Practice Areas

Oct 20, 2012 - Medical Malpractice by Cross & Smith

In a recent Alabama Supreme Court decision, Boudreaux v. Pettaway, the state’s high court upheld a $ 4 million medical malpractice/wrongful death claim. In 2006, a 32-year-old mother, who had previously undergone gastric bypass surgery, arrived at Springhill Memorial Hospital in Mobile complaining of vomiting and abdominal pain. She died during an exploratory laporotomy.  The estate of Paulett Pettaway Hall sued Dr. Randall Boudreaux and other defendants, including Coastal Anesthesia for wrongful death and medical malpractice.

Oct 16, 2012 - Birmingham by Cross & Smith

Our Birmingham personal injury attorneys encourage you to start a discussion with your family about the importance of safe driving as we head into the busy year-end holiday travel season. The National Safety Council reports fatal traffic accidents nationwide are up 7 percent compared to the same period last year and more than 5 percent from 2010. It’s news that has safety officials particularly concerned given that the last three months are typically the deadliest of the year.  More than 21,000 people have died in traffic accidents thus far this year; that’s about 90 people a day. Alabama traffic accidents killed 546 through the end of August, down slightly from 2011 but up from 2010. These numbers are expected to continue to increase as the economy improves. And the last three months of the year are historically the most dangerous on our roads.

Oct 8, 2012 - Nursing Home Neglect by Cross & Smith

Supporters contend passage of the Sept. 18 trust fund amendment (65 percent to 35 percent), will provide more resources for nursing home care, thereby reducing the risk of abuse or neglect in Alabama nursing homes. The Montgomery Advertiser reported the amendment was heavily lobbied for by the Alabama Nursing Home Association. Passage means nearly $500 million will be taken from the Alabama Trust Fund and placed in the General Fund over the course of the next three years.  Without the increased funding, drastic cuts to Alabama’s Medicaid program would have had severe implications for the two-thirds of Alabama nursing home residents who rely upon those funds for care. What we’ll do in three years when those funds are exhausted is less clear. But nursing home funding will most assuredly become an issue of increasing importance in coming years, with the retirement of the baby boom generation. An estimated 10,000 Baby Boomers are retiring every day. The 2010 Census reported a 15 percent increase in the senior population over the last decade. The Department of Health and Human Services’ Administration on Aging reports the number of seniors in Alabama is expected to nearly double between 2000 and 2030, from 770,000 to more than 1.3 million.

Oct 3, 2012 - Car Accidents by Cross & Smith

Uninsured motorist accidents in Alabama will be targeted by law enforcement with new enforcement measures, which are set to take effect Jan. 1. Passed by lawmakers in 2011, the Alabama Online Insurance Verification System will verify vehicle insurance information when renewing your license plates or during traffic stops. Officials estimate nearly 1 in 4 drivers are on the road without insurance. The Insurance Research Council reports Alabama has the sixth-highest rate of uninsured motorists in the nation.  The Alabama Mandatory Liability Insurance Law requires a minimum of $25,000 death or bodily injury per person ($50,000 per accident) and $25,000 property damage coverage. These minimums have been in place for years but are often times inadequate in the event of an accident. A motorist should purchase as much coverage as he or she can reasonably afford — frequently substantially higher limits are available for a small increase in your premium payment.

Oct 1, 2012 - Birmingham by Cross & Smith

A Birmingham newlywed wakes up every day thinking it’s Valentine’s Day after suffering a fall accident at work. WBRC News reports the injured employee was working on a ladder February 13 and can remember the ladder falling out from beneath him. He recalls another employee waking him up, and he was diagnosed with a concussion at the hospital. But then he started forgetting. Soon he couldn’t remember whole afternoons. Then he started waking up every day thinking it was Valentine’s Day, the day after the accident. Our Birmingham workers’ compensation attorneys know fall accidents are the leading cause of fatal work-related injury. Statistics for 2011 released last week by the Bureau of Labor Statistics show 4,609 employees were killed on the job last year. More than 660 died in fall accidents, making it the leading cause of death after transportation accidents and fatal contact with objects or equipment. A total of 74 employees were killed on the job in Alabama, including 10 who died in falls.

