Category: Personal Injury

Mar 12, 2014 - Birmingham by Cross & Smith

Alabama is one of the most dangerous places for bicyclists, ranking fourth in the nation for the rate of cyclist deaths. That’s according to a benchmark study released by the National Alliance for Biking and Walking. In fact, as a more recent report by The Atlantic points out, the Deep South in general has a horrible track record when it comes to cyclist safety. Our Birmingham personal injury lawyers note 10 states in the country had the highest pedalcyclist fatality rates: Florida, South Carolina, Louisiana, Alabama, Mississippi, Georgia, North Carolina, Texas, Delaware and Arkansas.

Mar 4, 2014 - Personal Injury by Cross & Smith

Fraternities are heavily marketed to young college students as a valuable, right-of-passage experience. The promise of a four-year party can be a powerful draw to a group who will soon be staring down a decade or more of burdensome loan debt. However, the experience has resulted in serious injuries for more than a few. As a recent investigation by The Atlantic revealed, in some cases members are left permanently scarred, disabled – even dead. Our Tuscaloosa injury attorneys recall a case just a few years ago in which a fraternity brother attending the University of Alabama sued the Gamma Alpha chapter of the Pi Kappa Alpha fraternity following an alleged hazing incident that occurred when he was 19.

Jan 22, 2014 - Birmingham by Cross & Smith

A single blow to the brain can kill. But even those that don’t can have long-lasting consequences, even when the full extent isn’t readily apparent in the immediate aftermath of a traumatic brain injury. That’s according to a recent study by researchers with the New York University Langone School of Medicine. Doctors there concluded that a single concussion – which is the most common form of brain injury in the U.S. – can have long-lasting impacts to the brain, ultimately resulting in sustained structural damage. Concussions are considered a “mild” traumatic brain injury. However, just because a head injury is considered “mild” on the scale of how serious brain trauma can be doesn’t mean it’s not compensable, or that there won’t be long-term consequences. Our Birmingham brain injury lawyers know brain injuries are among the most common traumatic injury risks, caused by everything from car accidents to youth sports.

Jan 18, 2014 - Birmingham by Cross & Smith

Property owners – especially those located in potentially hazardous surroundings – must ensure that the site is safe for those who enter. For example, that could mean keeping the floors dry or the walls and ceilings properly-patched. In the case of a fishery pier, it would mean proper maintenance of facilities and ensuring safe egress and ingress. These responsibilities are referred to as “duty of care.” When duty of care is breached, resulting in injuries, those affected may pursue filing a Birmingham slip-and-fall lawsuit. This is true even when there is evidence that there may have been some wrong-doing or negligence on the part of the person who fell.

Jan 13, 2014 - Personal Injury by Cross & Smith

Two years ago, the Walter Energy firm selected Tuscaloosa County as the site of a six-year, $1.2 billion energy project that would result in the creation of a new coal mine from scratch. The Blue Creek Energy project is currently underway, and is expected to begin production of 4 million tons of coal for global steel mill export by 2018. Roughly 530 jobs are expected to spring from this venture. This has all been good news for the region. Our Tuscaloosa personal injury attorneys are cautiously optimistic that the new firm will take all precautions necessary. Still, far too many mining veterans are suffering health consequences, including pneumoconiosis, or “Black Lung,” a diagnosis that has plagued the coal industry for decades. Unfortunately, the coal industry has historically had a poor reputation with regard to protecting workers from this fatal, yet preventable, condition.

Jan 6, 2014 - Birmingham by Cross & Smith

Our Birmingham personal injury attorneys know that when we send our children to school, we expect they will be adequately supervised and that those we entrust with the well-being of our youth will guard their safety. In Hall v. Jones, a Jefferson County case recently reviewed by the Alabama Supreme Court, this did not happen, according to the plaintiff, a mother of a boy seriously injured at school. According to court documents, the incident arose out of a fight between two teenage boys engaged in a game of basketball in a middle school physical education class. Jones was the physical education instructor in charge at the time of the incident.

Dec 17, 2013 - Birmingham by Cross & Smith

Every hour, a child is rushed to the emergency room for a high chair-related injury. That’s according to a new report published in the journal Clinical Pediatrics, which also found that the number of high chair injuries has spiked by 22 percent in the last decade. Researchers from the Nationwide Children’s Hospital and the Center for Injury Research Policy analyzed data provided for years 2003 through 2010, finding that during that time nearly 9,500 children suffered an injury that involved a high chair or booster seat. While the information is not broken down by state, Birmingham injury lawyers believe the number of instances here are on par with the rest of the country.

Dec 5, 2013 - Birmingham by Cross & Smith

The Alabama Supreme Court recently sided with a plaintiff seeking damages against a grocery store pharmacy for injuries she suffered after she was given the wrong prescription. Defense counsel in Morgan v. Publix Super Markets Inc. argued in their motion for summary judgment before the Jefferson Circuit Court that the plaintiff failed to make her case because she hadn’t produced an expert witness that would have established a breach of the applicable standard of care under the Alabama Medical Liability Act. However, in reversing the trial court’s earlier decision to grant that motion, the Alabama Supreme Court found that a pharmacy’s negligence in dispensing the wrong medication is so straightforward that the plaintiff didn’t need the testimony of an expert witness to prove it.

Dec 4, 2013 - Personal Injury by Cross & Smith

It was supposed to be one of those weekend that the four young teen boys would have looked back on for years to come with fond memories. It was the Fourth of July. Their families were preparing for a large reunion at a lake house in Huntsville. The adults busied themselves with barbecue preparations. The boys gathered down by the dock to “hang out.” What happened next has become an indelible memory for all, though one they likely wish they could forget. It ultimately resulted in one of those boys suffering a serious firework injury, resulting in an Alabama personal injury lawsuit alleging negligence, wanton supervision and assault. The case of Beddingfield v. Linam was recently heard by the Alabama Supreme Court, which affirmed most of the trial court’s findings of negligence on behalf of the adults who owned the lake house. However, the court did reverse part of the earlier verdict alleging negligent entrustment.

Nov 12, 2013 - Personal Injury by Cross & Smith

Officials with the Tuscaloosa Fire Department’s Haz Mat team recently responded to a train fire in Pickensville. Emergency response teams worked to disconnect the train cars that were on fire. According to ABC33, there were at least five or six cars involved in the blaze. The train was carrying crude oil and officials reported at least two explosions. A dozen cars were derailed in the accident. Officials let those cars burn out, instead of trying to put them out. While train accidents can be devastating when trains derail or collide with one another, they can be even more devastating when they collide with passenger vehicles or even pedestrians and bicyclists. Our Tuscaloosa personal injury lawyers understand that railroad crossing safety rarely gets the attention it deserves. And unfortunately, they’re alarmingly common. In many cases, these crossings do not have adequate warnings. In other cases, the equipment may be dated or even inoperative. Operation Lifesaver reports that there were close to 2,000 railroad crossing accidents reported in the U.S. in 2012. There were nearly 300 people killed and another 950 who were seriously injured. In all, there are over 210,000 railroad crossings currently in the U.S. and more than 129,000 intersect with public roads.