Blog

Mar 12, 2014 - Birmingham by Cross & Smith

Alabama is one of the most dangerous places for bicyclists, ranking fourth in the nation for the rate of cyclist deaths. That’s according to a benchmark study released by the National Alliance for Biking and Walking. In fact, as a more recent report by The Atlantic points out, the Deep South in general has a horrible track record when it comes to cyclist safety. Our Birmingham personal injury lawyers note 10 states in the country had the highest pedalcyclist fatality rates: Florida, South Carolina, Louisiana, Alabama, Mississippi, Georgia, North Carolina, Texas, Delaware and Arkansas.

Mar 11, 2014 - Workers' Compensation/Work Injury by Cross & Smith

A pair of decisions out of the Arkansas Supreme Court recently illustrates how companies will go to great lengths to fight workers’ compensation claims. This is as true in Alabama as it is in Arkansas, and despite the differing jurisdictions, our Birmingham workers’ compensation lawyers know that the issues presented in these cases are highly relevant here as well. The cases involve two separate employees and two separate appeals, but both were involved in the same accident at the same company. The first case is Prock v. Bull Shoals Boat Landing and the second is Edmisten v. Bull Shoals Landing.

Mar 6, 2014 - Birmingham by Cross & Smith

There are many states in which a plaintiff can be at least partially at-fault for an auto accident and still collect compensation – these states adhere to the doctrine of comparative negligence. The degree to which a plaintiff is negligent is called “comparative fault” and the higher it is, the more it will impact the overall amount of compensation to which a plaintiff is entitled. Alabama, though, is different. As our Birmingham car accident attorneys must sometimes explain, here, if a plaintiff is partially at-fault the claim is completely barred under a legal doctrine known as contributory negligence.

Mar 4, 2014 - Personal Injury by Cross & Smith

Fraternities are heavily marketed to young college students as a valuable, right-of-passage experience. The promise of a four-year party can be a powerful draw to a group who will soon be staring down a decade or more of burdensome loan debt. However, the experience has resulted in serious injuries for more than a few. As a recent investigation by The Atlantic revealed, in some cases members are left permanently scarred, disabled – even dead. Our Tuscaloosa injury attorneys recall a case just a few years ago in which a fraternity brother attending the University of Alabama sued the Gamma Alpha chapter of the Pi Kappa Alpha fraternity following an alleged hazing incident that occurred when he was 19.

Feb 20, 2014 - Premises Liability by Cross & Smith

A 7-year-old boy was in critical condition following a 5-story fall from a balcony in Birmingham. Authorities are still investigating what factors may have played a part in the fall. A Birmingham premises liability lawsuit could be a possibility depending on the particular facts of the case. Individual homeowners may also be liable in certain situations. Unfortunately, balcony falls are all too common, often resulting in critical injuries, or even death. Recent balcony falls since the beginning of the year include:

Feb 18, 2014 - Construction Accidents by Cross & Smith

Two men were recently killed in an Alabama construction accident after reportedly falling some 90 feet to the ground from a man-lift on the side of a bridge. Officials with the Occupational Safety & Health Administration are investigating why the lift failed as the two men were reportedly placing wood under a bracket. Our Tuscaloosa construction accident lawyers understand the lift suddenly became detached from the side of the bridge as the two men were working. Both men were employed by Montgomery County’s primary contractor, R.R. Dawson Bridge Company, the company tapped to construct a multi-million dollar bridge at Highway 80 East which would pass over Interstate 85. This was just one portion of a 10-bridge project.

Feb 17, 2014 - Medical Malpractice by Cross & Smith

In 2006, a female patient underwent a hysterectomy at a hospital in Demopolis, about an hour outside of Tuscaloosa. Everything seemed to have gone fine. Then five years later, she sought the assistance of a rheumatologist, as she was experiencing intense pain. An x-ray revealed the presence of a hemostat clamp, lodged in her abdomen – allegedly left there negligently by the surgeon who had conducted the earlier operation. Prior to having the clamp removed surgically, she suffered debilitating pain and life-threatening infections. She later filed a lawsuit, Tucker, Jr. v. Tombigbee Healthcare Authority, which was just recently reviewed by the Alabama Supreme Court.

Feb 15, 2014 - Workers' Compensation/Work Injury by Cross & Smith

The Supreme Court of Alabama recently affirmed a county circuit court’s decision in the workers’ compensation case of David Vinson, Jr. v. G & R Mineral Services, Inc.. Our Birmingham workers’ compensation lawyers recognize that the primary issue in this case was whether the defendant was in fact the worker’s employer, or whether it was a “special employer” (as opposed to a “general employer”), which would make the firm immune from liability. Per the Alabama Workers’ Compensation Act, a company is deemed a special employer when it is the co-employer of the injured worker. It’s sometimes referred to as the “loaned servant doctrine,” wherein one employer assigns its employee to perform services for another employer. In these situations, the employer who assigns the worker is the “general employer,” while the employer to whom the employee was assigned in a “special employer.”

Feb 13, 2014 - Car Accidents by Cross & Smith

Alabama isn’t generally known for being a cold-weather state. You might not be able to tell that, however, if you had ventured out onto the highways over the past several weeks. A 17-car pileup occurred recently in Hoover, just south of Birmingham. Then there were numerous cars and at least five 18-wheelers piled up recently on I-59. And in, Central Alabama, I-65 had to be shut down after numerous 18-wheelers jack-knifed in the middle of the highway. In fact, since Dec. 1, there has been at least one report of a weather-related, multiple-vehicle pileup somewhere in the country, according to a recent analysis by USA Today. Our Tuscaloosa car accident attorneys want to caution drivers to use the utmost care when heading out in bad weather.

Feb 11, 2014 - Medical Malpractice by Cross & Smith

When it comes to emergency health care, Alabama received two failing grades out of five categories, as rated in the 2014 American College of Emergency Physicians. Not only is the care substandard, according to the 2014 America’s Emergency Care Environment report, it’s actually getting worse. The state had been ranked 38th in the nation in 2009. Alabama has since fallen to 44th. For its general lack of support of emergency patients, the state received an overall failing “D” grade. The state was graded in five categories: Access to emergency care, quality of patient safety, medical liability, public health and injury prevention and disaster preparedness. The ratings declined in every single one of those categories, compared to the most recent 2009 ratings.