August 27, 2011

Drunk Driving Accidents in Alabama and Elsewhere an Ongoing Risk

Every year, thousands of people die because of car accidents the United States. A large number of these fatalities are the result of drunk driving accidents in Alabama and elsewhere. All of these accidents are preventable if residents exercise common sense and responsible drinking -- an important reminder through the upcoming Labor Day weekend.

In 2009, there were nearly 850 people that were killed in the state of Alabama because of traffic accidents, according to the Alabama Department of Economic and Community Affairs. Nearly 300 of these fatalities were the result of traffic accidents that involved an alcohol-impaired driver. These accidents represent more than 30 percent of the state's fatal accidents.

Our Alabama drunk driving accident attorneys understand that many drunk drivers don't go out with the intentions of driving home drunk. But when they find themselves without a designated driver they start to convince themselves that they're okay to drive. Consumption of alcohol has the ability to alter your reactions and to put you at risk for a serious car accident.

Impaired drivers contribute to one of the country most-often-committed and deadliest crimes:

-Seven out of every ten drivers who are involved in a fatal alcohol-related accident report having a blood alcohol concentration of at least .15.

-Nearly 15 percent of alcohol-related accident fatalities occurred to those under the age of 15.

-Drunk drivers are four times more likely to hit the road during the evening that during the daytime hours.

-Drivers age 21- to 24-years-old accounted for 35 percent of all of the drivers that were involved in drunk driving accidents.

-In 2008, roughly 25 percent, or nearly 700, young drivers ages of 16- to 19-years-old who were killed in a traffic accident had a BAC .08 or higher.

In an effort to reduce the number of fatal alcohol-related traffic accidents, the National Highway Traffic Safety Administration and Alabama's Law Enforcement and Traffic Safety Division uses state funds to organize the Alcohol-impaired Driving Countermeasure Incentive Grant Program. These funds are used to pay for increased enforcement efforts to officers who are conducting DUI enforcement efforts.

To help reduce your risks of being involved in a drunk driving car accident, considering the following safety tips:

-Before you start drinking, make sure that you've chosen a designated driver and that your driver has agreed to remain completely sober throughout the night.

-Never allow your friends or family members to drive under the influence.

-If you're impaired and left without a sober driver to get you home, you're urged to call a taxi, a friend or a family member. Try out your community's Sober Rides program, get a hotel room or stay at a friend's house.

-If you're throwing a party where alcohol will be served, make sure your guests know to make travel arrangements to help ensure that they make it home safely.

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August 24, 2011

Children Face Serious Risks for Pedestrian and Bicycling Accidents in Alabama throughout the School Year

According to the Journal of Trauma Injury, Infection, and Critical Care, child pedestrian injuries in Alabama and elsewhere throughout the country are affecting far too many of our young residents.

Pedestrian-car accidents are the second-leading cause of death for children between the ages of 4- and 15-years-old. Roughly 20 percent of children ages 5- to 9-years-old, who were killed in traffic accidents, were pedestrians that were hit by a vehicle. These statistics are very alarming, especially as the school year kicks off and more and more young students are expected to be out on our roadways walking to school or bicycling to school.

Our Birmingham pedestrian accident attorneys understand that more than 39,000 children are injured in these types of accidents every single year. Parents are urged to talk with their young students about the dangers of walking to school -- talk with them about safe pedestrian habits that can help them to stay safe each day while traveling to and from by foot or by bike.

Most school-aged children involved in pedestrian accidents are killed while walking home after school. About 40 percent of child pedestrian accidents occur from 3:00 p.m. to 8:00 p.m. Nearly 80 percent of these accidents happened at areas other than intersections. Mid-street crossings account for roughly 70 percent of the injuries sustained by child pedestrians under the age of 10.

The National Safety Council offers these safety tips to your little pedestrian:

-Never allow children that are 10-years-old or younger to walk to school alone.

-Make sure your child always uses a sidewalk.

-If there's no sidewalk available, make sure they walk facing traffic.

-Remind your young pedestrian to always cross the street at a street corner or at an intersection.

-Make sure your child knows to look both right and left before stepping off the curb to cross the street.

-Instruct your child to continue looking right and left as they're crossing the street.

-Tell your child to walk, never run, across a street. Running makes them more likely to trip and fall.

-Make sure your child knows to never run out in front of a parked car. Oncoming traffic may not be able to see your child.

We also understand that a number of students will be using their bicycles to get to and from school every day. Students that will be riding a bike are also urged to be cautious near our busy roadways to help to avoid an accident with a motor vehicle. The National Highway Traffic Safety Administration reports that bicyclists that were under the age of 16 accounted for nearly 15 percent of all of the bicyclists that were killed on our roadways in 2009.

To help keep your little bicyclist safe, talk to your child about the following safety tips:

-Always wear a helmet. Children under the age of 16 in Alabama are required by law to wear a helmet when riding a bike.

-Only the width of two fingers should be able to fit between your eyebrows and the bottom of your helmet.

-Get familiar with the rules of the road and get plenty of practice in so you're more confident and comfortable on our roadways.

-Always ride on the right side of the road. Ride in a single-file line and in the same direction as traffic.

-Wait for a driver to signal the go ahead before crossing the street.

-Wear bright colors if you have to ride when the sun's not out.

-Equip your bicycle with reflective tape and lights to make yourself more visible to drivers.

Talking with your child about safe traveling habits can help to keep them safe on their journey to and from school each day. We would like to wish everyone a happy and safe school year!

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July 5, 2011

Alabama Ups DUI Enforcement In The Hopes of Preventing the Crime

Governor Bentley recently signed Senate Bill 361 into law, requiring a number of convicted drunk drivers to install ignition interlock devices on their cars, according to WAFF News. These devices would make it impossible for drivers to start the car without first testing their blood-alcohol levels. This technology is meant to keep a convicted drunk driver from recommitting the crime and to keep them from being involved in a drunk driving accident in Alabama.

These devices will serve as a great inconvenience to those who have been convicted of driving under the influence. These interlock devices are similar to breathalyzer machines that are used by police. The hope is that those who are convicted of DUI will get the help they need in order to prevent a future accident.

Our Birmingham personal injury attorneys understand the intent behind Madison Senator Bill Holtzclaw's decision to initiate this law and we hope for victims of this type of crime it will give them some assurance that the number of repeat DUI offenses will go down statewide. Alabama is the last state to adopt some sort of ignition interlock device in order to prevent these serious and preventable accidents.

As Alabama sees a significant number of drunk drivers on our roadways, the National Transportation Safety Board (NTSB) aims to reduce the number. They know about these dangers all too well, which is why they've placed alcohol-impaired drivers on their "most wanted" list.

