Gadsden Personal Injury Lawyer - Automobile Accidents - Most Commented

Child Car Seats in Automobile Crashes

Jason Knowles — Fri, 12 Jun 2009 10:37:34 GMT

As the father of two small children, I use child car seats daily, and I often think, usually as I am hurriedly buckling up one of them, about how important it is to properly select, install, and use such devices. I recently came across some research by the Insurance Institute for Highway Safety (IIHS) which I found enlightening and helpful to all parents, grandparents, and others who may transport our most precious cargo.

The IIHS recently released some new research examining the effectiveness of child seats in regard to injury prevention. The study focused primarily on the effectiveness of child booster seats. The IIHS report provides strong evidence that belt-positioning booster seats, coupled with lap/shoulder seatbelts, offer the safest way for children to travel in cars after they outgrow their child safety seats.

The IIHS examined in particular the use of child safety devices for children between the ages of about four and eight, who typically have outgrown child safety seats but are not yet large enough to properly fit in standard lap/shoulder seatbelt systems. The IIHS research provides evidence of a significant benefit from the use of belt positioning booster seats which allow for a better fit for small children in lap/shoulder seatbelts. The data revealed that the risk of injury among children in belt-positioning booster seats with lap/shoulder belts was reduced by 57% compared with children using lap belts alone. Thus, according to the IIHS study, a lap-belt only position is not optimal for booster-aged children due to the lack of torso restraint. This study shows that the risk of injury for small children can be reduced significantly by the proper selection and use of child restraint devices.

The IIHS has an excellent video resource titled “Keeping Children Safe in Crashes” which can be viewed and purchased on the IIHS website. The video has instructions and photographs on the proper selection, installation, and use of child seat devices. The information can be viewed at www.iihs.org/research/topics/child_restraints.

Here locally in the Gadsden, Alabama area the Gadsden Fire Department is presenting a free child car seat check on June 18, 2009, where you can have your child safety seats checked for proper installation. In Gadsden, call 256-549-4566 or visit www.gadsdentimes.com for more information.

Originally posted at InjuryBoard by Jason Knowles

Why Is Uninsured/underinsured Motorist Coverage Important?

Michael Roberts — Mon, 22 Dec 2008 14:55:51 GMT

If you have the unfortunate experience of being injured in a wreck through the fault of an irresponsible driver, your options for financial compensation can be substantially affected by the type and amount of coverage in automobile insurance you have purchased.

There are many people driving on the highways who do not obey the law requiring liability insurance. Many more people, while obeying the law, carry only the bare minimum amount of coverage required by law. If you are seriously injured by negligence of a driver in these circumstances, you may find yourself without a sufficient source of recovery.

A way to deal with this problem is through the purchase of uninsured/underinsured motorist coverage. If an uninsured motorist negligently injures you, and you have purchased uninsured motorist coverage, then your automobile insurance company is responsible to compensate you, up to the amount of its policy limits, for the amount of damages that you are legally entitled from the uninsured motorist. In some states, such as Alabama, if you are injured by negligence of a motorist who has some liability insurance, but not enough to completely compensate you for your damages, then your own automobile insurance company may be liable for these excess damages.

It is wise to purchase a substantial amount of uninsured/underinsured motorist coverage. If your insurance agent suggests that you can save money on premiums by rejecting your right to such coverage, you should carefully consider the possibility that you might someday be faced with being inadequately compensated due to inadequate coverage on the part of some irresponsible driver.

