. " Gilmore v. Director, Department of Labor, No. 11-12747 (11th Cir. Feb. 6, 2012); see also Nobel v. United States, 216 F.3d 1229, 1234 (11 Cir. 2000).

The benefits awarded under this program include wage-loss benefits, monetary benefits, medical benefits and vocational rehabilitation. Additionally, there is a provision which provides benefits to dependents of an employee who died because of work-related injuries. The Secretary of Labor (Secretary) is responsible for deciding all of the questions surrounding the FECA but has delegated this authority to the Office of Workers' Compensation Program (OWCP).

All U.S. civilian employees who are paid with appropriated funds are covered by this FECA. With the addition of certain amendments coverage is extended to volunteers from the Peace Corps and VISTA; federal petit or grand jurors; Civil Air Patrol volunteer members, cadets of the Reserve Officer Training Corp; and non-federal law enforcement officers.

In order to comply with the requirements of the FECA, the injured employee or the deceased employee's estate must provide medical and factual evidence that the work accident occurred; that there was a diagnosis of a medical condition associated with the work related accident and injuries; the employee was performing their job duties when the work related accident occurred; and there must be a causal link between the work related injury and/or accident and the medical diagnosis.

If you are a federal employee who has been involved in a work-related injury, you must immediately notify your employer. Then, you must complete a written report specified by the Department of Labor and furnish this to your supervisor. If your injury is traumatic and you need further medical treatment, you must first obtain authorization for the additional treatment from your supervisor. Additionally, if you do suffer a traumatic injury, you must furnish your supervisor with medical evidence of your disability within days of your petition for pay continuation.

It is important to get the advice of an experienced workers' compensation attorney to understand what the statute of limitations is in your case, and other critical factors. The FECA sets time limits by which certain actions must be taken.

Gilmore is important because it reminds the reader that any decisions made by the Secretary or any appointed Board cannot be reviewed by an outside court. The only exceptions to this rule is where there is a clear statute that has been violated by Secretary or any appointed Board and where there is a valid constitutional claim against the process of determination. This is very important because your initial application for benefits under FECA must be done correctly in order for you to receive the benefits you deserve.

Gilmore (plaintiff) was a federal employee who was injured on the job. He applied for benefits consistent with FECA. The Workers' Compensation Board (Board) was presented with all of the factual and medical evidence. Upon the review of this information, the Board made a decision that the plaintiff was not entitled to back pay and interest. Plaintiff then argued that because of the rejection by the Board, he suffered a deprivation of property. He further contends that this deprivation of property was a violation of his substantive and procedural due process rights therefore invoking the constitutional exception to the general rule of judicial review. Therefore he sought the review of the Boards decision by the Eleventh Circuit.

The court held that the Board's rejection of plaintiff's petition was based on a reconsideration of the facts presented and therefore, immune from judicial review. Furthermore, the court said that the necessary requirements of due process are that the party be provided with notice of any impending hearing and an opportunity to be heard at a "meaningful time and in a meaningful manner." Plaintiff had an opportunity to present his arguments at the appropriate time; therefore, plaintiff could not show that he was deprived of his right to notice or a hearing.

For the reasons discussed above, the court found that the judicial system did not have jurisdiction over the case and the case was dismissed.

In federal workers' compensation cases, the Board and Director responsible for making a determination on your claim have a significant amount of power. Having the requisite information presented in the proper manner is essential to receiving the benefits you are entitled to.

Alabama Personal Injury: Car Accidents Target of Distracted Driving Month

Tue, 03 Apr 2012 10:18:13 -0600

This is the month! It's the month to put an end to talking on your cell phone and text messaging behind the wheel.

Why this month? Because it's National Distracted Driving Awareness Month 2012! It's as good of a month as ever. Every year, throughout the entire month of April, the National Safety Council, our Alabama personal injury attorneys and safe driving advocates across the country work together to help to spread the word about the dangers associated with distracted driving and to encourage more drivers to hang up the phone, put distraction aside, and focus on the road.

The truth of the matter is that distraction-related car accidents took the lives of more than 3,000 people in 2010. That's 3,000 people who didn't have to die. They were killed by the irresponsibility of drivers.

Our Tuscaloosa injury lawyers understand that about 25 percent of all motor vehicle accidents involve a driver who is distracted by the use of a cell phone. That's no surprise when you consider that using either a hand-held or a hands-free cell phone makes a driver four times more likely to get into an accident. Texting increases a driver's risk for an accident by nearly 25 times. It's so bad that using a cell phone at the wheel gives a driver the same reaction time as a driver who is legally drunk. Using a cell phone while driving reduces the amount of brain activity that is associated with driving by about 40 percent.