As it stands, someone is killed in a traffic accident that involved an alcohol-impaired driver every 48 minutes. According to the National Highway Traffic Safety Administration (NHTSA), a person makes nearly 90 impaired driving trips before finally getting busted. In 2009 alone, nearly 11,000 people died in these types of accidents. Accidents that involved an impaired-driver reportedly accounted for one-third of all highway deaths. More than 196,000 were injured throughout the year. Even though the United States has seen a decrease in the number of highway deaths in recent years, the fact that one-third of these fatalities resulting from an accident with an alcohol-impaired driver has not changed in the last 10 years.

The NTSB offers these suggestions to states to help keep drunk driving incidents under control:

-Conduct sobriety checkpoints.

-Enforce administrative license revocation when sobriety tests are failed or refused.

-Prohibit all plea bargaining and diversion programs.

-Create vehicle sanctions that separate individuals from their vehicles. These sanctions should prevent a previously convicted driver from operating their vehicles while under the influence of alcohol.

-Use of jail alternatives, jail/treatment facilities, home detention with electronic monitoring or intensive supervision probation to treat and assess convicted drivers.

According to the NHTSA, Alabama witnessed nearly 350 fatalities as a result of car accidents that involved an intoxicated driver in 2009 alone.

While the numbers are staggering, we hope that drivers will be more responsible and perhaps new penalties will dissuade people from committing the crime. We know that our state has been lagging in enforcement, but hopefully law enforcement will be able to curb this preventable crime.

Continue reading "Alabama Ups DUI Enforcement In The Hopes of Preventing the Crime" »

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June 30, 2011

Technology Increases Risks for a Distracted Driving Car Accident in Alabama

According to a recent study from the University of Alabama at Birmingham, nearly 40 percent of surveyed students admitted to using mobile phone applications while operating a motor vehicle, according to UAB News. Many of these students still participate in the dangerous activity even after they’ve almost involved themselves in a serious car accident in Alabama because of it.

“The participants seemed to understand that using mobile apps while driving is dangerous, and some have even experienced motor vehicle crashes while using mobile apps, but they continue to do it,” said University of Alabama student Lauren McCartney, who conducted the survey.

Our Birmingham injury attorneys are proud to report that this study will be presented in August to the 119th American Psychological Association (APA) convention in Washington, D.C. It’s encouraging to hear about students getting involved in driver safety. With concerned students on our local campuses, we may have a chance to reduce the number of fatalities caused by dangerous and careless driving habits. Our driving future may not be doomed after all.

“The technology is evolving so rapidly that science hasn’t caught up to looking at the effects that mobile app usage can have behind the wheel of a car,” says McCartney. “But something needs to be done because in psychological terms, Internet use involves substantial cognitive and visual distraction that exceeds talking or texting, making it much more dangerous.”

Currently, 33 states have already banned text messaging while driving. No states have yet to ban the specific use of mobile Internet while driving.

“Driving a car is an incredibly complex task for humans to complete safely. There are enormous cognitive, perceptual and motor tasks an automobile driver must complete, frequently very quickly and with split-second precision,” says Schwebel. “A driver using his or her smartphone is clearly distracted, both visually and cognitively, and really should not be driving. The fact that 10 percent of college students with smartphones ‘often’ are using them while driving is astounding — the fact that 35 percent ‘sometimes’ do is equally concerning.”

Since June of 2009, accidents that were caused by distracted driving have been recorded by the state's electronic crash report system, called eCrash. According to Alabama Live, there have been more than 1,400 wrecks reported that involved a distracted driver using a cell phone or another electronic device in the past 13 months.

"Although the available data is limited, there are many examples of vehicle crashes where distracted driving was a factor," ADECA Traffic Safety Program Manager Bill Whatley said in a prepared statement. "We urge Alabama drivers to recognize that anything that distracts you from driving your vehicle is reckless behavior that endangers us all."

A fairly new organization, Alabamians Against Distracted Driving (AADD), aims to combat this problem. They were established after US Department of Transportation Secretary Ray LaHood’s requested participation from public-minded citizens.

He asked for their assistance and requested they become involved in the “anti distracted driving” movement. AADD aims to educate drivers about the dangers of texting while driving and of the danger of using a cell phone while driving, even if it's a hands-free device. Drivers using cell phones are 4 times more likely to be involved in a car accident.

"Texting has been the big explosion," said Michael Bassett, administrator of driver's education for the state Department of Education. "We tell them if you are going to text, you need to pull over to a safe place. If there's someone else in the car, they are the ones who need to be using the phone, not the driver."

Continue reading "Technology Increases Risks for a Distracted Driving Car Accident in Alabama" »

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June 29, 2011

Our Birmingham Injury Attorneys Wish You a Safe and Happy 4th of July!

The 4th of July holiday weekend is approaching and our Birmingham personal injury attorneys would like to wish everyone a happy and safe Independence Day. It is important to remember to be safe and cautious during this celebratory weekend as your risk of injury faces a steep increase.

When you think of the 4th of July, of course you think of fireworks. According to the Birmingham-based United States Eye Injury Registry, there are roughly 12,000 fireworks-related injuries that are treated in U. S. hospital emergency rooms each year. It is estimated that every year as many as 400 Americans suffer permanent vision loss in one or both eyes because of firework injuries in Alabama and elsewhere.

"The best way to enjoy fireworks this Fourth of July is to leave them to the professionals," says Doug Witherspoon, M.D., director of the Ocular Trauma Center at University of Alabama at Birmingham Callahan Eye Hospital.

Firework safety tips to keep you save this 4th of July:

-Refrain from using bottle rockets.

-Do not allow children to play with fireworks, or even sparklers.

-Always keep water nearby, either in a bucket of water or from a hose.

-Always have an adult present.

-Never relight dud fireworks. Let them sit for 20 minutes and then soak them in water.

-Don't drink and use fireworks. Always have a designated lighter.

-Never mix fireworks.

-Store fireworks in a cool, dry place away from children and pets.

-Make sure that the person lighting fireworks is wearing eye protection.

-Use fireworks as they're instructed.

-Only light one firework at a time.

Residents are also urged to celebrate safely near water, whether on a boat or in your backyard pool.

In 2002, according to Alabama Department of Public Health, there were more than 60 pool drowning deaths in our state. Drowning is the second leading cause of injury-related death in Alabama for children under the age of 15.

In 2007 alone, there were nearly 3,500 fatal unintentional drownings in the United States. These pool-related drownings average out to about ten occurring each day, according to the Centers for Disease Control and Prevention.

More than half of all drowning victims that are treated in emergency rooms end up needing hospitalization. Nonfatal injuries can turn out to be severe. These types of drownings can cause brain damage that can result in long-term disabilities. These disabilities can include memory problems, learning disabilities, and permanent loss of basic functioning.

When celebrating by the pool, remember these safety tips:

-Always use the buddy system when swimming.

-Never let children swim without supervision.

-Do not use rafts, water wings, inner tubes or any other air-filled swimming aid as a safety device. They are not designed to protect children from drowning.

-Enroll your child in professional swimming lessons as early as possible.

