Alabama Injury Attorney Blog

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

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.

A Birmingham, Alabama man was killed when his car was traveling the wrong way on Interstate 65 in Prattville and collided with an 18-wheeler. The truck accident occurred around 5 am and Alabama State Troopers aren't sure why the driver of the car was driving the wrong way on the interstate but blood samples from the victim could provide some answers. It's possible the driver of the car could have been under the influence of alcohol or drugs. It's also possible the driver could have gotten on to the interstate the wrong way. It's certainly a tragic accident that could have easily been avoided.

As Alabama Truck Accident Attorneys this is not the typical truck wreck; however, it does have the typical result. Due to their large size, accidents involving 18-wheelers often have deadly results. In 2007, there were 8,809 accidents that involved trucks in Alabama. Of these truck wrecks there were 2,202 injuries. There were 136 fatalities in Alabama truck accidents in 2007.

In 2007 there were 8,809 Alabama Truck Wrecks. Further, 136 people were killed in 2007 in Alabama Truck Accidents. One of the leading causes of truck wrecks is driver fatigue. In an effort to keep fatigued drivers off the highway the Federal Motor Carrier Safety Administration regulates the "hours of service" a trucker can drive a semi-truck. These hours of service regulations are contained in Title 49, Part 395, of the Code of Federal Regulations.

Under the rules for property-carrying commercial motor vehicles, a driver may NOT drive such a vehicle:

1. More than 11 hours following 10 consecutive hours off duty; or

2. Beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty; or

3. After being on duty more than 60/70 hours in any 7/8 consecutive days.

The driver's record of duty status, commonly known as the driver's log, is the document used by the driver to record his/her time. Both the carrier and the driver must know what items are required on a driver's duty status record and how they are to be recorded.

The Record and Its Contents

First, careful consideration must be given to the actual form to be used by the driver on which to record his or her duty status. No longer do the regulations mandate the use of a specific format, but rather, specify only that certain items be incorporated into whatever form the carrier decides to use. The carrier has the option to select that format which best suits his/her operation. However, the format chosen must include:

1. the Graph Grid with the remarks section, which can be used either vertically or horizontally,
2. the date,
3. the total miles driving today,
4. truck or tractor and trailer numbers, or motorcoach number,
5. the name of the carrier,
6. the carrier's main office address,
7. a place for the driver's signature/certification,
8. the 24-hour period starting time whether it be midnight, 9:00 a.m., noon, 3:00 p.m., or any other time selected by the carrier for a terminal,
9. name of co-driver,
10. total hours (at the end of the grid), and
11. shipping document number or name of shipper and commodity, or charter order number/schedule number.

For more information on Hours of Sevice and Trucking Regulations visit Federal Motor Carrier Safety Administration.

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 car accident or truck accident can be a very scary and unnerving experience. It is critical that personal injury victims take the proper steps following a motor vehicle accident to gather and preserve evidence to enable them to obtain the maximum compensation they deserve. The following is a checklist for Alabama personal injury victims:

The Accident Scene:

• Call the police
• Exchange information with the other driver, such as: name, address, telephone number, driver's license number, tag number, and insurance information.
• Gather the names and contact information for any witnesses
• If possible photograph the vehicles and scene of the accident

Following the Accident:

• If injured, seek immediate medical attention
• Notify your insurance carrier
• Photograph your vehicle
• Photograph any injuries
• Keep a log of your medical treatment to help document your daily recovery and pain and suffering
• Keep a log of all out of pocket expenses such as co-pays, prescriptions, and lost wages
• Keep all bills, receipts and documents associated with your vehicle's damage and repair
• Obtain a copy of the accident report

Other Key Points:

• Never admit fault to the other driver or police officer immediately after the accident
• Diligently follow through with all medical treatment and care
• Do not speak with anyone from the other driver's insurance company or their attorney without first contacting an experienced Alabama Personal Injury Attorney
• Retain copies of all documents, bills, medical records, etc...

Teenage drivers are at a much higher risk for being involved in a car accident than any other age group.  In 2005, 4,544 teenagers 16 to 19 died of injuries caused by automoblie accidents.  The risk of motor vehicle accidents is higher among 16 to 19 year olds than amoung any other age group.  In fact, per mile driven, teenage drivers ages 16 to 19 are four times more likely than older drivers to be involved in automoblie accident. 

