Alabama Car Accident Lawyer Blog

According to CBS42.com out of Birmingham, while nationwide the number of fatalities on the roadways are at a sixty year low, the number of driving deaths in Alabama saw an increase after years of decline. Further,according to the Alabama Department of Economic and Community Affairs, the total number of traffic accidents increased long with the number of fatalities, also after years of steady decline.

Clay Ingram with AAA of Alabama said that this year, "We saw little bit of an increase in Alabama, an extra 14 fatalities compared to the year before." Ingram attributes the rise to an increase in distracted driving such as texting and emailing on smartphones.

Ingram says that, "Distraction come in a lot of different forms, it can be anything from billboards, to other cars on the road, changing the radio station, eating and drinking and then or course texting."

According to the Governor's Highway Safety Association, Alabama has no law concerning texting and adult drivers. Ingram believes that the legislature should pay such a law containing stiff penalties. Having such a ban in place would allow Alabama to see the same reduction in fatalities that other states have seen.

Accidents will always happen, but Ingram says there are ways we can reduce them from happening. "Be alert, pay attention, and reduce any type of potential distractions, and be safer drivers."

As Birmingham car wreck attorneys we routinely see the devastating aftermath of accidents caused by distracted driving. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Alabama car accident lawyers today.

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.

A head on collision in the city of Graysville, AL (Jefferson County) has sadly claimed the life of one driver and seriously injured two others. According to a Birmingham Fox 6 News report, the two car accident happened on Cherry Avenue near Hillcrest Road. The wreck was caused by one vehicle coming over the center line and striking the other. Police have not stated which vehicle was at fault. The driver of a Dodge pickup truck was sadly killed in the wreck and a 5 year old passenger in the vehicle was injured and taken to Children's Hospital in Birmingham. The driver of the other vehicle, a Chevy pickup, was also injured and taken to UAB Hospital in critical condition.

In this type of motor vehicle accident, it is essential that a thorough investigation be conducted to determine the exact cause of the accident. This investigation should be conducted as soon as possible after the wreck occurs as the condition of the roadway, such as any skid marks, gouge marks, and debris can soon change and be forever lost. Many times, the services of an accident reconstruction expert are needed to reconstruct exactly how the accident occurred to establish that the other party (defendant) is at-fault.

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.

A car wreck on Alabama Highway 150 in Bessemer has sadly claimed the life of Thomas Lopez Velasquez of Birmingham. Mr. Velasquez was working for a trash collection company picking up items on the shoulder of the roadway when a motorist veered off the road striking him. It is unclear what caused the motorist to veer off the roadway; however, distracted driving is one of the leading causes of accidents in the United States.

As Birmingham car accident attorneys we too often see the dangers distracted driving can cause. The US Government website for distracted driving www.distraction.gov states there are 3 main types of distraction for drivers:

• Manual - taking your eyes off the road
• Visual - taking your hands off the road
• Cognitive - taking your mind off what you're doing

Paying attention to these three items will save lives. A tragic accident such as this can be caused by a driver simply losing focus for only one or two seconds.

A hit and run car wreck on I-59 in downtown Birmingham near the Birmingham-Jefferson Civic Center has claimed the life of Anita Pickett of Tarrant, Alabama. According to the Birmingham News report, Ms. Pickett's vehicle was struck by another vehicle causing Ms. Pickett's vehicle to fall off the overpass onto the highway below. A witness reported seeing a black female driver fleeing the scene in a black Chevrolet Trailblazer.

Unfortunately hit and run car accidents happen far too often. Last year, our firm represented the victim of a hit and run car accident in Huntsville. In a situation where the accident was caused by a hit and run driver, Alabama's uninsured & underinsured motorist law allows for claim to be made under the victims UM/UIM policy. The hit and run driver is often called a phantom vehicle. It's extremely important when hiring an Alabama car accident lawyer to hire someone who has experience handling underinsured motorist claims. One unique aspect of Alabama UM law is that it allows for the stacking (adding together) of polices. For more information see "A Guide to Uninsured/Underinsured Motorist Law in Alabama."

