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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 […]

Dec 25, 2015 - Car Accidents by Cross & Smith

With typical Alabama winter temperatures ranging between 50 and over 60 degrees, drivers in the state do not experience the extreme holiday weather conditions as those in the northern states. In 2013, Alabama Media Group reported information from a recent study by the University of Alabama’s Center for Advanced Public Safety. It showed that the days immediately prior to Christmas are among the most dangerous times on the road. Just about any Tuscaloosa auto injury lawyer would agree that the study’s findings remain just as true today. A Variety of Different Traffic Patterns Affects Roadway Safety Individuals who make daily commutes to and from work in major metropolitan areas might argue that these traffic conditions are the most congested. However, these drivers know and understand rush hour conditions and generally have the skills and experience to help anticipate and avoid accidents. Holiday drivers do not benefit from long-term experience and can be subject to risks such as the following: Last-minute holiday shopping panic: With just a few days left to complete gift shopping, every minute counts. Rushed drivers are more likely to ignore speed limits and other driving laws. They also have a greater propensity for tailgating when they perceive that the driver in front of them is keeping them from completing their missions. More night-time shoppers are now hitting the roads: From Black Friday and through to Christmas Eve, stores are open for business day and night. Night drivers, in particular, have little experience driving in heavy traffic after […]

Dec 11, 2015 - Personal Injury by Cross & Smith

Patients who obtain care from a number of different medical professionals face a distinct risk that the variety of treatments they receive might conflict with treatments from prior doctor visits. Under the current health care law, healthcare providers are expected to use Electronic Medical Records (EMRs), which can help avoid health care conflicts by providing all doctors with comprehensive electronic record access for any patient. While each Tuscaloosa injury attorney at our firm recognizes the clear benefits of better communication between medical providers, we believe that EMRs can potentially reduce communication between the providers in the same facility. Patients need to monitor any provider’s recording practices, particularly during the early phases of complex EMR system use. Complex EMR Systems Can Shift Focus Away From the Patient When used properly, EMRs can enhance communications between all providers who treat a particular patient. However, these systems are more complex than the traditional clipboard. In some cases, provider attention shifts from the patient to the EMR, and when that occurs, accidents can happen. In a Wall Street Journal opinion piece, a noted doctor asserts that EMRs are killing and injuring people, largely due to this shift in focus. He cites an example of a patient in a world-famous university who sustained injury over a relatively simple issue of intravenous fluid administration. In essence, this patient alternatingly received too much fluid or not enough over a three-day period, eventually resulting in significant injury. It appears that the hospital staff members were so chained to […]

Nov 27, 2015 - Personal Injury by Cross & Smith

November might not be the ideal time to jump into an outdoor swimming pool, but with local high temperatures ranging at nearly 70 degrees, water activities remains a real possibility for boating enthusiasts. Our Tuscaloosa accident attorneys believe that anytime water recreation is possible is a good time to remind people of the dangers of drowning accidents. Just as important, understand that the risk of drowning is very real for adults, as well as for children. Adults May Face Greater Risk of Drowning When Children are in School Even during the summer months, adults are at risk of drowning. According to Alabama Media Group, Alabama saw 69 drowning deaths according to most recent statistics from 2013. Even though drowning is considered to be the number one cause of death in children, that same article cites five drowning deaths within the prior week that involved victims with ages ranging from teens to 63. Once children are back in school, adults often take the opportunity for adult-only boating trips, and they may be likely to engage in more risky behavior when no kids are present. Unfortunately, 2014 statistics indicate that alcohol use is the leading known contributing factor in fatal boating accidents. While these deaths may pertain to intoxicated operators, alcohol use by victims can lead to their deaths, as well. Tips for Preventing Adult Drowning Incidents Whether they ride in motorboats, enjoy personal watercraft, head out in a non-motorized boat or even jump in for a cool swim, adults need to […]