In an effort to reduce the number of teenages involved in car accidents in Alabama, the Alabama House of Representatives just passed (House Bill 282) that puts new restrictions on 16 and 17 year old drivers.  This new bill would be a form of a graduated driver's license program, which has been shown to reduce fatal crashes in 16 year old driver's by 38%.  This new legislation calls for an 11 p.m. driving curvew on weekends and mandates that only one passenger can be in the car with these young drivers with restricted licenses. The bill also calls for an adult 21 or older to ride with 15 and 16 year olds with learner's permits.  Hopefully, the Alabama Senate will pass this bill and the number of Alabama teens involved in car and truck accidents will decline.          

A recent report has found that there has been at least one bright spot of the recent economic downturn and that is a reduction in fatal car accidents in Alabama.  The report found that traffic accident fatalities have dropped by nearly half in Alabama's wiregrass area over the last year.  Alabama Governor Bob Riley recently reported that early numbers showed a 17% reduction in fatal motor vehicle accidents state wide in the last year. 

One of the factors that has lead to this decline in fatal car accidents is higher gas prices and the overall downturn in the economy.  As gas prices rose and the economy tanked last year, fewer drivers hit Alabama's highways and when they did they drove slower to conserve gas.  Studies have found that there is a direct correlation between higher speeds and fatalities.  In addition to fewer drivers on Alabama Highways, enforcement campaigns such as "Take Back Our Highways" and "Click It or Ticket" have had a positive impact on the safety of Alabama's highways.  Hopefully when the economy starts to rebound there will not be this same correlation to an increase in Alabama car accidents.    

An article and editorial published in the Journal of Neurosurgery examined the nexus between air bag and seat belt usage and spinal injuries suffered by car accident and truck accident victims.  This research examined the records of more than 20,000 motor vehicle accident victims age 16 and older admitted to Wisconsin hospitals after car or truck wrecks from 1994 to 2002. This research confirmed that the use of a seat belt and an air bag together was associated with a decreased risk of spine fracture, including more severe fractures. 

In 2007, there were over 6 million motor vehicle accidents in the United States.  Nearly 2.5 million of those accident victims were injured and more than 41,000 lost their lives.  According to the Fatality Analysis Reporting System (FARS), 1,110 people lost their lives in motor vehicle accidents in 2007 in Alabama.  This was down 8% from 2006 where 1,207 people lost their lives in car and truck accidents in Alabama.

In 2007 Jefferson County, Alabama, which includes Birmingham, saw 98 people killed in car and truck accidents.  This was a 23% increase in the number of fatal accidents in the Birmingham, Jefferson County area from the previous year.  This is in stark contrast to Madison County, Alabama which includes Huntsville.  In 2007, 34 people in the Huntsville area lost their lives in a car or truck accident.   This was a 55% decrease from 2006 which saw 75 people in the Huntsville area lose their lives in motor vehicle accidents.  This large decrease in the number of fatal car and truck wrecks in the Huntsville area can likely be attributed in part to the combination of seat belt and air bag useage.          

The family of an East Dubuque, Illinois woman who was killed in a three-vehicle pileup on Halloween has filed a wrongful-death lawsuit.  Tabitha Carroll, her husband and son were stopped in traffic when their Ford truck was hit from behind by a semi-truck and pushed forward into a dump truck.  A subsequent investigation determined that the driver of the semi-truck was under the influence of marijuana at the time of the truck accident.  The investigation also revealed that half of the truck's brakes were deemed faulty. 

Had this tragic truck accident occurred in Alabama the proper party to bring a wrongful death lawsuit would be the personal representative of the estate.  Alabama's wrongful death law is unlike any other, in that it only permits recovery for punitive damages and denies any recovery for compensatory damages. Thus, Alabama's wrongful death statute is setup to punish the wrongdoer, not to compensate the family for economic losses.     

Continue reading "Truck Accident Leads to Wrongful Death Lawsuit " »

A recent study in the American Journal of Public Health further establishes the importance of placing children in car seats.  Car accidents are the leading cause of unintentional injury and death for children older than 1 year, according to background information in the study. More than 500 children younger than 3 died as a result of motor vehicle collisions in 2005, according to U.S. Centers for Disease Control and Prevention statistics cited in the study.

According to the study babies reaped the most benefit from being placed in a car seat. Their odds of dying in a car crash dropped by three-quarters if they were in a safety restraint seat. But older children also saw significant benefits, with a mortality risk reduction of at least 60 percent 

Although many parents use car seats to protect their children in the event of a car accident, they often make many mistakes in using the car seat.  For exmaple, many parents do not properly restrain their child in the car seat or fail to properly place the car seat in the car or use an inappropriate car seat.  For more information about proper car seat safety guidelines visit The American Academy of Pediatrics website.   

Continue reading "Car Accident Study Details How Car Seats Can Save Alabama Children" »