Alabama Injury Attorney Blog

Road Blocks Help Keep Alabama Highways Safer

2010-09-09T13:33:47Z

This past Friday night my wife, 3 month old and I were traveling on U.S. Highway 82 which connects Tuscaloosa to Pickens County, Alabama when we came upon a road block in the city of Gordo. If you have ever driven through Gordo you know to slow down. I was driving my wife's SUV and after a minute of panic by my wife who couldn't find her insurance card, we pulled up to have my license and insurance information checked. I must admit I knew the Sheriff's deputy so he didn't really even look at my information; however, while we were waiting on the next officer to check our information and allow us on our way I said to my wife I think road blocks such as this are a good thing.

Think for a minute all the things that can be checked in such a simple roadblock. These items include: drivers license, tag, automobile insurance, seat belt, car seat for children, and drivers who are driving under the influence. While these types of road blocks can be a "pain" and certainly give you an adrenaline rush as you look for your license and insurance card they serve a good purpose to help keep our highways safe. While I have no statistics to back it up, I firmly believe drivers who do not have a driver's license and/or are uninsured tend not to be as safe a driver.

Alabama Graduated Driver License Law

2010-09-03T19:30:58Z

As of July 2010, Alabama now has new driver's license laws that apply to drivers' ages 15 and 16. This law dramatically changes the rules for new drivers and should be reviewed by all new drivers and their parents/guardians. Here is a summary of the new law:

Stage I - Learner's Permit
• Must be age 15 or older.
• Must pass a written examination.
• Can only drive when accompanied by a parent, legal guardian or licensed driver who is age 21 or older and occupying the seat beside the driver.

Stage II - Restricted License
• Must be age 16 or older.
• Must have permission from parent or legal guardian to receive a Stage II license and drive without permission. (There is a form that must be filled out for this Stage II restricted license)
• A State II (restricted) driver cannot drive during the hours of midnight and 6 a.m. unless accompanied by a parent or legal guardian, accompanied by a licensed driver who is age 21 or older with parent or legal guardian's consent, going to or from an event sponsored by school or religious organization, going to or from place of employment or driving for the purpose of medical, fire or law-enforcement related emergency.
• Must not have more than one passenger in the vehicle other than parents, legal guardians or family members.
• Must not use any handheld communications devices while driving.

Here is a link to the Alabama Department of Public Safety for more information on the Graduated Drivers License and the applicable forms.

What To Do When A Social Security Beneficiary Dies

2010-08-13T19:37:18Z

SOCIAL SECURITY BENEFITS:
WHAT TO DO WHEN A BENEFICIARY DIES

In June of 2010, 7,837,400 people in America were receiving social security benefits. This is 200,000 more people receiving these benefits than the same month a year earlier. With the number of individuals receiving social security benefits increasing at this rate, it is inevitable that you will know someone or be the family member of someone who is receiving these benefits.

When someone you know or someone you are related to dies while they are receiving social security benefits, there are a few things that you should know to do. A family member or other person responsible for the beneficiary's affairs should do the following:

1. Promptly notify the Social Security Administration of the beneficiary's death by calling SSA toll-free at 1-800-772-1213. It will be helpful if you already have information such as the decedent's social security number, date of death, and possibly a copy of their death certificate.

2. If the monthly benefits were being paid via direct deposit, notify the bank or other financial institution of the beneficiary's death. Request that any funds received for the month of death and later be returned to Social Security as soon as possible.

3. If the monthly benefits were being paid by check, DO NOT CASH the checks received for the month in which the beneficiary died or thereafter. Return the checks to Social Security as soon as possible.

These steps may help you and the family members of the decedent from having to pay back any undeserved payments and may help you avoid any liability to the Social Security Administration.

The attorneys of Martinson & Beason have years of experience in social security law, VA benefits, Medicaid issues and spend downs, Wills and Trusts, probate matters, and other issues that affect an elderly person and their loved ones. If you, a family member, or a friend is in need of assistance in these complicated matters, call the experienced attorneys at Martinson & Beason, P.C. toll-free at 1-800-255-6534 or visit them online at www.martinsonandbeason.com.

2nd Deck Accident in a Month at Hoover Apt. Complex

2010-08-02T21:02:23Z

A second story deck collapsed this past Saturday at the Waterford Landing apartment complex in Hoover, Al. Four people suffered minor injuries as a result of the deck's failure. This is the second time in a month a deck has collapsed at this apartment complex. On July 4th a deck collapsed at this same complex tragically killing one person and injuring 6 others. For more information on this previous accident see the Alabama Injury Attorney Blog article: Deck Collapses in Hoover, AL Apt Complex Killing One & Injuring 6 Others. Authorities have yet to determine if this second collapse is linked to the same problem that caused the first deck to collapse. For now, the Hoover Fire Department has recommend that all residents at Waterford Landing stay off their decks.

