Alabama Bus Accidents Can be Complex: Lyons v. Lancer

May 27, 2012 - Bus Accidents by

More often than not, personal injury lawsuits last several years. However, a recent Second Circuit Court of Appeals case was decided regarding a 1989 bus accident. If you are involved in a car accident in Tuscaloosa, it is important to have the guidance of an experienced Tuscaloosa injury attorney. Lyons v. Lancer insurance Company deals with the complex areas of personal injury lawsuits. The case arose in 1989 when a school bus driver, Michael Thomas (Thomas), collided with a passenger vehicle being driven by Mr. Lyons (plaintiff). Thomas was employed with T.F.D. Bus Company (TFD), a commercial transportation company based out of New York. The majority of TFD’s business came from their school bus services for children. The school buses in the TFD fleet were also used on occasion to transport small parties for day trips.

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Car Accident Risks Increase Over Memorial Day

May 23, 2012 - Car Accidents by

The Memorial Day holiday weekend is expected to be deadly. Safe driving advocates with the National Safety Council (NSC) are predicting that more than 400 people are going to die in car accidents in Tuscaloosa and elsewhere over the three-day holiday weekend. Experts are also predicting another 42,000 auto accident-related injuries during the weekend. The Memorial Day holiday weekend is defined as the time from 6:00 p.m. on Friday the 25th through 11:59 p.m. on Monday the 28th. During this time, motorists are asked to be extremely cautious on our roadways as the significant increase in motor vehicle traffic is expected to result in an increase in the number of serious and fatal accidents. Typically, the Memorial Day holiday weekend sees a 12 percent increase in the number of fatal car accidents compared to similar non-holiday weekends. During this time of the year, millions of Americans are expected to hit the road to kickoff the summer travel season. Our Tuscaloosa accident attorneys understand that long weekends offer residents and visitors with just enough time to hit the road and to get out of town. Unfortunately, everyone else has the same idea, too. For that reason, ocal and state law enforcement agencies will be out in force.

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Fault in Alabama Car Accident Cases: Zito v. Advanced Medical Services

May 20, 2012 - Car Accidents by

The roads can be dangerous for anyone driving. One moment of careless driving in Tuscaloosa can lead to a lifetime of injuries. If you have been in an accident and need guidance to get the compensation you deserve, it is critical for you to have an experienced Tuscaloosa injury attorney. Recently the Louisiana courts dealt with a lawsuit arising from an unusual vehicle accident. This case arose in 2006 when an ambulance had to pull over to the shoulder of a four lane highway to deal with transmission problems. Zito v. Advanced Emergency Medical Services, Inc., No. 2011-C-2382 (La. May 8, 2012).The ambulance was covered in reflective tape making it highly visible to cars on the highway, from a far distance. This ambulance was owned by Advanced Emergency Medical Services, Inc. (Advanced) and insured by Empire Indemnity Insurance Company (Empire).

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Tuscaloosa Car Insurance Policies: A Look at Swartzbaugh v. Encompass Ins.

May 10, 2012 - Car Accidents by

When you are involved in a car accident in Tuscaloosa, you may be confused over your rights. Our personal injury attorneys understand your confusion and we are here to help you get the benefits necessary to pay for lost wages, medical bills, pain and suffering and other expenses. Swartzbaugh v. Encompass Insurance Company of America is a recent Maryland case that shows the confusion that is often times created by language in automobile insurance policies. Mrs. Swartzbaugh purchased auto insurance from the defendant, Encompass Insurance Company of America, through a local independent insurance broker. The automobile insurance policy named Mrs. Swartzbaugh, her husband Mr. Swartzbaugh and their daughter Kelly as drivers. Mrs. Swartzbaugh purchased the minimum mandatory under-insured motorist (UM) but waived the higher UM coverage option. This waiver was done on a standard form and signed by Mrs. Swartzbaugh. As in many states, a waiver of further insurance coverage remains in effect until the clients withdraw the waiver and purchase additional insurance coverage.

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Motorcycling Accidents in Tuscaloosa and Elsewhere Targeted by Safety Awareness Month

May 4, 2012 - Car Accidents by

Roughly 80 percent of the time, motorcyclists are faced with serious risks of injury and even death in the event of an auto accident. The occupants of motor vehicles suffer from severe injury or death only 20 percent of the time. Because of the risks that motorcyclists face on our roadways, the entire month of May is dedicated as Motorcycle Awareness Safety Month, according to the National Highway Traffic Safety Administration (NHTSA). Safe driving advocates are calling on the help of motorists to remember riders as the spring and summer riding season begins. Our Tuscaloosa motorcycle accident lawyers understand that motorcyclists are oftentimes overlooked by the drivers of passenger vehicles. The Alabama Motorcycle Safety Program was designed to help our two-wheeled friends to defend themselves on our roadways. This program offers some serious motorcycle riding courses for riders in an attempt to teach them how to navigate our roadways as safely as possible. In 2009, there were nearly 100 motorcyclist fatalities in the state of Alabama. Most of these motorcycle accidents occurred in Tuscaloosa, Jefferson, Mobil and Baldwin counties.

