April 2009 Archives

April 30, 2009

Alabama Car Accident and Alabama Truck Accident Statistics for 2007

2007 Alabama Traffic Crash Facts:

• There were 1,110 people killed in 1,010 fatal wrecks.

• One traffic crash was reported every 233 seconds.

• One person was injured in an Alabama traffic accident every 13 minutes and 15 seconds.

• One person was killed in an Alabama traffic accident every 7 hours and 53 minutes.

• Most Alabama wrecks (72.0%) occurred in urban areas, but most fatalities (67.6%) occurred in rural areas.

• For each person killed in an Alabama accident, there were 37.5 injured.

• Of all drivers involved in fatal crashes, 9.1% were age 19 or under, and 24.2% were under 25 years of age.

• Of all fatal crashes, 44.1% occurred at night.

• The 2007 pedestrian death toll was 69.

• There were 84 fatalities among motorcycle or moped drivers.

• Bicyclists accounted for 9 fatalities.

• For adults who are injured in crashes while in the front seat of a vehicle, the probability of being killed 9.09 times higher for those not wearing safety belts.

• Jefferson County, Alabama had the most number of crashes with 24,115. The city of Birmingham had the most number of crashes of any city in Alabama with 11,168.

• Based on 2007 data, if you are a typical driver in Alabama, there is a 52.35% probability that you will be involved in an injury or fatal wreck while driving an automobile in your lifetime.

***These statistics came from the Alabama Department of Public Safety guide "2007 Alabama Traffic Crash Facts"***

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April 21, 2009

Checklist For Hiring an Alabama Personal Injury Attorney

The process of selecting an Alabama Personal Injury Lawyer or Alabama Wrongful Death Attorney following an accident is an extremely important decision. For most people, selecting an Alabama Injury Attorney can seem very intimidating with so many attorneys to choose from. This article is intended to aid the accident victim and their family in their search for an attorney.

Questions to consider and pose to potential personal injury attorneys:

• What is your experience in this field?

• Have you handled matters like mine?

• Do you have the resources to pay for depositions, hire experts and to go to trial?

• Will you handle my case or will you refer it to another attorney?

• Do you have any experience with the court system and judge where my case will be filed?

• Have you been peer reviewed by any service such as Martindale Hubbell?

• Can you provide me with any references from past clients and other attorneys?

• Are you a member of any trial lawyer associations such as the Alabama Association for Justice or the American Association for Justice?

• What type of contingency fee would you charge in a case of this type?

• Do you keep your clients informed of the progress of their case?

• Who else in the office will be working on my case?

These are all questions an accident victim should have answers to before hiring a personal injury lawyer.

Continue reading "Checklist For Hiring an Alabama Personal Injury Attorney" »

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April 17, 2009

Alabama Car Wreck Claims Unrestrained Child's Life

car seat.jpgA single car accident has claimed the life of a 5 year old Alabama child. According to a report, the motor vehicle accident happened on Chilton County Alabama Road 146 when the driver lost control of her vehicle and struck an embankment. The child, who was not restrained, was ejected from the driver side passenger window. Tragically, the report notes that a child restraint was in the car but not used.

According to a CDC report, restraint use among young children depends the driver's seat belt use. "Almost 40% of children riding with unbelted drivers were themselves unrestrained." Further, research indicates that 72% of children are improperly restrained in their car and booster seats in ways that can be expected to increase a child's risk of injury during a car wreck. When properly restrained, child safety seats can reduce the risk of death in automobiles by 71% for infants, and 54% for toddlers' ages 1 to 4 years.

In response to these statistics, the Alabama legislature in July of 2006 amended Alabama's child restraints law. Alabama Code section 32-5-222 mandates the following:

1. Infant only seats and convertible seats used in the rear facing position for infants until at least one year of age or 20 pounds.

2. Convertible seats in the forward position or forward facing seats until the child is at least five years of age or 40 pounds.

3. Booster seats until the child is six years of age.

4. Seat belts until 15 years of age.

As Huntsville Alabama car wreck lawyers over the years we have tragically seen lives that could have been saved if only the child was properly restrained. It's imperative that parents take the time to properly restrain their children every time they get behind the wheel.

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April 15, 2009

Wrongful Death Lawsuit Filed in Alabama Federal Court Over Police Shooting

A west Alabama family has filed a wrongful death lawsuit in Alabama Federal court this week concerning the September 2008 shooting death of Joe Louis Bell. According to an article about the lawsuit, Mr. Bell was shot and killed in September 2008 by then York Chief of Police David Rowry. Currently, Rowry is awaiting a criminal trial on manslaughter charges.

The newspaper article indicates the family is seeking damages for pain; medical, funeral and burial expenses; financial support for Bell's widow; and compensatory and punitive damages. Although the article does set forth the exact causes of action the family is seeking these damages under, it is apparent that the family is not seeking recovery under Alabama's wrongful death statute. Alabama's wrongful death statute Ala. Code 6-5-410 is purely punitive in nature and intended only to punish the wrongdoer and deter such future conduct. An experienced Alabama wrongful death attorney would to tell you that a plaintiff can not recover compensatory damages under Alabama's wrongful death statute.

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April 7, 2009

46 Wrongful Deaths Leads to Yamaha Offering Free Repairs on Rhino ATV

yamaha-rhino-green-220.jpgThe Yamaha Motor Corp. announced this week that it is offering free repairs on about 145,000 Rhino two-seat utility vehicles. This announcement follows an investigation by the Consumer Product Safety Commission (CPSC) into the high propensity of these ATV's to rollover at relatively low speeds and on level terrain. According to the CPSC, there have been at least 46 wrongful deaths in U.S. as a result of Yamaha Rhino accidents. Yamaha is also facing hundreds of products liability lawsuits from the personal injuries and wrongful deaths that have occurred as a result of the defects in these ATVs. According to reports, the repair installs a spacer on the rear wheels and removes the rear anti-sway bar to help reduce the chance of rollover. It also installs half-doors and more passenger handholds to help users' arms and legs stay inside the vehicle in a rollover. The CPSC said consumers should stop driving these vehicles until the repair is done.

Continue reading "46 Wrongful Deaths Leads to Yamaha Offering Free Repairs on Rhino ATV" »

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April 3, 2009

Fatal Alabama Car Accidents Raise Concern About Hydroplaning Issues on US Hwy 43

Wet Street.jpgA recent rash of fatal Alabama car wrecks on U.S. Highway 43 in the Florence Muscle Shoals area has again raised concerns over the safety of the highway. According to a recent report, there have been three wrongful deaths in two separate car accidents within a week on this stretch of U.S. Highway 43. The report cited local a mayor who noted that he knew of 15 people who have been killed on that 2-mile strech of Alabama highway. According to the mayor, there is a water drainage problem on this highway and every time it rains cars and trucks begin to hydroplane. In response to these accidents, the Alabama Department of Transportation is currently surveying the road and proposing to implement the installation of guardrails, a median divider and the resurfacing of the highway.

Hydroplaning accidents are caused when a driver loses steering control because a layer of water on the roadway prevents direct contact between the tires and the road surface. When a roadway is designed or resurfaced it is required to comply with federal and state specificaitons. For example, certain portions of a highway are typically required to have a 2% slope so that if a drop of rain lands in the center of the highway the rain will run off to the shoulder. Often Alabama car accidents such as the ones on U.S. Highway 43 could be avoided if road contractors simply complied federal and state guidelines.

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