There are simple ways to reduce the risks of distraction-related car accidents:

-Make it a personal goal to keep your eyes on the road, your hands on the wheel and your mind on driving.

-Look into technology that stops phone calls while driving, like how to hold your calls when you're behind the wheel and deliver the messages once you've stopped.

-Put your cell phone and text messaging device out of sight and out of mind while driving.

-Speak up if you're riding with a driver who is engaging in dangerous distractions.

-Change your voicemail message to alert callers that you may not be answering because you're behind the wheel.

-If you're talking to someone who is driving, tell them to call you back once they've stopped.

Drivers are also asked to take the pledge to drive cell phone free. It's all a part of National Distracted Driving Awareness month and the attempt to make our roadways safer for everyone. The pledge consists of the following:

-Stop using electronic devices while driving.

-Tell callers that you're driving and that you'll be happy to continue the conversation once you've stopped the car.

-Talk with friends and family members about the dangers that are associated with engaging in distractions while driving.

"Cell phones are a significant danger to those in our roadway community," said Jacy Good, a board member of the anti-distraction group FocusDriven. "Speak up when someone calls you while driving or uses a phone while driving with you in the car. Tell them it's not safe and ask that they put the phone down. Do it for my parents."

Expert Testimony and Alabama Personal Injury: a Look at Dubiel v. Montana Department of Transportation

Tue, 27 Mar 2012 09:20:56 -0600

When you are injured because of the fault of someone else, establishing liability can be complicated. Our Tuscaloosa injury attorneys understand that the law is complex, and we can help defend your rights in the wake of a serious or fatal accident.

Dubiel v. Montana Department of Transportation is a case that examines the plaintiff's burden of proof in injury cases based on negligence. This case is important because it shows the importance of expert testimony in Tuscaloosa injury cases.

Jerome Dubiel was traveling on a highway in Montana during a time of extremely high winds. These winds persisted for two hours causing trees to be blown down and scatter on the road. There were several employees from the Montana Department of Transportation ("MDT") within the area assessing road conditions, working on the power lines, as well as removing trees from the roads.

Jerome was temporarily stopped by an employee of the MDT who was clearing debris from the highway, when a tree fell onto Jerome's car causing him to suffer a fatal injury. Subsequently, the MDT closed the highway due to weather and road conditions. However, the MDT contends that they did not know of Jerome's accident when they decided to close the highway.

Plaintiff sued the MDT with cause of action's for negligence and wrongful death. Jerome's wife Keevy ("Plaintiff") claimed that the MDT acted negligently when it failed to close the highway before Jerome's death, and therefore they were responsible.

When suing under a theory of negligence, the plaintiff has the burden of proving that there was a specific standard of care for which the defendant breached. When dealing with a negligence claim there are four different components to be taken into account. The plaintiff must prove that the defendant had a specific duty of care, that duty was breached, the breach was the proximate cause of the injury to the plaintiff, and that there were damages. When the plaintiff is unable to prove any of these four elements, the plaintiff's claim fails.

An integral component in proving negligence claims is having witnesses who can support your contentions. In this case, the defendants provided an expert who submitted an affidavit discussing road closing policies and procedures. This expert explained that there are several factors to be considered when dealing with road closures and they include public safety, safety of the employees of the department of transportation, traffic flows, alternate routes and the nature of the weather conditions. After analyzing these components and looking through the MDT records, the expert found that the MDT acted timely and responsibly in assessing the situation on the day of Jerome's death.

Usually in injury cases like this, the plaintiff also provides expert testimony to meet her burden of proof and provide technical expertise. Plaintiff needed to show what was required of MDT in this situation. For instance, the degree of prudence, attention and caution that the Defendant was required to exude in the weather conditions that were present on that day. In the case at hand, the Plaintiff did not provide an expert to establish the standard that MDT was required to meet under the pending circumstances.

Because Plaintiff failed to provide this information, the state Supreme Court granted summary judgment on behalf of MDT. This was done because the court found that the plaintiff failed to present substantial evidence in support of her claims.

When you are involved in a lawsuit, it can be very challenging to decipher what your obligations are. That is why it is important to have an experienced attorney who is dedicated to your case, ensuring that your rights are protected, so that you can take time to concentrate on your health.

