Recently in Uninsured Motorist Category

September 1, 2010

Hazel Green Car Accident Sadly Claims One Life

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.

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July 22, 2010

Huntsville Drunk Driving Car Accident Settlement Reached

IMG_4052.JPGHuntsville, 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.

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May 27, 2010

Tuscaloosa Auto Accident Claims 2 Lives

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.

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March 15, 2010

Sleeping Driver Causes Glencoe Car Accident Killing 2 People

A Glencoe, Alabama (Calhoun County) car accident was likely caused by a sleeping driver. According to reports, Patrick Hicks and Charles Avery had pulled their vehicle and trailer onto the shoulder of U.S. Highway 431. While Hicks and Avery were standing on the shoulder, a car driven by John Robert Martinez left the roadway and struck the trailer, causing the trailer to strike the two men. Sadly, Mr. Hicks and Mr. Avery lost their lives in this wreck.

As a result of this crash, the families of Mr. Hicks and Mr. Avery each have their own Alabama wrongful death claims against Mr. Martinez. In order to bring such a claim an estate will have to be set up for both Mr. Hicks and Mr. Avery. Further, there is also a likely claim for each ones estate under Alabama uninsured (underinsured) motorist statute. Under these facts, they likely have an uninsured (underinsured) motorist claim for the vehicle they were riding in and any other vehicle in which they are listed as in insured driver. In addition, most uninsured motorist policies provide coverage even if a person is not a named insured if that person "resides" with a relative that has uninsured motorist coverage. Thus, there may be uninsured (underinsured) motorist coverage if either Hicks or Avery lived with a relative that had such coverage. Finally, it would also be important to discover how many vehicles are covered under said policies as Alabama uninsured motorist law allows for stacking of insurance policies.

In, 2008 there were 1,290 car wrecks in Alabama caused by asleep and fatigued drivers. This motor vehicle accident is a tragic reminder that as drivers we have a duty to be alert at all times while on the roadway. As motorists, if we feel that we are fatigued in any way we should immediately pull off the highway so as not to endanger our own lives and the lives of others.

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March 9, 2010

Randolph County Car Wreck Kills Roanoke Alabama Resident

A rear end automobile accident in Randolph County Alabama has sadly claimed the life of Robert Lee Foster of Roanoke. According to reports, Foster was traveling on Alabama Hwy 22 and had stopped for traffic when he was struck from the rear by Tina Burks. The initial impact from Burks' vehicle pushed Foster's pickup truck into oncoming traffic where he was struck by a tractor trailer (18 wheeler) driven by Thomas Spurling of Anniston. Tragically, Mr. Foster died as a result of his injuries.

Initial reports do not indicate what caused Burks to rear end Foster's truck. It could be simple inattention or following too closely or Burks could have been distracted by something such as her cell phone or radio. Mr. Foster's family likely has a viable Alabama wrongful death claim against Ms. Burks for causing this motor vehicle accident. Further, it's likely that Ms. Burks does not have sufficient auto insurance to cover such a claim; therefore, Mr. Foster's family would also have a claim for uninsured and/or underinsured motorist benefits through Mr. Foster's motor vehicle insurance policy(ies).

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February 10, 2010

Uninsured Motorist Settlement Reached in Huntsville Car Accident

The Alabama uninsured motorist attorneys at M&B are pleased to announce they have reached a pre-litigation policy limits settlement for our client who was injured in an April 2009 Huntsville car wreck. As a result of this crash our client suffered injuries to her neck, back, chest and knee that required her to be hospitalized for several days. In addition to her initial hospitalization she under went numerous follow up visits as well as physical therapy. As Alabama car accident attorneys we often see cases where the at fault party in an auto accident is uninsured, which is exactly what occurred in this case. Fortunately, our client did have uninsured motorist coverage, which we were able to recover to help compensate our client for her medical bills, out of pocket expenses, and pain and suffering.

Visit the following link for more information on Alabama's Uninsured Motorist Law.

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December 22, 2009

Abbeville Alabama Car Accident Leads To Uninsured Motorist Settlement

Our client was injured when the car he was a passenger in was struck by an uninsured motorist at 100 mph. Alabama car accident lawyer Morris Lilienthal represented our client in the personal injury case. The car accident occurred in May of 2009 on U.S. Hwy 431 in Abbeville Alabama (Henry County). This tragic car wreck is a perfect example of why it's important to have uninsured motorist coverage and why it's important to hire an experienced Alabama uninsured motorist attorney. In this case, the at-fault motor vehicle did not have automobile insurance, nor did the car the plaintiff was riding in. Further, the plaintiff did not have car insurance. Fortunately, the plaintiff lived with a relative that did have car insurance. Most car insurance policies provide uninsured and underinsured motorist coverage to any relative who resides with the insured. In this case, the plaintiff was not named on his relative's insurance, but he was a "resident relative" therefore he was covered under his grandmother's car insurance. We are pleased that we were able to reach a fair and quick settlement for our client.

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December 9, 2009

Mobile Truck Driver Cited in Mississippi Hit and Run Accident

A motor vehicle accident between a car and 18-wheeler on Interstate 10 in Gulfport, Mississippi has led to a Mobile Alabama truck driver being charged with leaving the scene of an accident. According to Mississippi TV station WLOX, the Mobile truck driver turned himself in after seeing an interview of the victim on television. Police indicated the semi-truck driver struck the other vehicle and knocked it down an embankment trapping the other driver for several hours before helped arrived. Many Alabama car and truck accidents are caused by hit and run drivers. Under Alabama law if the hit and run driver is not identified a claim can be made for the injured party by filing an Uninsured Motorists claim. Alabama case law essentially states that if an injured party can establish that a "phantom vehicle" caused the accident then they can recover uninsured motorists' benefits. Unlike many states, Alabama does not require actual physical contact between the "phantom vehicle" and the injured party's vehicle. If you or someone you know has been injured by a hit and run driver it's important that you hire an experienced Alabama uninsured motorist attorney.

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September 17, 2009

Scottsboro Alabama Car Accident Leads to $130,000 Settlement for Martinson and Beason, P.C. Clients

Alabama injury attorney Doug Martinson, Sr., recently settled a lawsuit in which our clients were involved in a car wreck in Scottsboro, Alabama (Jackson County). Our clients, a father and his three children were crossing over Hwy 72 when the defendant driver ran a red light striking the plaintiff's vehicle. Sadly, the wife/mother was following behind her husband's vehicle in her own car and was forced to helplessly watch the severe impact. As a result of this automobile accident, the father suffered multiple injuries, including: a broken back, broken ribs, and an injury to his left elbow. One of the children was also severely injured, suffering a left hip fracture and pelvic ring fracture. The other two children also suffered minor injuries as a result of this car accident. After suit was filed in Circuit Court in Jackson, County, Alabama a total settlement was reached for all Plaintiffs' in the amount of $130,000.00. This settlement comprised the policy limits from the defendant and the policy limits from the Plaintiffs' underinsured motorist carrier. As Alabama Car Accident Attorneys we are always pleased when we are able to make a satisfactory recovery on behalf of such worthy clients.

It should be noted that since this settlement involved a minor, Alabama law requires that the minor's settlement be approved by the Court. This type of approval is done through what is known as a Pro-Ami Settlement Hearing. Typically, the parties will petition the Court for a Pro-Ami Hearing and the Court will in turn appoint an attorney known as a Guardian Ad Litem on behalf of the minor Plaintiff to review the case and determine if the settlement is in the best interest of the minor Plaintiff. Ultimately, a hearing is held and the Court will hear evidence from the Guardian Ad Litem, and the parties and then either approve or disapprove the minor's settlement.

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