Category: Car Accidents

Mar 13, 2015 - Car Accidents by Cross & Smith

More than half of the states in the U.S. have instituted statutes that can assign liability to parties who serve alcohol to intoxicated individuals who then cause car accidents. These are commonly known as dram shop laws. Alabama currently has no such laws, according to the National Conference of State Legislators. Even without dram shop laws in Alabama, however, individuals who provide alcohol illegally can still be held liable for related injuries under state civil law. Anyone who suffers injuries due to incidents like these should seek advice from an experienced Tuscaloosa injury lawyer to take advantage of all legal rights available to them. In Alabama, Drinkers are Considered Negligent When They are Over-served Alabama law holds drinkers of legal age squarely responsible for their own actions, as long as the individuals who supply the alcohol do so legally. With no dram shop laws in place, bartenders do not have to assess the sobriety of their adult patrons. The law does not require them to refuse to serve intoxicated customers or prevent them from getting behind the wheel of a car. This is not to say that Alabama has no laws pertaining to alcoholic beverage sales and consumption. In 1990, the Alabama Alcoholic Beverage Control Board implemented a Responsible Vendor Program (RVP). Although the program is largely voluntary, it helps ensure that drinking establishments stay within legal boundaries for serving alcohol. Of course, these laws actually extend beyond drinking establishments to anyone who serve intoxicating beverages. The RVP provides a […]

Dec 12, 2014 - Car Accidents by Cross & Smith

Between 2003 and 2012, 723 Alabama pedestrians suffered traffic-related fatalities. This number earns the state its high national Pedestrian Danger Index ranking, according to SmartGrowthAmerica.org, Younger and older pedestrians seem most susceptible to danger, with 49 children under 16 and 93 adults making up a significant portion of the statistics. Negligent drivers are at fault for many of these accidents; but they are not necessarily the only cause. Experienced Tuscaloosa car accident attorneys understand the importance of investigating beyond the obvious causes to help protect the rights of injured clients and their families. Common Causes of Clashes between Cars and Pedestrians Establishing all underlying causes is essential to identifying all parties who have liability for any accidental injury legal case. The following are some of the individuals who may share liability in a pedestrian accident: Negligent drivers: Drivers who are under the influence of drugs or alcohol, driving too fast for conditions or distracted can fail to notice or react to a pedestrian on the road. Dangerous roadways: Curvy roads can reduce the ability to see pedestrians crossing the road. Potholes can send pedestrians and vehicles out of control. Overgrown foliage can also block the vision of drivers and pedestrians. In other words, everyone from municipalities to private property owners can share liability for these devastating accidents. Guardians of the very young and the very old: Some individuals, such as small children or senior citizens require 24-hour care to protect them from any number of daily hazards. Whether they do […]

Nov 28, 2014 - Car Accidents by Cross & Smith

For most parents, the day their teens get their driver’s licenses is a frightening one. Losing control over their children’s activities means losing the ability to keep them safe. These days, parents typically use mobile phones to regain a degree of control. In fact, teens report that calls from their parents represent a notable contributor to the distractions teens experience while driving. In Tuscaloosa alone, each auto injury lawyer at our firm has seen too many examples of the results of distracted teen driving. We recommend taking a common-sense approach to keeping everyone safe on the road. Many Teens Report Driving While Talking to Parents The American Psychological Association interviewed eight restricted and unrestricted licensed teen drivers, all of whom reported talking to parents while driving. The results from a written survey of nearly 400 teens were not quite as alarming. However, based on license types, 31 to 50 percent of drivers reported talking to parents — more than talking to friends in most cases. Just as disturbing, only 43 percent of drivers with learners’ permits reported no cell phone usage. Unfortunately, that percentage seems to decrease based on license type. Only 10 percent of drivers age 18 with unrestricted licenses report they do not use phones while driving. A Tuscaloosa auto injury lawyer understands that an unrestricted license does not instantly provide the ability to drive effectively while distracted. Most calls can wait until all drivers arrive at their destination safely. Parents Need to Become Part of the Solution […]

Nov 4, 2014 - Car Accidents by Cross & Smith

As medical science continues to advance, people are living longer, more active lives. In 2010, the Social Security Administration Period Life Table, predicted life expectancy for males and females at 76.1 and 80.94 years, respectively. In fact, many people are significantly exceeding those expectations. Regrettably, tables cannot predict when seniors need to stop driving since every person is unique. Our Tuscaloosa accident attorneys have seen too many lives cut short by elderly drivers. Family members need to know how and when to take the car keys away. A recent Alabama accident illustrates how a lack of focus or perhaps reduced vision can put seniors and others on the road at risk. According to an October 7 report by Alabama Media Group, a 78-year old man was fatally injured when he pulled out of his retirement community into the path of a school bus. The good news is that no children were on the bus at the time of the collision, but the man’s family lost a valuable member who clearly had good years ahead of him. A Progressive Approach is Essential in Helping Seniors Make the Right Decision Keep in mind that seniors are traditionally the heads of families. Many do not take kindly to edicts from their children. So, rather than taking the keys away suddenly, our Tuscaloosa accident attorneys recommend taking it one step at a time, as follows: Check for medical issues: Anyone, young or old, can experience medical concerns that temporarily affect their driving abilities. Perhaps […]