Alabama Truck Accidents Have Variety of Causes

Tue, 06 Mar 2012 10:45:42 -0600

Our Bessemer accident attorneys have seen far too many crashes caused by truckers who were either distracted, fatigued or reckless.

Causes of accidents involving large trucks over 10,000 pounds are as varied as the people behind the wheel. A study conducted by the Federal Motor Carrier Safety Administration in 2007 looked at the top causes of large truck crashes, and this is what they found:

Of a sample of 120,000 large truck crashes analyzed, at least one person was killed in every single case. In nearly 80 percent of these cases, the large truck was pulling one semi-trailer. In 5 percent of the cases, the trucks were hauling materials deemed hazardous. Also in about 75 percent of these crashes, the truck struck another vehicle.

When investigators look at the causes of the crash, they sometimes have to analyze what was happening hours, days or even months prior to a crash. That's because crashes can involve elements such as driver fatigue, driver training and experience or the design and manufacturing of the vehicle itself.

In cases in which the truck driver or his rig were responsible, here are the top 10 crash causes:

Problems with the brakes;

Traffic jam or congestion from prior crash;

Use of prescription drugs;

Speeding;

Unfamiliarity with the road;

Problems on the roadway;

A required stop, such as a traffic light or crosswalk;

Over-the-counter drug use;

Inattention;

Fatigue

Construction Zones are Dangerous for Motorists and Workers

Tue, 28 Feb 2012 09:05:42 -0600

Our Alabama workers' compensation and personal injury lawyers understand that construction zones are dangerous for both motorists and workers, especially when people aren't paying attention. According to The National Work Zone Safety Information Clearinghouse, there were more than 575 people killed in work zones in the U.S. in 2009. Alabama sees nearly a dozen of these kinds of fatalities a year. Of the nationwide fatalities, nearly 50 of the 575 were the result of a pedestrian accident involving a pedestrian and a vehicle or a piece of mobile equipment.

Last year, WorkZoneSafety.org released a statement discussing the importance of driver attention and worker protection in our nation's work zones. The organization asked motorists to practice safe driving in these areas to help protect our roadside workers. Motorists are asked to slow it down, to be cautious on uneven pavement, to abide by posted work zone signs, to stay away from workers and work zone equipment, to keep an eye out for other drivers and to expect the unexpected. Employers are asked to ensure that workers have all of the proper safety equipment to help to reduce the risks of these accidents. With cautious travel and safe working habits, we can all do our part to help to stop these kinds of accidents.

Reduction of Birmingham and Alabama Car Accidents the Aim of Anti-Texting Bill

Tue, 21 Feb 2012 08:10:31 -0600

In an effort to curb Birmingham car accidents and crashes across the state, a new anti-texting bill is getting widespread support in Alabama's House of Representatives.

The Birmingham News is reporting that a number of high-level lawmakers are backing the bill, which would completely outlaw texting behind the wheel in our state.

The way our Birmingham car accident attorneys understand it, anyone who violates this law would be slapped with a $25 fine for the first offense, $50 for the second conviction and $75 for the third or subsequent offense.

Some wonder if the bill even goes far enough, considering the devastation that distracted driving can cause on Alabama's roads.

Lawmakers in the House are expected to pass the bill, called House Bill 2. From there, the bill would wind its way to the Senate floor for review.

Alabama is actually somewhat behind on curve on this one. As of right now, there are 35 of the 50 states that have already passed a similar piece of legislation.

According to the Governors Highway Safety Association, many states have been cracking down on the use of cell phones and texting over the last couple years. This coincides with the number of "smart phones" that have become so commonplace. At one time, a cell phone was just that - a phone. Now, cell phones have become essentially computers. People are able to check their e-mails, receive messages, post Tweets, scroll their Facebook accounts and more - all from their phones. Technology can be a wonderful thing, but behind the wheel, it has proven deadly.

The Governor's Highway Safety Association reports that in nine states, as well as in Washington D.C. and the Virgin Islands, no driver is allowed to use a handheld cell phone while driving. In all but one of those states, to do so is considered a primary offense, which means a police officer can give you a ticket solely for breaking that law. In Maryland, it's considered a secondary offense, which means officers would have to have another reason to pull you over.

In these states, it is still legal to use hands-free or Blue Tooth devices, as long as your hands can remain on the steering wheel.

Still, there are some states that ban cell phones for certain categories of drivers, mainly newly-licensed drivers and those who operate school buses.

