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Jul 11, 2012 - Car Accidents by Cross & Smith

If you are between the ages of 5 and 34, you are more likely to die in a motor vehicle accident than by any other means. And Alabama is among the nation’s deadliest states in which to drive, according to a 24/7 Wall Street analysis. The analysis is based on a report by The Trust for America’s Health, which looked at recent state-by-state data on causes of injuries and death. Our Alabama personal injury attorneys were not surprised to learn that Alabama is the nation’s third-deadliest state for motorists.

Jul 5, 2012 - Personal Injury by Cross & Smith

Identifying all of the at-fault parties, and their associated insurance carriers, are among the most critical tasks of a Tuscaloosa personal injury lawyer. Progressive Northern Insurance Co. v. Mohr, a case decided by the Delaware Supreme Court, involved a pedestrian accident victim. The victim recovered $15,000 from the insurance carrier of the vehicle involved in the accident. But he also sought to recover from Progressive Northern Insurance Company, which had a policy in place on a vehicle owned by the victim’s mother. The policy excluded coverage of Mohr as result of a pedestrian accident. The question before the court was whether such an exclusion was permissible or whether an insurance company had to include pedestrian accidents in its personal injury protection (PIP) coverage. In this case, the Supreme Court decided Mohr could collect from the PIP policy in place on his mother’s vehicle. And that the exclusion conflicted with Delaware’s automobile insurance laws. Thus, in addition to the $15,000 collected from the at-fault driver’s insurance policy, the court ordered Progressive, which insured the victim’s mother, to pay an additional $85,000! The court ordered the $15,000 be subtracted from the $100,000 policy limit in place.

Jun 28, 2012 - Car Accidents by Cross & Smith

Officers throughout the state are gearing up for the big travel holiday. Car accidents in Alabama will be a concern as everyone aims to get to and from their destination safely. According to the National Safety Council (NSC), more than 170 people are expected to be killed in traffic accidents during this holiday. In addition, experts are predicting that another 17,000 are going to be injured in motor vehicle accidents. Holiday periods typically see some of the highest accident rates of the entire year. That’s because we’ve got so many more motorists trying to share the road. Keep your temper, obey the rules of the road, and practice the kind of safe driving habits that can help you and your family get there safely! Our Alabama personal injury lawyers understand that Fourth of July travel is expected to be busier than it’s been in 5 years — despite the holiday falling in the middle of the week.

Jun 19, 2012 - Truck Accidents by Cross & Smith

According to recently-released statistics by the National Highway Traffic Safety Administration (NHTSA), there were nearly 110 large trucks that were involved in fatal trucking accidents in Tuscaloosa and elsewhere in Alabama in 2010. For statistical purposes, a large truck is considered a truck whose gross vehicle weight is over 10,000 pounds. Throughout the nation, there were nearly 3,700 people who were killed in these kinds of big rig accidents that year. There were also another 80,000 people who were injured in trucking accidents. Reports indicate that there were close to 280,000 trucks involved in traffic accidents in 2010. This is an issue of growing importance because the number of trucks on the nation’s roads is projected to grow substantially in coming years. And passenger vehicles are at an extreme disadvantage in the event of an accident with a large commercial vehicle. Large trucks operate differently than our passenger vehicles. They are also larger, heavier and more powerful. This is why so many of the fatalities in these kinds of accidents occur to the passengers of other vehicles involved. In 2010, nearly 73 percent of the fatalities were of passenger vehicle occupants, about 2 percent were non-occupants and close to 25 percent were of the occupants of the large truck

Jun 13, 2012 - Car Accidents by Cross & Smith

Texting while driving is dangerous. This is especially relevant when we’re talking about teenage drivers. As a matter of fact, teen drivers not only have the highest rates for car accidents in Alabama, but they are also the driving group that’s most likely to engage in distractions behind the wheel. There is no better time than the beginning of summer vacation to have a serious talk with the teens in your life. Various studies have concluded that drivers understand the dangers that are associated with this dangerous habit, but most of them are not willing to make the changes to increase roadway safety. Young drivers are most prone to ignoring the risks. Perhaps you heard recently about the Massachusetts teen who was charged with vehicular manslaughter and negligent operation while texting after a fatal distracted driving accident. At the conclusion of the ground-breaking case, the teen was sentenced to a year in prison and had his driver’s license suspended for 15 years because of the accident, according to FOX News.

Jun 5, 2012 - Tuscaloosa by Cross & Smith

For the entire month of June, officials with the National Safety Council (NSC) are promoting National Safety Month. Our Tuscaloosa workers’ compensation attorneys understand that there are small steps that we can all take to help to reduce our risks of injury — both on and off the job. Officials with the NSC will be featuring safety topics throughout the month. Follow along and work toward a safer time both at work and off the job. Here’s the setup for the month-long campaign: -June 3rd – 9th: Employee Wellness -June 10th – 16th: Ergonomics -June 17th – 23rd: Preventing Slips, Trips and Falls -June 24th – 30th: Driving Safety This annual observance is used to educate and encourage safe behaviors to help to reduce the risks of work accidents in Tuscaloosa and elsewhere. This year’s campaign is encouraging safe behavior — all day every day. Each week will be dedicated to a different type of injury, ones that are all too frequent in our everyday lives. Review each week’s materials to help to reduce your risks of needless and preventable injuries.

May 27, 2012 - Bus Accidents by Cross & Smith

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.

May 23, 2012 - Car Accidents by Cross & Smith

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.

May 20, 2012 - Car Accidents by Cross & Smith

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).

May 10, 2012 - Car Accidents by Cross & Smith

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.