Alabama Car Accident Lawyer Blog

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.

Distraction is deadly. Recent data from the National Highway Traffic Safety Administration (NHTSA) shows that crashes attributed to distracted driving killed 3,092 people last year.

On Tuesday, after completing its investigation of a 2010 highway accident in Gray Summit, Mo., where a pickup driver who had been texting ran into a truck and set off a series of collisions that killed two and injured 38, the National Transportation Safety Board (NTSB) issued its strongest warning yet on distracted driving.

The NTSB made the decision to aggressively call for all 50 states to ban the non-emergency use of portable electronic devices for all drivers. No exceptions. The recommendation by the NTSB went on to say that there should be a major media campaign informing drivers of the decision and a high-visibility enforcement of the bans by police officers to ensure strict compliance.

There are four types of driver distraction - visual, aural, manual and cognitive - and use of portable electronic devices, including cell phones, involves several, if not all. According to a recent article in the Washington Post on distracted driving and car accidents a 2008 study published in the journal Brain Research as well as another in the Journal of Experimental Psychology show that it is more distracting to engage in a cellphone conversation than it is to talk with a passenger.

As recent as September 2010, a study conducted by the Virginia Tech Transportation Institute of commercial drivers (18 wheeler drivers) found that a safety-critical event is 163 times more likely if a driver is texting, e-mailing or accessing the Internet on a portable electronic device.

The cost of being constantly connected is too high. Want proof? Just ask the families of those 3,092 people who died last year. No phone call, no text, no electronic update is worth a human life.

As Huntsville car wreck attorneys we routinely see accidents that are caused by distracted driving. If you've been the victim of such a texting-related automobile accident and need help deciding the proper course of action, contact our skilled Alabama auto accident lawyers today.

See Our Recent Blog Posts:

More Alabama Drivers Admit to Distracted Driving

Settlement Reached in Huntsville Alabama Car Wreck Caused by Texting Driver

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.

According to a recent report by Joan Lowy of the Associated Press, a 50% increase in texting while driving occurred in the past year despite a wave of efforts to ban the practice by state legislatures across the country. The study confirms that there are more distracted drivers in Alabama than ever before, with 2 in 10 drivers sending text messages while behind the wheel.

The National Highway Traffic Safety Administration is behind the survey and each year monitors drivers' behavior. Their survey is conducted by standing at random intersections and watching to see who uses cellphones or smartphones and what the drivers do with them. This year's survey found that at any given time approximately 1% of all drivers are either sending text messages or otherwise typing on their phones.

These results were confirmed in separate telephone survey where 18% of drivers admit to having sent text messages or checked emails while driving. Among drivers between the ages of 21 and 24 that number jumps to 50%. The telephone survey went on to confirm that most drivers see no problem answering a cellphone call while driving.

NHTSA Administrator David Strickland said that, "What's clear from all of the information we have is that driver distraction continues to be a major problem."

These increases in texting fly in the face of governmental efforts to restrict the practice. Just last month Pennsylvania became the 35th state to ban texting while driving, apparently to little effect.

Jonathan Adkins, a spokesman for the Governors Highway Safety Association, said the increase is cause for concern. "It is clear that educational messages alone aren't going to change their behavior," Adkins said. "Rather, good laws with strong enforcement are what is needed. Many drivers won't stop texting until they fear getting a ticket."

While drivers may not think that answering an email while waiting at a red-light is a problem, NHTSA officials released a study that found an estimated 3,092 deaths resulted from distracted driving in 2010. So many deaths are a high price to pay for the convenience of constant electronic connectedness.

As Huntsville Alabama car wreck attorneys we routinely see accidents that are caused by distracted driving. If you've been the victim of such a texting-related accident and need help deciding the proper course of action, contact our skilled Alabama auto accident lawyers today.

See Our Recent Alabama Car Accident Lawyer Blog Posts:

New Study Challenges Whether Graduated Driver's License Laws Meet Their Goal
Labor Day Holiday Car Accident Statistics for Alabama's Roadways

Uninsured motorist or underinsured motorist coverage ("UM" or "UIM") is coverage on your own automobile policy that will kick in to provide you coverage if the at-fault driver does not have any motor vehicle coverage or does not have enough coverage to fully compensate you for your injuries. There are some misconceptions about UM and/or UIM coverage. You do not need this coverage if you have health insurance. You do not need this coverage if you have medical payments coverage on your auto policy. Both are untrue statements. Your health insurance and medical payments coverage will help pay on your medical bills related to your accident, but they will not cover items such as past and future lost wages, pain and suffering, out of pocket expenses, and mental anguish. These additional items are covered under your UM/UIM coverage.