As Alabama personal injury attorneys anytime we see a tragedy such as this that can be prevented we are reminded that companies routinely fail to insure the safety of their customers, clients, and residents. Here we have situation where there was one tragedy that may have been preventable and now a second accident happens that in all likelihood could have been prevented as well.

Huntsville Initiates Texting While Driving Ban

2010-07-23T13:12:32Z

The city of Huntsville, AL has just passed a new -"Eyes on the Road Ordinance" - which will take effect September 20th. This new law will make it illegal to text and read emails while driving in the city limits of Huntsville. The new law prohibits the following: texting, reading e-mail, scrolling through music files, and viewing YouTube. The law also prohibits programming a destination into a satellite navigation unit while driving. Huntsville becomes the fifth city in Alabama to pass a texting ban. The other cities include: Birmingham, Vestavia Hills, Jacksonville and Roanoke in Randolph County. One concern with the law is how will the law be enforced. A violation of this law will be classified as a secondary offense, which means you cannot be pulled over for just texting you must also be committing another offense such as speeding or tailgating. This seems to take all the teeth out of the law. Thus, someone could be texting and driving with no seatbelt and they could not be pulled over as both are secondary offenses.

The above video displays the dangers of texting while driving. Hopefully, this type of ban will reduce the number of Huntsville car accidents. Our firm recently resolved a Huntsville car wreck claim where the at fault driver was texting while she was driving at 70 mph on the interstate. See the article: Settlement Reached in Huntsville Alabama Car Wreck Caused by Texting Driver.

Martinson & Beason Launches Facebook Site

2010-07-12T19:00:23Z

M&B is pleased to announce that we have launched a firm Facebook fan page. This page will be used to keep our present and former clients, friends of the firm, and our community apprised of various legal matters including, product safety and recalls, consumer affairs information and overall legal guidance on various topics that may be useful to the average consumer.

Facebook factoids:
• Facebook now has more than 400 million active users.
• 50% of Facebook's active users log on to Facebook in any given day.
• Average user has 130 friends.
• People spend over 500 billion minutes per month on Facebook.

To become a fan of Martinson & Beason, P.C. go to the following site and click like: http://www.facebook.com/martinsonandbeason

Deck Collapses in Hoover, AL Apt Complex Killing One & Injuring 6 Others

2010-07-06T19:02:41Z

The collapse of third (3rd) story deck at the Waterford Landing Apartments located in Hoover, Alabama has tragically claimed the life of one Alabama resident and injured 6 others. The collapse happened Sunday night - July 4th - when 7 people were standing on the deck when it gave way sending the people crashing into the deck below. 25 year-old Gerald Andrew (Drew) Scribner an Iraq War Veteran was killed in the collapse. Initial reports indicate the deck was last inspected by the city of Hoover when it was built 15 years ago. Since that time it would be up to the apartment complex - Waterford Landing - to properly inspect and maintain the structural integrity of the deck. According to Frank Woeste, a professor emeritus at Virginia Tech University and expert in the field "A properly designed deck cannot be overloaded by too many people. " Woeste also stated that the most common problem in deck design is how the ledger - the support beam for the deck joists - is attached to the outer band of joist of the house.

Initial reports also indicate the insurance company for Waterford Landing has already begun its investigation of the deck collapse. Under Alabama Premises Liability law, which comes within Alabama personal injury law (similar to slip and fall cases), the apartment complex owed a duty to the home owner and his guests to properly inspect and maintain the subject deck. While it is far too early to determine if the apartment complex complied with their duty, as experienced Alabama premises liability attorneys we often see situations such as this where a company's attempt to cut corners ends in a tragic result.

1st Chinese Drywall Trial Results in $2.4M Award

2010-06-29T13:45:36Z

The first product liability jury trial in the Chinese Drywall litigation yields a giant victory for home owners. A Miami, Florida jury returned a $2.4 million dollar verdict for the plaintiffs whose home was ruined by the foul-smelling drywall. We first reported this problem in our previous post entitled: "Defective Chinese Drywall Leads to Corrosion and Health Concerns for Homeowners." This sulfur emitting drywall has been linked to health problems as well as problems with foul odors, corrosion of wiring, piping, computers and jewelry. The jury in this case not only returned a verdict for the cost of the repair, but also for loss of enjoyment of the house and for the likely reduction it in resale value. The outcome of this case, will surely impact the thousands of other Chinese drywall cases

Many Judges Likely to Preside Over BP Oil Spill Cases Have Interest in Oil Industry

