Alabama Injury Attorney Blog

In Williamson v. Mazda, the US Supreme Court has allowed the family of Than Williamson to pursue a products liability claim for wrongful death benefits against Mazda. An article by Fred Meier of USA Today, details that Williamson was a second row middle seat passenger in a 1993 Mazda MVP that was involved in a car accident. The plaintiff wants to hold Mazda liable for only having a lap belt in the middle seat and not a 3 point belt system. The plaintiff claims the lap belt caused the deceased's body to jackknife around the belt causing her death. However, they contend this would not have occurred if there had been a 3 point belt system.

Mazda claimed they were immune from suit because the federal regulations allowed them to choice between either a lap belt or a 3 point belt system in the middle seat. The court did not find merit in this argument. Thus, the case will be sent back to the state court system for trial.

Mazda was reliant upon the Federal Motor Vehicle Safety Standards (FMVSS) and Regulations to which manufacturers of motor vehicle and equipment items must conform and certify compliance. The first FMVSS became effective on March 1, 1967. These regulations mandate guidelines for items such as seat belts, air bags and roofs in the vehicle. However, it is important to note that these are just minimum safety standards for vehicle manufacturers.

The first hour following a car accident can be critical to saving a car wreck victim's life. A new program is aimed at helping first responders identify critical information about the victim that could save their life. The Yellow Dot program providers first responders medical information about the crash victim. Participants in the program receive a yellow dot or decal that is placed in the rear window of their car that tells the first responders there is a yellow folder in the glove compartment with the victims critical information . This folder contains information such as the drivers name, identifying photo, emergency contact information, their doctor's name, any medical conditions such as diabetes, high blood pressure, recent surgeries, medications and allergies. These are all items that could be critical if the victim is unable to respond to medical personnel.

Currently, only 11 Alabama counties participate in The Yellow Dot Program: Butler County, Cherokee County, Clay County, Colbert County, Escambia County, Etowah County, Henry County, Houston County, Marshall County, Montgomery County, and Pike County. The program is free to its participants. Hopefully, as the news of this great new program spreads it will expand into more counties. For more information please visit The Yellow Dot Program

UPDATE: As of October 14, 2010, Madison County, Alabama is now a participant in the Yellow Dot Program.

Enrollment Stations:
Madison County Sheriff's Office, 715 Wheeler Avenue, Huntsville, AL 35801, (256)533-8820
Woody Anderson Ford, 2500 Jordan Lane, Huntsville, AL 35816, (256)539-9441
Woody Anderson Ford, 1638 Hughes Road, Madison, AL 35758, (256)217-8440
Huntsville-Madison County Senior Center, 2200 Drake Avenue, Huntsville, AL 35805, (256)880-7080
Madison Police Department, 100 Hughes Road, Madison, AL 35758, (256)722-7190

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.

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.

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.

Alabama personal injury attorney Morris Lilienthal represented our client who was involved in a serious car wreck on January 19, 2007. The plaintiff and her husband were driving north on a 5 lane highway (2 southbound lanes, 1 turn lane and 2 northbound lanes) at the time of the accident. Evidence at trial revealed the defendant was traveling southbound in the northbound lanes and had been weaving back and forth across the highway and driving on the sidewalk prior to the impacting the Plaintiff's vehicle in the Plaintiff's lane of travel. As a result of this accident, our client suffered a severe wrist sprain and bruising all over her body. Our client's most severe injury was not a physical injury, but rather the emotional distress and mental anguish she has suffered as a result of this car wreck.

At the time of the car accident, the defendant was an uninsured motorist. The Plaintiff's uninsured motorist carrier intervened into the case. Prior to trial, the uninsured motorist carrier valued the Plaintiff's claim at $40,000.00 and paid this amount to the Plaintiff. Based upon the severity of our client's psychological injuries and the defendant's wrongful conduct we valued the case at a higher amount. We are pleased to announce that we received a verdict in the amount of $80,000.00, twice the amount originally paid by the uninsured motorist carrier. This bench verdict consisted of an award of $50,000.00 in compensatory damages and $30,000.00 in punitive damages

A Mississippi woman was tragically killed when the car she was riding in was struck by a train on Tuesday August 4th in Colbert County, Alabama. According to a report in Florence's TimesDaily newspaper, the crossing where this car wreck occurred has flashing lights and crossbars. The report indicates the driver of the car went around the crossbars and was struck by the train on the passenger side and pushed off the road about 70 feet from the point of impact. The driver of the car was flown from the scene to Huntsville Hospital. This is the 31st automobile accident that has resulted in a fatality in northwest Alabama.

According to the Alabama Department of Public Safety, in 2008, there were 84 train/automobile wrecks that resulted in 10 deaths and 34 injuries in Alabama. This is an increase from 2007, where there were 72 train/automobile wrecks that resulted in 14 deaths and 25 injuries.

