Cross & Smith LLC

Category: Drunk Driving Accidents

Recovering Damages From a Drunk Driving Defendant

Dec 17, 2020 - Car Accidents by

Our Tuscaloosa Injury Attorney Will Fight for You The winter holidays are a busy time for Americans, from Christmas shopping to end-of-year social events with family and friends— even with the Covid-19 pandemic discouraging many from socializing in the same way that they would in previous years. Unfortunately, not all news surrounding the holidays is positive.  With the winter holidays (and an increase in road traffic) comes an increase in motor vehicle accidents, in many cases driven by holiday alcohol consumption. If you’ve been injured by a drunk driver over the holidays, then you may be entitled to significant damages as compensation.  In fact, bringing a motor vehicle lawsuit against a drunk driver has its own unique opportunities — let’s go ahead and briefly explore them. Establishing Negligence In a “standard” motor vehicle accident dispute, the injured plaintiff has to prove that the defendant-driver acted negligently, recklessly, or intentionally — and that this misconduct caused the plaintiff to suffer injuries.  Establishing fault can be difficult in some cases, depending on the facts. In a drunk driving lawsuit, by contrast, the plaintiff need only show that the defendant’s intoxication caused the plaintiff to suffer injuries.  Negligence is “assumed” thanks to a principle known as negligence per se. In other words, driving while under the influence of alcohol is considered an act that is fundamentally “wrong,” and as such, there is no need to prove that the defendant’s conduct rose to the level of negligence, recklessness, or intentional misconduct.  This can make […]

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Alabama DUI Accidents – Ignition-Interlock Law Passes

May 5, 2014 - Drunk Driving Accidents by

Shortly before he was convicted of DUI manslaughter in the death of fellow motorist and the serious injury of his passenger, a Hoover man conceded he’d had too much to drink while watching the 2012 Iron Bowl game on television. He said he knew after the crash that getting behind the wheel after drinking so much was a mistake. If only he’d come to that realization before he put the key in the ignition. And that’s the problem with so many DUI offenders – their failure to first think through the consequences. There is however technology that takes the choice away for previous offenders. DUI injury lawyers in Birmingham note Alabama just became the 21st state in the country to adopt an ignition-interlock law.

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U.S. Supreme Court Gives Alabama Police More Tools to Combat DUI

May 1, 2014 - Drunk Driving Accidents by

A recent decision by the U.S. Supreme Court in Navarette v. California will hopefully mean fewer DUI injuries in Alabama, as it gives authorities a greater opportunity to stop reckless and potentially drunk drivers. Birmingham DUI injury lawyers know that the crux of the Navarette case had to do with reasonable suspicion as it pertains to a defendant’s Fourth-Amendment right to protection against unreasonable search and seizure. Specifically, the question before the justices was whether information provided by an anonymous 911 tip was enough to establish reasonable suspicion. The court ruled that, in some cases, it is. The reason this is important for potential victims of DUI is that, No. 1, it provides more incentive for people to call when they see a reckless driver as they know police will be more inclined to act. Secondly, when police are given the authority to stop a car based on an anonymous 911 tip, they can get a possibly dangerous driver off the road faster. Officers may not necessarily have to wait to observe the driver engaged in a traffic violation before initiating a stop. This ruling is in line with a 1990 decision by the high court in Alabama v. White, where the court found that an anonymous tip, when corroborated by independent police work, provides the basis for the reasonable suspicion necessary to make an investigatory traffic stop.

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Teens Answer Questionable Survey Regarding Drunk Driving

Nov 8, 2013 - Drunk Driving Accidents by

A new survey of high school students indicated that roughly 75 percent don’t drink alcohol. But who’s expecting teens to be honest in these surveys? According to Mother’s Against Drunk Driving (MADD), nearly 700 students across the nation were surveyed during Red Ribbon Week. The reasoning for not drinking varied from it being illegal, the effects it has on their health, the effects is has on their grades and the disapproval from their parents. The truth of the matter here is that there were close to 10,000 traffic accident fatalities in 2011 in the U.S. involving a driver with a blood-alcohol concentration (BAC) of .08 or higher. According to the National Highway Traffic Safety Administration (NHTSA), these accident fatalities accounted for more than 30 percent of all traffic deaths recorded that year year. Drivers between the ages of 16 and 20 accounted for close to 1,000 of the drivers involved in these accidents. That’s 20 percent of all drunk drivers involved drunk driving accidents in Tuscaloosa and elsewhere.

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Drunk Driving Accidents Increase With Game Day Tailgating

Sep 18, 2013 - Birmingham by

It is an exciting time to be a college football fan in the State of Alabama and as fans we look forward to watching our favorite team play on TV but we especially look forward to the games we actually attend. For some fans their tailgate party is more of a small gathering of friends and family, while for others it is the social team party of the century. These game day celebrations often include alcohol, and unfortunately statistics reflect a substantial increase in drinking and driving accidents on football game days. Several college football teams will play their first home game of the season this Saturday, including Alabama (vs. Colorado State University) and we here at Cross and Smith, LLC are encouraging all college football fans that if they choose to drink alcohol, that they drink responsibly, designate a sober driver, get a cab, use public transportation or contact a friend or family member to ensure they get home safely and without being a danger to others on the road. All fans need to be made aware that, if they drink and drive and cause an accident, not only can they can face criminal charges but they can be sued for damages suffered by anyone that was injured as a result of the accident.

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Alabama DUI Accidents a Risk During Autumn Football Season

Sep 8, 2013 - Drunk Driving Accidents by

Authorities reported the recent Tuscaloosa DUI arrest of a 20-year-old woman near the University of Alabama campus, after she had allegedly struck a utility pole, causing a power outage. Although the driver and two passengers suffered injuries, our Tuscaloosa DUI accident lawyers know these types of collisions are often far more tragic. With class back in session for college students and football season in full swing, we unfortunately suspect this is just the beginning of the near-campus DUI crashes.

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Root for the Home Team Responsibly – Reduce Risks of Drunk Driving Accidents in Alabama

Sep 14, 2012 - Drunk Driving Accidents by

As Yahoo! Sports reports, nothing less than an undefeated season and a national championship will do for the Crimson Tide. However, it’s unlikely that fans of the Auburn or the Troy Trojans will be outdone when it comes to weekend tailgate parties and cheering their teams to victory. CBS Sports reports Troy’s winning percentage at home has topped 80 percent since 2007. Injury attorneys in Tuscaloosa and throughout Alabama encourage you to celebrate responsibly. The beginning of the college and pro football seasons typically results in an increase in the number of serious and fatal drunk driving accidents. And, with the trio of year-end holidays just around the corner, it’s an important time to renew your commitment to celebrating responsibly — and that includes finding a sober ride home.

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"ast year when my husband was injured in a car accident, I contacted Dell Cross. Immediately he and his wonderful staff went to work gathering all the information necessary to settle our claim. He explained every process, kept us informed and handled everything from the insurance companies down to the smallest bill. He made himself available to us anytime day or night, answering our questions and dealing with our concerns"
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