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Dec 12, 2012 - Car Accidents by Cross & Smith

According to the National Highway Traffic Safety Administration (NHTSA), the total number of car accident fatalities in 2011 was down close to 2 percent from 2010 numbers. Statistics released this week for 2011 sound like good news, right? Let’s take a closer look. Our Tuscaloosa car accident attorneys understand that the number of bicyclist, pedestrian and motorcyclist fatalities actually increased. The main reason credited for the overall decrease in the number of traffic accidents is because the total number of vehicle miles traveled was down. With the struggling economy and the rising gas prices, less were driving and more were traveling on foot, on a bicycle or on a motorcycle. Because of that, accidents were more prevalent among these travelers.

Dec 6, 2012 - Truck Accidents by Cross & Smith

Last month, our Birmingham truck accident lawyers discussed proposed changes to Federal Motor Carrier Safety Administration (FMCSA) rules. The changes will give FMCSA broader authority to suspend or revoke the operating licenses of motor carriers if they show egregious disregard for compliance with safety rules or if they close up shop when placed out of service for safety violations, only to open under a new name. Our truck accident attorneys in Birmingham are wholly in support of efforts to make it easier for FMCSA to stop motor carriers from engaging in unsafe practices that could hurt innocent victims. Today, we want to take a closer look at some of the reasons why the new rule is necessary to give FMCSA the authority it needs.  The Implications of Proposed Changes In December of 2010, the Service Center Director for the Midwestern Service Center published a report entitled “Patterns of Safety Violations by Motor Carrier Management Practical Implications on Investigations and Enforcement.”

Dec 4, 2012 - Birmingham by Cross & Smith

This winter season, many teen drivers will be getting their drivers’ licenses for the first time. Others will be going into their first winter driving season, and still others who are away at college will be driving home for their winter break. If you are the parent of a teen driver, you may have concerns about your child’s safety during the dangerous winter driving months. These concerns aren’t unfounded since Centers for Disease Control reports indicate that car accident deaths are the leading cause of death for kids ages 16-19. Parents who want to protect their teens from dangerous driving behavior need to be vigilant in making sure that their kids know safe driving rules and that they don’t fall into dangerous situations. Our injury attorneys in Birmingham urge parents to take some time over winter break this year to sit down and talk to their kids about how to reduce the risk of accidents and be a more responsible, safer driver. 

Nov 30, 2012 - Dangerous Products/Liability by Cross & Smith

During the holiday season, children often clamor to get the latest toys off the shelves. Many kids receive dozens of new toys from friends and family members, which means many new products enter your home. Unfortunately, not all of these toys will bring holiday cheer. In fact, some of them may be downright dangerous. As adults shop for toys and kids anticipate unwrapping their new goods, our injury attorneys in Birmingham want to urge parents and other caregivers to exercise caution this holiday season. Making sure toys are age appropriate, keeping tabs on new toys that come into the home and checking product recall lists are all important steps to help keep your children safe from the harm that a dangerous product can cause. Holiday Toy Shopping Risks In 2010, the U.S. Consumer Product Safety Commission (CPSC) released a report on toy recalls and toy injuries. According to the report, the number of toy recalls has been declining in recent years. In 2010, for example, 44 recalls were necessary as compared to 50 in 2009 and 172 in 2008. Toy-related fatalities were also on the decline, with 12 reported deaths of kids under 15 in 2009 as compared to 24 deaths in 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/ and 2008.

Nov 28, 2012 - Car Accidents by Cross & Smith

The holiday season is a time for celebrating with friends and family. Unfortunately, the time from Thanksgiving to New Year’s generally results in an increased number of auto accidents, both because there are more drivers on the road and because more of those drivers engage in dangerous behaviors like drinking and driving. Unfortunately, a car accident over the holidays can have serious and far-reaching consequences and can change lives forever. Over the holiday season, our injury attorneys in Tuscaloosa urge every driver to exercise caution. Refraining from drinking and driving or other dangerous behaviors is always important, but never more so than during the festive season when the risk of accidents is highest.  Alabama Drunk Driving Accidents Cost Lives Despite law-enforcement efforts to enforce drunk driving laws, some drivers who go out for a good time over the holiday season end up driving home drunk. The tragic consequences of Alabama drunk driving accidents can be seen every day in those who are injured and in families who lose loved ones.