-Learn cardiopulmonary resuscitation (CPR). This lifesaving strategy can help to keep victims alive until paramedics arrive in the event of an emergency.

A number of residents and visitors will be hitting the water on a boat over the long holiday weekend as well. We urge all boaters to take every safety precaution as a day on the water this weekend is could result in serious -- if not fatal -- injuries. In 2009 alone, the U.S. Coast Guard reported that there were more than 4,700 boating incidents. Nearly 4,000 boaters were reported to have been injured and more than 700 died.

Of those who were injured, 9 out of 10 of them were not wearing life jackets Most boating fatalities that happened in 2008 were caused by drowning with 90 percent of victims not wearing life jackets. The remainder of boating fatalities were caused by trauma, hypothermia, carbon monoxide poisoning, or other causes.

Discover Boating offers these safety tips to you if you're going to be out on the water during this 4th of July weekend:

-Check the weather. Be sure to check TV and radio forecasts before venturing out on your boat and keep an eye on changing weather conditions once you're on the water.

-Abide by waterway speed limits.

-Be respectful of navigational aids and buoys.

-Be sure to travel with someone, aside from yourself, that is familiar with your boat’s handling, operations, and other boating safety tips.

-Avoid alcohol. You're twice as likely to be involved in a boating accident when alcohol is involved.

-Learn to swim. Check with your local American Red Cross or other safety advocates for training programs and instructional classes in your area.

-Enroll in a boating course. This will help to you become familiar with boating safety rules of operation.

-Free vessel safety check. The US Coast Guard offers free boat examinations to ensure the presence and condition of safety equipment that is required by State and Federal regulations.

We hope that you have a fun and safe holiday weekend and make sure you check out some of the great Alabama 4th of July events.

Continue reading "Our Birmingham Injury Attorneys Wish You a Safe and Happy 4th of July!" »

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June 27, 2011

Teens Unite to Raise Awareness of Summertime Trucking Accidents in Alabama and Elsewhere

A large group of teens met in Washington D.C. to help raise awareness about the dangers presented on our roadways each summer and to discuss the increased risks of teen car accidents.These teens pledged to recognize truck's blind spots and pledged to not text behind the wheel or a motor vehicle.

This safe teen driving event was organized by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the National Organizations for Youth Safety (NOYS) and the Commercial Vehicle Safety Alliance (CVSA). Representatives from each organization spoke to students from the area. They discussed the importance of driving safely around big trucks. During the summer months we typically see an increased number of large trucks on our roadways. Unfortunately, this is when we also see an increased number of fatal teen car accidents in Birmingham and elsewhere.

Our Alabama personal injury attorneys understand that teens have much less driving experience than many of us. For this reason, they are much more vulnerable on our roadways and are more likely to be involved in serious -- if not fatal -- car accidents. Their chances of being involved in an accident with a big truck sees a significant increase during the upcoming months as teens are out of school for summer break and many commercial trucks hit the road to take care of business.

What many teens do not know is that a fully loaded tractor trailer needs approximately twice the distance to stop than a passenger vehicle needs. They may not be aware of their large blind spots either. These blind spots are known as "No Zones.” These are areas that motorists must avoid because this is where a truck driver is not able to see them.

“We want everyone to be safe, but as newer drivers, teens must adhere to a few simple rules,” said Anne Ferro, Administrator of the Federal Motor Carrier Safety Administration. “They are: buckle up, don’t drink and drive; don’t speed, don’t text or use your phone, and steer clear of a truck’s blind spots.”

According to the U.S. Department of Transportation’s Fatality Analysis Reporting System, the deadliest driving days for teens ages 15-19 are in the months of May, June, July and August. It is during these four months that nearly twice as many teens died in 2009 on U.S. roadways each day as compared to the rest of the year. During these four months, an average of nearly 16 teens died each day, compared to an average of nearly nine teen deaths a day during the year as a whole.

"Prom, graduation, and summer are fantastic times for youth to celebrate and enjoy. However, with these fun times come unfortunate tragedies,” said Sandy Spavone, President of the National Organizations for Youth Safety (NOYS). “Through education, enforcement, and legislation lives can be saved and injuries prevented."

Drivers ages 16- to 24-years-old make up the age group that has the highest traffic crash death rate in the United States. As a matter of fact, from 2005 to 2009, nearly 4,000 people from this age group were killed in motor-vehicle accidents that involved a large truck.

“Do not expect that having a driver's license is a right that comes without responsibility or risk,” said Steve Keppler, Executive Director of the Commercial Vehicle Safety Alliance (CVSA). “Be accountable for your actions, spread the word to your friends and parents, and help create a culture of safety. Most importantly, take the driving task seriously. You never know the impact you can have that ultimately could save your life or someone else's."

Safety tips for motorists sharing the road with large trucks:

-Stay out of a truck's blind spots. If you cannot see the driver, the driver cannot see you.

-Do not follow closely behind a truck. When they let off the gas, they have a tendency to roll backwards.

-Keep both hands on the wheel when a truck is passing you or you are passing a truck.

-Allow trucks enough room to pass.

-Remember that these large vehicles take wider, and longer, turns than normal passenger vehicles.

-Don't cut in front of a large truck. They take a much longer time to stop than a passenger vehicle.

Continue reading "Teens Unite to Raise Awareness of Summertime Trucking Accidents in Alabama and Elsewhere" »

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March 24, 2010

Alabama Auto-Pedestrian Injury News: Mobile High School Student Seriously Hurt by Pickup Truck Driver

Pedestrians all across Alabama are hurt or killed as a result of a negligent drivers more often than you may imagine. As a Birmingham personal injury attorney, I know all too well the kind of bodily injures a passenger car, pickup truck or commercial delivery vehicle can inflict on person walking along a rural route or crossing a city street. I don’t need to remind anyone that it is every driver’s responsibility to be aware of persons on foot in or near our public roadways.

In the countryside, as well as in our cities, there are more than enough opportunities for pedestrians to sustain injuries, many of them life-threatening, due to an automobile collision. Auto-pedestrian accidents typically result in the pedestrian being severely hurt, left unconscious or even permanently disabled as a result. The aftermath of a car-pedestrian collision usually entails cuts and bruises at best, with broken bones, concussions and possible traumatic brain and spinal cord injuries being commonplace.

Recently, a 17-year-old student from Baker High School was hit by the driver of a pickup truck near a construction zone in West Mobile, AL. The traffic accident took place in the morning hours while the young man was crossing Airport Boulevard apparently on his way to school. According to police, Alfred Leonard was in critical condition following the accident that happened just before 7:30am. Emergency personnel responding to the crash treated the student who was subsequently transported to the University of South Alabama Medical Center.

Based on news reports, the boy was still unconscious when he was admitted to the medical facility’s intensive care unit (ICU). A spokesman from the Alabama Department of Public Safety stated that Leonard suffered a lacerated liver, broken femur and a possibly serious head injury.

