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Lockwood v. Geico – Unreasonable Delay in Payment of Insurance

May 15, 2014 - Car Accidents by

The contract you hold with your car insurance companies is probably filled with numerous caveats designed to minimize the firm’s risk of paying up when the time comes. But an element that is inherent in these contracts – no matter what the language – is the implied covenant of good faith and fair dealing. If an insurance company acts in bad faith in dealing with the client, it could be subject to severe punitive damages. Examples of bad faith dealings would be if an insurer denies a claim without proper cause or delays a claim unreasonably. Our Tuscaloosa car accident lawyers have a detailed understanding of uninsured motorist law. You are entitled to coverage for which you paid, and we are committed to helping you obtain that compensation.

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Alabama Motorcycle Accident Statistics

May 12, 2014 - Motorcycle Accidents by

The Governors Highway Safety Association reports that motorcycle deaths were down 22 percent last year in Alabama and more than 7 percent nationwide. Although any reduction in fatalities is good news, those figures may be more of a fluke than a trend. As much as safety advocates want to tout 2013 as the start of a downward trajectory, it’s more of a stabilization of the statistics, following a big spike in motorcycle deaths in 2012. Birmingham motorcycle injury lawyers note the primary factors in the 2012 increase had to do with a warmer-than-usual riding season and higher-than-average gas prices. Better weather is more conducive to riding, and rising gas prices prompts people to choose a cheaper alternative to cars and sport utility vehicles.

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Attractive Nuisance Doctrine & Premises Liability in Alabama

May 7, 2014 - Premises Liability by

Premise liability law is founded upon the principle that a property owner (or manager) has a responsibility to maintain a property in a safe manner for those who enter. The duty owed by the property owner to those on site depends on the relationship. For example, the owner of a property open to the public would owe to a patron is far greater than a private property owner would owe to a trespasser. For the most part, Tuscaloosa premises liability lawyers recognize that trespassers aren’t entitled to many protections, except in cases of injury caused by willful or wanton negligence. The one notable exception is attractive nuisance. This legal theory alters the duty that is usually owed by a property owner to a trespasser or licensee for the simple fact that the “visitor” is a child drawn to the property by a hazard. A perfect example of this is a swimming pool. This not only poses a serious potential danger, it’s one a person could reasonably expect would be considered an attractive place to play. In order for a liability lawsuit to be successful, the owner must know a dangerous condition exists, the child must not know or recognize the danger and the child must not receive proper warning of the danger.

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Alabama DUI Accidents – Ignition-Interlock Law Passes

May 5, 2014 - Drunk Driving Accidents by

Shortly before he was convicted of DUI manslaughter in the death of fellow motorist and the serious injury of his passenger, a Hoover man conceded he’d had too much to drink while watching the 2012 Iron Bowl game on television. He said he knew after the crash that getting behind the wheel after drinking so much was a mistake. If only he’d come to that realization before he put the key in the ignition. And that’s the problem with so many DUI offenders – their failure to first think through the consequences. There is however technology that takes the choice away for previous offenders. DUI injury lawyers in Birmingham note Alabama just became the 21st state in the country to adopt an ignition-interlock law.

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U.S. Supreme Court Gives Alabama Police More Tools to Combat DUI

May 1, 2014 - Drunk Driving Accidents by

A recent decision by the U.S. Supreme Court in Navarette v. California will hopefully mean fewer DUI injuries in Alabama, as it gives authorities a greater opportunity to stop reckless and potentially drunk drivers. Birmingham DUI injury lawyers know that the crux of the Navarette case had to do with reasonable suspicion as it pertains to a defendant’s Fourth-Amendment right to protection against unreasonable search and seizure. Specifically, the question before the justices was whether information provided by an anonymous 911 tip was enough to establish reasonable suspicion. The court ruled that, in some cases, it is. The reason this is important for potential victims of DUI is that, No. 1, it provides more incentive for people to call when they see a reckless driver as they know police will be more inclined to act. Secondly, when police are given the authority to stop a car based on an anonymous 911 tip, they can get a possibly dangerous driver off the road faster. Officers may not necessarily have to wait to observe the driver engaged in a traffic violation before initiating a stop. This ruling is in line with a 1990 decision by the high court in Alabama v. White, where the court found that an anonymous tip, when corroborated by independent police work, provides the basis for the reasonable suspicion necessary to make an investigatory traffic stop.