Oct 24, 2014 - Car Accidents by Cross & Smith

On October 7th, AAANewsroom released a new warning that hands-free technology is not necessarily risk-free. They have issued significant warnings about distracted driving and hands-free devices in the past. However, the new report looks specifically at how poor design and errors can seriously reduce driver attention to the road. Our Tuscaloosa car accident attorneys recommend that clients do their homework before using any hands-free system while driving. If the use of a system is not second nature, just say “no.” Some Car Models Rank Better Than Others It is well known that hands off the wheel and eyes off the road are only two factors that contribute to distracted driving. Keeping the mind engaged on driving is critical. Many of today’s complex, confusing and error-prone hands-free systems are failing — whether drivers engage in talking, texting or even changing radio stations. Tests on changing radio stations and voice dialing revealed that some vehicles were better than others. Using a five-point category scale, where five was the highest cognitive distraction rating, AAA reports the following results: Toyota’s Entune® system rated 1.7, the lowest cognitive distraction rating, making it a better choice than many other systems. Hyundai’s Blue Link rated 2.2. Chrysler Uconnect™ ranked 2.7. Ford SYNC with MyFord Touch® ranked 3.0. Mercedes COMAND® rated 3.1. Chevrolet MyLink® had the highest rating in the test, at 3.7. While the AAA report predicts that these systems will continue to improve over time, it is clear that drivers need to understand that these systems […]

Aug 25, 2014 - Birmingham by Cross & Smith

Plaintiffs in Alabama personal injury cases should take care to exhaust every means of serving defendants notification of a complaint before proceeding with service by publication. That’s the lesson gleaned in Volcano Enterprises, Inc. v. Rush, recently decided by the Alabama Supreme Court. The decision effectively vacates an earlier award of $37 million in favor of a family whose choir minister husband/father was killed by a drunk, off-duty Birmingham police officer in 2009. Birmingham DUI injury lawyers know the officer received 12 years in prison on a charge of reckless manslaughter, and was also ordered to pay $3 million in civil damages. The criminal court additionally ordered him to pay $43,000 in restitution. The $37 million liability claim was against the strip club that had served alcohol that night to a patron whom plaintiffs allege was already visibly impaired by the time he arrived. He had reportedly consumed hard liquor in his vehicle while waiting for a friend to show up after their shift. Birmingham DUI injury lawyers know the officer received 12 years in prison on a charge of reckless manslaughter, and was also ordered to pay $3 million in civil damages. The criminal court additionally ordered him to pay $43,000 in restitution. The $37 million liability claim was against the strip club that had served alcohol that night to a patron whom plaintiffs allege was already visibly impaired by the time he arrived. He had reportedly consumed hard liquor in his vehicle while waiting for a friend to […]

Aug 5, 2014 - Car Accidents by Cross & Smith

As with almost all liability insurance policies, auto insurance policies contain provisions that limit liability. This provides a maximum amount that can be provided in case of a single “accident” or “occurrence.” Some of these policies indicate a per-person cap on damages awarded for bodily injury resulting from “each occurrence.” This seems like a fairly straightforward concept. However, our Tuscaloosa car accident attorneys recognize there are circumstances, particularly when multiple plaintiffs or vehicles are involved, where it can be claimed the injuries arose out of multiple occurrences. This is true even when the primary catalyst for a multi-vehicle crash was the negligence of a single driver. That may have been the “trigger,” but subsequent wrecks could potentially be considered separate “occurrences” for insurance purposes. Typically, the question of whether there have been multiple occurrences is a matter of law, to be decided by the court in advance of a trial. In most cases, the determination of the number of occurrences involves the court weighing whether there was repeated or continuous exposure to certain conditions. The reason this determination matters so much is because a determination of multiple occurrences will ultimately mean larger damages awards for each individual plaintiff. If a liability limit allows for up to $50,000 per accident and the court finds there was only one accident, $50,000 will be the most that the plaintiffs could collectively receive. However, if the court finds there were multiple occurrences, the plaintiffs could be entitled to receive $50,000 each. Insurers have tried […]

Jun 9, 2014 - Car Accidents by Cross & Smith

In Alabama, it’s estimated more than one in four drivers lacks auto insurance. Even among those who do carry insurance, about 55 percent have policies that only cover the bare minimum, which is $25,000 per person and $50,000 per crash. This usually is not enough. Medical bills for serious injuries could easily top six figures. This makes uninsured or underinsured motorist coverage practically a necessity in this state. By having one of these policies, you ensure you are covered in case the at-fault party didn’t have insurance or didn’t have enough insurance to cover the damages incurred. Coverage also extends to you as a passenger. However, car accident lawyers in Tuscaloosa recognize that even those with coverage may find themselves in court, fighting to get the insurer to pay.

May 27, 2014 - Birmingham by Cross & Smith

Plaintiffs in Alabama personal injury cases should take care to exhaust every means of serving defendants notification of a complaint before proceeding with service by publication. That’s the lesson gleaned in Volcano Enterprises, Inc. v. Rush, recently decided by the Alabama Supreme Court. The decision effectively vacates an earlier award of $37 million in favor of a family whose choir minister husband/father was killed by a drunk, off-duty Birmingham police officer in 2009. Birmingham DUI injury lawyers know the officer received 12 years in prison on a charge of reckless manslaughter, and was also ordered to pay $3 million in civil damages. The criminal court additionally ordered him to pay $43,000 in restitution. The $37 million liability claim was against the strip club that had served alcohol that night to a patron whom plaintiffs allege was already visibly impaired by the time he arrived. He had reportedly consumed hard liquor in his vehicle while waiting for a friend to show up after their shift.

May 15, 2014 - Car Accidents by Cross & Smith

The contract you hold with your car insurance companies is probably filled with numerous caveats designed to minimize the firm’s risk of paying up when the time comes. But an element that is inherent in these contracts – no matter what the language – is the implied covenant of good faith and fair dealing. If an insurance company acts in bad faith in dealing with the client, it could be subject to severe punitive damages. Examples of bad faith dealings would be if an insurer denies a claim without proper cause or delays a claim unreasonably. Our Tuscaloosa car accident lawyers have a detailed understanding of uninsured motorist law. You are entitled to coverage for which you paid, and we are committed to helping you obtain that compensation.