Blog

Apr 23, 2012 - Tuscaloosa by Cross & Smith

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.

Apr 18, 2012 - Dangerous Products/Liability by Cross & Smith

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.

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

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).

Apr 3, 2012 - Car Accidents by Cross & Smith

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.

Mar 27, 2012 - Personal Injury by Cross & Smith

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.

Mar 6, 2012 - Bessemer by Cross & Smith

Our Bessemer accident attorneys have seen far too many crashes caused by truckers who were either distracted, fatigued or reckless. Causes of accidents involving large trucks over 10,000 pounds are as varied as the people behind the wheel. A study conducted by the Federal Motor Carrier Safety Administration in 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/ looked at the top causes of large truck crashes, and this is what they found: Of a sample of 120,000 large truck crashes analyzed, at least one person was killed in every single case. In nearly 80 percent of these cases, the large truck was pulling one semi-trailer. In 5 percent of the cases, the trucks were hauling materials deemed hazardous. Also in about 75 percent of these crashes, the truck struck another vehicle. When investigators look at the causes of the crash, they sometimes have to analyze what was happening hours, days or even months prior to a crash. That’s because crashes can involve elements such as driver fatigue, driver training and experience or the design and manufacturing of the vehicle itself.

Feb 28, 2012 - Workers' Compensation/Work Injury by Cross & Smith

Our Alabama workers’ compensation and personal injury lawyers understand that construction zones are dangerous for both motorists and workers, especially when people aren’t paying attention. According to The National Work Zone Safety Information Clearinghouse, there were more than 575 people killed in work zones in the U.S. in 2009. Alabama sees nearly a dozen of these kinds of fatalities a year. Of the nationwide fatalities, nearly 50 of the 575 were the result of a pedestrian accident involving a pedestrian and a vehicle or a piece of mobile equipment. Last year, WorkZoneSafety.org released a statement discussing the importance of driver attention and worker protection in our nation’s work zones. The organization asked motorists to practice safe driving in these areas to help protect our roadside workers. Motorists are asked to slow it down, to be cautious on uneven pavement, to abide by posted work zone signs, to stay away from workers and work zone equipment, to keep an eye out for other drivers and to expect the unexpected. Employers are asked to ensure that workers have all of the proper safety equipment to help to reduce the risks of these accidents. With cautious travel and safe working habits, we can all do our part to help to stop these kinds of accidents.

Feb 21, 2012 - Birmingham by Cross & Smith

In an effort to curb Birmingham car accidents and crashes across the state, a new anti-texting bill is getting widespread support in Alabama’s House of Representatives. The Birmingham News is reporting that a number of high-level lawmakers are backing the bill, which would completely outlaw texting behind the wheel in our state. The way our Birmingham car accident attorneys understand it, anyone who violates this law would be slapped with a $25 fine for the first offense, $50 for the second conviction and $75 for the third or subsequent offense. Some wonder if the bill even goes far enough, considering the devastation that distracted driving can cause on Alabama’s roads.

Feb 15, 2012 - Car Accidents by Cross & Smith

A new bill is expected to be offered in Washington that will potentially rework federal transportation programs to offer millions of dollars in funding to deserving states for incentives to help to reduce the risks of drunk driving car accidents in Alabama and elsewhere. The goal is to help lawmakers enact tougher penalties for those convicted of a first-time drunk driving offense, according to The Hill. Not everyone’s on board though, saying that these kinds of programs require millions and millions of dollars to be successful. It’s takes community effort and seemingly endless funds for these types of programs. What we’re talking about is Title V. This bill could potentially free up about $500 million every year for highway safety grants in deserving states. About 5 percent, or about $25 million, of that funding would be handed over to states that already require ignition interlock devices for first-time drunk driving offenders. Drunk drivers scare us, too! Our Alabama drunk driving accident attorneys understand that every year, drunk drivers take the lives of thousands of innocent motorists across the U.S. What’s most sad about it is that these accidents are preventable. These victims didn’t have to die.

Feb 7, 2012 - Car Accidents by Cross & Smith

Teens are at high risks for car accidents in Montgomery, Alabama and elsewhere. Their inexperience behind the wheel hinders their ability to safely navigate our roadways. But did you know there are things you and your teen driver may be doing that can be increasing those risks? According to two new studies released in the Journal of Adolescent Health, passengers and parental involvement can make or break your teen’s safety behind the wheel. Both of the recent studies concluded that comprehensive graduated driver’s licensing (GDL) programs and parental oversight are effective ways to help to reduce the risks of teen car accidents. One of the studies looked at the driving habits of nearly 200 teenage drivers in 15 different states with graduated drivers licensing (GDL) programs. After analyzing their driving behaviors, researchers concluded that teens who had parents who were involved in monitoring the young driver’s habits were less likely to act dangerously behind the wheel. The teen drivers with parents who stayed aware of their teen’s whereabouts and their driving habits were typically safer behind the wheel.