Alabama Injury Attorney Blog

A motorcycle wreck on 2nd Ave North in Birmingham has tragically resulted in the death of a Birmingham man. According to the Birmingham News report, the driver of the motorcycle was killed was killed this morning when the driver of small pick up truck evidently didn't see the motorcycle and turned into the bike. As Alabama motorcycle accident attorneys we often see the tragic result that occurs anytime a motorcyclists is involved in an accident. According to the Alabama Department of Public Safety, there were 2,032 motorcycle crashes in Alabama in 2007 and 74% of those accidents resulted in personal injury or death.

A Birmingham Alabama man was injured in a truck wreck when his dump truck rolled over in a curve near Corridor X. According to the report from the Birmingham News, Birmingham rescue workers had to cut the driver out of the crushed truck cab. As Birmingham Truck Accident Attorneys we have seen numerous truck accidents where the driver of an eighteen wheeler is injured when the cabin of the truck collapses under the stress and strain of impact. Often, truck manufactures fail to safely and properly design truck cabins to withstand a rollover accident. In those situations, personal injury attorneys such the Alabama truck accident lawyers at Martinson and Beason, P.C. hold those manufacturers responsible for their failure to safely and properly design the truck's cabin.

Initial Investigation:

When an Alabama personal injury lawyer first becomes involved in a matter they will immediately begin their initial investigation. This investigation starts with securing evidence. For example, if someone is injured by a product (products liability lawsuit) then the subject product must be secured so that it can be inspected and examined to determine the exact nature of the product's defect. Photographs should be taken of the product, accident scene, automobiles involved and injuries to document what occurred and how it has affected the victim. Witnesses should be interviewed as soon as possible as stories change and memories fade over time. Often expert witnesses may be contacted early on in the investigation process to assist the personal injury attorney in determining what further investigation is necessary and whether a valid legal claim exists. For example, in the context of a car accident case, an accident reconstruction expert may be contacted early on to assist the personal injury lawyer in determining the speeds of the vehicles and the angle of impact. All these aspects of the initial investigation into a personal injury lawsuit are critical to not only determining whether a valid legal claim exists, but to maximizing that claim.

Identify Theories of Liability and Defendants:

As the initial investigation into a personal injury or wrongful death lawsuit proceeds, the personal injury lawyer begins to identify potential theories of liability and potential defendants. In some cases, such a simple two car accident it may be a single claim against a single defendant. I.E. John Doe files a negligence claim against Susie Jones the driver of the car that hit John Doe. However, in many cases multiple theories of liability may be filed against multiple defendants. For example, assume Susie Jones age 19, had a history of speeding and driving recklessly and her mother Sara Jones armed with this knowledge still allowed Susie to use her car and Susie gets into an accident with John Doe. In this example, not only would John Doe file a negligence claim against Susie Jones but he would also file a negligent entrustment claim against her mother Sara Jones for entrusting her daughter whom she knew was a dangerous driver with the subject car. Furthermore, assume John Doe has serious injuries that require continuous medical treatment, then Susie Jones may not have enough insurance coverage to adequately compensate John Doe and in that situation, John Doe will likely make an additional claim under his uninsured/underinsured motorist coverage. These are only a couple of examples of how an experienced Huntsville Alabama personal injury attorney evaluates and identifies potential theories of liability and potential defendants.

In part two of the Alabama Personal Injury Attorney Guide to the Personal Injury Lawsuit Process we will examine the preparation of the initial documents that are filed to begin the lawsuit process.

An Alabama wrongful death lawsuit has been filed as the result of a high speed police chase in May of 2008. The Huntsville Alabama Car Wreck occurred on Redstone Arsenal as police were involved in a high speed chase with a suspected drug buyer. According to the Huntsville Times report, the suspected drug buyer, Valorie Cox, led police from several jurisdictions on a high speed chase through several parts of Huntsville at speeds of up to 90 mph. Tragically, the chase ended when Cox's vehicle struck and killed a vehicle being driven by Darren Spurlock a Marshall Space Flight Center engineer. The Alabama wrongful death suit names the cities of Huntsville, Madison, Decatur, and Morgan and Madison counties as defendants. The suspect, Valorie Cox, has already pleaded guilty in federal court to a second-degree murder charge and is now serving a 30-year sentence. Essentially, the wrongful death suit claims that law enforcements actions in maintaining such a high speed pursuit in a heavily traveled area created a danger to the public greater than the suspected drug crime under investigation.

It is worth noting, that prior to filing this wrongful death suit the plaintiff was required under Alabama law to give a notice of claim to each municipality and county that was sued. Pursuant to Alabama Code §§ 6-5-20, 11-12-5, 11-12-8, 11-47-23, and 11-47-192 a plaintiff must file a notice of claim within 6 months within the date of the accident for a claim against a city and within 1 year of the date of the accident for a claim against a county. Alabama law also requires that claims against a city and a county be filed in the county where city is located. Since this wrongful death lawsuit was filed in Madison County, it will be interesting to see if the city of Decatur and Morgan County file a motion to transfer the case against them to Morgan County.