Sep 26, 2012 - Birmingham by Cross & Smith

A new warning has been issued about the risks of child injury involving backyard trampolines. On Monday, the American Academy of Pediatrics reported nearly 100,000 children a year are injured on these trampolines. “Pediatricians need to actively discourage recreational trampoline use,” said Michele LaBotz, MD, FAAP, co-author of the report. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.” Birmingham personal injury attorneys understand children are most at risk for injury by dangerous or defective products. Each year, the Consumer Products Safety Commission recalls more than 100 defective products marketed to children — including clothing, toys, cribs, strollers and highchairs.

Sep 25, 2012 - Personal Injury by Cross & Smith

A rash of small plane accidents in Alabama has authorities concerned as we enter the autumn flying season. General aviation enthusiasts like to say flying is as safe as driving. While that might be true for flying commercial, it’s patently false when it comes to general aviation. Small plane flight is comparable in risk to riding a motorcycle. That is to say, quite dangerous. In fact, the Airplane Pilot and Owner’s Association (AOPA) reports more than 1,200 general aviation accidents occur annually. In 2009, the FAA reports 475 of the nation’s 535 aviation fatalities occurred in the private aviation sector. Sixty-eight fatal Alabama plane crashes were reported from 2007-2009. A small plane crash killed two people Monday in Cullman County. The accident happened off Cullman County Road 174 near Smith Lake when a Mooney aircraft out of Destin, Florida crashed after the pilot radioed a report of difficult weather conditions and issued a Mayday call. An accident on Saturday involving a seaplane claimed the life of a man on Weiss Lake in Cherokee County. Two others were also killed on Saturday when their World War II era plane crashed in Madison County at the Moontown Grass Field Fly-in.

Sep 14, 2012 - Drunk Driving Accidents by Cross & Smith

As Yahoo! Sports reports, nothing less than an undefeated season and a national championship will do for the Crimson Tide. However, it’s unlikely that fans of the Auburn or the Troy Trojans will be outdone when it comes to weekend tailgate parties and cheering their teams to victory. CBS Sports reports Troy’s winning percentage at home has topped 80 percent since 2007. Injury attorneys in Tuscaloosa and throughout Alabama encourage you to celebrate responsibly. The beginning of the college and pro football seasons typically results in an increase in the number of serious and fatal drunk driving accidents. And, with the trio of year-end holidays just around the corner, it’s an important time to renew your commitment to celebrating responsibly — and that includes finding a sober ride home.

Sep 13, 2012 - Truck Accidents by Cross & Smith

Rear-ending a tractor-trailer continues to be one of the leading ways that motorists are injured or killed in accidents with large commercial trucks. Alabama trucking accident attorneys know that underride guards fail in far too many cases, often because they are poorly or improperly designed. When a car travels underneath a commercial trailer, fatal injuries often result. The government has done little to protect motorists, despite the growing body of evidence surrounding failing underride guards on large commercial trailers. Consumer Reports cites a comprehensive study released last year by the Insurance Institute for Highway Safety (IIHS), which found even underride guards that meet federal safety standards often fail — even in a low-speed accident. This remains a critical safety issue because 7 of every 10 people killed in accidents with large trucks are riding in passenger vehicles. The IIHS estimates that underride accidents claim approximately 400 lives each year and result in more than 5,000 serious injuries. Undderide crashes occur when the bar at the rear of a trailer fails during an accident, allowing a vehicle to travel beneath the trailer. Even modern vehicles, built to withstand significant frontal impact, are not designed for passenger safety in the event of an underride accident.

Sep 7, 2012 - Truck Accidents by Cross & Smith

Sleepy truckers and big rigs weighing 80,000 pounds are a deadly combination. “Sleep apnea is a major contributor to daytime drowsiness,” the Federal Motor Carrier Safety Administration states. “A condition that could prove deadly for commercial truck drivers and everyone sharing the road with them.” The Sleep Disorders Center of Alabama reports more than 100,000 accidents a year are caused by a fatigued driver. More than half of such accidents involve a driver under the age of 25. Aside from young drivers, those at highest risk include shift workers, commercial drivers and business travelers. Being awake for 18 hours has the same impact on a driver’s skills as being legally drunk with a blood-alcohol level of .08