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Trucking Accident Claims Depend Upon Properly Identifying Responsible Parties: D.P. Holmes Trucking LLC v. Butler

Aug 17, 2012 - Truck Accidents by

One of the most complex aspects of a serious or fatal Alabama tractor-trailer accident is identifying the responsible parties and determining who to pursue for damages. A truck driver, trucking company, truck leasing corporation, truck maintenance contractor and even the owner of a truck’s freight or the manufacturer of a rig may share blame for a serious or fatal accident. Thus, properly identifying at-fault parties is critical when filing your lawsuit. In D.P. Holmes Trucking LLC v. Butler, the Mississippi Supreme Court examined whether a circuit court erred in allowing the plaintiff to amend his personal injury lawsuit to include Holmes Trucking. While Mississippi state law is not directly relevant in Alabama, such court decisions could still be looked at when establishing legal precedent in a negligent injury claim involving a trucking accident. This case involved a 2006 personal injury claim filed by Lester Butler against David Holmes and John Does 1-5. Butler was later granted permission to amend the complaint to include Holmes Trucking. However, the lawsuit language substituted Holmes Trucking for Holmes. Butler later filed a second amendment to properly identify Holmes Trucking, without permission of either the court or Holmes Trucking. The trucking company promptly moved for a motion to dismiss or summary judgement. After the court ruled against the company, finding the amendment simply corrected a “misnomer” in the original lawsuit’s language, the trucking company filed notice of interlocutory appeal, requesting the state’s Supreme Court grant a dismissal with prejudice.

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ADOT Has Bus Safety in Focus this August

Aug 15, 2012 - Bus Accidents by

The Alabama Department of Public Safety will be conducting passenger-carrier safety inspections this week as part of the National Passenger Carrier Strike Force Initiative. The Huntsville Times reported the national initiative sponsored by the Federal Motor Carrier Safety Administration runs though Aug. 27. Whether you are choosing a motor coach for summer vacation, or teaching your child school bus safety, Alabama bus accident attorneys understand fall is a dangerous time for accidents involving passenger carrier vehicles. Several high-profile bus accidents recently, including two fatal accidents this month in Illinois, have the safety of discount passenger carriers making news once again. The rise of discount carriers has increased the risk of busing accidents. Many of these operators save on overhead by offering curbside pickup, rather than providing terminals for passengers. However, the National Transportation Safety Board reports these curbside companies have an accident rate 7 times higher than traditional terminal carriers.

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Alabama Tractor-Trailer Accidents and Hour-of-Service Limits

Aug 13, 2012 - Truck Accidents by

Road Safe America and other traffic safety advocates are pushing The Federal Motor Carrier Safety Administration to adopt hours-of-service regulations for truckers similar to those in place for airline pilots. “Truck drivers don’t have co-pilots, don’t have auto-pilot and must stay especially alert whenever driving since they share the public thoroughfares with the motoring public,” said RSA President Steve Owings. The Owings family lost their son in a trucking accident. New limits for pilots have been set at 8 or 9 daily hours of flying. In comparison, the feds reduced the number of trucking hours some drivers can log each day from 11 hours to 10. The revised rules were trumpeted as increased enforcement after a relaxation of old rules passed under the Administration of George W. Bush.

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Alabama Travel Breakdown: Stay Alert, Stay Safe

Aug 9, 2012 - Car Accidents by

Our Tuscaloosa personal injury attorneys understand the dangers that motorists face in the wake of a breakdown, or when they run out of gas. The side of the road, with traffic flying by, poses serious risks. And the fact of the matter is that these secondary accidents are quite common. There are things you do in the event of a breakdown to help avoid such secondary collisions. It can happen to any of us — an accident, a breakdown or running out of gas. Whatever the reason may be, it’s dangerous to pull over. You want to make sure that you pull your vehicle as far off of the road as possible. Flip on your car’s hazard lights, particularly if your vehicle is causing an obstruction to passing motorists. There are shoulders on the side of the road. They’re there to help motorists in a bind. Only use these areas in an emergency. Your best bet is to drive to a safe place before stopping, if you can.

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ATV Accidents in Alabama are a Summer Risk

Aug 6, 2012 - ATV/SUV Rollover Accidents by

ATV accidents in Alabama are a summer risk. Our personal injury attorneys understand that there are ATVs all over this state during this time of the year. We typically see more ATV accidents during this time of the year because kids are out of school and many residents are out enjoying summer vacations. Both parties are likely to hop on their ATV and head out. With more riders there are more risks for accidents. The problem is a little more serious than some might think. As a matter of fact, there were more than 780 people who died in ATV accidents across the country in 2009. According to ATVSafety.gov, another 132,000 people were injured in these kinds of accidents. The state of Alabama sees its fair share of riding accidents, particularly during summer and fall months. There were more than 50 ATV accident fatalities reported in the state from 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/ to 2009.

