Category: Car Accidents

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.

Apr 17, 2014 - Car Accidents by Cross & Smith

In filing a Tuscaloosa car accident lawsuit, an experienced plaintiff attorney looks beyond those obviously negligent. The at-fault driver behind the wheel will be named in any negligence lawsuit. However, other parties may be found vicariously liable for the actions of that driver. In English common law, this was known as the “theory of respondeat superior.” This is the principal that allows employers to be held liable for the actions of an employee committed within the line and scope of his or her employment. The employer or vehicle owner can also be sued for independent torts such as negligent entrustment and/or negligent hiring, training and/or supervision. Each state has their own laws and limitations on vicarious liability. At the federal level, Congress passed a measure in 2005, called the Graves Amendment, which bars states from holding vehicle rental or leasing firms liable for negligence in cases where customers cause accidents.

Apr 1, 2014 - Car Accidents by Cross & Smith

If there is any chance that an auto insurance company can find grounds on which to deny a claim, you can bet they are going to try. Our personal injury lawyers in Tuscaloosa know one element that can make it tougher to win your claim is if the policy is outdated. When your policy fails to accurately reflect your living situation with regard to residency and household members, it can create problems when it comes time to file a claim. This was what happened in the recent case of Progressive Gulf Ins. Co. v. Faehnrich. This Nevada Supreme Court ruling reveals why it is so important to revisit your auto insurance policy in the event you move, divorce, have a licensed teen driver in your home, or experience other relevant life events. You want to make sure your loved ones are going to be covered in the event of a serious crash. Here, a married couple in Mississippi secured auto insurance for themselves and their household members. The policy listed Mississippi as their state of residency, and indicated that Mississippi was the state statutory law the policy would incorporate. Any disputes, the policy indicated, would be resolved by the law of that state.

Mar 6, 2014 - Birmingham by Cross & Smith

There are many states in which a plaintiff can be at least partially at-fault for an auto accident and still collect compensation – these states adhere to the doctrine of comparative negligence. The degree to which a plaintiff is negligent is called “comparative fault” and the higher it is, the more it will impact the overall amount of compensation to which a plaintiff is entitled. Alabama, though, is different. As our Birmingham car accident attorneys must sometimes explain, here, if a plaintiff is partially at-fault the claim is completely barred under a legal doctrine known as contributory negligence.