Category: Personal Injury

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.

Oct 27, 2011 - Car Accidents by Cross & Smith

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.

Sep 27, 2011 - Car Accidents by Cross & Smith

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.

Aug 3, 2011 - Personal Injury by Cross & Smith

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.

Jun 27, 2011 - Car Accidents by Cross & Smith

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.

Jun 24, 2011 - Personal Injury by Cross & Smith

The National Safety Council is using the entire month of June to raise awareness of preventable injuries. They will be using June 19th through the 25th to raise awareness about the danger and the common occurrence of slips, trips and falls. These accidents are among some of the top causes of unintentional personal injuries in Alabama and elsewhere. It has been reported that nearly 9 million people visit an emergency department each year because of these accidents. Our Tuscaloosa personal injury lawyers would like to speak directly to those that are 55 and older as this is the age group that is most likely to be the victim of one of these falls. When a resident of this age experiences a fall, they are likely to suffer from a number of injuries that can hinder their ability to lead an independent and active life. Many times it is the fault of property owners for not properly caring for their facilities. These owners can be held responsible for damages in these instances. It is important to contact an attorney immediately if you experience a fall in a public area.

Jun 16, 2011 - Car Accidents by Cross & Smith

Huntsville police recently announced the kickoff of a new pedestrian awareness campaign, according to the Huntsville Times. And with good reason – pedestrian accidents continue to be a leading cause of serious and fatal injuries statewide and across the nation. A new report by Transportation For America takes a look at all of the pedestrian accidents that have occurred nationwide in the last decade. During this time there were approximately 47,000 pedestrian deaths and roughly 688,000 pedestrian injuries that occurred on roadways across the U.S. Now, Dangerous by Design 2011 will look at the pedestrian accidents in Alabama and elsewhere in the United States in an attempt to construct solutions to fix this deadly problem that is too often overlooked. Our Alabama personal injury attorneys understand that one of the most beneficial ways to avoid these serious accidents is to examine and fix poor driving habits. Most of these accidents occur because of driver inattention.