Alabama Car Accident Lawyer Blog

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.

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 tragic car accident in Brewton, AL (Escambia County) results in two deaths. According to a news report on the crash, it started when police responded to a domestic violence call involving Martin Reid. Reid attempted to elude the Brewton Police and led them on a chase on US hwy 31 N at speeds of up to 120 mph. As Reid was attempting to pass a vehicle he struck an SUV driven by Donald (Donnie) Rotch. Both Rotch and Reid died as a result of the horrific impact. Rotch was the principal of T.R. Miller High School and a beloved member of the community.

This awful crash brings up a very tough issue of when police should continue or discontinue a high speed pursuit. Under Alabama personal injury law, there are several areas that should be inquired into under these types of facts. A potential recovery to help compensate the victims family could be had from Mr. Reid's insurance carrier and his estate, Mr. Rotch's uninsured/underinsured motorist coverage, and potentially against the Brewton Police if it is determined they violated the proper procedure in continuing this pursuit. Currently, the Alabama State Troopers are investigating the wreck. For more information on police pursuits see the article: High-speed police pursuits: dangers, dynamics, and risk reduction.

A car wreck on Alabama Hwy 22 in Alex City (Tallapoosa County) sent four people to the hospital. The crash is still under investigation. The collision between a Dodge Neon and Chevrolet Blazer caused the Blazer to flip over on to its top. The three males in the SUV were treated for minor injuries as well as the driver of the Neon. This type of accident reminds us how important it is that car manufacturers properly design and build the roof's of their vehicles. Every year people are seriously injured and killed as a result of the roof of the vehicle being crushed when the vehicle overturns. NHTSA estimates that roof crush resulting from automobile rollover crashes results in thousands of injuries each year, including well over 500 deaths on an annual basis. For more information on the roof crush standards see the article: U.S. GOVERNMENT CHANGES AUTOMOBILE ROOF - CRUSH STANDARDS.

Huntsville, AL car accident attorney Morris Lilienthal represented our client who was severely injured in a car wreck with a drunk driver. The crash occurred at 2:00 am in April of 2010 when the intoxicated driver came over the center line striking our client's car head-on. As a result of this wreck our client suffered numerous fractures to both his lower legs requiring him to undergo surgery to correct these injuries. We are pleased that we were able to reach a pre-litigation policy limits settlement with both the drunk drivers insurance company and our client's insurance company (uninsured - underinsured motorist carrier). This case is a prime example of why it's important to carry a sufficient amount of uninsured-underinsured motorist coverage. As is often the case, the at fault party does not have sufficient insurance coverage to fully compensate the plaintiff for his/her injuries.

This case is also an example of the dangers of drinking and driving. As evidenced by the photograph of our client's vehicle, he is lucky to be alive. Please don't drink and drive as you are not only putting your life at risk but the lives of other innocent drivers.

A two car accident has claimed the life of a Selma, AL resident. The crash happened on Alabama Highway 22 in Dallas County. David Johnson, 57, of Selma was tragically killed as a result of the impact. Johnson was driving a a 1995 Chevy Geo Prizm. The Prizim is a small 4 door sedan. The driver of the other vehicle - Jonathan Peake, 32, of Selma and his passenger were also injured in the crash. Both were transported to Vaughn Regional Medical Center. Alabama State Troopers are still investigating the cause of the accident.

The Alabama Car Accident lawyers at M&B currently represent a Selma resident who was the victim of another serious car accident in Selma. Selma Car Accident Attorney Morris Lilienthal was born in Selma, AL. Attorney Lilienthal's family owned a men's clothing store in Selma for over 100 years. We take pride in helping car accident and personal injury victims in the Selma area.

A three car wreck in Huntsville has claimed the life of one man and injured two others. The crash happened on Highway 53 just south of Research Parkway. Three vehicles were involved in the motor vehicle accident. The driver of one vehicle, Larry Weber, 61 sadly lost his life in this wreck. His wife Nelta Weber was listed in serious condition and taken to Huntsville Hospital. A young child in another vehicle was also injured. Police are still investigating this accident to determine exactly what happened.

