Alabama Car Accident Lawyer Blog

This past week has seen a rash of tragic Huntsville area car wrecks. The first car accident occurred in Madison at the intersection of Wall Triana Highway and Gooch Lane. Sadly, this wreck claimed the life of a pregnant woman and her unborn child. The second fatal auto accident occurred on Highway 53 about 10 miles north of Huntsville. This was a single car accident, which resulted in the death of the driver. The third fatal car accident involved 5 cars at the intersection of Jordan Lane and University Drive in Huntsville. According to a report in the Huntsville Times, the at-fault driver drove into the rear of a line of cars that were waiting to turn in a turning lane. Early reports indicated that the at-fault driver may have had a medical emergency such as a heart attack or stroke.

To see this many fatal Huntsville area car accidents in one weekend is unusual based upon the statistics from prior years. According to the Alabama Department of Public Safety, in 2007, there were 34 fatal auto accidents in Madison County, Alabama. Assuming there is a viable personal injury claim that arises out of the first car accident, Alabama law does allow for a wrongful death claim for the death of an unborn fetus.

A recently released NHTSA study shows a near 30% increase in the number of women arrested nationally for driving under the influence. The study also revealed that in 2008 there were 36 fatal Alabama car accidents that involved a female driver with a blood alcohol content equal to .08 or higher. Further, in 2008 there were 257 fatal Alabama car accidents that involved a male driver with a blood alcohol content equal to .08 or higher. While the number of DUI arrest for men decreased by about 7.5%, the number of males arrested for DUI trumped the number of females by four to one. According to NHTSA about 2000 fatalities a year involve an impaired female driver.

In some instances, not only can the intoxicated driver be held liable for causing a car wreck, but the bar, restaurant or retail establishment that sold the drunk the alcohol can be held liable. Under Alabama's dram shop laws, a retail establishment is prohibited from selling or providing alcohol to a person who under the totality of the circumstances appears to be intoxicated. An experienced Alabama Car Accident Lawyer will always investigate the cause of the auto accident and if alcohol is involved, determine how and under what circumstances the drunk driver obtained the alcohol. For more information on alcohol related accidents and Alabama's dram shop law see a recent post on our alabamainjuryattorneyblog.

Alabamians will soon take to the roads on the upcoming Labor Day holiday. More cars and trucks on Alabama's roads will ultimately lead to a spike in Alabama auto accidents for the long holiday weekend. In 2007, during the 78 hour Labor Day holiday weekend 7 people were killed in Alabama car wrecks. In 2006, during the same 78 hour window, 11 people were killed in Alabama car accidents. For 2006 and 2007, of the six (6) major holidays - New Years; Memorial Day; July 4th; Labor Day; Thanksgiving; and Christmas - Labor Day has seen the fewest number of people killed on Alabama's highways. Drivers should plan on leaving early to allow for the extra travel time it will take to get to their destination due to the increase number of vehicles on the roadways. As Alabama car accident attorneys we often see the tragic result that can occur from a car accident and encourage anyone taking to the roads on the upcoming holiday weekend to obey the posted speed limit and buckle up. For safe driving tips visit: roadtripamerica.

A multi-car accident occurred on 15th Street in Tuscaloosa when the driver of one vehicle lost control of his vehicle while traveling at a high rate of speed. According to a report on the car wreck in the Tuscaloosa News, the car accident involved six cars and sent two drivers to the hospital. In 2007, there were 3,578 Alabama car accidents where the primary cause of the wreck was driving over the speed limit. Unfortunately, many drivers often ignore the posted speed limits and the results can be deadly.

In the context of a personal injury lawsuit, as Alabama car accident attorneys, we always investigate whether the defendant driver's speed was a proximate cause of the accident. If it can be established that the defendant driver was not just speeding, but driving at an excessive rate of speed over the speed limit that fact may give cause to a claim for wantonness or recklessness, which can be grounds for a punitive damages award. Punitive damages are awarded under Alabama law only in situations where it can be established that the defendant's conduct was carried on with a reckless disregard or conscious disregard of the rights or safety of others. Punitive damages have two distinct purposes: a) punishing the particular defendant for his/her wrongful act; and b) protecting the public by deterring the defendant and others from doing such acts in the future.