Category: Personal Injury

Mar 27, 2015 - Personal Injury by Cross & Smith

At first glance, the causes of most accidental injuries seem obvious to many people, but this is certainly not always the case. A tragic story in the Las Vegas Review-Journal about a 13-year old Nevada girl who committed suicide after being bullied illustrates how state laws can complicate a case. By Nevada state law, the school was responsible for notifying parents about a known bullying incident, but failed to do so. Thus, the uninformed parents were unable to prevent the suicide. They chose to sue the school for the wrongful death of their daughter. In Nevada, this legal case has a good chance of success. But if the same set of circumstances occurred in Tuscaloosa or elsewhere in Alabama, local personal injury lawyers would potentially face certain legal challenges. Two Concepts Apply When Determining the Cause of an Accident Before determining whether someone’s negligence caused an accidental injury, injury lawyers need to establish a connection between the person’s actions and the accident. This requires proving two things under the law: Cause in fact: This is essentially a direct connection between negligent actions and the accident, noting that the accident would not have occurred, except for the negligence. A clear example of cause in fact in the bullying case fact might be if the school knew about a problem between two children and locked them in a room together to resolve their differences with no adult supervision to protect against physical altercations. Proximate cause: This concept is more complex because it […]

Feb 27, 2015 - Nursing Home Neglect by Cross & Smith

Placing an elderly loved one in need of 24-hour care in a nursing home is one of the most difficult decisions families can make. In addition to the emotional concerns connected with taking people out of the familiar surroundings that make them comfortable, families lose the ability to vigilantly monitor their safety. Many individuals wish they could use electronic surveillance to help protect their family members. One Case Illustrates How Granny Cams Can Help Protect Nursing Home Residents In August 2014, a nanny cam recording helped achieve justice for one family. After seeing signs of abuse to his mother at an Oklahoma City nursing home, a man hid a camera in her room. The recordings revealed that one worker was abusing the patient. The grannycam provided the evidence needed to convict the worker, according to a KOCO.com report. Alabama Laws are Somewhat Unclear Pertaining to Video Surveillance Federal law does not prohibit the installation of hidden cameras as long as they do not record sound. However, Alabama law adds a restriction by prohibiting installation on private property, according to Reporters Committee for Freedom of the Press. As a general rule, Alabama law requires one party to grant permission for audio recording, but granny cams hidden in the rooms of nursing home residents can represent a different legal issue. Regardless of state law, families can install cameras in the rooms of senior nursing home residents by obtaining written permission from the facility. An experienced Tuscaloosa injury attorney can draft an effective […]

Jan 23, 2015 - Personal Injury by Cross & Smith

Most office workers do not see their jobs as dangerous. Most certainly do not face the severe hazards that construction workers or miners face on a daily basis. Still, the fact remains that countless employment-related injuries and illnesses occur regularly in offices. Even though Alabama workers’ compensation can provide financial relief for these workplace injuries, accident prevention is a better choice, whenever possible. Recognizing Common Types of Office Injuries Danger does not discriminate. An impressive executive office in Tuscaloosa may have as many hazards as a row of cubicles in Birmingham, so all workers need to be able to spot risky situations anywhere. While a workplace injury may qualify for compensation, an experienced lawyer would say that the best workplace accident is one that never happens. Some good advice comes from Albert Einstein College of Medicine, which identifies a number of common hazards, including the following: Falls: Surprisingly, office workers sustain injuries from falls more than twice as frequently as workers who do not work in offices. Sometimes, they are victims of the environment, such as when they trip on loose carpeting, slip on wet floors or do not see steps due to poor lighting. However, they can easily cause their own injuries when they choose a chair over a step-stool, pile items on the floor or even leave the bottom desk drawer open. To help prevent these accidents, workers need to watch their own practices and notify their employers when they spot other hazards in the workplace. Lifting injuries: […]

Dec 24, 2014 - Personal Injury by Cross & Smith

Thanks to a 2013 ranking by the World Health Organization, Alabama has the dubious honor of having one of the world’s most dangerous roads. According to Yellowhammer Multimedia, U.S. Route 431, which runs through the state, is also the fourth most deadly road in the U.S., as evidenced by the many memorial crosses placed along the roadway. Injury victims and families who lose loved ones because of dangerous roads in Tuscaloosa and elsewhere in Alabama may be forced to go against powerful municipalities to seek compensation for their losses. These cases require skilled personal injury lawyers who know both the state and even federal laws that protect the interests of their clients. Alabama US 431 Received Four Out of Ten on the Fear Factor Scale A rating of four does not seem too dangerous based on a 10-point scale. However, the primary hazards cited on US 431 are common causes of accidents: Poor visibility High speed driving Sudden changes between two and four lanes of traffic In just the last week of October, 2014, Navbug.com noted six serious accidents on this road, including a severely-injured deputy who was hit by a car while directing traffic at a wreck site. Determining Fault for Dangerous Road Accidents is Very Complex When accidents occur on dangerous roadways, identifying liability is not always a simple matter. Consider some of the possible factors that might have contributed to the deputy’s injuries: The motorist may have failed to comply with the state’s “move over” laws. The […]