2010-06-25T13:57:47Z

A recent article by the AP notes that over half the Federal Judges in the southern states of Alabama, Florida, Mississippi, Louisiana, and Texas have links to the oil and gas related industries. The article "Many Federal Judges Have Oil Links" raises serious questions about whether a Judge who has an interest in the oil and gas industry should preside over these Oil Spill Claims. Currently there is a fight amongst BP's attorneys and various Plaintiff's attorneys as to which Judge(s) should preside over these cases. The ethics rules on this subject are at best fuzzy. Essentially these rules state that a Judge who has a direct financial interest -owns BP stock-would be disqualified from hearing such a case; however, if they own a mutual fund which has oil stocks as a part of its makeup they do not have to disqualify themselves. The handling of the over 200 filed lawsuits over this disaster may become a little clearer once the U.S. Judicial Panel on Multidistrict Litigation meets next month to hear arguments on consolidation of the oil spill cases.

Settlement Reached in Huntsville Personal Injury Lawsuit Against Alabama A&M Professor

2010-06-22T17:00:12Z

Huntsville Alabama personal Injury attorney Morris Lilienthal represented our 7 year old client and his mother in this personal injury lawsuit. We first discussed this case in a previous blog post "Huntsville Personal Injury Lawsuit Filed Against Alabama A&M Professor." This lawsuit arose out of an incident where it was alleged that Joseph Lee a professor at Alabama A&M rudely, inappropriately and wrongfully came in contact with our 7 year-old client at a day camp causing the child to suffer physical and emotional injuries.

Since this case involved a minor plaintiff, the settlement had to be approved by the court in what is known as a Pro Ami hearing. At this hearing, the court heard testimony from the minor child and parent to confirm that this settlement was in the best interest of the child and that the parent fully understand the settlement. We are pleased that we were able to reach a fair and just policy limits settlement for our deserving clients.

Consumer Rights Under the FDCPA

2010-06-21T12:59:57Z

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from harassment and abuse from debt collection agencies. The FDCPA requires debt collectors to validate debts and provides consumers with statutory damages and attorneys' fees for violations. Examples of violations of the FDCPA include:

1. Calling the consumer at work after the debt-collector has been told that it's inconvenient or that the consumer's employer prohibits personal calls.
2. Telling others such as family members, co-workers, and neighbors that the consumer owes money.
3. Continuing to contact the consumer when the debt-collector knows that an attorney represents the consumer.
4. Calling repeatedly, or calling consumers before 8 a.m. or after 9 p.m.
5. Asking neighbors to deliver phone messages to the consumer.
6. Falsely implying that a debt collector is an attorney.
7. Falsely implying that the consumer has committed a crime and could go to jail for not paying a debt.
8. Threatening to seize, garnish, attach, or sell the consumer's property or wages, unless there is already a legal judgment.
9. Sending anything that looks like an official document from a court or government agency, when it isn't.
10. Collecting any amount greater than the actual debt, unless allowed by law.

If you have been harassed, sued by a debt collector or have experienced one of the above examples of violations of the FDCPA, then you may be entitled to money damages.

]]> Contact the Alabama Consumer Rights Attorneys at Martinson & Beason to protect your rights. Call toll free at 1-800-255-6534 or email us at info@mblawhsv.com

How to Obtain Your Free Credit Report

2010-06-07T16:48:05Z

As Alabama Consumer Rights Attorneys we know how important it is for consumers to check their credit report and verify everything on it. In today's computer age when people are routinely paying bills and making purchases etc... on the internet your identity is more likely to be stolen now more than ever. Set forth below is how any consumer can obtain a yearly free copy of their credit report. Be careful; however, there are many companies out there that say they can get you your free credit report, but what they don't tell you is you have to sign up for a monthly service.

The Fair Credit Reporting Act ("FCRA") is a federal law that provides consumers with rights and remedies. It is important to consumers for credit reporting agencies ("CRAs") to maintain accurate and complete consumer credit records. Consumers have the right to know what is in their file. Consumers are entitled to one free credit report from each of the three nationwide CRAs (Equifax, Experian and Trans Union) once in a 12 month time period. The CRA must provide the consumer with their credit report within fifteen days of receiving the request.

The credit reporting agency may request additional identifying information from the consumer before it sends the credit report, but the CRA may only do so to process the consumer's request, process a simultaneous transaction as requested by the consumer, update the consumer's personal identifier, or comply with any of the other requirements of the FCRA.

A consumer may request all three credit reports in the following ways:

1. Online http://www.annualcreditreport.com
2. By Telephone 1-877-322-8228
3. By Mail: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

If you have you have been denied credit, employment or insurance because of incorrect information on your credit report, then you may be entitled to money damages.
If you have discovered incorrect information on your credit report and the credit reporting agency has refused to delete or modify the information, then you may be entitled to money damages.