Recently, we have seen several car accident claims in which the at fault driver is uninsured or underinsured and our client has either waived their uninsured motorist coverage in writing, which you should never do or they do not have enough uninsured motorist coverage to fully compensate them for their damages. According to a recent USA Today article, entitled "Uninsured Drivers" by Larry Copeland, one in seven drivers in the US has no automobile insurance. Thus, about 13.8% of US drivers are uninsured. In Alabama, approximately, 22% of drivers are uninsured. Thus, it is vitally important that you protect yourself by not only having uninsured motorist coverage, but making sure you have a sufficient amount of uninsured motorist coverage. Increasing the amount of your UM/UIM coverage is very inexpensive. Thus, we want to encourage everyone to please review their automobile policy to make sure they a sufficient amount of uninsured motorist coverage.

If you have any questions about your uninsured motorist coverage, the Huntsville car accident attorneys at Martinson & Beason, would be glad to speak with you.

For more information on Alabama's Uninsured & Underinsured Motorist law, please see A Guide To Uninsured/Underinsured Motorist Law in Alabama.

A recent article in the Birmingham News reviewed an article by the Los Angeles Times on whether a national trend towards graduated driver license have actually backfired. Alabama passed such a law in the summer of 2010 in an attempt to reduce the number of teenage car accidents in Alabama. To see more information on the law passed in Alabama, please see our Alabama Injury Attorney Blog article entitled Alabama's Graduated Driver License Law dated September 3, 2010.

The JAMA study discussed in the newspaper articles looked at crashes involving 16 to 19 year old drivers and the effect graduated driver license laws (GDL) have had on the number of fatal collisions. According to the study, the number of fatal automobile wrecks among 16 and 17 year olds declined; however, the number of fatal crashes among 18 to 19 year olds rose by an equal amount. "The controls placed on new drivers -- including night driving, cellphone use, limiting the number of passengers -- to shield them has resulted in shifting the number of fatal crashes from them to an older age group, according to the study." (Driver's Side: Do graduated driver licenses really shift teen fatalities? - The Birmingham News). For example, the state of Florida passed a GDL law in 1996, and since that time the program has been linked to 1,348 fewer fatal auto accidents involving 16 year olds; however, there have been 1,086 more fatal wrecks involving 18 year old drivers.

While the JAMA study found GDL laws have a negative effect on older teen drivers a study by the journal Traffic Injury Prevention did not. So it appears that the jury is still out on the overall effect of GDL laws. As Huntsville Alabama car wreck attorneys we routinely see accidents that are caused by distracted driving. Thus,it seems that there needs to be laws in place to reduce the number of distracted drivers the question is what should these laws be and how should they be implemented.

According to a recent report by Allstate Insurance Company, Huntsville, Alabama is the 5th safest driving city in the country. The report ranks America's 200 largest cities in terms of motor vehicle accident frequency. Last year, Huntsville was ranked 8th.

The report estimates, that drivers in Huntsville will be involved in a car wreck every 12.3 years. The national average is every 10 years. Birmingham drivers have a collision every 11.2 years, while drivers in Mobile and Montgomery are estimated to be involved in an accident every 11.1 years.

According to statistics for 2009, there were 7,083 automobile crashes in the city of Huntsville, which resulted in 1,740 people being injured. 20 people were killed in Huntsville car accidents in 2009. This was 3 fewer than were killed in 2008.

Click here to see the 2011 America's Best Drivers Report.

The Labor Day weekend is upon us and that means people are going to be hitting Alabama's highways. Not only is this a long weekend, but it is the first weekend of college football and both Alabama and Auburn play home games this weekend. We want to encourage everyone to take a few safety measures for traveling this weekend that could prevent an accident or save your life:

• Buckle Up
• Obey the posted speed limit
• Don't text and drive (Distracted Driving)
• Keep a safe distance between you and the vehicle in front of you
• Leave early to allow for the additional traffic on the roadways

Following these common sense safety tips can prevent automobile accidents and save lives. In 2009, during the 78 hour Labor Day holiday 8 people were killed in traffic accidents on Alabama's highways. While the risk of being involved in a car wreck in Alabama can be reduced by following the aforementioned safety tips. Sometimes accidents happen and when they do you should be prepared for them. Because of this we have prepared an Accident Information Sheet for the glove box of your vehicle. This sheet contains a place for all the important information you should record when you are involved in a car accident in Alabama.

See this page for more information on Avoiding Car Accidents.

By: Martinson and Beason, Huntsville Car Accident Lawyers

A two vehicle car wreck has claimed the life of Merilyn Boyd of Brundidge, Alabama (Pike Co.). According to an article by Matt Elofson in the Dothan Eagle, the traffic accident occurred on Coffee County Road 114 when Ms. Boyd lost control of her 2011 Dodge Intrepid. Ms. Boyd's vehicle went off the roadway and then she over corrected causing her vehicle to go into opposite lane of travel and strike a truck being driven by Thomas Lavendar of Brundidge. Ms. Boyd suffered fatal injuries in this accident.

