Alabama Car Accident Lawyer Blog

As a follow-up to an earlier post regarding a decision to allow heavier trucks to drive on Alabama interstates, a House panel voted to put the brakes on the measure to allow 97,000-pound trucks on U.S. interstate highways. The decision also limits the expansion of the use of double- and triple- trailers in states that currently allow them.

According to an article on CNN.com, the House Transportation and Infrastructure Committee recently voted to delay any expansion in use of trucks weighing more than 80,000 pounds for three years. This delay will give the U.S. Transportation Department needed time to study the potential effect on highway safety.

"Before we put the public safety at risk, we should do the study and make an informed decision," said Representative Jerry Costello, an Illinois Democrat who offered the amendment in a recent transportation bill.

Twenty-nine states already allow limited numbers of trucks weighing more than 80,000 pounds on their interstate highways, usually by special permit. This would freeze the process and prohibit other states from doing the same.

The trucking association is disappointed with the vote, because "there have already been dozens and dozens of studies" showing increasing truck productivity reduces the number of miles driven by trucks said a spokesman for a trucking industry group. That "not only reduces accident risk, congestion and emissions, but also will ultimately save money in reduced highway maintenance costs."

Anti-trucking groups, largely funded by the railroad industry, say that bigger and heavier trucks would need the length of two football fields to stop. This increase in weight would thus result in more and deadlier accidents across the country as these hulking vehicles spread across the interstate system. Safety experts point out that people in passenger vehicles are especially vulnerable in collisions with large trucks because of the great difference in weight between cars and large tucks. In two-vehicle crashes involving passenger vehicles and large trucks, 98 percent of the fatalities were occupants of the passenger vehicle (See article The Dangers of Large Trucks posted by the Advocates for Highway and Auto Safety).

The double and triple trailers mentioned in the bill represent another problem called "cracking the whip." This occurs when, after breaking fast or being involved in an accident, the third trailer of the truck veers into other traffic lanes, where it may sweep other vehicles off the road.

As Huntsville truck wreck attorneys we routinely see the devastating aftermath of collisions caused by heavy trucks. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Alabama truck accident lawyers today.

Source: "Big rigs won't be getting any bigger -- for a while," published at CNN.com.

See Our Related Blog Posts:
Heavier Trucks Head Towards Alabama
Alabama Car Accident Traffic Deaths Increase as Nationwide Totals Fall

The Athens, Alabama City Council on Monday night voted to seek an attorney general's opinion on whether accident reports are public record, The Athens News Courier reported.

The issue arose because people other than those involved in an accident have requested copies of wreck reports filed by Athens police, according to City Attorney Shane Black.

The request for an opinion from the Alabama Attorney General also asks that if wreck reports are declared public records, can the city redact information such as address numbers and telephone numbers of the motorists involved before releasing the report.

The reason this has become important is because of the amount of sensitive information contained in many reports. Full names, birth dates, addresses, driver's license numbers, telephone numbers, work places, vehicle make and model and, possibly, who caused the wreck and whether that person committed any traffic violations in the course of the wreck can all be found in a typical report. Should ordinary taxpayers be able to view any or all such information if they had no involvement in the incident?

Other states, including California, release accident reports only to those who have "proper interest." This has been found to include the drivers, owners of damaged property, guardian or conservator of the drivers, anyone who may be held liable in a civil case, parents of minor drivers, attorneys representing involved clients, an injured person, insurance companies, vehicle owners or another person proving proper interest.

Previous opinions by Alabama attorneys general have said information contained on the front of the incident reports should be available to the public but not the more detailed information found on the back of the reports.

It was at the request of Athens Mayor Ronnie Marks that the City Council approved a resolution requesting an opinion from the AG's office. It usually takes at least two weeks for the attorney general's office to respond to a request for an opinion, but this may take longer as the AG is currently busy advising legislators regarding immigration issues currently before the body.

If you've ever had the misfortune of having to file an accident report and are in need of the assistance of an experienced Athens car accident attorney, please contact one of Martinson & Beason's skilled Alabama auto accident lawyers today.

Source: "Athens mayor: Should wreck reports be available to everyone?," by Jean Cole, published at eNewsCourier.com.

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Alabama drivers beware, uninsured motorists are everywhere
Huntsville Area Teen Dies in Bike Crash with SUV

An article in USA Today discussed the incredibly cost associated with increased numbers of uninsured motorists on the nation's roadways. The news is especially bad in Alabama, which was found to have the sixth highest number of uninsured drivers in the country.

According to the statistics, if you're in a car accident in Alabama, there's a good chance the other driver has no insurance. The highest rates of uninsured motorists, rating from 20 to 30 percent of all motorists, are all in the South. The states with the highest uninsured driver estimates were Mississippi (28%), New Mexico (26%), Tennessee (24%), Oklahoma (24%), and Florida (24%) and Alabama (22%). At the opposite end of the spectrum are the five states with the lowest uninsured driver estimates were Massachusetts (4%), Maine (4%), New York (5%), Pennsylvania (75) and Vermont (7%).

What do these numbers mean for you and your family? It means that if you are in an accident, there is a higher possibility that it will be with a driver who is uninsured. This would mean no coverage for the injuries you sustained except for the insurance that you purchased at your expense.