This is the case with Alabama, where novice drivers 17 and younger are banned from using their cell phones at all - including to text. Teens may view this as somewhat unfair, but statistics have proven that teen drivers, with their inexperience, are more prone to distraction, and when that happens, accidents are more likely to occur.

As we mentioned earlier, in terms of anti-texting laws, such as the one Alabama lawmakers are currently mulling, there are 35 states, as well as D.C. and Guam, that have some law on the books pertaining to this issue. In 32 of those states, it's considered a primary offense.

On the Birmingham News' website, a number of posters voiced their opinions concerning the proposed law, with many speaking out in favor of the measure. It seemed everyone had a story about a near-miss with a distracted driver.

"Yesterday alone I saw two close calls due to people being distracted," said one user. "One was a cell phone, a young girl rolled through a stop sign while looking down at a phone." The writer went on to say that a young man barreled over a curb while looking down into his lap, rather than on the road.

Bill Aims to Reduce Risk of Drunk Driving Car Accidents in Alabama

Wed, 15 Feb 2012 08:50:38 -0600

A new bill is expected to be offered in Washington that will potentially rework federal transportation programs to offer millions of dollars in funding to deserving states for incentives to help to reduce the risks of drunk driving car accidents in Alabama and elsewhere. The goal is to help lawmakers enact tougher penalties for those convicted of a first-time drunk driving offense, according to The Hill. Not everyone's on board though, saying that these kinds of programs require millions and millions of dollars to be successful. It's takes community effort and seemingly endless funds for these types of programs.

What we're talking about is Title V. This bill could potentially free up about $500 million every year for highway safety grants in deserving states. About 5 percent, or about $25 million, of that funding would be handed over to states that already require ignition interlock devices for first-time drunk driving offenders.

Drunk drivers scare us, too! Our Alabama drunk driving accident attorneys understand that every year, drunk drivers take the lives of thousands of innocent motorists across the U.S. What's most sad about it is that these accidents are preventable. These victims didn't have to die.

How an ignition interlock device works it that it requires a driver to take part in a breath test so that the device can measure their blood alcohol content (BAC). In the state of Alabama, the legal BAC level is 0.08. The vehicle will not start if the device tests a certain BAC level. Currently, there are 15 states with ignition interlock laws affecting first-time offenders who tested with a 0.15 BAC or higher. These states would be eligible for the federal funds as well.

The American Beverage Institute (ABI) has voiced strong opinions against the bill. The Institute recently argued that the bill's incentives would not be able to cover the costs of implementing a new set of rules to require the installation of ignition interlock devices in the cars of all first-time DUI offenders.

Some say the federal money that's given to states to adopt this kind of drunk driving law won't cover the millions it would cost to push this type of enforcement and monitoring enforcement statewide. These kinds of law take a lot to enforce. It's not so much throwing officers on the roadways to monitor drunk drivers, but it's raising awareness about the new procedures, costs associated with installing the monitors and costs to keep tabs on these driver.

ABI says the devices should really only be used in the cases of repeat offenders and first-time drunk driving offenders with high BAC levels. Officials suggest that first-time offenders who reported a BAC of 0.15 or higher will be subjected to these ignition interlock devices.

Under the bill and the reworking of the current law, states would be able to revoke an offender's driver's license for a year or a driver would have to use an ignition interlock with a restricted license.

House Transportation and Infrastructure Committee Chairman John Mica (R-Fla.) is expected to introduce the bill.

Parents and Passengers Affecting Teen's Risks for Car Accidents in Alabama, Nation

Tue, 07 Feb 2012 06:30:29 -0600

Teens are at high risks for car accidents in Montgomery, Alabama and elsewhere. Their inexperience behind the wheel hinders their ability to safely navigate our roadways. But did you know there are things you and your teen driver may be doing that can be increasing those risks?

According to two new studies released in the Journal of Adolescent Health, passengers and parental involvement can make or break your teen's safety behind the wheel.

Both of the recent studies concluded that comprehensive graduated driver's licensing (GDL) programs and parental oversight are effective ways to help to reduce the risks of teen car accidents.

One of the studies looked at the driving habits of nearly 200 teenage drivers in 15 different states with graduated drivers licensing (GDL) programs. After analyzing their driving behaviors, researchers concluded that teens who had parents who were involved in monitoring the young driver's habits were less likely to act dangerously behind the wheel. The teen drivers with parents who stayed aware of their teen's whereabouts and their driving habits were typically safer behind the wheel.