Originally posted at InjuryBoard by Michael Roberts

Tips and Traps in Auto Accidents

Michael Roberts — Fri, 30 May 2008 11:39:06 GMT

Recent changes and developments in automobile insurance law and related issues can create problems for the unwary who are dealing with the consequences of automobile accidents. One critical point is to remember that, under Alabama court decisions, if an injured person settles with the negligent person’s automobile liability insurance company without taking certain affirmative steps and procedures with respect to the underinsured motorist coverage, the injured person can automatically lose his or her entitlement to additional coverage and benefits that might have otherwise been available. Also, a recent case has held that, when an automobile insurance company has one of the “named insured” persons on the policy sign a rejection form for uninsured/underinsured motorist insurance, that does not necessarily mean that this coverage is wiped out as to other persons who might be entitled to recover under that policy. Therefore, if an insurance company says there is no coverage, the documents ought to be examined in light of this new case to see whether that is really consistent with current law. Additionally, if a person is injured by more than one negligent party (such as in a multi-vehicle accident, or a situation where both a negligent driver and his employer are legally responsible for an accident), a settlement with one of these responsible parties might accidentally wipe out the injured person’s rights against the other responsible party, unless a certain type of release, called a “pro tanto” release is used.

When health insurance plans or agencies, such as Medicare, asserts subrogation or reimbursement rights for medical expenses paid in an accident, there are steps that can be taken that can reduce, under certain circumstances, the amount that has to be repaid or reimbursed.

If you or a family member are uncertain of your rights with regard to an automobile accident, it is always wise to consult an attorney.

Originally posted at InjuryBoard by Michael Roberts

Local Wreck Reminds Us of Dangers of Teen Driving

Jason Knowles — Thu, 13 Aug 2009 08:59:55 GMT

Last week near Gadsden, Alabama a 20-year-old driver of a Jeep died in a head-on automobile collision with a Honda Accord driven by a 16-year-old. The driver of the Accord, along with her 14-year-old passenger, were seriously injured. The 24-year-old driver of the Jeep, as well as a 19-year-old passenger, were also seriously injured in the accident. (See the story in The Gadsden Times, August 6, 2009)

Accidents such as this remind us of the dangers associated with teen aged driving. According to the CDC, motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group. In 2005, 12 teens ages 16 to 19 died every day from motor vehicle injuries. According to the CDC, although young people ages 15-24 represent only 14% of the U.S. population, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of such costs among females. Among teen drivers, those at especially high risk for motor vehicle crashes are males, teens driving with teen passengers, and newly licensed teens. The CDC has found that, compared to older drivers, teens are more likely to speed, more likely to underestimate dangerous conditions, less likely to wear seatbelts, and more susceptible to the effects of alcohol or drugs.

Fortunately, there are proven methods to helping teens become safer drivers. For example, research compiled by the CDC suggests that the most comprehensive graduated drivers licensing (GDL) programs are associated with reductions of 38% and 40% in fatal and injury crashes, respectively, among 16-year-old drivers. Simply put, graduated driver licensing (GDL) systems are designed to delay full licensure while allowing teens to get their initial driving experience under low-risk conditions. For more information about GDL systems, see the Teens Behind the Wheel: Graduated Licensing fact sheet.

Originally posted at InjuryBoard by Jason Knowles

Keep Our Children Safe This Summer

Greg Cusimano — Sun, 07 Jun 2009 09:49:45 GMT

It’s hard to believe that 830,000 children are killed each year by accidents according to the World Health Organization. This is probably underestimated because in many poor countries, children are killed or injured and the tragedies are not even reported. Interestingly the majority of causes are the same throughout the world— traffic, poisoning, burns, drowning and falls. Many of these injuries and deaths could and should have been prevented.

We should be particularly alert to the roadway dangers affecting teenagers. Traffic deaths rank number one in both rich countries and poor ones. Just in the U.S. over 12,000 children are killed by accidents each year. As expected car crashes are the leading cause.

What can we do? Some countries like Sweden have reduced by almost 80% the death rate for teenagers and children in the last 40 years. How did they do it? Generally by enforcing speeding laws, moving traffic away from area populated by children, requiring helmets, safety standards for products, teaching safety at schools etc. Maybe we should follow the lead of Sweden.

We hope you enjoy a safe and sound summer. Take care of our children they are our future.

