Category: Tuscaloosa

Jun 30, 2016 - Truck Accidents by Cross & Smith

No one wants to share the roads with drowsy drivers. However, each Tuscaloosa truck wreck lawyer at our firm has seen the dangers increase almost exponentially when someone nods off behind the wheel of a commercial semi truck weighing in at 80,000 pounds or more. Federal law has required truckers to maintain paper records of their hours of service for nearly three decades, but those requirements have only been marginally effective in helping truck drivers remain alert on the road. Hopefully, new laws that require electronic record-keeping will prove to keep more motorists safe. New Law Moves Forward in Spite of Some Trucker Protests According to one report from CBS News, the Federal Motor Carrier Safety Administration (FMCSA) finalized requirements for a system that replaces paper records with electronic hours reporting. They predict that the new requirements will help prevent records tampering, save about 26 lives per year and prevent 562 injuries annually. Some of the key points of the new law are as follows: With some exceptions, the law requires truckers to transition into the use of approved electronic recording devices over a two-year period. Truckers who use previously-approved devices that do not meet the new requirements have four years to replace their current devices. Smart phones and other electronic devices that satisfy technical requirements can be used, provided they are FMCSA-approved. At least one trucker advocacy group has argued that the use of unproven technology does not guarantee increased safety or hours-of-service compliance so much as it increases […]

May 31, 2016 - Car Accidents by Cross & Smith

Our Tuscaloosa car accident attorneys have helped countless victims who suffered serious injuries all because another party failed to exercise due care. Physical injuries can take a long time to heal, and they can also leave victims with permanent disabilities. Regardless of the level of physical injury, however, involvement in a car accident can leave deep emotional scars that can have a profound effect on someone’s ability to live a normal life. Physical Injuries and Psychological Ones Are Not Always Connected Most people who have been in a car while witnessing a vehicle speeding toward them can probably remember the experience with specificity, even if years have passed since the incident. Some people can file the memories away in their minds, but, according to WebMD, car accidents do not have to be fatal or even cause serious physical injury to have profound psychological effects on many accident victims.  Some of the common psychological issues can include: Anxiety symptoms, which are often experienced as panic attacks and can appear for no apparent reason. These attacks can include sudden fear and nervousness, along with physical changes, such as sweating, dizziness and heart rate acceleration. Left untreated, this condition can become debilitating, particularly since fear of the attacks themselves commonly becomes a major source of anxiety. Depression is also a serious disorder. This is not the same as an occasional feeling of sadness; it is a longer-term condition that can affect sleep, appetite and energy levels. Left untreated, some sufferers even have thoughts […]

May 17, 2016 - Personal Injury by Cross & Smith

With the Food and Drug Administration and even our local health departments on the job, it is logical to assume that the food we eat is generally safe. While no Tuscaloosa injury attorney at our firm would advise clients to view all food with suspicion, the Centers for Disease Control and Prevention estimate that foodborne diseases cause nearly 797,000 illnesses, 2,000 hospitalizations and 50 deaths each year, according to Alabama Public Health. When more than one person experiences gastrointestinal symptoms after eating the same food from a public facility or even from their own kitchens, it is probably not a case of stomach flu. One Kitchen Allegedly Sickened 86 Alabama Children at a Daycare In June 2015, WHNT News reported that 86 children under the age of 10 sought hospital treatment after suffering significant digestive upsets at their daycare center. As many as 30 of the students were hospitalized. The illness came from two facilities that were both served by the same kitchen. Investigative testing revealed Staphylococcus Aureus Toxin (known to cause staph infections) in foods from both facilities. However, some questions appeared to remain pertaining to the possibility of food cross-contamination, since the samples came from garbage cans within the facilities. Still, the children displayed the following symptoms, which are common to staph infections: Vomiting Diarrhea Nausea Cramps Lethargy The Staphylococcus Aureus Toxin is a bacterium that is commonly caused when handlers contaminate food products that require no additional cooking, such as salads and sandwiches. Contamination can come from […]

Mar 25, 2016 - Tuscaloosa by Cross & Smith

Shortly after a National Public Radio (NPR) report exposed the disparity among workers’ compensation benefits for the same types of injuries in different states, Alabama lawmakers introduced a bill to increase benefits for workers within this state. In spite of the fact that Alabama workers’ compensation benefits for certain injuries are reportedly the lowest in the nation, this bill never seemed to take off. However, each Tuscaloosa workplace injury lawyer at our firm reminds employees that third-party claims can potentially provide injured workers with the compensation they need. A State Border Can Make a Dramatic Difference in the Value of a Claim The NPR story looked at the claims of two workers who lived within 75 miles of each other, with surprisingly similar claim details: Their ages were similar: 27 and 25. They both lost part of a left arm in a machinery accident. Their family situations were similar — married, with two children of similar ages. Both victims even had tattoos of their children’s names. Perhaps the main difference was the location of their accidents since they lived on different sides of the Alabama/Georgia border. While the Georgia victim received lifetime benefits expected to exceed $740,000, the Alabama victim received a total of $45,000 in workers’ compensation benefits. Since the overall cost of living fluctuates in different areas of the country or even within a state, it is somewhat logical to expect differences in claim valuations based on location. Still, it is less logical to understand why a border […]