As much as we may want to trust that drivers will be watching out for persons on foot, my warning to anyone who walks on or near public thoroughfares is be very careful and never assume that motorists will see you, even in the middle of the day. As pedestrians we must be highly vigilant and aware of oncoming traffic. Even if you cross in a designated crosswalk, be sure that all traffic is stopped and it is safe to proceed. Being a personal injury lawyer and parent myself, I say this goes doubly for children walking to or from school.


Baker HS Student Struck By Truck, WKRG.com, February 4, 2010


Tags: Alabama Injury Attorney, auto accident, Birmingham Personal Injury Lawyer, brain truama, death, driver fatigue, excessive speed, fatal accident, fatality, head injuries, hospitalization, intensive care, negligence, negligent driver, passenger car, pedestrian, spinal column injury, traffic death, truck accident, wrongful death

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March 10, 2010

Birmingham Personal Injury Lawyer Update: Hurt while Shopping, Dining or Doing Business in Alabama?

Many people don’t realize the extent that an injury can have on one’s life. Whenever someone is hurt in an on-premises accident that seriousness of that bodily injury can cause a great deal of trauma, not just to the victim but to his or her family as well. Physical trauma goes without saying, but if that slip-and-fall accident or other personal injury results in even temporary disability you’re looking at potentially high medical bills, not to mention lost wages or the complete loss of a job as a result.

As a Birmingham personal injury attorney, I understand how much an on-premises accident can disrupt a person’s life. This kind of accident can really put your family in a financial bind. Representing Alabama resident in the area of injury law, I have many years of experience in handling cases for people hurt or killed as a result of another person’s negligence.

One thing you must do before agreeing to any settlement with an insurance company or other party is to consult a knowledgeable Alabama personal injury attorney. The small amount of time required can help you to better understand your rights in the aftermath of an accident. Whether that injury is only temporarily or has left you permanently disabled, you must do your research before making any decisions that could adversely affect you and your loved ones.

Being injured at work or while performing a job-related task means you may be able to qualify for workmen's compensation. As above, if you have been injured on the job never agree to settle any claim without first talking with a qualified attorney who focuses his or her practice on Alabama worker's compensation law. An experienced workmen's comp lawyer has the skills to help you realize the award to which you are entitled under Alabama's workmen's compensation laws.

And don’t forget, Alabama worker’s compensation benefits can sometimes come up short when compared to lost income and high medical expenses associated with an on-the-job injury. An experienced injury lawyer can help you in the event there is third-party liability associated with your injury. In fact, it is not uncommon for the recovery from a third party to be greater than that from the individual’s employer.

Tags: Alabama Injury Attorney, Birmingham Personal Injury Lawyer, brain truama, driver error, employer responsibility, hospitalization, lost wages, medical costs, neck injuries, negligence, on-premises accident, on-the-job accident, serious injury, spinal column injury, traumatic brain injury, work-related accident

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February 24, 2010

Birmingham Personal Injury News: Former Alabama Exotic Dancer Wins $100K Injury Suit following DUI Accident

As a personal injury attorney serving clients in Birmingham, Auburn, Gadsden, Bessemer and throughout Alabama, I have the skills and experience to help individuals injured as a result of another person’s negligence. Whether it’s a slip-and-fall accident, products liability case or injury resulting from a drunk driver, you’re best course of action is to retain the services of a qualified legal professional.

Not surprisingly, an experienced auto accident lawyer and personal injury attorney can make all the difference in the world to someone hurt in a traffic or on-premises accident. A recent article brought to mind the potential benefit of bringing legal knowledge to bear in an injury case. According to news articles, it has never happened in the history of Alabama’s legal system, but a former nightclub stripper sued her employer after she drove drunk and became injured in a drunk driving-related car crash.

Amazingly, the former exotic dancer was awarded $100,000 after blaming the club for her accident. According to court records, Patsy Hamaker of Bessemer, AL, claimed she left the strip club in an intoxicated state and eas subsequently injured in a 2007 traffic accident. She argued that the nightclub went against its own written policies, although lawyers for the club said that no policies where in existence at the time.

Hamaker had filed the suit against The Furnace in Jefferson County for a total of $1.2 million in damages after she left the club and drove home drunk. According to reports, the woman had a 0.198 blood-alcohol content following the accident on October 17, 2007.

Although the plaintiff was legally drunk, she claimed the club was at fault for allowing her to leave before she sobered up. Defense attorney’s for the club argued that Hamaker was also high on other substances, which the club apparently did not know about. Still, a jury sided with the former exotic dancer, who said she can no longer dance because of the injuries sustained in that traffic accident. A Jefferson County jury awarded her $100,000 for compensatory damages to cover her unpaid medical bills. No punitive damages were awarded.

The defense said it would consider an appeal from a public policy stand point since there has never been a case like this in the state of Alabama.


Jury awards ex-Stripper $100K for DUI wreck, WashingtonPost.com, February 3, 2010


Former Exotic Dancer Wins Lawsuit Update, CBS42.com, February 2, 2010


Tags: Alabama Injury Attorney, auto accident, Birmingham Personal Injury Lawyer, brain truama, employer responsibility, hospitalization, neck injuries, negligence, passenger car, serious injury, spinal column injury, traffic accident, traumatic brain injury, unpaid medical costs

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September 23, 2009

Injured on the Job in Alabama? Remember Third-party Liability when Considering Your Personal Injury Case

On-the-job mishaps, on-premises accidents or other incidences involving bodily injury can not only disrupt your life, but also can put your family in a difficult financial situation. As a Birmingham personal injury lawyer, I have many years of experience handling cases for individuals who were hurt as a result of another person’s negligence. Before you agree to any settlement, I recommend that you consult a knowledgeable Alabama personal injury attorney to better understand you rights following an accident that leaves you temporarily or permanently disabled.

One example of how a qualified legal professional can help you in such situations is related to the area of liability. Take for example a worker injured on the job while working in a manufacturing facility. Initially, it may seem obvious that the owner of that factory or production plant is responsible for any accidents that occur while an employee is working for that company. But did you ever consider what attorneys refer to as “third-party” liability?

Here in Alabama, worker’s compensation benefits can come up short when compared to the lost income and medical expenses associated with an on-the-job injury. Employees injured while working at their place of employment should always consider the possibility of third-party liability when seeking recovery of expenses and other costs associated with an injury. In fact, the recovery from a third party can often be greater than that from the individual’s employer.

As part of my work as a personal injury lawyer, I typically investigate the causes of injury to determine whether or not a third party was responsible for the worker’s injury. It is not at all uncommon to find that a defective manufacturing machine or other device was the cause of the injury. If so, it is very possible that the equipment that caused the injury was defective to the extent that it was not designed correctly so as to protect the operator from injury or lessen certain hazards during operation. Many times, the lack of proper warnings or labeling on the machine could have contributed to the injury.