One of the most important factors in a teen's safety is the number of passengers in the vehicle with them. Even with some of the strictest parental oversight, a teen's perception of dangers and risks on the road diminish significantly when other teen passengers are present.

The second of the two studies examined the accident reports of nearly 700 teen drivers, ages 16 to 18, who were involved in a traffic accidents. According to on-scene accident investigations, both female and male teen drivers were more susceptible to accidents when passengers were in the vehicle.

When passengers are present, male teen drivers were more likely to act aggressively behind the wheel and to pull an illegal maneuver just seconds before the accident. When passengers were present, female teen drivers were more likely to engage in activities with the passengers, such as talking, texting and making calls just seconds before the accident occurred. Both male and female drivers drove more safely when they were not with other teen passengers.

"Distraction from peer passengers appears to play a prominent role for both male and female drivers," said the lead author of the studies, Allison E. Curry, Ph.D., MPH.

In the state of Alabama, teen drivers can have no more than one passenger at a time with them while operating a motor vehicle under an intermediate or restricted license stage, according to the Insurance Institute for Highway Safety (IIHS). With a comprehensive GDL program in place in Alabama, nighttime driving restrictions, supervision requirements and passenger restrictions, it's a start. But parents need to stay on top of their teen driver to make sure these rules are enforced and that they're in-the-know with their teen's driving habits. GDL programs coupled with parental oversight can help to keep our teens safe on our Alabama roadways.

Super Bowl Sunday Second Deadliest for Drunk Driving Accidents in Tuscaloosa, Nation

Thu, 02 Feb 2012 08:20:16 -0600

The Super Bowl is this Sunday! Kickoff is at 6:30 p.m. between the New York Giants and the New England Patriots. While neither of the teams are from Alabama, people throughout the state are sure to pile in front of the TV to enjoy the biggest football game of the year with friends and family members. Some of us will be gathering at house parties. Others will be getting together at local restaurants and bars for Super Bowl parties. What none of us should be doing is getting behind the wheel after consuming alcohol.

Super Bowl Sunday sees more drunk driving car accidents in Tuscaloosa and elsewhere than any other day of the year aside from New Year's Day. This year's drunk driving prevention campaign is called "Fans Don't Let Fans Drive Drunk," and it's being put on by the U.S Department of Transportation (USDOT), law enforcement officials nationwide and the Techniques for Effective Alcohol Management (TEAM) Coalition. According to the National Highway Traffic Safety Administration (NHTSA), a subsidiary of the USDOT, there have been roughly 180,000 football fans have already signed up to be a designated driver this season. These drivers are the key to safer roadways, especially on Super Bowl Sunday.

Our Tuscaloosa drunk driving accident attorneys understand that February 5th is going to hold some serious celebrations for football fans nationwide. Most of these celebrations will offer alcohol and many fans will be indulging. What we need to avoid is allowing these fans from getting behind the wheel. That's where a designated driver comes in. Before the celebrations begin, fans should designate a sober driver. There are expected to be nearly 150 million people watching the big game from a television set this Sunday. There should be plenty of sober drivers available. It's your responsibility to team up with one.

Nationwide, DUI enforcement efforts and sobriety checkpoints will be plenty. Officers are on the hunt for drunk drivers and have already predicted an increase of arrests on Sunday. Historically, more than half of all fatal car accidents that occur on Super Bowl Sunday are alcohol-related. In fact, experts predict about 325 million gallons of booze will be consumed on that one day. That's enough beer to fill nearly 500 Olympic-sized swimming pools.

"Drafting a designated driver this weekend will be the correct play call for a sure win," reports the NHTSA.

A designated driver is a player on your team and is helping to get you home safely. You're urged to take care of your designated driver. They are helping to save your life. Offer to pay them for some of the gas or for the parking. Make sure they're comfortable and enjoying themselves. Offer to pick up the tab. Non-alcoholic drinks and Super Bowl finger foods aren't going to bust the bank. Make sure their non-alcohol beverage is always filled up. Your designated driver is a true friend, looking out for your safety and the safety of others on roadways statewide.

If you don't have a designated driver, there are alternatives. Stay at a hotel or a friend's home, get a taxi cab, or use public transportation. Whatever you do, don't get behind the wheel. It's a sure way to wind up in handcuffs or the hospital.

Enjoy Super Bowl Sunday and keep safety as your power play!

School Bus Accident in Alabama Sends 20 Students to Hospital

Mon, 30 Jan 2012 10:48:40 -0600

A recent school bus accident in southeast Alabama sent 20 students to local hospitals. According to The Washington Post, the bus accident happened just after 7:00 a.m. as the bus made its way to Goshen's Elementary and Goshen's High Schools.

