Category: Personal Injury

Sep 25, 2012 - Personal Injury by Cross & Smith

A rash of small plane accidents in Alabama has authorities concerned as we enter the autumn flying season. General aviation enthusiasts like to say flying is as safe as driving. While that might be true for flying commercial, it’s patently false when it comes to general aviation. Small plane flight is comparable in risk to riding a motorcycle. That is to say, quite dangerous. In fact, the Airplane Pilot and Owner’s Association (AOPA) reports more than 1,200 general aviation accidents occur annually. In 2009, the FAA reports 475 of the nation’s 535 aviation fatalities occurred in the private aviation sector. Sixty-eight fatal Alabama plane crashes were reported from 2007-2009. A small plane crash killed two people Monday in Cullman County. The accident happened off Cullman County Road 174 near Smith Lake when a Mooney aircraft out of Destin, Florida crashed after the pilot radioed a report of difficult weather conditions and issued a Mayday call. An accident on Saturday involving a seaplane claimed the life of a man on Weiss Lake in Cherokee County. Two others were also killed on Saturday when their World War II era plane crashed in Madison County at the Moontown Grass Field Fly-in.

Sep 5, 2012 - Personal Injury by Cross & Smith

Many of us drive for work. In fact, transportation accidents are the leading cause of fatal job accidents in this country, according to the Bureau of Labor Statistics. Transportation accidents were responsible for 1,795 of the nation’s 4,551 workplace deaths in 2010, accounting for one-third of all deaths on the job. In such cases, an injury lawyer in Tuscaloosa should have significant experience in handling work place injury cases, as well as personal injury claims and car accidents. And, if you drive for work, you should know how important it is to carefully review your insurance policies and to understand the coverage available in the event of an accident. In Nationwide Mutual Ins. Co. v. Thomas, The United States District Court for the Northern District of Alabama, Eastern Division certified two questions of first impression to the Alabama Supreme Court: 1) Whether Nationwide could enforce a coverage exclusion clause in a car insurance policy for transporting people or delivering newspapers as part of the insured’s job. 2) Whether the exclusion applied after the last paper was delivered but while employee was still driving as part of the job.

Jul 17, 2012 - Personal Injury by Cross & Smith

As we reach the height of summer, our Tuscaloosa personal injury attorneys would like to take time to talk to you about the importance of water safety and avoiding swimming pool accidents in Alabama. The Centers for Disease Control reports about 10 people a day die as a result of drowning accidents. About 3,500 drown while swimming, and another 350 die from drowning as a result of boating accidents. In addition, thousands are seriously injured by near-drowning. And the data shows many will need significant hospital care for serious injuries, including brain injuries. Brain injuries caused by lack of oxygen can result in long-term disabilities, including memory and learning problems. Half of near -drowning victims treated in hospital emergency rooms require extended care, including those whose injuries result in permanent vegetative state.

Jul 5, 2012 - Personal Injury by Cross & Smith

Identifying all of the at-fault parties, and their associated insurance carriers, are among the most critical tasks of a Tuscaloosa personal injury lawyer. Progressive Northern Insurance Co. v. Mohr, a case decided by the Delaware Supreme Court, involved a pedestrian accident victim. The victim recovered $15,000 from the insurance carrier of the vehicle involved in the accident. But he also sought to recover from Progressive Northern Insurance Company, which had a policy in place on a vehicle owned by the victim’s mother. The policy excluded coverage of Mohr as result of a pedestrian accident. The question before the court was whether such an exclusion was permissible or whether an insurance company had to include pedestrian accidents in its personal injury protection (PIP) coverage. In this case, the Supreme Court decided Mohr could collect from the PIP policy in place on his mother’s vehicle. And that the exclusion conflicted with Delaware’s automobile insurance laws. Thus, in addition to the $15,000 collected from the at-fault driver’s insurance policy, the court ordered Progressive, which insured the victim’s mother, to pay an additional $85,000! The court ordered the $15,000 be subtracted from the $100,000 policy limit in place.

May 23, 2012 - Car Accidents by Cross & Smith

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.

Apr 18, 2012 - Dangerous Products/Liability by Cross & Smith

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.

Mar 27, 2012 - Personal Injury by Cross & Smith

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.

Jan 18, 2012 - Personal Injury by Cross & Smith

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 […]

Jan 1, 2012 - Car Accidents by Cross & Smith

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 […]

Dec 5, 2011 - Personal Injury by Cross & Smith

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.