Third-party liability goes beyond the manufacturer of a machine. It can also be applied to employees of another company who may have themselves been the cause of an accident, such as a motor vehicle crash, which resulted in an injury. There are many types of negligence by third parties that can give an injured worker a cause of action. Because of this, consider carefully before you accept any settlement and by all means contact a lawyer right away. Your family’s future may depend on it.

Tags: Alabama Personal Injury Attorney, Birmingham Injury Lawyer, employer liability, on-premises injuries, On-the-job Injuries, slip and fall, Third-party Liability, Workman's Compensation

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August 12, 2009

Multiple Injuries, One Fatality Related to Honda Airbag Modules Recalled in Alabama, Nationwide

An automobile accident is bad enough when another driver makes an error causing you serious injury, but no one expects that the safety equipment designed to protect you in a car crash will actually be the cause of physical injuries or possibly death. Yet, this is why Honda is recalling nearly 500,000 of its Civic and Accord models, as well as some Acura cars, many of which are being driven in Birmingham, Mobile, Huntsville and other cities throughout Alabama.

As a Birmingham personal injury lawyer, I’ve handled many automotive defective equipment cases, but this one is perhaps worse in that it involves a car part that is supposed to save lives, not kill people. According to reports, the defective components are part of these cars’ steering wheel airbag system. During operation, portions of the airbag inflation system can break off and be propelled at the driver or passengers.

One fatality has already been reported, as well as several other non-fatal injuries, which involve this specific airbag defect. Back in November of last year, Honda announced it would recall some of its 2001 model year Accord and Civic sedans, but now the company has expanded that recall to include another 440,000 cars.

According to news reports, the potentially life-threatening defect is part is the vehicle’s driver-side airbag inflator assembly, which can rupture as a result of excessive air pressure and potentially cause metal fragments to shoot out through the airbag, possibly hitting vehicle occupants.

I know there are many people who drive Honda cars and I worry for them if this defect is not fixed soon. Being an Alabama personal injury attorney, I understand how this type of vehicle problem can only make an already bad automobile crash much worse. Nobody can imagine that an automotive safety system will actually hurt them, but in this case it could easily happen, which is why Honda is now recalling the affected vehicles.

The safety recall covers a number of 2001 and 2002 Accords, 2001 Civics and some 2002 and 2003 Acura TL models. The driver's side airbag is the defective component that needs to be replaced on the affected vehicles. Owners can check to see if their vehicle is affected by visiting Honda’s owner website and logging on. Honda has encouraged its customers to wait until they receive a recall notice before going to a dealership, since it may take a while for the parts to be in stock.


Honda recalls 440,000 cars for airbag risk, MSNBC.com, July 31, 2009

Tags: Accord, Acura, airbag, Alabama injury lawyer, Automobile Recall, Birmingham product liability attorney, Civic, defective equipment, Honda, injury, product liability, wrongful death

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July 29, 2009

One Death, Multiple Personal Injuries in I-20 Rollover Accident near Alabama State Line

Whether it’s here in Alabama or elsewhere, it’s a terrible shame when good people are killed or injured in seemingly haphazard accidents. Being a personal injury attorney, I read with sadness a news report about a Baptist church bus carrying several dozen adults and children that rolled over on I-20 near the Alabama Welcome Center north of Birmingham, AL. One 14-year-old boy died from serious injuries received when he was thrown from the bus during the tragic crash, while 23 other passengers escaped near death with lesser injuries such as broken bones, cuts and bruises.

According to reports, on July 12 the church bus was traveling eastbound on Interstate 20/59 near the Alabama Welcome Center at the Alabama/Mississippi state line, about 80 miles southwest of Tuscaloosa. Suddenly, a tire blew out causing the driver to lose control of the vehicle. The bus apparently veered quickly to one side, which caused the large vehicle to flip over and roll three times at highway speeds.

As a Birmingham personal injury lawyer, I can say without a doubt that a high-speed rollover accident is one of the more violent vehicle crashes. For a bus crash, where the passengers are typically not wearing seatbelts, injuries sustained by the occupants can be extremely severe to the point of being fatal. Not only broken bones, but head, neck and back injuries are very common, which includes brain and spinal column trauma.

The church’s youth minister, Jason Matlack, fractured his C7 vertebra and had artery injuries that caused serious internal blood loss. According to reports, it took doctors a while to figure out why the man was losing so much blood. He is doing better now, but his injuries were severe and could have resulted in death had doctors not been able to stabilize him early on.

Several teenage passengers also received serious injuries. One girl, who was released from the hospital a few days after the wreck, had fractures of the neck and upper back. Another youngster had surgeries to repair fractures to her femur, clavicle and face. Still another remained in critical condition a week following the accident due to severe head injuries.

In all, 17 youths and six adults were injured and one teenager was killed in the accident -- all because of one blown tire. Whether the final police accident report shows the tire was too old, poorly maintained or simply defective from the factory, the pain and suffering that these folks and their families have gone through is almost immeasurable.

If you or a loved one has been hurt as a result of a vehicle accident caused by defective equipment or another person’s negligence, my advice is for you to consult an experienced personal injury lawyer to learn about your various options to recover medical costs and other damages for pain and suffering. Life is too precious.


Youth minister hurt in bus wreck released from hospital, ABPNews.com, July 20, 2009

Tags: Alabama Personal Injury, brain truama, Brimingham Injury Lawyer, bus crash, death, defective equipment, fatal accident, head injuries, hospitalization, spinal column injury

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July 15, 2009

Alabama Supreme Court Reverses Madison County Circuit Court Decision in Wrongful Death, Injury Case

I was pleased to read recently that the family of a young woman killed in a 2004 apartment fire will finally get their day in court. That family's Alabama civil suit stemmed from a south Huntsville arson fire that claimed the life of 24-year-old April Collins, a teacher who lived in the apartment block that was set afire.

Although Henry Rice, also a tenant of the Hunters’ Ridge Apartment complex, was found guilty of intentionally starting that deadly blaze and sentenced to life in prison, Collins’ family and other victims who were injured or whose property was destroyed as a result of the fire lost their opportunity to bring seven individual civil suits against the apartment’s owner and the builder back in 2007.

As a Birmingham personal injury lawyer, I’ll be the first to say that justice doesn’t always come in the first round. In this case, attorneys for the victims of that fire were told by a lower court that they did not have grounds for a civil suit, but on appeal to the Alabama Supreme Court they will now be able to move forward. I always fight hard for my clients and sometimes that includes taking things to the next level. This is an example where perseverance paid off, at least initially.

Following that fatal fire, which also caused injury to other residents of that apartment complex, numerous civil claims were filed against the builder, Scenic Homes, and the landlord, Enterprise Apartments. According to reports, the Collins' family attorney claimed that an architect was not used during construction of the complex and many fire and building safety codes were bypassed -- most critically that any apartment structure must have at least two exit stairwells.

