Alabama Car Accident Lawyer Blog

A tragic Madison, AL car wreck on US Hwy 72 and Wall Triana has sadly claimed the life of Zachary Keyser, a 25 year old US Marine. According to police, Mr. Keyser's truck collided with another vehicle causing Mr. Keyser to lose control of his vehicle and strike a utility pole. Initial reports indicate the at-fault driver may have been intoxicated (drinking and driving). Police have taken a blood sample and are awaiting the results. If the other driver is found to have been DUI he will be charged criminally.

As Huntsville and Madison car accident attorneys we are saddened anytime we see a tragic accident that should have never happened. Our condolences go out to the family and friends of this brave Marine. Our law firm has seen a rash of drunk driving car accidents cases in the Huntsville area in the last year. Currently, we are representing several clients who were injured in accidents where the at-fault driver was driving under the influence. See our recent blog article: "Athens Alabama Drunk Driving Car Accident Injures Three." We recently settled a drunk driving car accident claim where the intoxicated driver came across the center line and struck our client causing him severe injuries. See our blog article entitled: "Huntsville Drunk Driving Car Accident Settlement Reached."

For more information on Drinking and Driving Accidents in Alabama see: Alabama Drunk Driving Accident Law 101.

Alabama car accident attorney Morris Lilienthal has reached a policy limits settlement involving a car wreck in Selma, Alabama. Our client was a pedestrian who was struck by a car as he was crossing a roadway. As a result of the impact, our client suffered multiple fractures, dislocations and contusions to his legs, arms, shoulders and face. As a result of this wreck out client incurred over $400,000.00 in medical bills. We are pleased that we were able to reach a just and fair policy limits settlement for our client.

One interesting point about this case is how we were able to trigger uninsured/underinsured motorist coverage (UM) under Alabama law. Our client did not own a car; however, he still lived at home with his parents. Because he was a "resident relative" we were able to trigger UM coverage through his father's insurance policy and stack three insurance policies. This is a prime example of why its important to hire an experienced Alabama uninsured motorist accident attorney.

Huntsville car accident attorney Morris Lilienthal represented our client who was severely injured in an accident that occurred with an elderly driver. Our client was test driving a brand new BMW and while she was stopped for a traffic light she was rear-end at high speed by the other driver. Our investigation revealed this 82 year old driver had recently had two other at-faults accidents and one traffic ticket for running a red light. As a result of this wreck, our client was immediately taken by EMS to the hospital. Unfortunately, our client suffered a herniated disc in her neck as a result of this auto accident and had to have a cervical fusion.

In this case, we made claims against the at-fault driver and our clients uninsured/underinsured motorist carrier. We were pleased that we were able to reach a fair and just settlement for our client in this matter. This case presents two important areas of discussion. First, should the government have some type of monitoring or re-testing system in place for elderly drivers? Clearly in this situation, the at-fault 82 year old driver did not need to be driving. He was not only a danger to himself but to other drivers as evidenced by his driving record and this wreck. Second, this case is yet another prime example of why it's important to have a sufficient amount of uninsured/underinsured motorist coverage. This is insurance coverage on your own insurance policy that kicks in when the at-fault driver does not have insurance or does not have enough coverage to adequately compensate you for your damages. For more information on this area of Alabama law see the Avvo Legal Guide: "A Guide to Uninsured/Underinsured Motorist Law in Alabama."

A car wreck on I-20/59 in Birmingham has sent four people to the hospital. According to a Birmingham News website, the accident happened when a tire on the Ford Explorer blew out causing the SUV roll several times. Two children were ejected from the vehicle. Tragically, one of the children Ameriyah Boyd suffered fatal injuries. According to Birmingham police, there were child safety seats in the vehicle; however, it didn't appear the children were secured in them.

This Birmingham car accident, is a sad reminder of the importance of using proper child safety restraints. We have previously discussed this critical child safety issue in a prior blog article entitled "Alabama Car Wreck Claims Unrestrained Child's Life." In that article we discuss a CDC report on child safety seats and Alabama Code section 32-5-222, which sets forth Alabama's law on child safety seats.

The vehicle this family was riding in is known for its propensity to roll over. There have been numerous product liability lawsuits against Ford for this problem. See our recent post "Jury Awards $131M to Family of N.Y. Mets Prospect." In that case, a jury returned a verdict against Ford concerning a Ford Explorer roll over.

***Editor's Note - This is an article written by M&B attorney Doug Martinson, Sr., in 1982 following the 1982 Alabama v. Penn State game. Doug attended that game and had this great story to tell. In addition, Doug has updated the article for this weekend's match up between these two legendary programs.***

During the fall of 1982 the Alabama Crimson Tide coached by Coach Paul Bryant was ranked #4 in the nation and the Penn State Nittany Lions coached by Coach Joe Paterno was ranked #3. The most important game of the season was scheduled for Saturday afternoon, October 9, 1982, at Legion Field in Birmingham. Game Day morning I was standing in the lobby of the Alabama team motel, the Ramada Inn, in the medical center in Birmingham.

DO YOU HAVE A TIE?
Thomas King (Sky King) Jefferson approached me in the lobby before breakfast and nervously asked "DO YOU HAVE A TIE?"

Tom played college football at Howard College (now Samford University) in Birmingham with Coach Bobby Bowden who made his coaching mark at Florida State University. Later Tom was a Marine pilot and was invited to be a member of the Blue Angels US Navy aerobatic precision flying team and transferred from the Marines to the Navy. Tom was a pilot for Coach Bryant and many BAMA dignitaries during the time he attended law school at BAMA. In law school Tom was given the nickname "Sky King" because of his experience in aviation.