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Trucker Shortage Increasing Accident Risks in Alabama

Aug 1, 2012 - Truck Accidents by

A shortage of truckers could be increasing your risk for an accident on Alabama roads. The Truckload Carriers Association estimates there are as many as 200,000 long-haul trucker job openings nationwide. And the U.S. Bureau of Labor Statistics expects more than 330,000 new trucking jobs by 2020. That’s a 20 percent increase on top of the 1.5 million commercial truck drivers already on the nation’s roads. The median annual wage for a trucker is just under $38,000 — the top 10 percent of drivers make more than $58,000 annually. Alabama trucking accident attorneys know there are a number of hurdles to reducing the risk of tractor-trailer accidents. CNN Money reports hurdles in the certification process contribute to the shortage. Still, a licensed driver can take an 8-week course at a cost of about $6,000 and graduate with all the skills the law requires to drive a big rig up and down the nation’s highways. Drivers can spend 7 days a week on the road, often living in the cramped quarters of a truck cab, for weeks at a time.

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Alabama Traffic Accidents Likely to Increase with Economic Recovery

Jul 27, 2012 - Car Accidents by

If your daily commute seems to have gotten more perilous recently, you might not be imagining things. The number of traffic fatalities in the first quarter of 2012 soared by nearly 14 percent, resulting in nearly 1,000 more deaths on the nation’s roads. Tuscaloosa personal injury attorneys may see an uptick in all types of accident cases as the economy improves. While the federal government and safety advocates have trumpeted declining traffic fatality numbers throughout the downturn, many economists predicted those numbers would soar again with economic recovery. The National Highway Traffic Safety Administration estimates 7,630 people died in motor vehicle accidents during the first three months of 2012. That’s up 13.5 percent from the 6,720 fatalities reported during the same period one year ago. If the estimate holds true, it would be the second-largest quarterly increase in traffic fatalities since the government began keeping modern records in 1975. First-quarter results had been declining since 2006, when 9,558 motorists were killed through March 31.

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Speed Limiters & Trucking Accident Risks in Alabama

Jul 24, 2012 - Truck Accidents by

Serious consideration is being given to requiring all tractor-trailer’s traveling on the nation’s roads to incorporate automatic speed-limiting technologies. Officials with the Advocates for Highway and Auto Safety have joined the debate with the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) regarding the potential requirement for large truck speed-limiting technologies. This was the result of petitions filed by Road Safe America and the American Trucking Association to help to get large commercials vehicles to slow down on our nation’s highways. Slower traveling trucks help to reduce the risks of serious injury and death in the event of a trucking accident in Alabama. The AAA Foundation for Traffic Safety is in on it too, saying that speed governors for large trucks should be required on all commercial vehicles. The technology is already mandatory in many other countries.

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Alabama Swimming Pool Accidents a Summer Risk

Jul 17, 2012 - Personal Injury by

As we reach the height of summer, our Tuscaloosa personal injury attorneys would like to take time to talk to you about the importance of water safety and avoiding swimming pool accidents in Alabama. The Centers for Disease Control reports about 10 people a day die as a result of drowning accidents. About 3,500 drown while swimming, and another 350 die from drowning as a result of boating accidents. In addition, thousands are seriously injured by near-drowning. And the data shows many will need significant hospital care for serious injuries, including brain injuries. Brain injuries caused by lack of oxygen can result in long-term disabilities, including memory and learning problems. Half of near -drowning victims treated in hospital emergency rooms require extended care, including those whose injuries result in permanent vegetative state.

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Alabama Trucking Accidents are a Summer Travel Risk

Jul 16, 2012 - Truck Accidents by

One person was killed in a Calera, Alabama trucking accident recently. The crash involved two tractor-trailers and a passenger vehicle that claimed the life of a 26-year-old Bessemer man who was a passenger in the 1990 Ford Clubwagon. Three other occupants of the van were injured and taken to the hospital, as well the driver of one of the semi-trucks. The The driver of the other rig was not injured. Our Alabama personal injury attorneys know that the occupants of passenger vehicles are most at risk in accidents with large trucks. As we recently noted on our Alabama Injury Attorneys’ Blog, the government reported 110 large trucks were involved in trucking accidents in Alabama in 2010.

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"My father-in-law was involved in a horrible traffic accident. The firm was great at handling all of his questions. In the end they got him a great settlement, but the thing he remembers most is that the people at the law firm cared about him as a person. I would highly recommend them to anyone in need of legal services."
Posted By: Jaimie Copeland

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