As we approach the Fourth of July Holiday we encourage everyone to please slow down and be aware of your surroundings as you take to the roads this holiday weekend. Historically, the Fourth of July holiday period is one of the deadliest on Alabama's highways. In 2008, 16 people were killed in Alabama car accidents during the Fourth of July holiday period. As Huntsville car accident lawyers we know that many of these wrecks can be avoided if people will simply slow down and be more aware of their surroundings.

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."

A car wreck on Interstate 22 in Walker County, Alabama just outside the city of Jasper has sadly claimed the life of one child and injured two others. The automobile accident happened about 4:30 pm yesterday. Initial reports from the Alabama State Troopers do not indicate the cause of the crash.

Interstate 22 is Alabama's newest Interstate Highway, which follows the US Highway 78 corridor from Memphis, Tennessee to Birmingham, Alabama. This 213 mile Interstate runs through the cities of Holly Springs, Mississippi; New Albany, Mississippi; Tupelo, Mississippi; Hamilton, Alabama; Winfield, Alabama; and Jasper, Alabama.

Summer in Alabama means more bicycles and motorcycles on Alabama roads. In 2008, 182 people were injured in Alabama bicycle accidents. From 1999 to 2008, 72 people were killed in Alabama bicycle crashes. The easiest bicycle safety rule is to always wear a helmet; however, wearing a helmet will not prevent a cyclists or child from being hit by a car. www.Bicyclesafe.com is a great website that provides "Ten Ways Not to Get Hit" by a car. This list of bike safety tips explores the most common way bikes riders are involved in car v. bike accidents. The site also offers general bike safety ideas such as:

Always light up;
Avoiding busy streets;
Signal your turns;
Taking the whole lane when appropriate;
Re-think music players and mobile phones; and
Ride as if you were invisible.

For information on teaching children bike safety visit

http://www.ibike.org/education/safety-kids.htm
Nhtsa and bike safety

A two car collision near Lexington, Alabama (Lauderdale Co.) has sadly claimed the life of Thomas P. Scott, 32, St. Joseph, Tennessee. The car accident occurred on Alabama Hwy 64 around 5:30 am last Friday morning. The driver of the other vehicle, Cory Scott Goode, 30, of Anderson was also seriously injured in the wreck and taken to Eliza Coffee Memorial Hospital in Florence. A report indicates there was a severe impact between the two vehicles. The cause of the car accident is still under investigation. Our thoughts and prayers go out to both families.

This car wreck brings up an interesting legal dynamic that of when one party involved in a car accident is from Alabama and the other is from another state. Since the car accident happened in Alabama the cause of action for either party can be brought in Alabama state court; however, if the amount in controversy is over $75,000.00 then the other party could remove the matter to Federal Court based upon diversity of citizenship. Federal Courts are courts of limited jurisdiction and only hear certain types of cases under certain circumstances. Essentially if there are only 2 parties to a lawsuit and they are from different states and the amount in controversy (amount at issue) is over $75,000.00 then Federal Court can have jurisdiction to hear the matter. The issue gets more complicated as more parties are added. We will discuss this matter further in an upcoming Alabama Injury Attorney Blog post.

It appears there is a correlation between an increase in the number of Alabama State Troopers on our highways and a reduction in car and truck accidents. During this past Memorial Day Holiday, Alabama State Troopers again cranked up their Take Back the Highways Campaign. According to the Alabama Department of Public Safety, 16 people were killed on Alabama's Highways from May 22-31, which is down 11 deaths from last year when 27 people lost their lives in Alabama automobile accidents.