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Prom & Graduation Season: Car Accidents in Tuscaloosa and Elsewhere

Apr 23, 2012 - Tuscaloosa by

Officials are already doing their part in pushing for prom and graduation safety — all we need now is the participation of area high school students. According to ABC 33/40, Central Alabama’s largest emergency ambulance service provider is working alongside other public safety agencies and Tuscaloosa County High School’s Pride Chapter to kickoff this year’s “Prom Promise.” The goal of Prom Promise is to reduce drinking and driving. It’s an all too common scenario, alcohol-related car accidents in Tuscaloosa and elsewhere throughout the state during prom and graduation season. Many of these types of accidents wind up with fatal results. Don’t let your teen become a victim. Ask them to make the Prom Promise and vow to be safe and sober behind the wheel during this year’s prom. “If we can stop at least one person from doing this on prom night, then all our efforts are worth it!” said Debbie Blake, the Operations Manager for NEMS Tuscaloosa.

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Alabama Personal Injury Expert Testimony and a Look at Newell Rubbermaid v. Raymond Corp.

Apr 18, 2012 - Dangerous Products/Liability by

You can sustain an injury doing almost anything. But when you suffer an injury because of someone else, how do you prove that they are at fault? One of the key components to proving certain types of Tuscaloosa personal injury cases is providing expert witness testimony. The law governing expert witness testimony is complex. Federal Rule of Evidence (FRE) 702 governs the admissibility of expert witness testimony in federal court i.e. necessary qualifications of an expert witness, requirement that expert’s testimony be based on reliable principles and methods. In Newell Rubbermaid v. Raymond Corp. a federal appeals court addressed, among other things, the admissibility of expert witness testimony. This case arose where Hashman (Victim) was working in a factory for Newell Rubbermaid, Inc. (Newell or Employer). The victim was required to use a Dockstocker forklift which was manufactured by Raymond (Manufacturer). As part of the design of this forklift, the rear of the machine had no guard door to protect the operator.

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Judicial Review in Workers’ Compensation Cases Discussed in Gilmore v. Director, Department of Labor

Apr 9, 2012 - Workers' Compensation/Work Injury by

The law surrounding workers’ compensation (WC) for federal employees is very complex. In many cases, a federal employee’s initial application for WC can mean the difference between receiving benefits or not. This is why it is so important to complete your workers’ compensation petition properly. Our experienced Tuscaloosa Workers’ Compensation Attorneys understand how important this is, and we can help protect your rights at each stage of the process. Gilmore v. Director, Department of Labor is an 11th Circuit workers’ compensation case that centers on jurisdiction and the Federal Employees’ Compensation Act (FECA). “FECA is a comprehensive and exclusive workers’ compensation scheme for federal civilian employees who are injured or killed while performing their work duties. ” Gilmore v. Director, Department of Labor, No. 11-12747 (11th Cir. Feb. 6, 2012); see also Nobel v. United States, 216 F.3d 1229, 1234 (11 Cir. 2000).

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Alabama Personal Injury: Car Accidents Target of Distracted Driving Month

Apr 3, 2012 - Car Accidents by

This is the month! It’s the month to put an end to talking on your cell phone and text messaging behind the wheel. Why this month? Because it’s National Distracted Driving Awareness Month 2012! It’s as good of a month as ever. Every year, throughout the entire month of April, the National Safety Council, our Alabama personal injury attorneys and safe driving advocates across the country work together to help to spread the word about the dangers associated with distracted driving and to encourage more drivers to hang up the phone, put distraction aside, and focus on the road. The truth of the matter is that distraction-related car accidents took the lives of more than 3,000 people in 2010. That’s 3,000 people who didn’t have to die. They were killed by the irresponsibility of drivers. Our Tuscaloosa injury lawyers understand that about 25 percent of all motor vehicle accidents involve a driver who is distracted by the use of a cell phone. That’s no surprise when you consider that using either a hand-held or a hands-free cell phone makes a driver four times more likely to get into an accident. Texting increases a driver’s risk for an accident by nearly 25 times. It’s so bad that using a cell phone at the wheel gives a driver the same reaction time as a driver who is legally drunk. Using a cell phone while driving reduces the amount of brain activity that is associated with driving by about 40 percent.

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Expert Testimony and Alabama Personal Injury: a Look at Dubiel v. Montana Department of Transportation

Mar 27, 2012 - Personal Injury by

When you are injured because of the fault of someone else, establishing liability can be complicated. Our Tuscaloosa injury attorneys understand that the law is complex, and we can help defend your rights in the wake of a serious or fatal accident. Dubiel v. Montana Department of Transportation is a case that examines the plaintiff’s burden of proof in injury cases based on negligence. This case is important because it shows the importance of expert testimony in Tuscaloosa injury cases. Jerome Dubiel was traveling on a highway in Montana during a time of extremely high winds. These winds persisted for two hours causing trees to be blown down and scatter on the road. There were several employees from the Montana Department of Transportation (“MDT”) within the area assessing road conditions, working on the power lines, as well as removing trees from the roads. Jerome was temporarily stopped by an employee of the MDT who was clearing debris from the highway, when a tree fell onto Jerome’s car causing him to suffer a fatal injury. Subsequently, the MDT closed the highway due to weather and road conditions. However, the MDT contends that they did not know of Jerome’s accident when they decided to close the highway.

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