Nov 13, 2015 - Tuscaloosa by Cross & Smith

Without a doubt, construction work is among the most dangerous professions in the U.S. Working from great heights, sometimes from faulty support structures, while using power tools and heavy equipment certainly seems extremely hazardous. However, when it comes to work-related fatalities in Alabama, even our Tuscaloosa workers’ compensation lawyers were initially surprised that there seems to be a higher risk involved in transportation. According to 2013 numbers from the Bureau of Labor Statistics (BLS) about the 78 fatal workplace injuries for that year, the majority were caused by the following events: • Transportation incidents (42) • Falls, slips, trips (11) • Violence and other injuries by persons or animals (11) Why Transportation Causes a Higher Rate of Workplace Fatalities Since many workers drive on company business, common roadway accidents play a contributing role in the number of work-related transportation fatalities, with a lack of seat belt use, speeding and alcohol cited as factors. However, earlier analyses of these accidents cite the three primary causes of vehicle accidents at work zones to be the following: • Runovers / Backovers represent nearly half of worker fatalities, and about half of those fatalities were caused by workers struck by construction vehicles. • Vehicle Collisions are the second most common cause, typically involving vehicles or mobile equipment. • Caught In Between or Struck by Object Accidents are the third most common cause. As the name implies, they involve workers who become caught between or struck by construction equipment and objects. Injuries or fatalities that […]

Oct 23, 2015 - Personal Injury by Cross & Smith

When the Washington Post and other news outlets reported that a Virginia patient won $500,000 after his secret cell phone recording during a medical procedure captured an anesthesiologist insulting him and even planning to diagnose a non-existent condition, portions of the recording went viral. Like Alabama, Virginia law allows the use of recordings as courtroom evidence as long as one party permits it. Used in front of a jury, that recording provided powerful evidence in court. Presented in front of a judge (known as a bench trial), however, a case like this one might have different results. Plaintiffs in personal injury cases have a choice between jury and bench trials and many case details go into deciding which type of trial offers the most benefits. Each Tuscaloosa injury attorney at our firm carefully assesses those details before making recommendations to our clients. Facts, Perception and Emotion Drive Courtroom Verdicts Surprisingly, studies show that judges agree with jury decisions on liability as much as 80 percent of the time. However, while judges may award larger damages in about 40 percent of cases, they favor smaller awards in over 50 percent of cases. One study indicated that the differences may be due to judges’ lower susceptibility to two specific cognitive illusions: • Framing, which involves treating economic gains differently than losses, even though their value is actually equal • Representativeness, in which a reduced value is placed on background statistical information or base rates that are relevant to the case Additionally, even […]

Oct 9, 2015 - Car Accidents by Cross & Smith

It seems as if new safety technologies appear on motor vehicles almost every year. Considering the devastation that our clients experience on the roads on a regular basis, our Tuscaloosa car accident attorneys applaud these developments — especially when they allow small cars to share the roads with big trucks more safely. It may be early in the game, but it is not too early to start thinking about one of the latest developments: the transparent truck. A New Invention That Addresses Visibility Issues for Small Vehicles Anyone who is forced to drive behind a huge semi knows that it is like driving behind a solid wall. Without the ability to catch a glimpse of traffic in front of the truck, it is virtually impossible to safely pass these slow-moving vehicles, much less remain aware of potential hazards on the road ahead. In June 2015, Samsung announced the development of its Safety Truck, which could vastly reduce these visibility issues. The concept behind the Safety Truck is simple: Put wireless cameras on the front of trucks and transmit the images to screens on the back, allowing motorists to see the road almost as if the truck was not in front of them. Early prototype tests in Argentina (which has some of the most dangerous roads in the world) showed positive results. The screen images made passing safer on two-lane roads, while also reducing accidents caused by sudden braking or animals on the road. Samsung is now working with the U.S. […]

Sep 25, 2015 - Truck Accidents by Cross & Smith

Anything from adjusting the radio to grabbing some pretzels is common behavior for many drivers, especially when commute times are long. Of course, any behavior that takes a driver’s attention from the road or hands off the wheel can lead to accidents. However, it is not uncommon for a Tuscaloosa truck wreck lawyer to see cases of severe injuries caused by behind-the-wheel activities that only semi drivers are likely to do. Living Life Behind the Wheel Can Lead to Unusual Distractions Most people engage in countless activities every day, but they perform a limited number of tasks while driving. While typical driver distractions probably involve cell phones, food or drink, truck drivers generally have hands-free devices and other equipment in their semis to help keep their hands on the wheel. That said, however, long-haul truck drivers may be in the cabs of their massive vehicles for more hours than they spend anywhere else. They still have to get things done, so they sometimes find creative ways to accomplish those tasks while on the road. In addition to using cell phones and CB radios, the following are some of the more common trucker activities: • Reaching in a pocket or reaching to the floor • Looking at paperwork • Smoking-related activities • Looking in mirror while using a toothpick • Making grooming and clothing adjustments Of course the list does not stop there. In January 2015, Reuter’s reported a massive traffic shutdown near Tuscaloosa after a trucker veered off the road, […]