April 2011 Archives

Cullman Man Charged With Murder in Fatal DUI Car Accident

April 20, 2011

A Cullman man has been charged with murder and various other charges stemming from a December 17, 2010, car wreck on Highway 31. According to an article by Trent Moore of the Cullman Times, Kenneth Burns struck a vehicle that was occupied by a couple and their young daughter. Sadly, the child died from her injuries while her parents were severely injured in the wreck. Burns was found to have been driving under the influence (DUI) at the time of the wreck. The family has filed a personal injury and wrongful death lawsuit against Burns.

As Alabama Car wreck attorneys we sadly see this situation far too often. In 2009, there were 6,671 crashes in Alabama where the driver was under the influence of alcohol and/or drugs. In 2009, 290 people lost their lives in Alabama in alcohol and drug related crashes. I currently have two car accident cases where the at fault driver was arrested for driving under the influence (DUI) at the time of the wreck. This problem of drinking and driving can be prevented. If you are going to drink, please have a designated driver or take cab. When you drink and drive you not only put your life at risk, but you put the lives of everyone else on the highway at risk.

For more information on DUI accidents, please see our new Alabama DUI Car Accidents page.

By: Morris Lilienthal, Huntsville Car Accident Lawyer

Settlement Reached in Randolph Co Alabama Car Accident

April 14, 2011

Randolph Co Alabama Car Accident.JPG
Huntsville car accident lawyer Morris Lilienthal has reached two settlements arising out of a June 2010 car wreck in Randolph County, Alabama (Wedowee is the county seat). The automobile accident occurred when a sixteen year old driver ran a stop sign and t-boned our clients' vehicle. M&B represented the driver of the car and the back seat passenger. Upon conclusion of the driver's treatment we were able to reach a policy limits settlement with the tortfeasor (at-fault party) and collect underinsured motorist benefits for our client. Like many people in today's hard economic times, our client did not have any health insurance. As a part of our representation we were able to assist by asking the medical providers to withhold collection of these bills until the case was resolved, which they all agreed to do.

We were also able to reach a favorable result in the passenger's personal injury claims. Since the passenger was a minor we had to have a what is known as a Pro Ami hearing with the Court to approve the minor's settlement. This is a hearing in which the Court appoints a guardian ad litem (GAL) for the minor to review the settlement and make sure it is in the minor's best interest. Once the GAL has reviewed the case and settlement terms he or she either recommends or does not recommend to the Court that this is in the best interest of the minor. Then, the Court takes all of the evidence into consideration and either approves or does not approve the settlement. In this case, the Court approved the settlement for our minor client. We are pleased that we were able to reach a just and fair resolution of our clients' claims in this matter.

By: Morris Lilienthal, Alabama Car Accident Attorney

Automobile Accident Death Toll Falls to Lowest Level Since 1949

April 6, 2011

The NHTSA (National Highway Traffic Safety Administration) has released early estimates for motor vehicle accident deaths in 2010. These estimates show that 32,788 people died in car and truck wrecks on U.S. highways in 2010. If this estimate holds true, this means the number of fatalities dropped 3% from 2009. The number of automobile related deaths have steadily declined since 2005 dropping 25% from 2005 to 2010. This reduction is likely due to an increase in the use of seat belts and car seats, safer automobiles and increased traffic law enforcement. For more information on this NHTSA study, see the Traffic Safety Facts Sheet.

Most drivers can decrease the likelihood of being involved in a car accident on Alabama's highways by following a few best practices driving tips, which include: not being a distracted driver, being aware of your surroundings, paying attention to the weather and roadway conditions, making sure your vehicle is in proper working order, and making sure you and your children are properly buckled up. See our website for more tips on Avoiding Car Accidents.

By: Morris Lilienthal, Huntsville Car Accident Attorney.