Practice Areas

Nov 25, 2012 - Car Accidents by Cross & Smith

Through Thanksgiving and the year-end holiday season, many families will be having parties and get-togethers and will be hitting the malls and shopping centers to pick up gifts. Most estimates indicate that the number of drivers on the roads goes up during the four-day Thanksgiving weekend as well as during the Christmas holiday, and many experts advise caution when it comes to driving during these busy times. Unfortunately, the holiday driving dangers don’t exist just on highways and roadways. Parking lots and driveways are dangerous places with more people on the road and there is a significant risk of backover accidents.  Our car accident lawyers in Birmingham urge everyone to be very careful in driveways and parking lots this holiday season in order to minimize the chance of a backover accident. Those with children need to be especially cautious of the dangers, as should elderly individuals who may not be able to get out of the way of a reversing car.

Nov 21, 2012 - Truck Accidents by Cross & Smith

There are a wide variety of laws and regulations governing commercial transportation in the United States. Many of these regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA). Safety rules regulated by the FMCSA are intended to ensure that commercial vehicles are well-maintained; that commercial drivers are held to a higher safety standard; and that best practices are used in the operation of commercial motor vehicles. Unfortunately, safety regulations and laws work only if they are obeyed and some motor carriers simply refuse to comply. Some companies disregard the regulations, skirt the safety requirements and otherwise engage in unsafe operating practices. Many of these commercial transport companies will simply close up their operations when they’ve been put out of service due to violations and will open up under a new name. When a motor carrier repeatedly refuses to comply with safety rules, this can present very significant dangers to passengers of the motor coaches or to other drivers on the road. As such, our truck accident lawyers in Tuscaloosa applaud new efforts by FMCSA in taking swift action against certain violators.

Nov 15, 2012 - Medical Malpractice by Cross & Smith

Contaminated steroid injections blamed for at least 32 deaths in 19 states have led federal investigators to sterility problems at a second New England drugmaking facility. Ameridose is one of the leading suppliers of pre-filled syringes and is now under fire in a widening probe into dangerous drugs that have put thousands of patients at risk. Alabama pharmaceutical attorneys understand the widening probe into activities at Ameridose means the risks may be far from over. Ameridose agreed to shut down for inspection in October after its sister company, the New England Compounding Center, was blamed for distributing steroid injections containing fungal meningitis to health clinics nationwide.  USA Today reported this week that the head of the Food and Drug Administration will ask lawmakers to grant the agency more authority to oversee such compounding facilities. Congress is racing through hearings and calling for legislation so there is now little doubt reforms will be enacted. However, as Reuter News reports, Congress has known about the risks posed to consumers by such facilities for a number of years. In 2007, it killed the Safe Drug Compounding Act sponsored by the late Senator Ted Kennedy amid heavy lobbying from the pharmaceutical industry.

Nov 14, 2012 - Birmingham by Cross & Smith

When it comes to drowsy driving, professional drivers, train engineers and pilots may be at even higher risk. Our Birmingham personal injury lawyers urge motorists to take seriously the risks of driving tired as safety advocates promote the message of Drowsy Driving Prevention Week: “Drive Alert – Arrive Alive.”  As we reported recently on our Alabama Injury Attorneys Blog, driver fatigue is one of the top causes of trucking accidents nationwide. Shift workers are already at high risk and health advocates continue to be concerned about the high number of truckers suffering from sleep apnea.

Nov 8, 2012 - Birmingham by Cross & Smith

When it comes to tractor-trailer accidents in Alabama, determining cause can be a complex process. Alabama is also a state that recognizes pure contributory negligence, meaning if a victim is only partially at fault, he or she is prevented from collecting any damages from the other driver(s) also partially fault, even if the other driver(s) is determined to be primarily at fault. In looking at the Federal Motor Carrier Safety Administration’s list of top causes of trucking accidents, it becomes apparent that driver behavior is often to blame: -Brake problems -Traffic congestion -Prescription drug use -Driving too fast for road conditions -Driver unfamiliar with road -Roadway problems -Failure to obey traffic control law -Over-the-counter drug use -Inattentive driver -Driver fatigue However, as the U.S. Department of Transportation points out, crashes are complex events and are rarely caused by a single factor. “Elements that influence the occurrence of a crash may take place hours, days, or months before the crash,” the report states. “They include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions.”