In addition to having no sprinklers, the complex reportedly also did not have fire alarms. As a result, by the time Ms. Collins was alerted to the blaze, her only avenue of escape was blocked by the spreading fire. She had no choice but to run through the flames, which caused extensive burns that resulted in her death. According to court records, expert testimony indicated that if the building been code compliant, Collins might still be alive today.

Despite the weight of these and other statements by the claimants, the defendants’ lawyers argued that the landlord and the builder had no duty to make the building safe in the event the fire was set on purpose, such as part of a criminal act. Apparently, Madison County Circuit Judge Loyd Little ruled the arsonist's criminal act negated any duty by the defendants.

Thankfully, the Alabama Supreme Court overturned Little's decision 9-0, unanimously agreeing that the duty to build and maintain a structure in a safe condition is not dependant on how a fire will be set. This paves the way for the original civil suits to go to trial sometime around September, with the Collins family’s case planned to be the first.


AL Supreme Court overturns local judge's decision on fatal fire civil suit, WAFF.com, July 1, 2009

Tags: Arson, Building Safety Code, Burn Victim, Fire, Personal Injury, Premises Liability, Wrongful Death

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July 1, 2009

Alabama Gun Owners: Avoid Injuries and Accidental Deaths by Locking Up Firearms

Looking around Alabama, I see many opportunities to reduce the number of injuries and even deaths that occur in the course of our daily activities. From Huntsville to Birmingham all the way down to Mobile, I’ve heard so many personal injury horror stories it’s amazing that more people aren’t hurt or killed simply by going about their life.

From cleaning gutters without taking the proper safety precautions to home electrocutions as a result of not installing ground fault circuit interrupter devices, many of these accidents can be prevented with a little forethought. And I won’t even go into industrial accidents and work-related injuries.

Even with all this, something got me thinking the other day when I heard a very grim statistic in the news. Did you know that Alabama is number two in the nation when it comes to gun-related deaths? We shouldn’t be surprised, since the number of gun accidents directly correlates to total gun ownership. Although most gun owners in our state are conscientious, we could still do a better job in regard to gun safety.

As a Birmingham personal injury lawyer, I must state that there are few events more devastating to a family and a community as a child hurt or killed by a family’s firearm. These are not toys, though kids don’t always know the difference, especially the young ones. Gun ownership is a right, but that right comes with a huge responsibility to your family, your neighborhood and society in general.

If you don’t believe me, take a look at the statistics. According to the National Education Association Health Information Network, the rate of firearm deaths among children under the age of 15 is nearly 12 times higher in the United States than in 25 other industrialized nations combined. And sadly, American children are 16 times more likely to be murdered with a gun than in all these other countries combined.

Some people may say they can’t prevent gun-related homicides involving kids, but there is an area that needs real attention. Deaths from family-owned firearms. Fact: American kids under 15 years old are 11 times more likely to commit suicide using a gun, and nine times more likely to die from a firearm accident than children in those other industrialized countries.

How do the numbers stack up? Louisiana has the highest rate of gun deaths -- almost 20 per 100,000 of the population -- with Alabama a close second at about 17 gun-related fatalities per 100,000 people. No surprise there, since 57.2 percent of Alabama households have guns, according to a spokesperson for the Violence Policy Center. Alaska, Mississippi and Nevada are the runners up in this gloomy assessment of firearm safety.

The bottom line, Alabama: Unload your guns and lock them up when not in use. Gun owners are the first line of defense against the senseless tragedies we read about in the news every day.


Alabama ranks second in gun deaths, TimeDaily.com, June 16, 2009

Tags: Accidental Shooting, Children, Death, Firearm Safety, Gun Deaths, Gunshot Wound, Personal Injury, Teen Suicide, Toy Gun

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June 3, 2009

Potential for Injuries at Alabama Theme Parks Not Amusing

Summer is here and soon school will be letting out. Every Alabama family knows with summer vacation comes that annual trek to the amusement park. Whether it’s a facility in Huntsville or Bessemer, Auburn or Dothan, for most folks the thought of broken bones, closed-head injuries or even accidental death are hardly things that come readily to mind while strolling down those colorful and noisy midways.

As a Birmingham personal injury attorney, I enjoy some controlled excitement from time to time, but a recent article got me thinking about theme park safety. Amid the smell of cotton candy and sounds of children having a great time, there could be danger lurking. Exercise caution the next time you go.

Some people worry all the time about being injured on roller coasters, but most don’t give it a second thought. But beneath their glossy, candy-colored exteriors, rides may be shoddily maintained, which can easily turn a roller coaster ride deadly. And although amusement park owners point to an impressive-sounding 0.00057-percent industry accident rate, experts say that number is misleading because the actual accident reporting is left to the parks themselves. Underreporting may be the norm since the more they report, the more fines they incur and the more trouble they get into.

The most chilling news is that not all amusement parks are inspected equally. Some states, Alabama among them, do not regulate rides at all. Others such as Mississippi and Washington, D.C., regulate traveling carnivals but not permanent ones. Among the safest states are Florida and Pennsylvania, both of which employ full-time inspectors who do nothing but evaluate amusement rides for safety.

Unfortunately, better legislative attention only comes following a tragedy. In California, legislation to regulate theme parks was introduced after a 1997 disaster at Waterworld USA, where a waterslide collapsed and killed one high school student while injuring 32 others after they attempted to climb on together. As a result, California now has permanent theme park regulations.

Drowning is not the only threat at water parks. A 22-year-old broke his neck after going down head first on a waterslide at a New Jersey park. The six-foot-two, 225-pound man either hit the bottom of the pool with his head or simply the force of hitting the water snapped his neck back. Regardless, he is now a quadriplegic -- the park settled his personal injury suit for $4 million.

According to experts, waterslides can turn riders into human projectiles hurtling at speed up to 25 miles per hour and requiring levels of physical competence that are simply unnecessary for riding even the scariest roller coaster. While the physical challenge is clearly part of the fun, it also increases the level of risk. The danger lies many times in the illusion that a water ride is safe, and because parks sell their rides as amusements that are entertaining and fun.


10 Things Theme Parks Won't Tell You, SmartMoney.com, May 29, 2009

Tags: amusment, injury, law suit, roller coaster, theme park, wrongful death

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May 6, 2009

Alabama Trucker Arrested for 3 Deaths in Cell Phone-related Highway Crash

Authorities recently arrested an Alabama truck driver who allegedly caused a fatal multi-vehicle pileup in Missouri almost ten months ago. The highway crash, which caused three deaths and more than a dozen injuries, was the result of a seemingly simple distraction from a ringing cell phone. The regrettable thing is that the Muscle Shoals resident reportedly had a clean driving record. Yet his actions have irreversibly altered the lives of many victims and their families.

