Practice Areas

Mar 11, 2016 - Car Accidents by Cross & Smith

When airbags first came into wide use in the 1970s, they took on a very basic design that protected drivers and front-seat passengers by sensing collisions and inflating large bags between occupants and hard objects in front of them. Our Tuscaloosa car accident attorneys are happy to report that the basic concept of inflatable safety devices has exploded. The chances are that an inflatable device now exists to protect many people who are exposed to dangers on the roads, sidewalks or just about anywhere. Still, things can go wrong to prevent airbags from doing their jobs properly — or even causing injuries when they perform as intended. It is important to understand the potential pros and cons of these devices and what to do if they contribute to serious injuries. New Airbag Designs Keep Coming The unfortunate truth is that collisions with trucks and passenger vehicles can cause injuries from all sides. As injury statistics continue to reveal more and more types of injuries are faced by individuals inside and outside of cars, new devices are invented to help mitigate those injuries. According to the Insurance Institute for Highway Safety Highway Loss Data Institute, airbags now take on many shapes and forms, such as the following: Bags within cars and other enclosed vehicles are standard equipment in front of front-seat passengers and drivers, and side airbags are almost as common. New designs can protect victims of rollovers. Others address the needs of back-seat passengers, such as rear window curtain airbags […]

Feb 26, 2016 - Personal Injury by Cross & Smith

Physical abuse of the elderly is a recognized issue for seniors placed in the care of others, whether in nursing homes or through in-home care. Even individuals who receive acceptable levels of physical care, however, may be victims of financial abuse. When the money runs out, the physical care ends as well. Certain Alabama statutes now recognize the crime of elder financial abuse and impose penalties, but each Tuscaloosa injury attorney at our firm believes that more preventive types of laws might help seniors avoid destroying their golden years. Three Common Forms of an Underreported and Growing Crime No accurate statistics identify the severity of the senior elder abuse problem, but most experts in the field agree that it is underreported. During a time when increasing numbers of aging baby-boomers now need senior care, the problem is undoubtedly getting worse. Recent estimates indicate that seniors might be losing an average of $30,000 from financial abuse. The following three types of financial abuse are most common: Nursing home theft: Elderly individuals living in residential care have virtually no privacy or security. Caregivers and even other residents have full and frequent access to rooms, making them ripe for theft of everything from personal valuables to financial documents. Phone and computer scams: Anyone living at home is susceptible to scammers who prey on them over the phone, at the door or on their computers. Scammers often count on even minor diminished mental capacity of individuals who willingly hand over massive amounts of money, […]

Feb 12, 2016 - Motorcycle Accidents by Cross & Smith

When buying a new vehicle, few consumers pay close attention to blind spots during the test drive. Of course, all cars have blind spots that often prevent drivers from being aware of other cars driving right next to them — or even unseen bicycles and pedestrians. Mirrors help reduce the problem to some extent, but in the interest of increased safety, some vehicle manufacturers now offer blind spot monitors. Our Tuscaloosa accident attorneys applaud the introduction of a device that provides electronic detection assistance to help reduce the blind spot issue. Still, drivers with these devices still need to use their eyes. Just as important, motorcyclists should feel no safer on the road. Many Blind Spot Detectors Sense Larger Vehicles Better than Smaller Ones Even if riders knew for certain that every vehicle sharing the road was equipped with a blind spot detection device, they still need to avoid riding in blind spots. RideApart, a portal that serves the power sports industry, cites AAA findings that show that the abilities of one device over another can vary widely. In addition to potentially having detection ranges that are too short to provide ample warning for any driver, the devices do not always detect motorcycles because: The devices that may effectively detect larger vehicles are 26 percent slower at identifying nearby motorcycles. They detect slower-moving vehicles better than they pick up faster-moving vehicles, often notifying drivers too late to help avoid motorcycles. They provide auto drivers with a false sense of security, […]

Jan 22, 2016 - Truck Accidents by Cross & Smith

Considering that thousands of drivers across the country operate electronic devices while driving, it is not surprising that many people are injured in distracted driving accidents every day. When large commercial trucks are involved, the chances for serious injuries and fatalities increases exponentially due to the weight of these vehicles. In spite of this risk, however, federal trucking regulations do not impose any additional electronic device restrictions on truck drivers than the ones commonly imposed by the states for drivers of passenger vehicles. Proposed Ban Fails, but Limited Ban Takes Hold Asserting that distracted driving was approaching the risks of DUI driving back in 2011, the National Transportation Safety Board (NTSB) proposed a full ban on the use of even hands-free devices for novice drivers, school bus drivers and commercial truckers. While that ban failed, the NTSB tried repeating the hands-free ban recommendation in 2014 after cell phone use by a truck driver appeared to be the direct cause of a massive truck-versus-train collision in Maryland. Regrettably, federal legislators have not recognized the wisdom of the NTSB recommendations. Currently, the Federal Motor Carrier Safety Administration has issued the following restrictions for interstate truck and bus drivers, as well as for anyone who transports certain hazardous materials: No texting while driving: The restriction clearly defines texting as anything that requires more than a single button-press. Hands-free talking: Commercial motor vehicle drivers cannot hold a phone to talk, and the rule includes anything that amounts to reaching for a phone for positioning […]