As experienced Alabama car accident lawyers, over the years we have represented numerous people who were involved in car accidents with a train. Often crashes between an automobile and a train are caused by a lack of warning devices such as flashing lights or cross bars. Other times these car/train accidents are caused by some line of sight problem where the automobile driver's ability to see an oncoming train is obstructed by some object. However, many times as it appears is the case in this unfortunate accident, the driver of the automobile is at fault for failing to heed the warning devices. For more information on train crossing safety - visit operation lifesaver.

In an effort to reduce the number of Alabama car accidents, Alabama State Troopers are again instituting the "Take Back Our Highways" campaign this week. This is the fourth year of the campaign, which places additional officers on Alabama's highways in an effort reduce the number of car wrecks and unsafe drivers on Alabama's highways. According to a report from the Montgomery WFSA news website, troopers estimate that the program has saved more than 200 lives since 2006. This year, Tennessee, Georgia, Mississippi and Florida are all participating in the Take back our Highways campaign in an effort to reduce the number of car accidents in their states.

A three car accident in Florence, Alabama seriously injured an 86-year-old Red Bay man. Thomas Carrithers and his wife Elvia were flown to Huntsville following the car wreck. Mr. Carrithers was ejected from his pickup and is currently in serious condition in Huntsville Hospital's surgical intensive care unit. According to the Alabama Department of Public Safety, less than 1% of all Alabama traffic crashes in 2007 involved a driver who was 85 years-old or older.

In 2006, there were 1,432 motor vehicle accidents in Florence, Alabama 258 of which resulted in someone being injured. The number of Florence car and truck accidents declined in 2007. In 2007, there were 1,365 motor vehicle accidents in Florence 239 of which resulted in someone being injured. Fortunately, there were only 2 fatal accidents in Florence in 2007.

A Montgomery truck accident involving a dump truck and train surprisingly results in only minor injuries. According to the Montgomery Advertiser's report, Jackie Kemp, Jr., of Wetumpka, Alabama was traveling south on North Court Street in Montgomery when his dump truck collided with the train. According to the newspaper report, the accident site is guarded only by a railroad "crossbuck" sign and not lights or a protective arm. This particular track connects CSX's yard on the Mobile to Birmingham line with its line to Atlanta. This was the third accident involving a train in Montgomery County this year. According to the Federal Railroad Administration, there were 9 railroad crossing accidents between cars and/or trucks and a train in 2008 in Alabama. These 9 incidents tragically resulted in 10 fatalities. As Montgomery Alabama car accident attorneys, over the years we have seen the devastating results that can occur when a car or truck collides with a train. When approaching a railroad crossing, drivers should ad hereto the stop, look and listen rule

When Loxley, Alabama police responded to a car accident, they discovered both the driver and passenger were drunk. The driver was arrested on charges of driving under the influence and the passenger was charged with public intoxication. The topless passenger was so intoxicated that she couldn't even find her clothes. Fortunately, it does not appear that anyone was injured as a result of this accident. As Alabama dram shop attorneys we often see the tragic results that can occur when people make the decision to drive under the influence of alcohol.

According to the Alabama Department of Public Safety, in 2007 there were 5,883 drivers in Alabama who were influenced by alcohol or drugs who were involved in car wrecks. The 20 to 24 year old age group had the largest number of drivers with 1,132 drivers who were influenced by alcohol or drugs who were involved in crashes.

A Mobile Alabama Car Accident has led to a murder indictment. A Mobile Grand Jury has indicted Michael Loper on murder charges stemming from a January 2009 car accident where it is alleged he was traveling over 100 mph when he bumped another car off the road tragically killing three Mobile teenagers. Loper was also charged with leaving the scene of an accident with injuries.

According to the Alabama Department of Public Safety, there were 13,334 car accidents in Mobile County in 2007. Out of these 13,334 Mobile County car accidents there were 105 fatalities.

As Alabama Car Accident Lawyers we often seen an increase in the number of traffic accidents during the holiday season as the number of driver's on the road increases. According the Alabama Department of Public Safety's 2007 Alabama Traffic Crash Facts: Between 6:00 p.m. Friday, June 30, 2006 until 11:59 p.m. Tuesday, July 4, 2006, (102 hrs) there were 22 fatalities in Alabama involving automobile wrecks. Between 6:00 p.m. Tuesday, July 3, 2007, until 11:59 p.m. Wednesday, July 4, 2007, (30 hrs) there were 9 fatalities in Alabama involving automobile wrecks. Since the 4th of July falls on a Saturday this year there will likely be more people traveling than when the 4th falls on a week day; therefore, drivers should take extra precautions while on the roads this weekend such as: slowing down, buckling up and to be observant of other vehicles on the road.

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.

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.