Practice Areas

Aug 13, 2012 - Truck Accidents by Cross & Smith

Road Safe America and other traffic safety advocates are pushing The Federal Motor Carrier Safety Administration to adopt hours-of-service regulations for truckers similar to those in place for airline pilots. “Truck drivers don’t have co-pilots, don’t have auto-pilot and must stay especially alert whenever driving since they share the public thoroughfares with the motoring public,” said RSA President Steve Owings. The Owings family lost their son in a trucking accident. New limits for pilots have been set at 8 or 9 daily hours of flying. In comparison, the feds reduced the number of trucking hours some drivers can log each day from 11 hours to 10. The revised rules were trumpeted as increased enforcement after a relaxation of old rules passed under the Administration of George W. Bush.

Aug 9, 2012 - Car Accidents by Cross & Smith

Our Tuscaloosa personal injury attorneys understand the dangers that motorists face in the wake of a breakdown, or when they run out of gas. The side of the road, with traffic flying by, poses serious risks. And the fact of the matter is that these secondary accidents are quite common. There are things you do in the event of a breakdown to help avoid such secondary collisions. It can happen to any of us — an accident, a breakdown or running out of gas. Whatever the reason may be, it’s dangerous to pull over. You want to make sure that you pull your vehicle as far off of the road as possible. Flip on your car’s hazard lights, particularly if your vehicle is causing an obstruction to passing motorists. There are shoulders on the side of the road. They’re there to help motorists in a bind. Only use these areas in an emergency. Your best bet is to drive to a safe place before stopping, if you can.

Aug 6, 2012 - ATV/SUV Rollover Accidents by Cross & Smith

ATV accidents in Alabama are a summer risk. Our personal injury attorneys understand that there are ATVs all over this state during this time of the year. We typically see more ATV accidents during this time of the year because kids are out of school and many residents are out enjoying summer vacations. Both parties are likely to hop on their ATV and head out. With more riders there are more risks for accidents. The problem is a little more serious than some might think. As a matter of fact, there were more than 780 people who died in ATV accidents across the country in 2009. According to ATVSafety.gov, another 132,000 people were injured in these kinds of accidents. The state of Alabama sees its fair share of riding accidents, particularly during summer and fall months. There were more than 50 ATV accident fatalities reported in the state from 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/ to 2009.

Aug 1, 2012 - Truck Accidents by Cross & Smith

A shortage of truckers could be increasing your risk for an accident on Alabama roads. The Truckload Carriers Association estimates there are as many as 200,000 long-haul trucker job openings nationwide. And the U.S. Bureau of Labor Statistics expects more than 330,000 new trucking jobs by 2020. That’s a 20 percent increase on top of the 1.5 million commercial truck drivers already on the nation’s roads. The median annual wage for a trucker is just under $38,000 — the top 10 percent of drivers make more than $58,000 annually. Alabama trucking accident attorneys know there are a number of hurdles to reducing the risk of tractor-trailer accidents. CNN Money reports hurdles in the certification process contribute to the shortage. Still, a licensed driver can take an 8-week course at a cost of about $6,000 and graduate with all the skills the law requires to drive a big rig up and down the nation’s highways. Drivers can spend 7 days a week on the road, often living in the cramped quarters of a truck cab, for weeks at a time.

Jul 27, 2012 - Car Accidents by Cross & Smith

If your daily commute seems to have gotten more perilous recently, you might not be imagining things. The number of traffic fatalities in the first quarter of 2012 soared by nearly 14 percent, resulting in nearly 1,000 more deaths on the nation’s roads. Tuscaloosa personal injury attorneys may see an uptick in all types of accident cases as the economy improves. While the federal government and safety advocates have trumpeted declining traffic fatality numbers throughout the downturn, many economists predicted those numbers would soar again with economic recovery. The National Highway Traffic Safety Administration estimates 7,630 people died in motor vehicle accidents during the first three months of 2012. That’s up 13.5 percent from the 6,720 fatalities reported during the same period one year ago. If the estimate holds true, it would be the second-largest quarterly increase in traffic fatalities since the government began keeping modern records in 1975. First-quarter results had been declining since 2006, when 9,558 motorists were killed through March 31.