The investigation into this Alabama car accident indicates Ms. Boyd was not wearing her seatbelt. Recent Alabama car crash statistics show that seatbelts save lives. According to these numbers, you are twice as likely to die in a wreck if you are not wearing your seatbelt. In 2009, 240 people were killed in Alabama automobile accidents who were wearing lap and shoulder belts. However, 515 people were killed in Alabama motor vehicle accidents in 2009 who were not wearing any type of seatbelt. Please Buckle Up!

For more information on seat belt safety visit the National Safety Council's website.

By: Martinson & Beason, PC - Alabama Car Accident Lawyers

A recent car accident in Rainsville, Alabama is a sad reminder of the dangers of cycling on public roadways. On June 6th, cyclists Christina Genco of Boston was cycling across the country with a group when she was hit from behind by a passing car. Tragically, Ms. Genco suffered fatal injuries in this biking accident. An article in today's Huntsville Times, by Victoria Cumbow discusses the fact that Alabama State Troopers have completed their investigation into the wreck and now it is up to the local district attorney in DeKalb County to decide whether to present the case to the grand jury.

As the sport of cycling has grown, so have the number of cyclist involved in wrecks with automobiles. According the latest statistics from the State of Alabama, in 2009, 6 people were killed in cycling traffic accidents in Alabama. Further, in 2009, 167 people were injured in cycling crashes in Alabama. As proof that these accidents involve new cycling enthusiast is the fact that the largest group involved in these wrecks in 2009 was the age range 26 to 64. While cycling on public highways can be dangerous there are several steps cyclists can take to reduce the danger. The website BicycleSafe has come up with 10 ways Not to Get Hit, which can be viewed at their website. In addition to these tips, riders should avoid busy streets, signal their turns, where reflective clothing and have lights.

A new Driving Under the Influence (DUI) law in Alabama hopes to crack down on drunk drivers and drinking and driving car accidents. The new DUI law, which will be signed into law today by Governor Robert Bentley, will increase the severity of penalty if the driver is more intoxicated. Currently, it is illegal to drive if you blood alcohol level (BAL) is .08 or higher. But the severity of the penalty does not increase if your BAL is higher than .08. Under this new DUI law. if a driver's BAL is over .15 they will automatically lose their drivers license for one year. See Senate Bill 67.

As Huntsville car accident attorneys who handle drinking and driving automobile accidents routinely, this new law is a step in the right direction. Sadly, we too often see the life changing results that occur when people make the deadly decision to drink and drive. For more information on this matter please, see our DUI car accidents page.

Huntsville car accident lawyer Morris Lilienthal represented our clients who were involved in a March 2010 car wreck. Our clients, a mother and her two young children, were proceeding through the intersection of US 72 and Interstate 65 in Athens, Alabama, at approximately 3:40 pm, when a drunk driver ran a red light and struck our client's vehicle. A detailed investigation of the automobile accident revealed that a witness to the wreck stopped the intoxicated driver from fleeing the scene before he was arrested for Driving Under the Influence (DUI). Our clients suffered severe neck and back injuries that required consistent medical treatment and physical therapy. We are pleased to announce that we have reached a full and final settlement with the other driver and our client's uninsured (underinsured) motorist carrier.

This case is a sad reminder of the dangers of drinking and driving. In 2009, there were 6,671 automobile crashes in Alabama involving a driver who was under the influence of drugs or alcohol. Out of those wrecks, 290 people were killed in alcohol and drug related crashes in Alabama in 2009. For more information on this topic, please visit our DUI car accident's page.

By: Morris Lilienthal, Huntsville Personal Injury Attorney

Huntsville car accident attorney Morris Lilienthal represented our client who was involved in a July 2010 car wreck on Alabama Highway 24 near Decatur, AL. Our client was driving eastbound on Ala. Hwy 20 when another driver failed to yield the right of way and pulled out in front of our client. This negligent action caused a severe impact between the two vehicles as evidenced by the above photograph. As a result of this wreck our client suffered multiple injuries including a knee injury which required surgical intervention and physical therapy. At the conclusion of our client's medical treatment we were able to reach a fair and just settlement for our client. As a part of this settlement we also resolved our client's subrogation interest with her health insurance carrier, which included getting a reduction in the amount of money the client had to repay her health insurer.

If you have been the victim of an automobile accident please see our step by step guide on what to do if you are in a car accident.

By Morris Lilienthal, Alabama Car Accident Lawyer

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

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.