An automobile accident in the Birmingham suburb of Helena, Alabama has sadly claimed the life of a 2 year old. The child was struck by a car backing out of a neighbor's driveway. This tragic event is a reminder that we have a responsibility as drivers to be on the constant lookout for children when we are in areas such as a neighborhood, school zone or playground. Children don't appreciate the danger of a moving car and we as drivers have a duty and responsibility to anticipate that when we are in areas children are known to be in. A car accident such as this is rare, according to the Alabama Department of Public Safety, in 2008 there were 72 pedestrian crashes in Alabama that resulted in a fatality. In 2008, there were no pedestrian fatalities in Alabama involving children age 1 to 14.

A Birmingham, Alabama teenager who suffered from mental disabilities was tragically killed in Gadsden when she stepped into the roadway and was struck by a truck. According to the Gadsden Times, the car accident happened on Monday at 6:28 am on U.S. Highway 411. Reports indicate the Birmingham teenager was in the custody of the Jefferson County Department of Human Resources and was living in a group home in Gadsden (Etowah County) at the time of the accident. Evidently, the teenager had wandered away from the group home just before the accident happened. Hopefully, there will be an investigation into this matter to determine how the teenager wandered away from the group home so that this type of tragedy does not occur again.

An early morning Birmingham, Alabama truck accident has tragically killed a passenger who was in the sleeper berth of the truck at the time of the wreck. According to reports, the 18-wheeler overturned as it was traveling on the ramp to U.S. Hwy 280 from the Red Mountain Express. The initial investigation indicates the tractor-trailer may have been traveling too fast to make the curve. The victim was identified as Maja Tomevska of Illinois. Our condolences go out to her family and friends. In Alabama, under these circumstances where a passenger is injured or killed in a car or truck accident, the injured person or their family can not typically bring a claim against the driver of the vehicle they are riding in. Alabama has what is know as a Guest Passenger Statue, which generally prohibits a passenger or their estate from bringing a personal injury or wrongful death claim against a driver of a vehicle in which they are riding. Some noted exceptions that would allow such a claim to brought are: if you can establish wantonness on the part of the driver; establish the driver is under the influence of alcohol or drugs; or the passenger compensated the driver for the ride. Essentially, under these types of facts, the plaintiff must establish that the driver was either not giving the plaintiff a gratuitous ride or that the driver's conduct was reckless and/or wanton.

A one car Birmingham, Alabama car wreck has sadly claimed the life of a Birmingham, Alabama woman. According to the Birmingham News, 51 year old LaJuanda Coleman was driving along Avenue W when her car struck a utility pole causing the car to overturn. At this time, it's not clear what caused Mrs. Coleman's car to strike the utility pole. In 2007, there were 15,404 Alabama automobile crashes where a car struck a fixed object such as a utility pole. Further, in 2007 290 were killed in Alabama car and truck accidents where their vehicle struck a fixed object. Recent studies have shown that many of these wrecks are the result of distracted drivers. Many of these fixed object accidents can be avoided if drivers will simply avoid using their cell phones while driving and stop texting while driving. For more information on distracted drivers see the USA Today article States Target Distracted Drivers.

A Birmingham Alabama car wreck has sadly claimed the life of an 18 year-old Huffman High School Senior. According to the Birmingham News, the young man received fatal injuries when he wrecked his SUV around 1:30 am on Sunday in north Birmingham. Our thoughts and prayers go out to this young man's family and friends. In 2007, 119 teenager's ages 15 to 19 year old died in Alabama car accidents. There were approximately 30,094 car accidents in Alabama in 2007 that involved a driver in the 15 to 19 year old age bracket. As Birmingham Alabama car accident attorneys we often see the tragic result that a car wreck such as this can cause a family and community. For information on safe driving tips for teenagers and new drivers, please visit http://www.teendriving.com/

A deadly January 2009 Birmingham car accident caused by three fleeing burglary suspects has lead to the 19 year old driver being charged as an adult. According to the Birmingham News, a Jefferson County, Alabama court has ruled that Brandon Pauldin, (19) will be charged as an adult. Pauldin along with two others have been charged with intentional murder and various burglary charges. The trio was spotted burglarizing a home and when they attempted to flee their car was involved in a serious car wreck with Keith Shoemaker who was tragically killed in the accident.

In addition to criminal charges, Pauldin and the others would also be civilly liable under Alabama's wrongful death statute. Under the wrongful death statute, punitive damages would be awarded to punish Pauldin and the others for their conduct and to send a message to deter others from similar conduct. Unlike most states wrongful death statutes, Alabama's wrongful death statute does not provide for a compensatory damages award.