As a Birmingham Personal Injury Attorney, I have encountered many stories just like this one. This case shows how many individuals can be affected by the actions of just one person, and why it is important to retain the services of a qualified legal professional to represent your interests. The plaintiffs are just now preparing themselves to face the ordeal all over again in a court of law, nearly a year after the actual incident.

What happened that mid-July afternoon was a disaster in the making. According to reports, Jeffrey R. Knight, 49, was driving a 2005 Freightliner loaded with scrap aluminum. By his own admission, Knight told investigators that he had been distracted by a cell phone.

A highway patrol report quotes Knight as saying, "I reached across the dash to get my cell phone. I flipped the phone open, looked back at traffic, and I was there right at the last car (in the line of cars stuck in traffic). I didn't see any brake lights or emergency flashers. After I hit the first car, I just remember holding the steering wheel and seeing cars going to my left and right."

The aftermath told the story. The truck ran into, and over, a line of 10 vehicles that had backed up on eastbound Highway 40 (Interstate 64) just west of Interstate 270. Three people died and 15 were injured.

Two of those killed were Amish from northeastern Missouri who were headed to a funeral in Tennessee with a hired driver. Lydia Miller, 55, died the day of the crash, and Alvin Mast, 88, died two days later. Charles "Keith" Cason, a 55-year-old copier salesman on a business trip, was in the first vehicle to be rear-ended by the truck. He died immediately, according to authorities.

Knight, who until that day had a clean driving record, was charged April 8 with three counts of second-degree involuntary manslaughter, which alleges that the deaths resulted from "criminal negligence." According to authorities, each count is punishable by up to four years in prison.

If you or a loved one has been injured in an automobile accident, the legal professionals at Eversole Law are ready to help you.


Alabama trucker, distracted by cell phone, charged with crash that killed 3 here, STLToday, April 15, 2009

Investigation continues six months after deadly pileup, STLToday.com, January 13, 2009

Tags: Automobile Accidents, Injury, Manslaughter, Truck Crash, Wrongful Death

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April 5, 2009

Brewton, AL, Industrial Accident Injures Three Workers

Several employees at Frit Car in Brewton were injured on the job the afternoon of April 3 after being overcome by fumes inside the railway tank car they were servicing. Fortunately, someone was able to call for help, resulting in the Brewton Fire Department and Escambia County EMS responding to the scene, backed up by officers from the Brewton Police and Alabama Department of Public Safety.

Commercial and industrial accidents can be deadly and victims can suffer permanent bodily injury, and sometimes death. As a Birmingham Personal Injury Lawyer, I have experience representing the interests of my clients following a tragic accidental death or injury, such as these people endured.

Of the four, two of the workers were flown by LifeFlight to outlying hospitals, while a third was taken by ambulance to a local hospital, according to Brewton Fire Chief Lawrence Weaver. The fourth worker, who was not severely injured, received treatment at the scene.

According to reports, rescue personnel determined that the chemical fumes were isolated to within the rail car itself and that no other company employees, or the general public, were in danger from further exposure. Apparently, the four were exposed to a high concentration of fumes from a rubber solvent compound that is used to coat the inner walls of the tank.

Depending on the particular situation, a construction, commercial or industrial accident could result in personal injury or death. If you or a loved one has been injured or killed as a result of an accident on the job, we at Eversole Law recommend that you contact us immediately to protect your rights.


BREAKING NEWS: Workers injured at Frit Car, BrewtonStandard.com, April 3, 2009

Tags: industrial accident, injury on the job, workers compensation

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October 10, 2007

Birmingham, Alabama Wrongful Death Lawyer & Attorney

I am an Alabama wrongful death lawyer and attorney who focuses his practice on personal injury and wrongful death. We are centrally located in Birmingham, Alabama so that we may regularly serve the entire state of Alabama conveniently. If you have lost a loved one in an accident or by some other negligent means, you deserve to get full compensation for your lost. Many wrongful death cases settle without going to court for millions of dollars. My firm will vigorously defend your rights and obtain the maximum compensation for your loss. We serve Alabama wrongful death clients throughout the state of Alabama in cities like Birmingham, Hoover, Mountain Brook, Homewood, Vestavia Hills, Fultondale, Gardendale, Huntsville, Montgomery, Tuscaloosa, Dothan, Mobile, Guntersville, Moody, Leeds, Fort Payne, Boaz, Pell City, Scottsboro, Pelham, Arab, Decatur, Florence, Cullman, and in counties like Jefferson, Shelby St. Clair, Walker, Montgomery, Madison, Escambia and throughout the state of Alabama. If you have lost a loved one as a result of someone's negligence, you owe it to yourself to call a law firm that focuses it's Alabama practice on wrongful death cases. We will not rest until we collect the maximum amount possible under the law. Do not settle a case without first speaking to an Alabama wrongful death lawyer and attorney.

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October 8, 2007

Birmingham, Alabama Trucking Accident Lawyer

Eversole Law focuses its pratice on helping those who have been injured in an Alabama trucking accident. If you or a loved one has been injured in an Alabama trucking accident, you owe it to yourself to call the Alabama trucking accident lawyers and attorneys of Eversole Law. Our firm will fight to the very end for your rights. Do not settle any claim without first speaking to knowledgeable Alabama truck accident lawyers and attorneys at Eversole Law. You can bet the trucking company and it's insurance carrier has attorneys and lawyers working for them, you should too. Do not settle for less, go with the best. My firm is here for you 24/7.

Tags: Truck Crash Lawyers, Trucking Accident Attorneys, Trucking Accidents

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October 7, 2007

Birmingham, Alabama Workmen's Compensation Lawyer & Attorney

My office protecst the rights of the injured; whether it be in an auto accident, slip and fall case, dog bites, or those injured on the job. As an Birmingham, Alabama worker's compensation lawyer and attorney, my office represents clients injured on the job throughout the state of Alabama. If you have been injured while at work, or while performing job related work, you have a right to workmen's compensation. If you have been injured on the job, do not settle any claim without first speaking to an attorney who focuses their practice on Alabama worker's compensation. An experienced workmen's comp. lawyer and attorney will be able to get the maximum award you are entitled under Alabama's workmen's compensation laws. The companies and insurance carriers have lawyers working on against you, you should have a qualified Alabama worker's compensation lawyer working on your side as well. DO NOT SETTLE FOR LESS THAN YOU ARE ENTITLED! Call my Alabama worker's compensation firm today for a free evaluation. And remember, there is no fee unless we collect on your worker's compensation claim.