Originally posted at InjuryBoard by Greg Cusimano

Recent Alabama Court Decision Allows Suit Against County for Roadway Problems

Michael Roberts — Wed, 03 Dec 2008 16:11:41 GMT

A decision released in November by the Alabama Supreme Court permits a lawsuit to go forward where a county and its engineer had been sued due to the failure of a county to install a railing at the approach to a narrow bridge. Expert testimony indicated that occupants of a vehicle were injured due to this failure to comply with reasonable road construction standards which made such a railing almost a “necessity.” The vehicle left the traveled portion of the roadway in icy conditions. Had a railing been present, it would have deflected the vehicle back into the road, but instead, it went over the edge and dropped into a creek bed ten feet below. The county argued that the absence of specific statutory requirements for such a railing meant the case should be dismissed as a matter of law, but the court in Holt v. Lauderdale County, disagreed, ruling that a jury must hear the claims. Further, the court rejected the county’s argument that dismissal was required due to the bridge’s compliance with standards at the time it was built, since a county has a continuing duty to keep roadways safe. Unfortunately, Alabama law still imposes a cap of $100,000 per person as to claims against municipalities, no matter how badly the person is injured. It would be reasonable for the legislature to re-examine this restrictive law, originally enacted during the 1970s.

Originally posted at InjuryBoard by Michael Roberts

My Case Is Going To Mediation. What Is Mediation?

Michael Roberts — Mon, 10 Nov 2008 18:12:41 GMT

During the last several years, mediations have become more common as a means to try to achieve settlement in cases. Sometimes mediations are ordered by courts, and sometimes the parties simply agree among themselves to hold a mediation. A mediation is essentially a meeting of the parties and their attorneys, together with the mediator, a neutral person, usually an attorney, who has certain expertise in facilitating settlement negotiations. Often, mediators are certified by the State Bar associations, after having specified certain training procedures or demonstrating other mediation credentials through their experience. A mediation is very different from an arbitration. Unlike an arbitrator, a mediator does not have the power to force or require a certain result in a case. Rather, the mediator acts much like a diplomat or facilitator or a moderator of negotiations. Many times, the mediation will begin with all parties and their attorneys together in one room, with the mediator directing general discussions about issues in the case. Then the parties may break up, with the plaintiffs and their attorneys in one room, and the defendant and their attorneys in a different room. The mediator will travel back and forth between the rooms, conveying offers and counter-offers. The mediator may also provide helpful or commentary and suggestions but the parties are not required to follow these suggestions. While trials are open to the public, mediations are completely private. If the parties reach a settlement agreement, that will be reported to the court but the discussions during the mediation remain private. A mediation is no guarantee that a successful settlement will occur but it is often a useful process that can produce a satisfactory settlement.

Originally posted at InjuryBoard by Michael Roberts

Child Killed in SUV Pedestrian Accident; Family Thanks Attorneys Who Care

Betsy Boggs — Mon, 07 Jul 2008 17:06:50 GMT

The following letter to the editor was written by my sister after the death of her 11-year old grandson who was hit by an SUV in Kissimmee, Florida.

L. Trammell

Douglasville, GA

January 10, 2008

The Gadsden Times
Attention: Letters to the Editor

Dear Editor:

When tragedy struck my family in October of 2007 we turned to the only people we knew could help - lawyers. We all know this day and time that lawyers are not always thought of in a favorable light - some think they’re greedy, some think they’re shady dealers and underhanded, and some just down right don’t like them. But most would agree that they are needed often in our direst, darkest moments.