Alabama Troopers gave more than 24,700 traffic citations during this campaign, which includes more than 8,200 speeding tickets and almost 7,000 for seat belt and child restraint violations. With over 4.6 million people now living in Alabama that means there are now more drivers on Alabama's Highways than ever before. While no one likes getting a speeding ticket, if having more State Troopers on Alabama's Highways will make them safer then more state troopers need to be added.

Continue reading "More Troopers Equals Fewer Car Accidents and Deaths on Alabama's Highways" »

Car Accidents are the number one killer of children under age 12. Statistics show that about 80% of car seats are installed incorrectly. To reduce the number of children injured in automobile wrecks there are four simple steps that should be followed:

1. Restrain your child on every trip, every time.
2. Keep your child in the back seat.
3. Use the best safety restraint for your child's size.
4. Use the child safety seats and belts correctly.

Children should be placed in a rear-facing car seat until the child is at least one year old and weighs 20 lbs. Cars manufactured after September 2002 have the LATCH system for car seat installation. This newer system is designed to make the installation process easier. Parents should always consult the installation manual for their vehicle and the car seat when installing the seat for the first time.

As evidence by prior a blog post on our Alabama Injury Attorney Blog (Alabama Car Wreck Claims Unrestrained Child's Life) too many children in Alabama are injured each year because of improper car seat installation. In 2008, according to the Alabama Department of Public Safety, 138 children were injured in Alabama car accidents where the child was not using a child restraint system. Many hospitals, fire department and police departments offer free installation by a certified installer. For example, Huntsville Hospital offers such installation.

For more information on car seat installation please visit, Keeping Kids Safe During Crashes, which has numerous helpful videos on car seat safety and installation.

A multi-car accident on Interstate 65 near Greenville, Alabama (Butler County) has sadly killed four people and seriously injured 5 others. The wreck happened Memorial Day. According to WFSA News out of Montgomery, AL the accident happened around 7:00 pm when a Mazda 3 headed northbound crossed the median and crashed into a Chevrolet truck, which was then struck from behind by an SUV. The victims have been identified as 53-year-old Jennifer Richardson of College Park, Ga.; 15-year-old Kelvin Pickering of Naples, Fla.; 69-year-old Ira Juan Cito Fleming of St. John, Virgin Islands, and Lorraine Ione Fleming of Snellville, Ga. Our thoughts and prayers go out to all the victims and those injured in the horrific wreck. Alabama State Troopers are still investigating this matter to determine exactly what happened.

The increased traffic during the Memorial Day holiday generally results in an increase in the number of car accidents. During the 2008 Memorial Day holiday weekend 6 people lost their lives in Alabama car accidents. This was down from 2007 when 9 people were killed in Alabama automobile accidents.

A tragic crash between a motorcycle and car in Tuscaloosa has claimed the lives of the drivers of both vehicles. The Tuscaloosa car accident occurred on May 24th about 6 pm on Watermelon Road. According to the Tuscaloosa news report, the driver of the motorcycle, Timothy Hargrove of Coker, was traveling westbound when his vehicle veered over into eastbound traffic and struck the car of Karin Fischer. Sadly, both Mr. Hargrove and Ms. Fischer died as a result of their injuries. A child in Ms. Fischer's car did receive minor injuries, but hopefully will make a full recovery.

Unfortunately, as Alabama car accident attorneys we see this type of tragic wreck far too often. In 2008, there were 2,106 crashes in Alabama involving a motorcycle. In this situation, if the wreck happened as set forth above, the family of Ms. Fischer would have a claim under Alabama's wrongful death statute. The first step would be for an estate to be set up as the proper party to bring a wrongful death claim in Alabama is the administrator of the estate. Alabama has a very unique wrongful death statute in that in only allows for punitive damages. You cannot make a claim for compensatory damages under Alabama's wrongful death law. Another area of inquiry in addition to a recovery against the at fault driver in this type of situation would be a recovery under Ms. Fischer's uninsured and/or underinsured motorist insurance. Click here for more information on Alabama's wrongful death law and Alabama's uninsured motorist law.