Category: Car 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personal injury lawyers in Tuscaloosa know one element that can make it tougher to win your claim is if the policy is outdated.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.

Feb 13, 2014 - Car Accidents by Cross & Smith

Alabama isn’t generally known for being a cold-weather state. You might not be able to tell that, however, if you had ventured out onto the highways over the past several weeks. A 17-car pileup occurred recently in Hoover, just south of Birmingham. Then there were numerous cars and at least five 18-wheelers piled up recently on I-59. And in, Central Alabama, I-65 had to be shut down after numerous 18-wheelers jack-knifed in the middle of the highway. In fact, since Dec. 1, there has been at least one report of a weather-related, multiple-vehicle pileup somewhere in the country, according to a recent analysis by USA Today. Our Tuscaloosa car accident attorneys want to caution drivers to use the utmost care when heading out in bad weather.

Jan 24, 2014 - Car Accidents by Cross & Smith

Drivers in almost every state believe they have a monopoly on the “worst drivers” list. Our Tuscaloosa car accident lawyers tend to believe this has a great deal to do with the fact that so many people have been either involved in a serious crash or have experienced a close call. But as it turns out, Alabamans actually do have a legitimate stake in this claim.

Dec 27, 2013 - Car Accidents by Cross & Smith

An Alabama man is facing charges of leaving the scene of an accident after allegedly hitting a car with mother and child inside before fleeing, according to news reports. A witness to the crash called police and followed the 35-year-old Limestone County man onto Highway 252, where he was stopped by the Alabama State Patrol. Our Tuscaloosa car accident lawyers understand that hit-and-run car accidents are on the rise nationwide for a number of reasons. According to USA Today, hit-and-run accidents are on the rise in many areas across the nation. And these crimes often complicate financial recovery for victims and can prove difficult for law enforcement to investigate and solve.

Dec 18, 2013 - Car Accidents by Cross & Smith

There is an erroneous belief that someone filing a Tuscaloosa car accident lawsuit doesn’t have a high burden of proof or that the case will be generally less complex than other types of injury claims. On the surface, this makes sense. After all, accident reports are usually quite clear: “Vehicle 1 strikes Vehicle 2. Driver of Vehicle 1 is at fault.” End of story. Right? That’s seldom the case, as Fort Motor Company v. Washington, Arkansas Supreme Court, shows. What started as a simple car accident injury claim ended in a 13-year struggle after the case evolved into a product liability action against one of the largest auto manufacturers in the world.

Nov 21, 2013 - Car Accidents by Cross & Smith

The Thanksgiving holidays traditionally mean heavy traffic on Alabama’s roadways, and all available state troopers will be on duty to promote safe travel during the period. Through the holiday weekend, all available state troopers will be on duty to help ensure the safety of motorists. Enforcement activity will include driver license checkpoints, line patrols and saturation patrols in selected areas. This is a heads up to be on your best driving behavior not only to avoid a costly citation, but to avoid a potentially serious traffic accident. Our Tuscaloosa car accident lawyers understand that there are supposed to be close to 450 traffic accident fatalities and another 47,000 injuries over this year’s Thanksgiving Holiday weekend, according to the National Safety Council (NSC). This is typically because it’s one of the most-traveled holiday weekends of the year.

Nov 7, 2013 - Car Accidents by Cross & Smith

Safe sidewalks and road crossings are a concern for us all. Unfortunately, the Alabama Department of Public Health (ADPH) has announced at the end of FY13, the Safe Routes to School (SRTS) program will be eliminated. That means no more safe walking projects under this program. If any city in the state wishes to launch a new project, leaders are first going to have to apply under the Transportation Alternatives Program (TAP) and compete with various other applicants to get the proper funding. These projects, if approved, will result in 80 percent federal funding with a 20 percent local match. With no sidewalks and no safety projects in the works, our risks for pedestrian accidents in Tuscaloosa and elsewhere — particularly among our youngest walkers — will only increase. The National Highway Traffic Safety Administration (NHTSA) reports that there were close to 100 pedestrians killed in the state of Alabama in 2011. These fatalities accounted for nearly 10 percent of all traffic accident fatalities throughout the year.

Oct 30, 2013 - Car Accidents by Cross & Smith

Officials with the National Highway Traffic Safety Administration (NHTSA) recently unveiled a new safety campaign that’s working to keep teens safe through the busy upcoming holiday driving season. It’s the “5 to Drive” campaign and it’s addressing the five factors that can have the biggest impact young drivers’ careers behind the wheel. “The ’5 to Drive’ campaign gives parents and teens a simple, straightforward checklist that can help them talk about good driving skills,” said U.S. Transportation Secretary Anthony Foxx. Our Birmingham car accident lawyers understand that traffic collisions continue to be the number one cause of death for teens across the nation. In 2011, there were more than 2,100 teen drivers who were involved in deadly collisions. Close to half of those teens were killed in these accidents. And to help to reduce the risks, we’re calling on parents to step in and kick off the conversation today. Sit down and talk with the teen driver in your family about the risks behind the wheel and the habits that can help keep them safe.

Oct 16, 2013 - Car Accidents by Cross & Smith

When we think about distracted driving, most people will think of talking on a cell phone or text messaging behind the wheel. But according to Allstate, the top five driver distractions include, eating and drinking, adjusting music, interacting with passengers, playing music loudly and reaching into the back seat. Those are things we’re all guilty of, and they are activities that could result in a potentially fatal accident. Between 4,000 and 8,000 crashes related to distracted driving occur daily in the United States alone. In North America, distracted driving contributes to as many as one-half of crashes reported annually. Our Tuscaloosa car accident lawyers understand that’s just the tip of the iceberg. According to Insurance Hotline, Americans are also guilty of grooming, smoking, playing with car controls and tending to babies while in the driver’s seat.