Alabama Injury Attorney Blog

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.

A Tuscaloosa County Alabama car wreck has claimed the lives of two young people. According to the Tuscaloosa News, Austin Dale Rhodes, 16, of Fayette and Dakoda James Nanney, 11, of Booneville, Miss died on Saturday May 23, 2009, on Alabama Highway 171 when their Toyota pick up collided with a Ford Explorer. Alabama Highway 171 is curvy 2 lane road that connects Tuscaloosa and Fayette. In 2007, there were 9 fatal Alabama car accidents during the 78 hour Memorial Day weekend. This was down from 2006 when there were 13 fatal Alabama car wrecks during the busy 78 hour Memorial Day holiday.

A Birmingham Alabama car wreck has sent seven people to the hospital. The car accident occurred on Tuesday May 12th on 5th Ave N and East Lake in Birmingham. According to the Birmingham Fox 6 news report, the car wreck was a head on collison between an SUV and truck. According to the most recent statistics, there were 19,755 traffic accidents in Alabama on Tuesday's in 2007. Further, there were 98 fatal traffic accidents on Tuesday's in 2007 in Alabama. Click here for more information about Birmingham car accident statistics.

An Alabama State Trooper was involved in a car wreck at the intersection of Sutton Road and U.S. 431 in Huntsville, Alabama on Thursday, May 7th. According to a report in the Huntsville Times, Alabama State Trooper Blake Wilson's patrol car was struck head on when he was attempting to turn left from Sutton Road to go north on U.S. 431. Trooper Wilson was taken to Huntsville Hospital. The report notes that the accident will be investigated by the Huntsville State Trooper post as part of standard procedure.

As Huntsville Alabama car accident attorneys we see this type of accident far too often. In 2007, Madison County, where Huntsville is located had 10,587 motor vehicle accidents 2,901 of which involved someone who was injured. Furthermore, there were 34 fatal motor vehicle accidents in Madison County in 2007. In Huntsville alone in 2007, there were 7,651 motor vehicle accidents 1,914 of which involved someone who was injured. In 2007, Huntsville had 19 fatal motor vehicle accidents.

Continue reading "Huntsville Alabama Car Accident Involves Alabama State Trooper" »

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"***

A 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.