All 50 states have some mandatory insurance law. In Alabama, drivers are required to have at least bodily injury liability and property damage liability. If you're stopped by a police officer in Alabama and you do not have proof of insurance on your vehicle and you've been involved in an accident then you can receive a ticket at the scene.

There is one good thing you can do to protect yourself from uninsured or even under-insured drivers, and it's fairly cheap and easy. Go out and get yourself some uninsured motorist coverage. Uninsured motorist coverage is coverage that you buy as part of your own policy, in addition to your liability and comprehensive coverage that protects you in case an uninsured driver runs into you. Twenty states and the District of Columbia require uninsured motorist coverage, but Alabama does not.

It's important to point out that uninsured motorist coverage will not pay for repairs to your vehicle if you're involved in an accident. It will, however, cover some things like medical expenses or lost wages due to the accident. It also covers pain and suffering and even punitive damages.

It is important that you review what your UM and UIM coverage is. Keep in mind that if you have more than one car on your policy that you can stack your no fault polices to provide increased coverage. It is too late after an accident to find out that you didn't protect yourself. Most coverage increases aren't that much compared to the extra protection they provide.

Alabama's uninsured motorist laws can make pursuing financial compensation from an uninsured or underinsured driver tricky. An experienced Alabama car accident attorney can help you in navigating the state's uninsured motorist laws so you can gain the maximum amount of compensation you're entitled to. If someone you know has been the victim of such an accident and you need assistance, contact one of Martinson & Beason's skilled Birmingham auto accident lawyers today.

Source: "One in seven drivers have no insurance," by Larry Copeland, published at USAToday.com.

See Our Related Posts:
Alabama Drivers Should Increase Their Uninsured Motorist Coverage
Huntsville Alabama Car Accident Leads to $80,000 Judgment for Martinson and Beason Plaintiff
A Guide to Uninsured/Underinsured Motorist Law In Alabama

According to a report in the Huntsville Times, Huntsville police just released the name of a Columbia High School student who tragically died after the bike he was riding collided with an SUV last week after leaving school. Hunter J. Cantrell, only 15-years-old, was riding on Farrow Road near the high school when his bike was hit by the SUV around 3 p.m. Investigators say that the teen was hit while riding near the school's entrance in Research Park.

Cantrell was critically injured and taken to Huntsville Hospital where he was pronounced dead upon arrival. Police have begun an investigation into this tragic accident. Our thoughts and prayers go out to the family and friends of the Cantrell family.

In a statement, Huntsville City School's Superintendent Dr. Casey Wardynski said, "We were saddened by the death of a student at Columbia High School. I expressed our sympathy, thoughts, and prayer to the family, and would ask everyone to keep his family in their thoughts and prayers."

The tragic episode is reminiscent of another horrifying episode not even a year ago when an Alabama bicycle accident in Baldwin County claimed the life of a 14-year-old boy. In that accident, the Mobile Press-Register describes how the young man was riding home from a summer-school program when he was hit by a Waste Management garbage truck.

The rear tires of the garbage truck rolled over the boy's body resulting in massive head trauma, a shattered pelvis, a lacerated liver and a ruptured spleen. Though the south Alabama accident victim fought hard, he succumbed to his injuries several days after the bicycle accident.

As Huntsville Alabama injury attorneys we routinely see the horrifying aftermath of accidents involving children If someone you know has been the victim of such an accident and you need help navigating confusing legal waters, contact our skilled Huntsville auto accident lawyers today.

For a related article please see "Bicycle Accidents Rise with Popularity of Cycling"

A two vehicle accident at the intersection of Hughes Road and Madison Boulevard in Madison, AL has sadly claimed the life of one driver. According to a report by Huntsville TV station WHNT 19, a driver of a Lincoln Town Car collided with the driver's side of a Chevrolet Cavalier as the Chevy was making a turn at this intersection. Police are still investigating this wreck to determine the cause of the accident and who was at fault; however, police did tell WHNT that alcohol may have been involved. Sadly, this auto accident has claimed the life of Nataliya Elliott (41) of Lacey's Spring. Our thoughts and prayers go out to Ms. Elliott's family and friends.

If the driver of the Lincoln Town Car is determined to be at fault for this wreck, then a wrongful death lawsuit can be brought on behalf of Ms. Elliott's estate. Under Alabama law, to bring a wrongful death claim an estate has to be set up as the proper party to bring the claim is the administrator of the estate. See our website link, for more information on Alabama's wrongful death law. Under this law, claims can be made against the other driver and possibly under any uninsured and/or underinsured motorist coverage (UM or UIM) that may have covered Ms. Elliott.

As Huntsville drunk driving accident attorneys we too often see the deadly results that occur when people choose to drink and drive. Just this week, we resolved a claim for a client who was involved in an auto accident with an intoxicated driver in Madison, Alabama. If the driver of the Lincoln Town Car is deemed to be at fault and he was intoxicated there could be a possible claim against a bar, restaurant or store that may have served and/or sold him alcohol. This type of action is known as a dram shop claim.

If you have been involved in a motor vehicle accident with a drunk driver it is very important that you speak with an experienced Alabama car wreck lawyer. Our firm has been representing injury victims for 75 years and handles car wreck claims all across the State of Alabama.