Jul 24, 2012 - Truck Accidents by Cross & Smith

Serious consideration is being given to requiring all tractor-trailer’s traveling on the nation’s roads to incorporate automatic speed-limiting technologies. Officials with the Advocates for Highway and Auto Safety have joined the debate with the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) regarding the potential requirement for large truck speed-limiting technologies. This was the result of petitions filed by Road Safe America and the American Trucking Association to help to get large commercials vehicles to slow down on our nation’s highways. Slower traveling trucks help to reduce the risks of serious injury and death in the event of a trucking accident in Alabama. The AAA Foundation for Traffic Safety is in on it too, saying that speed governors for large trucks should be required on all commercial vehicles. The technology is already mandatory in many other countries.

Jul 17, 2012 - Personal Injury by Cross & Smith

As we reach the height of summer, our Tuscaloosa personal injury attorneys would like to take time to talk to you about the importance of water safety and avoiding swimming pool accidents in Alabama. The Centers for Disease Control reports about 10 people a day die as a result of drowning accidents. About 3,500 drown while swimming, and another 350 die from drowning as a result of boating accidents. In addition, thousands are seriously injured by near-drowning. And the data shows many will need significant hospital care for serious injuries, including brain injuries. Brain injuries caused by lack of oxygen can result in long-term disabilities, including memory and learning problems. Half of near -drowning victims treated in hospital emergency rooms require extended care, including those whose injuries result in permanent vegetative state.

Jul 16, 2012 - Truck Accidents by Cross & Smith

One person was killed in a Calera, Alabama trucking accident recently. The crash involved two tractor-trailers and a passenger vehicle that claimed the life of a 26-year-old Bessemer man who was a passenger in the 1990 Ford Clubwagon. Three other occupants of the van were injured and taken to the hospital, as well the driver of one of the semi-trucks. The The driver of the other rig was not injured. Our Alabama personal injury attorneys know that the occupants of passenger vehicles are most at risk in accidents with large trucks. As we recently noted on our Alabama Injury Attorneys’ Blog, the government reported 110 large trucks were involved in trucking accidents in Alabama in 2010.

Jul 11, 2012 - Car Accidents by Cross & Smith

If you are between the ages of 5 and 34, you are more likely to die in a motor vehicle accident than by any other means. And Alabama is among the nation’s deadliest states in which to drive, according to a 24/7 Wall Street analysis. The analysis is based on a report by The Trust for America’s Health, which looked at recent state-by-state data on causes of injuries and death. Our Alabama personal injury attorneys were not surprised to learn that Alabama is the nation’s third-deadliest state for motorists.

Jul 5, 2012 - Personal Injury by Cross & Smith

Identifying all of the at-fault parties, and their associated insurance carriers, are among the most critical tasks of a Tuscaloosa personal injury lawyer. Progressive Northern Insurance Co. v. Mohr, a case decided by the Delaware Supreme Court, involved a pedestrian accident victim. The victim recovered $15,000 from the insurance carrier of the vehicle involved in the accident. But he also sought to recover from Progressive Northern Insurance Company, which had a policy in place on a vehicle owned by the victim’s mother. The policy excluded coverage of Mohr as result of a pedestrian accident. The question before the court was whether such an exclusion was permissible or whether an insurance company had to include pedestrian accidents in its personal injury protection (PIP) coverage. In this case, the Supreme Court decided Mohr could collect from the PIP policy in place on his mother’s vehicle. And that the exclusion conflicted with Delaware’s automobile insurance laws. Thus, in addition to the $15,000 collected from the at-fault driver’s insurance policy, the court ordered Progressive, which insured the victim’s mother, to pay an additional $85,000! The court ordered the $15,000 be subtracted from the $100,000 policy limit in place.