Nov 25, 2012 - Car Accidents by Cross & Smith

Through Thanksgiving and the year-end holiday season, many families will be having parties and get-togethers and will be hitting the malls and shopping centers to pick up gifts. Most estimates indicate that the number of drivers on the roads goes up during the four-day Thanksgiving weekend as well as during the Christmas holiday, and many experts advise caution when it comes to driving during these busy times. Unfortunately, the holiday driving dangers don’t exist just on highways and roadways. Parking lots and driveways are dangerous places with more people on the road and there is a significant risk of backover accidents.  Our car accident lawyers in Birmingham urge everyone to be very careful in driveways and parking lots this holiday season in order to minimize the chance of a backover accident. Those with children need to be especially cautious of the dangers, as should elderly individuals who may not be able to get out of the way of a reversing car.

Nov 21, 2012 - Truck Accidents by Cross & Smith

There are a wide variety of laws and regulations governing commercial transportation in the United States. Many of these regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA). Safety rules regulated by the FMCSA are intended to ensure that commercial vehicles are well-maintained; that commercial drivers are held to a higher safety standard; and that best practices are used in the operation of commercial motor vehicles. Unfortunately, safety regulations and laws work only if they are obeyed and some motor carriers simply refuse to comply. Some companies disregard the regulations, skirt the safety requirements and otherwise engage in unsafe operating practices. Many of these commercial transport companies will simply close up their operations when they’ve been put out of service due to violations and will open up under a new name. When a motor carrier repeatedly refuses to comply with safety rules, this can present very significant dangers to passengers of the motor coaches or to other drivers on the road. As such, our truck accident lawyers in Tuscaloosa applaud new efforts by FMCSA in taking swift action against certain violators.

Nov 15, 2012 - Medical Malpractice by Cross & Smith

Contaminated steroid injections blamed for at least 32 deaths in 19 states have led federal investigators to sterility problems at a second New England drugmaking facility. Ameridose is one of the leading suppliers of pre-filled syringes and is now under fire in a widening probe into dangerous drugs that have put thousands of patients at risk. Alabama pharmaceutical attorneys understand the widening probe into activities at Ameridose means the risks may be far from over. Ameridose agreed to shut down for inspection in October after its sister company, the New England Compounding Center, was blamed for distributing steroid injections containing fungal meningitis to health clinics nationwide.  USA Today reported this week that the head of the Food and Drug Administration will ask lawmakers to grant the agency more authority to oversee such compounding facilities. Congress is racing through hearings and calling for legislation so there is now little doubt reforms will be enacted. However, as Reuter News reports, Congress has known about the risks posed to consumers by such facilities for a number of years. In 2007, it killed the Safe Drug Compounding Act sponsored by the late Senator Ted Kennedy amid heavy lobbying from the pharmaceutical industry.

Nov 14, 2012 - Birmingham by Cross & Smith

When it comes to drowsy driving, professional drivers, train engineers and pilots may be at even higher risk. Our Birmingham personal injury lawyers urge motorists to take seriously the risks of driving tired as safety advocates promote the message of Drowsy Driving Prevention Week: “Drive Alert – Arrive Alive.”  As we reported recently on our Alabama Injury Attorneys Blog, driver fatigue is one of the top causes of trucking accidents nationwide. Shift workers are already at high risk and health advocates continue to be concerned about the high number of truckers suffering from sleep apnea.

Nov 8, 2012 - Birmingham by Cross & Smith

When it comes to tractor-trailer accidents in Alabama, determining cause can be a complex process. Alabama is also a state that recognizes pure contributory negligence, meaning if a victim is only partially at fault, he or she is prevented from collecting any damages from the other driver(s) also partially fault, even if the other driver(s) is determined to be primarily at fault. In looking at the Federal Motor Carrier Safety Administration’s list of top causes of trucking accidents, it becomes apparent that driver behavior is often to blame: -Brake problems -Traffic congestion -Prescription drug use -Driving too fast for road conditions -Driver unfamiliar with road -Roadway problems -Failure to obey traffic control law -Over-the-counter drug use -Inattentive driver -Driver fatigue However, as the U.S. Department of Transportation points out, crashes are complex events and are rarely caused by a single factor. “Elements that influence the occurrence of a crash may take place hours, days, or months before the crash,” the report states. “They include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions.”