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 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.

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.

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.