Cross & Smith LLC
205-391-0618

Category: Personal Injury

Car Accident Risks Increase Over Memorial Day

May 23, 2012 - Car Accidents by

The Memorial Day holiday weekend is expected to be deadly. Safe driving advocates with the National Safety Council (NSC) are predicting that more than 400 people are going to die in car accidents in Tuscaloosa and elsewhere over the three-day holiday weekend. Experts are also predicting another 42,000 auto accident-related injuries during the weekend. The Memorial Day holiday weekend is defined as the time from 6:00 p.m. on Friday the 25th through 11:59 p.m. on Monday the 28th. During this time, motorists are asked to be extremely cautious on our roadways as the significant increase in motor vehicle traffic is expected to result in an increase in the number of serious and fatal accidents. Typically, the Memorial Day holiday weekend sees a 12 percent increase in the number of fatal car accidents compared to similar non-holiday weekends. During this time of the year, millions of Americans are expected to hit the road to kickoff the summer travel season. Our Tuscaloosa accident attorneys understand that long weekends offer residents and visitors with just enough time to hit the road and to get out of town. Unfortunately, everyone else has the same idea, too. For that reason, ocal and state law enforcement agencies will be out in force.

Read More

Alabama Personal Injury Expert Testimony and a Look at Newell Rubbermaid v. Raymond Corp.

Apr 18, 2012 - Dangerous Products/Liability by

You can sustain an injury doing almost anything. But when you suffer an injury because of someone else, how do you prove that they are at fault? One of the key components to proving certain types of Tuscaloosa personal injury cases is providing expert witness testimony. The law governing expert witness testimony is complex. Federal Rule of Evidence (FRE) 702 governs the admissibility of expert witness testimony in federal court i.e. necessary qualifications of an expert witness, requirement that expert’s testimony be based on reliable principles and methods. In Newell Rubbermaid v. Raymond Corp. a federal appeals court addressed, among other things, the admissibility of expert witness testimony. This case arose where Hashman (Victim) was working in a factory for Newell Rubbermaid, Inc. (Newell or Employer). The victim was required to use a Dockstocker forklift which was manufactured by Raymond (Manufacturer). As part of the design of this forklift, the rear of the machine had no guard door to protect the operator.

Read More

Expert Testimony and Alabama Personal Injury: a Look at Dubiel v. Montana Department of Transportation

Mar 27, 2012 - Personal Injury by

When you are injured because of the fault of someone else, establishing liability can be complicated. Our Tuscaloosa injury attorneys understand that the law is complex, and we can help defend your rights in the wake of a serious or fatal accident. Dubiel v. Montana Department of Transportation is a case that examines the plaintiff’s burden of proof in injury cases based on negligence. This case is important because it shows the importance of expert testimony in Tuscaloosa injury cases. Jerome Dubiel was traveling on a highway in Montana during a time of extremely high winds. These winds persisted for two hours causing trees to be blown down and scatter on the road. There were several employees from the Montana Department of Transportation (“MDT”) within the area assessing road conditions, working on the power lines, as well as removing trees from the roads. Jerome was temporarily stopped by an employee of the MDT who was clearing debris from the highway, when a tree fell onto Jerome’s car causing him to suffer a fatal injury. Subsequently, the MDT closed the highway due to weather and road conditions. However, the MDT contends that they did not know of Jerome’s accident when they decided to close the highway.

Read More

Check the CPSC Recall List Often to Avoid Child Injury in Alabama in 2012

Jan 18, 2012 - Personal Injury by

Now, that the holidays are over it’s a good time to make sure children’s toys are not dangerous and do not cause child injury in Alabama and elsewhere. Be sure to check out the latest recall list from the U.S. Consumer Product Safety Commission to make sure none of your Christmas presents are dangerous. Our Alabama personal injury attorneys are here to offer you these latest child items on the recall list. Be sure to check this list now and to check it periodically throughout the year to make sure that you and your family are safe from any hazardous consumer products. Many common household items and children’s toys can be found on the recall list. Stay informed to help prevent injury in your home. Land of Nod Recalls Bed Frames: Nearly 2,000 Land of Nod Bed Frames have been recalled by Blake Bed Frames. Allegedly, the child’s torso can get dislodged in the gap between the footboard’s top rail and the mattress. This can cause an entrapment hazard. One report of these incidents has already been reported. Blake model bed frames fall under this recall. They were sold in both full- and twin-sized beds. The words “The Land of Nod” and “Blake” can be found on the bar code sticker on the bed. The beds were sold from The Land of Nod stores in both in Washington and in Illinois. They were also sold on the website from September 2009 through October 2011. If you have one of these […]

Read More

Nationwide Ban on Portable Electronic Devices Proposed to Reduce Risks of Car Accidents in Tuscaloosa and Elsewhere