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Bill to Ban Children in Alabama Truck Beds Stalls

Apr 29, 2014 - Truck Accidents by

Recently in Auburn, one university student was seriously injured and another charged with DUI following a crash that occurred when several youth were riding in the bed of a pickup truck near South College Street. The 22-year-old student is expected to survive, but accident lawyers in Tuscaloosa recognize it as only the latest in a long string of Alabama injuries resulting from passengers riding in truck beds. It’s exactly this kind of incident that a recent Alabama state bill was poised to address. Alabama is one of only a handful of states that still allow people to legally ride in truck cargo beds. State lawmakers have been trying since 1998 to pass a provision that would prohibit this activity, but have so far been unsuccessful. Now, it seems the wait may be even longer, meaning we can expect to see even more injuries and deaths resulting from people riding in truck beds.

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Alabama Lawnmower Injuries a Spring Risk

Apr 25, 2014 - Birmingham by

Every year, emergency room administrators report more than 250,000 people receive urgent care after suffering lawn mower injuries – with nearly 7 percent of those being children. May and June are the peak time for these incidents, so it’s a good time for our Birmingham personal injury lawyers to broach the subject, particularly considering that the U.S. Consumer Product Safety Commission reports that the risk of such incidents has risen in recent years. In Alabama, an 8-year-old boy who was killed in 2010 in Gurley when authorities say he was accidentally run over by his father’s lawn mower. Two years later, a 6-year-old girl in Florence was killed after she fell off a lawn mower she’d been riding on with an adult. In some cases, operator error or negligence is to blame for such incidents. Other times, faulty product design, manufacturing or failure to warn could cause or contribute to serious or fatal injury.

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Deadly Truck Crash Has Feds Examining Bus Safety Regulations

Apr 22, 2014 - Truck Accidents by

A fiery, fatal crash involving a Fed-Ex truck and a tour bus carrying high school students has prompted at least one lawsuit so far and the launch of a federal investigation into safety regulations. Authorities are interested in learning whether more stringent laws regarding seat belts, fire suppression systems and better windows might have prevented the crash that left 10 dead in Northern California. Our Tuscaloosa injury lawyers know that the National Transportation Safety Board has long advocated such measures, but other federal agencies have been slow to heed that call. NTSB officials say that if there is anything to be gained from this tragedy, it could be a renewed sense of urgency in adopting safety measures to save lives.

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Railroad Accidents in Alabama, U.S., Increasing

Apr 19, 2014 - Train Accidents by

Railroad accidents throughout the country are on the rise – and Alabama has one of the highest railroad fatality rates in the nation. Our accident lawyers in Birmingham note just last year there were 85 vehicle collisions and 19 pedestrians deaths involving trains. Alabama ranked in the top 15 for overall railroad fatalities, according to records from the Federal Railroad Administration. In fact, Alabama media outlets in January reported numerous train accidents throughout the state in a single week. On railroad tracks on Alabaster Road in Jefferson County, a man fell asleep and was struck and killed by a freight train. That incident followed a crash in which four people in a van died in Chilton County after they tried to cross a set of tracks near Thorsby. Four others inside were seriously injured. There had been no traffic barriers at the crossing. In Tuscaloosa, three deaths were reported in January due to train and car crashes. Two other incidents were reported in Bessemer, though there were thankfully no fatalities.

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Vicarious Liability in Alabama Car Accident Injury Cases

Apr 17, 2014 - Car Accidents by

In filing a Tuscaloosa car accident lawsuit, an experienced plaintiff attorney looks beyond those obviously negligent. The at-fault driver behind the wheel will be named in any negligence lawsuit. However, other parties may be found vicariously liable for the actions of that driver. In English common law, this was known as the “theory of respondeat superior.” This is the principal that allows employers to be held liable for the actions of an employee committed within the line and scope of his or her employment. The employer or vehicle owner can also be sued for independent torts such as negligent entrustment and/or negligent hiring, training and/or supervision. Each state has their own laws and limitations on vicarious liability. At the federal level, Congress passed a measure in 2005, called the Graves Amendment, which bars states from holding vehicle rental or leasing firms liable for negligence in cases where customers cause accidents.

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"I have been friends with Dell Cross since we were roommates at UA Law and have had the pleasure of conferring with Cross & Smith, LLC in a professional capacity for many years. As a law office which specializes in domestic relations and family law matters, it is imperative that my office maintain a consistent client referral relationship with a law firm which can effectively address personal injury matters brought to us by our clients."
Posted By: Mark Sterling Gober

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