Nov 6, 2012 - Personal Injury by Cross & Smith

If you need another reason to put the phone down and pay attention behind the wheel, FOX Business is reporting that texting drivers could soon by paying more for car insurance. Our Tuscaloosa personal injury lawyers have blogged about the risks associated with texting while driving. Studies show drivers using a hand-held cell phone are four times more likely to be involved in an accident. While those who are text messaging are at 23 times greater risk for a crash, according to the U.S. Department of Transportation.  In Alabama, drivers are prohibited from texting while at the wheel. The law makes it a primary offense, which means a motorist can be stopped and ticketed. The Governors Highway Safety Association reports 39 states now ban texting and driving. Alabama also prohibits drivers under the age of 18 from using a cell phone while driving.

Nov 2, 2012 - Birmingham by Cross & Smith

Night driving isn’t the only additional risk factor we face as the clocks turn back an hour — November is also the deadliest month of the year for traffic accidents involving deer. Sunday Nov. 4 at 2 a.m. is the official end of Daylight Savings Time. Our Birmingham injury attorneys understand it’s also the beginning of the deadliest eight weeks of the year on the road.  Daylight Savings Time began in several countries as a way to conserve fuel during World War I. The United States followed with passage of the Standard Time Act in 1918. President Franklin D. Roosevelt dubbed it “war time” when he extended observance to year around during World War II.

Oct 30, 2012 - Personal Injury by Cross & Smith

A 94-year-old Decatur woman died over the weekend after rolling downhill away from a nursing home during an apparent fire drill. As we reported in October on our Alabama Injury Attorneys Blog, the recently passed trust-fund amendment was championed by the nursing home industry as a way to avoid drastic cuts that could lead to short-staffing and neglect in nursing homes and assisted living facilities throughout Alabama. While we await all the facts and circumstances of this particular case, here’s what we know: The elderly woman was hospitalized Wednesday after her wheelchair rolled downhill outside the Country Cottage Living Facility. A relative said she developed pneumonia after the accident, although cause of death has not yet been determined.

Oct 25, 2012 - Personal Injury by Cross & Smith

According to officials with the AAA Foundation for Traffic Safety, Halloween is the most dangerous day of the entire year for pedestrian accidents in the United States. To no surprise, a majority of these accidents involve children. Our Tuscaloosa pedestrian accident lawyers are asking parents to take the proper safety precautions and to talk with their children about safe traveling habits to help to keep our little ghost and goblins safe during their trick-or-treating adventures. We’re also asking homeowners and drivers to make sure that they keep a lookout for our young ones on All Hallow’s Eve. Burns and trips and falls are all common causes of accidents on Halloween. Luckily for homeowners, a little preparation and thought can go a long way toward protecting our children from harm. Medical professionals with the Tuscaloosa Surgical Center offer homeowners, parents and pedestrians some important safety tips. Keeping Kids Safe: -Make sure that each child has a flashlight or is wearing bright or reflective clothing. You want to make sure that they’re easily seen by motorists.

Oct 23, 2012 - Birmingham by Cross & Smith

A St. Clair County judge ordered the destruction of 33 Rottweilers after two dogs attacked and killed an 83-year-old man in Leeds late last month. The victim, Donald Thomas, was a neighbor. Neither he nor his wife was able to fight off the 100-pound animals. A police officer shot and killed both dogs. Investigators later found 26 dogs at the neighbor’s home. A veterinarian who assessed the dogs said most did not show outward or abnormal signs of aggression.  The Birmingham News reported that the prosecutor’s office has still not decided whether to file criminal charges. Our Birmingham injury lawyers know whether criminal charges are filed is a separate matter from whether or not a victim can file a personal injury or wrongful death lawsuit for damages in the wake of a dog attack.