If you have requested a free copy of your credit report once in a twelve month time period, and the credit reporting agency has failed or refused to provide you with your credit report, then you may be entitled to money damages.

]]> If you have been a victim of consumer fraud or identity theft contact Martinson & Beason, P.C. for a free legal consultation with one of our Alabama consumer protection lawyers. Call Toll Free at 1-800-255-6534.

Alabama Supreme Court Races More Important Than Ever

2010-05-21T15:11:05Z

While this a gubernatorial election year in Alabama, arguably the most important state wide races that will affect the average Alabamian are the races for the Alabama Supreme Court. While there are legitimate concerns over frivolous lawsuits and judicial activism a real concern that most Alabamians don't recognize until they need it is equal access to Justice. A review of the Alabama Supreme Court's pro Corporate America decisions shed some light on the difficulty the average Alabamian has in gaining equal access to Justice.

Judicial conservatives and pro-business candidates tout caps on damages as a means of "tort reform" to reduce frivolous lawsuits and lower insurance rates; however, how many individuals, property owners, small businessmen, fishermen, and others in the Gulf Coast would now think BP's liability for the untold Billions in damages they are causing should be capped?

In selecting a candidate for the Alabama Supreme Court I would encourage Alabamians to vote for someone who has the integrity to stand up to Corporate America. Look at the candidates background and experience and ask yourself has this candidate fought for equal access to Justice? Tom Edwards, a Montgomery, Alabama attorney who is running for the Alabama Supreme Court has made his career out of fighting for equal access to Justice. Tom is a graduate of Auburn University Montgomery and Jones School of Law. Tom states he is "Running to restore integrity, balance and impartiality to the Court." He wants to put a stop the dangerous trend of judicial activism that has developed that places profits over people, violating our family Judeo-Christian values.

We at Martinson & Beason proudly support Tom Edwards for the Alabama Supreme Court. For more information about Tom Edward's campaign visit his website at www.tomedwardsforjustice.com

Our Alabama Accident Attorneys Are Available 24 Hours A Day

2010-04-26T18:19:36Z

Often the need for an Alabama personal injury lawyer doesn't arise between the hours of 8:00 am and 5:00 pm. Many car wrecks occur at night or the weekend when most law offices are closed that is why the Alabama car accident and truck accident attorneys at Martinson & Beason are available nights and weekends. Our personal injury lawyers are only one phone call away night or day and are available to meet with injured victims at the hospital and their home. If you or a loved one has been the victim of a nighttime or weekend accident, our Alabama personal injury attorneys are available via phone or email 24 hours a day. Over the years our availability has been a great comfort to our clients allowing us to answer any questions or concerns they may have. You can reach our Alabama automobile accident attorneys at 256-533-1667 or toll free at 1-800-255-6534 and via email at info@mblawhsv.com

We represent individuals in all of the following Alabama Counties: Autauga County; Baldwin County; Barbour County; Bibb County; Blount County; Bullock County; Butler County; Calhoun County; Chambers County; Cherokee County; Chilton County; Choctaw County; Clarke County; Clay County; Cleburne County; Coffee County; Colbert County; Conecuh County; Coosa County; Covington County; Crenshaw County; Cullman County; Dale County; Dallas County; DeKalb County; Elmore County; Escambia County; Etowah County; Fayette County; Franklin County; Geneva County; Greene County; Hale County; Henry County; Houston County; Jackson County; Jefferson County; Lamar County; Lauderdale County; Lawrence County; Lee County; Limestone County; Lowndes County; Macon County; Madison County; Marengo County; Marion County; Marshall County; Mobile County; Monroe County; Montgomery County; Morgan County; Perry County; Pickens County; Pike County; Randolph County; Russell County; Shelby County; St. Clair County; Sumter County; Talladega County; Tallapoosa County; Tuscaloosa County; Walker County; Washington County; Wilcox County; Winston County.

Huntsville AL Jury Returns Verdict for M&B Client

2010-04-12T13:40:34Z

Huntsville Trial Lawyers George Beason and Morris Lilienthal received a jury verdict for their client in a breach of contract case last week. The jury trial centered on commissions owed from a car dealership to one of its former salesman. After a two plus day trial the jury returned a verdict for the Plaintiff awarding him most of the damages he was seeking in the matter. Our client was extremely satisfied with the result we were able to obtain and we were very excited to see the system continue to be a venue for the little man to stand up to Corporate America. While most civil cases do settle prior to trial, it's important in selecting an Alabama personal injury attorney to hire one that has courtroom experience and is willing to take the matter to trial to achieve the best possible result for their client.