On the school bus at the time of the accident were 40 students. Twenty-one were transported to ambulances to local hospitals and Troy and Luverne. Pike County Sheriff Russell Thomas says that the weather contributed to the accidents. He says that weather conditions were poor and it was raining hard when the bus flipped. Still, an official cause of the accident has yet to be released by authorities. Some reports indicate that the rear tire of the school bus left the roadways shortly before it overturned.

"It's just an unfortunate accident. Right now we're focusing on providing support to the students and their parents," said Dr. Mark Bazzell, the superintendent of Pike County Schools.

Our Alabama school bus accident lawyers understand that there are about 9 billion school bus trips that are made every year. Less than 450,000 school buses make these 9 billion trips. On these trips are nearly 25 million students. The trips are made to and from school, athletic events, camps and religious events. It is estimated that more than 25 school-aged bus riders are killed in these types of accidents every year. Hundreds of others are injured.

Some of the main reasons for school bus accidents include the lack of seat belts for the buses and the fact that their design really hasn't changed since 1977.

"Although accidents do occur, the yellow school bus is still the safest way to transport children to and from school," said Pete Japikse, co-director of the American School Bus Council.

Tips to Help Reduce the Risk of Injury on a School Bus:

-When the school bus is approaching your bus stop, be sure to stay at least 10 feet away from the curb. Don't approach the bus until it has come to a complete stop and the driver says it's safe.

-If you've got to cross the street to get to the bus, again wait until it comes to a complete stop and wait for the bus' red light to start flashing. Look both ways and proceed to cross the street when it's safe.

-Once you get on the bus, listen to the driver. Stay calm. Never rush or push other riders out of the way.

-Remain seated.

-Keep your voice low.

-Keep your feet, hands and head inside the bus.

-Never throw things inside the bus or out of the bus window.

-Always keep the bus clean.

-Listen to the driver.

-Never get within 10 feet of the bus while it's moving. This area is known as the "Danger Zone."

-If you drop something by the bus, don't bend over to pick it up until you've alerted the bus driver.

-Drivers should slow down near buses, whether they're moving or stopped.

Revisit our Alabama Injury Attorneys Blog for upcoming school bus safety tips and safe driving tips for residents as we head through the remainder of the school year.

FMCSA Passes Final Rule to Help Reduce Risk of Trucking Accidents in Alabama, Nation

Tue, 24 Jan 2012 08:50:23 -0600

Ray LaHood, the Secretary for the U.S. Department of Transportation, recently announced a final rule that employs the most recent facts and stats of driver fatigue to help reduce the risks of accidents. The new rule is to help ensure that truck drivers get enough rest before setting out on our roadways and endangering innocent motorists. The newly-enacted rule is being used to revise the hours-of-service (HOS) safety requirements for commercial truck drivers, which was previously written by the Federal Motor Carrier Safety Administration (FMCSA).

"Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," said LaHood.

LaHood added that this rule will help increase roadway safety, help reduce the risks of accidents and potentially save lives.

To help spread the word and ensure this rule is effective, the FMCSA conducted a number of public listening sessions across the U.S. where trucking company owners, truckers, police officers, safety advocates and the public could share questions and concerns.

The Administrator for the FMCSA, Anne Ferro, said the rule was created after an intense and thorough public outreach. After receiving input from all of the invited parties, the FMCSA created what they believe to be the most effective hours of service rule ever.

The new rule says drivers' weekly driving time needs to be cut by 12 hours. Before the new rule, drivers were allowed to be behind the wheel for 82 hours in a week. The new rule only allows driver to be behind the wheel for 70 hours each week.

The second addition to the rule states that drivers must take at least a 30-minute break after every eight hours of driving.

Lastly, drivers are not allowed to driver for longer than 11 hours in a single day.

Companies that fail to acknowledge these new rules could face serious penalties and fines for each offense.

In 2009, there were nearly 4,000 people killed in the U.S. in accidents involving a large truck. Additionally, another 75,000 people were injured in these types of accidents. Alabama saw nearly 100 large trucks involved in fatal accidents. The National Highway Traffic Safety Administration (NHTSA) estimates there are more than 295,000 large trucks on U.S. roadways. These new rules from the FMCSA are designed to help to reduce these numbers of fatalities and injuries and to keep these 10,000+ pound trucks from wreaking havoc on our roadways.