Jan 1, 2012 - Car Accidents by

All states should ban the use of cell phones and other portable electronic devices, recommends the National Transportation Safety Board (NTSB). During a meeting this month, NTSB officials suggested that all electronic devices should be illegal for all drivers. The meeting was held to discuss the 2010 distracted-driving accident that happened in Gray Summit, Missouri, in which two people were killed and dozens more were injured. Investigators concluded that the driver who allegedly caused this accident was making phone calls and text messaging just seconds before the accident, according to the Montgomery Advertiser. The NTSB doesn’t have the authority to enact such laws, but its recommendations carry significant weight with congressional and state lawmakers and with federal officials. In the state of Alabama, only novice drivers are prohibited from talking on a cell phone. According to the Governors Highway Safety Association, only novice drivers are prohibited from texting behind the wheel, too. All other drivers are free to engage in whichever electronic distractions they choose. These laws are to help reduce the risks of distraction-related car accidents in Tuscaloosa and elsewhere for novice drivers but do nothing to protect older drivers and other individuals sharing our roadways. Our Alabama car accident attorneys understand that not all states have matching texting and cell phone bans. In 35 states, drivers are prohibited from texting at the wheel. Even less states ban drivers from using a cell phone at the wheel. As laws currently stand, enforcement is difficult because officers have a tough […]

Read More

Tuscaloosa Nursing Home Abuse: Do your Part During Holiday Visits

Dec 5, 2011 - Personal Injury by

We expect our loved one’s nursing homes to provide the best quality of care and resources available, especially through the holiday season. It is important for families to seek a home that is able to provide safety and security. Unfortunately, nursing home abuse and neglect in Alabama is an all too common occurrence. Nursing homes have a responsibility to take the proper measures to provide a hazard-free and comfortable living environment. Accidents and forms of neglect and abuse in a nursing home can lead to long-lasting psychological, mental and physical injury and too often results in death. Our Tuscaloosa nursing home neglect attorneys understand that owners and employees of these facilities must follow state and federal laws to ensure the safety of residents. These laws help to protect residents’ safety, environment and well-being. All too often, these standards are not met and without your interactive relationship with the facilities, the dangers can go unnoticed or unreported. Be an active member in your elderly loved one’s life and in their stay at a nursing home.

Read More

Safe Halloween Tips from Our Alabama Accident Attorneys

Oct 27, 2011 - Car Accidents by

Our Alabama child injury attorneys would like to wish you a safe and Happy Halloween. We’d also like to share some information with you to help keep the entire family safe on the 31st. There are dangers lurking on Halloween night and with just a few safety precautions, we can all have a safe Halloween. Child injury is four times more likely to happen on Halloween than during any other night of the year. While kids look forward to suiting up in their Halloween costumes, trick-or-treating and carving pumpkins, parents worry about the real dangers of the holiday — including pedestrian accidents.

Read More

ALDOT and AAA Focus on Causes and Solutions for Pedestrian Accidents in Alabama

Sep 27, 2011 - Car Accidents by

The AAA Foundation for Traffic Safety recently released a report that analyzed pedestrian accidents in Alabama and elsewhere. The aim was to come up with a number of ways that officials can help reduce the risks of pedestrian accidents in communities nationwide. Fortunately, the Alabama Department of Transportation (ALDOT) may be one step ahead of the game as it has already constructed a Bicycle and Pedestrian Plan to help reduce the risks of pedestrian accidents. Our Alabama pedestrian accident attorneys recognize that this plan is backed by excellent intentions. But there’s no decreasing the risks for these types of accidents until this plan is put into motion and motorists start to react accordingly. The plan aims to promote pedestrian safe roadways in the state and to minimize the impacts of future projects on non-motorized travelers. ALDOT also is establishing a list of recommendations for pedestrian and bicycle facilities.

Read More

Children with ADHD More Likely to be Injured in an Alabama Pedestrian Accident

Aug 3, 2011 - Personal Injury by

Pedestrian accidents in Alabama involving children happen all too often and there’s a new group of children on this high-risk list that are especially prone to these types of accidents — children with attention-deficit/hyperactivity disorder (ADHD-C ). Recent research, provided by the University of Alabama at Birmingham, concludes that these individuals chose to cross roads and intersections in riskier situations than other children. “Future efforts may focus on remediating executive deficits, which may, in turn, prevent pedestrian injuries in this at-risk population,” the researchers reported online ahead of the August issue of Pediatrics.

Read More

Alabama Personal Injury Attorneys Wish You and Your Family a Safe and Healthy Fourth of July

Jun 27, 2011 - Car Accidents by

Our Alabama Personal Injury & Wrongful Death Attorneys wish each of you a safe and enjoyable Fourth of July. Please celebrate responsibly, don’t drink and drive, and stay safe around water, whether it’s in the pool or on the boat. Summer is officially upon us, and many people will be out on the roads driving during the weekend, while others may enjoy boating on the state’s many lakes or on the Gulf of Mexico. Some may choose to stay close to home and enjoy barbecues, swimming and personal fireworks. Vehicle accidents: AAA estimates that about 39 million Americans will travel 50 miles or more from their home over the long weekend, USA Today reports. That’s actually down from 40 million last year, and the national auto group attributes that to the nearly $1 increase in gas from this time last year.

Read More

Hear What Our Clients Have To Say

"I have been friends with Dell Cross since we were roommates at UA Law and have had the pleasure of conferring with Cross & Smith, LLC in a professional capacity for many years. As a law office which specializes in domestic relations and family law matters, it is imperative that my office maintain a consistent client referral relationship with a law firm which can effectively address personal injury matters brought to us by our clients."
Posted By: Mark Sterling Gober

Read More Reviews