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October 4, 2007

Birmingham, Alabama Personal Injury Lawyer

I am a Birmingham, Alabama personal injury lawyer and attorney serving clients throughout the state of Alabama, in cities like Tuscaloosa, Montgomery, Huntsville, Mobile, Trussville, Pelham, Homewood, Mountain Brook, Vestavia Hills, Gardendale, Fultondale, Fort Payne, Scottsboro, Guntersville, Florence and all across the state of Alabama. I represent Alabama personal injury clients in slip and fall cases, car and auto accidents, nursing home abuse, motorcycle accidents, trucking accidents, tractor accidents, medical malpractice, failure to diagnose cases, wrongful death, workers compensation, dog and animal bites, insurance disputes, brain injuries, and birth injuries. If you have been injured in Alabama, you need an Alabama lawyer who focuses his practice on Alabama personal injury law. The insurance companies have millions of dollars and hundreds of attorneys working for them, make sure you hire an Alabama personal injury lawyer to protect your rights.

Tags: Alabama Personal Injury Lawyer, Birmingham Personal Injury Lawyer

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October 2, 2007

Birmingham, Alabama Car Accident Lawyers

I am a Birmingham, Alabama personal injury and car accident lawyer and attorney. I represent clients throughout the state of Alabama who need help protecting their rights. Insurance companies have millions of dollars and hundreds of car accident lawyers working against your claim. If you or a loved one have been injured in a Alabama car accident, you need to contact an Alabama car accident attorney who focuses his practice on personal injury and car accidents. My firm will work endlessly to obtain maximum compensation for your injuries. Eversole Law represents personal injury and car accident victims in Birmingham, Montgomery, Huntsville, Mobile, Tuscaloosa, Hoover, Cullman, Bessemer, Homewood, Mountain Brook, Vestavia Hills, Florence, Fort Payne, Anniston, Gadsden, Scottsboro, Decatur, Trussville, Gardendale, Fultondale, Moody, Leeds, Pell City, Pelham, Priceville, Guntersville, Dothan and all across the state of Alabama. We will not rest until those responsibile for your personal injury and car accident are held accountable.

Tags: Alabama Car Accident Lawyer and Attorney, Alabama Personal Injury Law, Automobile Accidents, Car Crash

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September 29, 2007

Taxes on Personal Injury Awards

A Birmingham, Alabama client called my office yesterday. She received a $20,000 settlement in a car accident personal injury case from last year. She wanted to know if she had to pay taxes on this amount. The general rule is awards of money in compensation for personal injuries or sickness are not subject to federal income taxation; unless those compensatory damage awards are in the form of punitive damages. Punitive damages are generally taxable and are awarded not as compensation for your lose or for pain and suffering. Punitive damages are generally awarded to punish someone for wrongdoing.

Tags: Alabama Personal Injury Attorney, Alabama Personal Injury Lawyer, Personal Injury Award Taxes, Punitive Damages

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September 24, 2007

Alabama Slip & Fall Injuries

In Alabama, when a business invitee slips and falls and alleges that business negligently failed to clean up substance on floor, plaintiff must prove that injury was proximately caused by negligence of the business or one of its servants or employees; actual or constructive notice of the presence of the substance must be proven, and plaintiff must also prove (1) that substance slipped upon had been on the floor a sufficient length of time to impute constructive notice, or (2) that business had actual notice that substance was on floor, or (3) that business was delinquent in not discovering and removing substance.

Basically, the Alabama Slip & Fall Rule is simple. The business must be shown to have notice, either actual or implied, of the danger than caused the slip and fall. If the business had notice and failed to remove the debris causing the slip and fall, then they are liable for the resulting damages.

Tags: Alabama Premises Liability, Alabama Slip & Fall, Birmingham Premises Liability, Birmingham Slip & Fall, Premises Liability

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September 24, 2007

Alabama Wrongful Death Law

Alabama Code Section § 6-5-410 is the Alabama Wrongful Death Statute. It states that a wrongful death claim is actionable when a wrongful act, omission, or negligence causes death. The Alabama Code section is listed below for your convenience:

(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama, and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or their servants or agents, whereby the death of his testator or intestate was caused, provided the testator or intestate could have commenced an action for such wrongful act, omission, or negligence if it had not caused death.

(b) Such action shall not abate by the death of the defendant, but may be revived against his personal representative and may be maintained though there has not been prosecution, conviction or acquittal of the defendant for the wrongful act, omission, or negligence.

(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.

(d) Such action must be commenced within two years from and after the death of the testator or intestate.

Tags: Alabama Wrongful Death Laws, Alabama Wrongful Death Statute

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September 24, 2007

Alabama Wrongful Death Rules

In Alabama, a two-year statute of limitations applies to wrongful-death actions alleging medical malpractice. This means that you are barred from seeking remedy if you have not filed a claim within two years of the injury. So if a doctor kills your husband by negligently performing some kind of procedure, you have two years from the date of death to file a claim or you can no longer recover for the loss. You should immediately seek out an attorney who focuses their practice on wrongful death, personal injury and/or medical malpractice, if you or someone you know, is involved in a situation where a doctor causes the death of a loved one.

Tags: Statue of Limitations, Wrongful Death Statue of Limitations

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September 24, 2007

Who is Covered by Worker Compensation in Alabama?

Regular employment of five or more people in any one business subjects an employer and his employees to the Alabama Workmen's Compensation Law. Certain kinds of employment are exempt from Worker's Compensation coverage:

(1) Independent contractors
(2) Real estate agents
(3) Employees whose work is casual and not in the ordinary trade or business of the employer
(4) Municipalities with a population of 250,000 or greater
(5) State employees
(6) Federal employees
(7) Railroad employees
(8) Owner/operators of commercial truck operating under certificate of public convenience

*** Those exempted from Worker's Compensation Coverage in Alabama are required to post a conspicuous notice of this exemption status.

Several Employers may elect to be covered by the Alabama Workmen Compensation Act:

(1) Employers of domestic employees
(2) Employers of farm laborers
(3) Employers who regularly employ less than five employees in any one business
(4) Municipalities with a population of less then 2000
(5) School Boards
(6) Volunteer fire departments and rescue squads

Tags: Workmen's Compensation

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September 24, 2007

Birth Trauma Resources

Nice resource published by WebMD detailing different kinds of birth injuries and their causes. Injuries to an infant that occur from mechanical forces(i.e. compression or traction), are categorized as birth trauma. Significant birth injury continues to plague our society and occurs 6-8 times per 1,000 births. A child's birth should be a happy and glorious time for families. My sympathies go out to anyone who has suffered from this kind tragedy.

Tags: Birth Injury, Birth Trauma

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September 24, 2007

Motorcycle Accidents

George Clooney was injured in a Motorcycle accident on Saturday. Clooney suffered broken ribs and bruises while trying to pass a vehicle in the right lane. In New Jersey, it is illegal to pass a vehicle in the right lane, but it is unclear whether or not the car involved used his turn signal. New Jersey is likely a comparitive negligence state, which means Clooney and the driver of the car will be judged on their comparitive fault. So, if Clooney is 49% negligent for passing in the right lane, but the driver of the car is 51% negligent for not using his turn signal, the driver will have to compensate Clooney for the percentage difference.

Tags: Automobile Accident, Motorcycle Crash

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