My sister, Betsy Boggs, and I both work for attorneys, and have for many years. We see a different side of the legal profession than most people do. But in October 2007, our family had an urgent need to get legal advice, and fast. My grandson was killed when he was hit by an SUV when crossing a highway in Kissimmee, Florida. He had exited his school bus that had missed the normal bus stop and was let out with other children down the street from their normal stop. In an instant our world changed. Was anyone at fault: the school bus driver, the person driving the SUV, the school board, the county for not having crosswalks for the children to cross safely? These are all questions we had and we could get no answers. My sister’s firm, Cusimano, Keener, Roberts & Raley in Gadsden, Alabama got involved immediately, and found local lawyers for our family in Florida to help us out and to get us answers.

The firm sent an investigator to Kissimmee immediately to talk with my daughter and her husband, to go to the site, and to interview any and all witnesses. He was compassionate and caring - in how he dealt with the family and the witnesses. He knew he had to act quickly. The investigator went above and beyond his job. He went to where the tragedy occurred - took measurements and video of traffic in the area - especially when children were being picked up and let off the school bus. Everyone in the firm acted immediately to help my family through this tragic, awful event.

It turns out in this situation, there was little insurance. Even though the settlement was very small, it did not affect the caring and compassion of these two firms.

These firms dropped everything they were doing to help my family. They cared--they did all they could to help. You see, an 11 year old child lost his life, a family was grieving and will continue to grieve. These law firms - Cusimano, Keener, Roberts & Raley and Maher, Guiley and Maher helped more than they will ever know. They found us answers. They helped my family find some peace and gave us the best gift they could have given - their compassion, their hearts and blessings. They were not greedy, money hungry lawyers.

So, the next time you need a lawyer please remember not all of them are like what you hear - most are real people, have real families and really do care. Both of these firms proved that to me and I’ll be forever grateful to them.

Very sincerely,

L. Trammell

Originally posted at InjuryBoard by Betsy Boggs

Alabama Guest Statute Opinion

Michael Roberts — Mon, 14 Apr 2008 14:56:12 GMT

A decision released recently by the Alabama Supreme Court, Phillips v. United Services Automobile Assoc., held there was no evidence of wantonness in a single-vehicle accident. In this case, the driver took her eyes off the road in order to wave to friends in another vehicle, and then lost control, injuring a passenger

Because of the harsh effect of Alabama’s guest statute, the injured passenger was required to prove, not merely that the driver was negligent, but that the driver was guilty of wantonness, which is more difficult to prove, because that requires a showing that the driver acted consciously or recklessly in disregard of the rights or safety of others.

This illustrates the unfairness of Alabama’s guest statute. Many states around the country adopted guest statutes in the 1930s, but almost all states, other than Alabama, have repealed or substantially abrogated their own guest statutes. Additionally, this case illustrates the importance of prompt and thorough investigation, as quickly as possible after a serious accident, in order to document and preserve information and evidence about the actions of the party at fault.

Originally posted at InjuryBoard by Michael Roberts

My lawsuit has now been filed. What happens next?

Michael Roberts — Sat, 12 Apr 2008 10:34:40 GMT

Procedures and deadlines vary to some extent from place to place, but, generally, the company or person sued has a deadling (often 20 to 30 days) to file a response in the court clerk's office. The early phase of a lawsuit typically involves "written discovery" (questions and requests for records) exchanged between the parties' attorneys. Depositions are taken, usually after at least some degree of written discovery has taken place. You are likely to be questioned in a deposition by the other side's attorney, but your attorney will prepare you for that and will be present to make any needed objections and ask follow up questions. Your doctor may also give a deposition.

A mediation may be held before trial. This is essentially a meeting, usually somewhat informal, with a neutral attorney who tries to help facilitate settlement discussions.

If the case does not settle, the trial is held. Unfortunately, it may take quite a long time after lawsuit filing for a trial to be scheduled; the length of time depends on the complexity of the case and the number of cases pending on that court's docket.

The losing party can have the right to appeal the decision to an appeals court. The appeals court, generally, is supposed to limit the scope of its decision to whether the trial judge made a mistake about the law. Again, a case on appeal can take a long time before there is a ruling.

Originally posted at InjuryBoard by Michael Roberts