When I was a first year law student in 1961 my attorney father was in dire need of an associate attorney to relieve him of his heavy work load. I had met a third year law student, Tom, and recommended him to my father. Tom accepted the job offer, moved to Huntsville in the summer of 1961 and began his law practice. Tom and I have remained friends over the next 49 years.

When I asked Tom why he wanted to know about my tie, Tom explained to me that the football players were eating breakfast, but some players forgot to bring a tie to Birmingham. Coach Bryant would not allow the team members to eat breakfast unless they were dressed appropriately. I got two ties from my room for the players. Then I got ties from other fans who were my friends, so the players could eat breakfast with Coach Bryant. All of my friends had to listen to my explanation as to why I did not wear a tie to the Game Day parties.

QUARTERBACK HUDDLE:
About 30 minutes later I was walking on the balcony of the Ramada about 4 hours before the game and I spotted Coach Bryant with 3 BAMA quarterbacks, standing at attention on the walk way below in a pre-game huddle. Their somber demeanor was as if they were attending a wake. I have never witnessed a more serous discussion. I found out that Coach Bryant's famous quarterback talk I had heard and read about was real and not legend. I did not move for fear Coach Bryant would see me and beam me up thinking I was a Nittany spy.

COACH'S SKY BOX:
During a game I scan the football field, stands, press box and coach's sky box, etc. with binoculars. About 3 1/2 minutes before the first half ended, Penn State had the ball at mid-field. I scanned the BAMA & the Penn State coaches' sky boxes with my binoculars. All of BAMA's coaches were on duty and working methodically. The Penn State coaches' box was manned by 1 coach. I gave my binoculars to Kathryn to confirm my discovery and allow her to witness a huge blunder by Penn State. I surmised that the rest of Penn State's coaches had left the coaches box and were in the elevator on the way to the locker room for their half-time analysis and pep talk.

When the Penn State players arrived in the locker room at the end of the first half the score was Bama 27, Penn State 7. Bama's defensive back, Rocky Colburn, had intercepted a pass by Penn State's quarterback, Todd Blackledge, at the Penn State 18 yard line. Only 4 plays elapsed before BAMA moved the football 72 yards for a touchdown with 2 minutes and 24 seconds left in the first half.

Can you image the look on the faces of the Penn State coaches, trapped in the elevator, hearing the thunder of the BAMA fans celebrating the touchdown and for the point after, not knowing what happened, but expecting the worse because of the home crowd noise with an attendance of 76,821? Can you image how quickly the Penn State half time strategy became out of date with 7 more points on the score board than when the coaches boarded the elevator?

In the second half, Penn State blocking back Mike Suter made a play he will remember the rest of his life when he backed into the path of punter Ralph Giacomarro and the football hit Mike on his back side with BAMA recovering the "blocked punt".

FINAL SCORE:
The final score was BAMA 42, Penn State 21 bringing the record of the series to BAMA 4 and PENN STATE 1.

SEPTEMBER 11, 2010:
On Saturday ESPN will broadcast its GAME DAY program from the north entrance to Bryant-Denny Stadium near the Walk of Champions and Kathryn and I will witness another great sporting event in T-Town thanks to our son, Mac and his family. They will be attending a wedding and they gave us 2 of their tickets.
ROLL TIDE ROLL.

A two car accident on Shug Jordan lane in Auburn (Lee County) has claimed the life of Amanda Polston of Auburn, Alabama. Polston was a front seat passenger in a car traveling east on Shug Jordan lane when the driver of her car veered into oncoming traffic and struck a Toyota Sequoia. Ms. Polston died as a result of her injuries and the driver of her vehicle was also injured along with occupants of the SUV. Auburn police are still investigating the cause of the wreck.

This tragic accident gives rise to one important and distinct area of Alabama car accident law and that is Alabama's Guest Passenger Statute - Ala. Code § 32-1-2. (enacted 1935). This law basically states that if you are a guest in someone's car IE you're not paying for the ride - and your injured or killed as a result of the driver's negligence you cannot file a claim against that person. This law specifically states:

§ 32-1-2. Owner's liability.

"The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle."

Thus, unless you're paying for the ride and/or the driver is receiving some type of monetary benefit from you riding with them or it's their job to drive you somewhere if that person wrecks as a result of some negligent act then you cannot hold them liable for your injuries. The one big exception noted in the law is if the driver was acting in a willful or wanton manner. For example, if it could be established the driver was drunk or high on drugs then a claim could likely be made for a passengers injuries as the driver's conduct would likely be considered willful or wanton.

An automobile crash in the Hazel Green community of Madison County has tragically claimed the life of Margie Ann Thomas of New Market. According to WAFF News of Huntsville. Ms. Thomas and her passenger were traveling on Joe Quick road when the driver of a truck veered into Ms. Thomas' lane causing the head on collision. Alabama State Troopers are investigating the cause of this wreck.

As experienced Huntsville car accident attorneys we often see this type of wreck where one vehicle veers into another's lane of travel. Our experience tell us that this is often caused by a distracted driver IE someone on a cell phone, texting, changing a radio station, etc.. While this wreck happened at 9:30 am there is also the possibility that the other driver could have been intoxicated on drugs or alcohol. These are all areas of inquiry when assessing such a car accident.

In addition to the aforementioned areas of inquiry, an experienced wrongful death attorney would not only look into claims against the at fault driver but also claims for uninsured/underinsured motorist benefits (UM/UIM). UM/UIM coverage is required by Alabama law on every car insurance policy sold in the state unless the driver signs a written waiver. This coverage applies when the at fault drive is either uninsured or does not have enough insurance to cover the claim. For more information on Alabama's uninsured motorist laws see the Avvo legal guide: A Guide to Uninsured/Underinsured Motorist Law in Alabama.