Aug 9, 2014 - Personal Injury by Cross & Smith

Usually, injury settlements end current and future litigation for the parties involved. However, the recent settlement reached with the NCAA over student athlete head injuries opens the door for more lawsuits to be filed. Our  brain injury lawyers understand the $75 million agreement will allow money to be used by current and former athletes to receive medical testing and monitoring for suspected head injuries. Those who suffered head trauma as a result of participation in sports will have the opportunity to file their own individual lawsuits. Of the settlement amount, $5 million will be dedicated to head injury research. The settlement was reached in the class action of In Re: National Collegiate Athletic Association Student-Athlete Concussion Litigation in the U.S. District Court for the Northern District of Illinois, Eastern Division. It also requires the NCAA to instruct schools to make changes to athletic program policies, specifically by implementing guidelines on “return-to-play” for athletes who have suffered a blow to the head.   As of February, AL.com counted the number of former college athletes suing the NCAA over the way it handled concussions at 65. The litigation followed after a similar case of 4,800 professional football players who successfully sued the National Football League on similar grounds. Of those 65 players, one was from Alabama. It was former Alabama running back Ray Hudson, who played from 2001 to 2004. Now 34, he says he was diagnosed with two concussions but believes he suffered more. He said he was forced to drop […]

Jun 20, 2014 - Personal Injury by Cross & Smith

A bicyclist who suffered a fall and injury from her bicycle due to an allegedly defective university sidewalk sued the city for failure to maintain its roads. In later proceedings, the city sought to bring in the state as a third-party defendant to share the liability. In Madden v. City of Iowa City, the Iowa Supreme Court affirmed the trial court’s denial of the state’s motion to dismiss the cross-claim, finding a city ordinance could establish duty on the part of the state, and the claim of contribution of liability was not excluded under the state’s tort claims act. Tuscaloosa bicycle accident attorneys recognize the relevance of this case to those who typically commute on bicycles at The University of Alabama. Previous case law in Alabama supports the idea that municipalities and state governments can be held accountable for injuries sustained by negligent maintenance of public roadways.

Jun 8, 2014 - Birmingham by Cross & Smith

Researchers at Smart Growth America recently analyzed the safety of pedestrians nationwide, finding that not only is the problem worsening, but it’s especially bad in the South. In particular, the Dangerous by Design 2014 report found the Birmingham-Hoover metro area to be the sixth-most dangerous place for walkers in the country. Study authors calculated the ranks by determining the average number of pedestrians versus the number of those killed on the streets and sidewalks. This gave them what they called the “pedestrian danger index,” or PDI. Birmingham-Hoover tallied 148 pedestrian deaths between 2003 and 2012, resulting in a PDI of 125.6. Compare this to Houston, Texas, which had a total of 1,034 pedestrian fatalities during those years, yet ranked No. 7 with a PDI of 119.64. Rounding out the top 10, all but one of those cities (Phoenix, Arizona) was in the southeastern part of the U.S. Birmingham injury lawyers recognize these areas grew rapidly as post-war suburbia brought roads to rural areas. That meant wide streets and fast speed limits, primarily catering to motor vehicles. Pedestrians were an afterthought, if they were a thought at all.

Apr 25, 2014 - Birmingham by Cross & Smith

Every year, emergency room administrators report more than 250,000 people receive urgent care after suffering lawn mower injuries – with nearly 7 percent of those being children. May and June are the peak time for these incidents, so it’s a good time for our Birmingham personal injury lawyers to broach the subject, particularly considering that the U.S. Consumer Product Safety Commission reports that the risk of such incidents has risen in recent years. In Alabama, an 8-year-old boy who was killed in 2010 in Gurley when authorities say he was accidentally run over by his father’s lawn mower. Two years later, a 6-year-old girl in Florence was killed after she fell off a lawn mower she’d been riding on with an adult. In some cases, operator error or negligence is to blame for such incidents. Other times, faulty product design, manufacturing or failure to warn could cause or contribute to serious or fatal 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.