February 2011 Archives

Birmingham Area Car Accident Claims Toddler's Life

February 19, 2011

A tragic car accident in Pinson has claimed the life of two year old Ka'Mariah Simmons. According to a report by Stephanie Salvatore of CBS 42 in Birmingham, the toddler was riding in the back seat of her parents car about 1:30 am when their car crashed into the back of an eighteen wheeler. Sadly, the toddler was not restrained at all, which is against Alabama law and common sense.

Unfortunately, as Huntsville car accident lawyers we see far too many injuries and deaths that could have been avoided if the person or child had been properly restrained. In a previous post on our Alabama Injury Attorney Blog, we discussed a similar car wreck where a toddler lost their life because they were not restrained. See the article: Alabama Car Wreck Claims Unrestrained Child's Life. In that article we discuss Alabama law 32-5-222, which is Alabama's child restraint law.

For more information on proper child seat installation contact:

Huntsville: Huntsville Hospital - Car seat fittings are done by appointment. Call (256) 265-7296 or (256) 265-7440 to schedule an appointment.

Birmingham: Sit Tight at 542-5304 or Children's Hospital at 1-800-504-9768.

M&B files Trucking Accident Lawsuit

February 14, 2011

Truck accident attorney Morris Lilienthal has filed a personal injury lawsuit in Blount County, Alabama Circuit Court arising out of an August 2010 truck wreck that occurred on Interstate 65. It is alleged that the driver of the 18 wheeler was texting while he was driving and as a result did not see that traffic was stopped due to construction. As a result, the driver of the tractor trailer, struck ten (10) other vehicles before coming to a rest. Our client was driving one of the vehicles that was struck in this massive wreck. Our client suffered multiple injuries including a herniated disc in his neck, which required surgical intervention.

The complaint sets forth claims for negligence, wantonness and punitive damages against the driver and the trucking company. The complaint also sets forth claims for negligent hiring, training and supervision, as well as negligent entrustment. The truck accident lawsuit seeks an unspecified amount of damages. We are hopeful that we will be able to return a judgment in this case that will send a message that this type of irresponsible conduct will not be tolerated on Alabama's highways.

Tragic Car Wreck on I-85 in Opelika Claims 3 Lives and Injures Others

February 3, 2011

A multi-car accident on Interstate 85 in Opelika (Lee County) has claimed 3 lives and seriously injured several others. According to a report by Stefanie Tiso, Irene Katherine Miller of Whaleyville, Maryland was pulling a U-haul trailer when she lost control of her vehicle and trailer causing her to cross the median and strike two vehicles that were headed southbound. Sadly, Steve Williams and Melinda Williams of West Point, Georgia were killed in the crash. Ms. Miller was also killed in the wreck. According to the Lee County coroner's office, a 6 year old girl was flown to Columbus Regional hospital in Georgia. Further, a 25 year old male and 10 year old girl were taken to East Alabama Medical Center for treatment.

This tragic Opelika car accident poses several points of inquiry from a legal perspective. First, the family of Mr. and Mrs. Williams would have wrongful death claims under Alabama law against Ms. Miller's estate. Further, the Williams family would also have potential claims for uninsured motorist benefits under their own auto insurance policy. The other victims in the accident would have personal injury claims under Alabama law against the estate of Ms. Miller. Further they would also have potential uninsured motorist claims. One additional area of inquiry should be what caused Ms. Miller to lose control of her vehicle. If it is determined that there was a defect with the U haul trailer then all the victims could have a products liability claim against U haul and/or the entity that rented the trailer to Ms. Miller, Further, if there is a problem with the U haul that caused this wreck then the estate of Ms. Miller would also have claims against U haul. Thus, an experienced Alabama car accident lawyer should be hired to investigate all aspects of this wreck. Critical to this investigation is the preservation of the U haul trailer so it can be inspected. It is vitally important to remember that when an accident occurs an investigation in the matter needs to be quickly launched before evidence is destroyed and memories fade.