Mar 11, 2016 - Car Accidents by Cross & Smith

When airbags first came into wide use in the 1970s, they took on a very basic design that protected drivers and front-seat passengers by sensing collisions and inflating large bags between occupants and hard objects in front of them. Our Tuscaloosa car accident attorneys are happy to report that the basic concept of inflatable safety devices has exploded. The chances are that an inflatable device now exists to protect many people who are exposed to dangers on the roads, sidewalks or just about anywhere. Still, things can go wrong to prevent airbags from doing their jobs properly — or even causing injuries when they perform as intended. It is important to understand the potential pros and cons of these devices and what to do if they contribute to serious injuries. New Airbag Designs Keep Coming The unfortunate truth is that collisions with trucks and passenger vehicles can cause injuries from all sides. As injury statistics continue to reveal more and more types of injuries are faced by individuals inside and outside of cars, new devices are invented to help mitigate those injuries. According to the Insurance Institute for Highway Safety Highway Loss Data Institute, airbags now take on many shapes and forms, such as the following: Bags within cars and other enclosed vehicles are standard equipment in front of front-seat passengers and drivers, and side airbags are almost as common. New designs can protect victims of rollovers. Others address the needs of back-seat passengers, such as rear window curtain airbags […]

Feb 26, 2016 - Personal Injury by Cross & Smith

Physical abuse of the elderly is a recognized issue for seniors placed in the care of others, whether in nursing homes or through in-home care. Even individuals who receive acceptable levels of physical care, however, may be victims of financial abuse. When the money runs out, the physical care ends as well. Certain Alabama statutes now recognize the crime of elder financial abuse and impose penalties, but each Tuscaloosa injury attorney at our firm believes that more preventive types of laws might help seniors avoid destroying their golden years. Three Common Forms of an Underreported and Growing Crime No accurate statistics identify the severity of the senior elder abuse problem, but most experts in the field agree that it is underreported. During a time when increasing numbers of aging baby-boomers now need senior care, the problem is undoubtedly getting worse. Recent estimates indicate that seniors might be losing an average of $30,000 from financial abuse. The following three types of financial abuse are most common: Nursing home theft: Elderly individuals living in residential care have virtually no privacy or security. Caregivers and even other residents have full and frequent access to rooms, making them ripe for theft of everything from personal valuables to financial documents. Phone and computer scams: Anyone living at home is susceptible to scammers who prey on them over the phone, at the door or on their computers. Scammers often count on even minor diminished mental capacity of individuals who willingly hand over massive amounts of money, […]

Feb 12, 2016 - Motorcycle Accidents by Cross & Smith

When buying a new vehicle, few consumers pay close attention to blind spots during the test drive. Of course, all cars have blind spots that often prevent drivers from being aware of other cars driving right next to them — or even unseen bicycles and pedestrians. Mirrors help reduce the problem to some extent, but in the interest of increased safety, some vehicle manufacturers now offer blind spot monitors. Our Tuscaloosa accident attorneys applaud the introduction of a device that provides electronic detection assistance to help reduce the blind spot issue. Still, drivers with these devices still need to use their eyes. Just as important, motorcyclists should feel no safer on the road. Many Blind Spot Detectors Sense Larger Vehicles Better than Smaller Ones Even if riders knew for certain that every vehicle sharing the road was equipped with a blind spot detection device, they still need to avoid riding in blind spots. RideApart, a portal that serves the power sports industry, cites AAA findings that show that the abilities of one device over another can vary widely. In addition to potentially having detection ranges that are too short to provide ample warning for any driver, the devices do not always detect motorcycles because: The devices that may effectively detect larger vehicles are 26 percent slower at identifying nearby motorcycles. They detect slower-moving vehicles better than they pick up faster-moving vehicles, often notifying drivers too late to help avoid motorcycles. They provide auto drivers with a false sense of security, […]

Jan 22, 2016 - Truck Accidents by Cross & Smith

Considering that thousands of drivers across the country operate electronic devices while driving, it is not surprising that many people are injured in distracted driving accidents every day. When large commercial trucks are involved, the chances for serious injuries and fatalities increases exponentially due to the weight of these vehicles. In spite of this risk, however, federal trucking regulations do not impose any additional electronic device restrictions on truck drivers than the ones commonly imposed by the states for drivers of passenger vehicles. Proposed Ban Fails, but Limited Ban Takes Hold Asserting that distracted driving was approaching the risks of DUI driving back in 2011, the National Transportation Safety Board (NTSB) proposed a full ban on the use of even hands-free devices for novice drivers, school bus drivers and commercial truckers. While that ban failed, the NTSB tried repeating the hands-free ban recommendation in 2014 after cell phone use by a truck driver appeared to be the direct cause of a massive truck-versus-train collision in Maryland. Regrettably, federal legislators have not recognized the wisdom of the NTSB recommendations. Currently, the Federal Motor Carrier Safety Administration has issued the following restrictions for interstate truck and bus drivers, as well as for anyone who transports certain hazardous materials: No texting while driving: The restriction clearly defines texting as anything that requires more than a single button-press. Hands-free talking: Commercial motor vehicle drivers cannot hold a phone to talk, and the rule includes anything that amounts to reaching for a phone for positioning […]

Dec 25, 2015 - Car Accidents by Cross & Smith

With typical Alabama winter temperatures ranging between 50 and over 60 degrees, drivers in the state do not experience the extreme holiday weather conditions as those in the northern states. In 2013, Alabama Media Group reported information from a recent study by the University of Alabama’s Center for Advanced Public Safety. It showed that the days immediately prior to Christmas are among the most dangerous times on the road. Just about any Tuscaloosa auto injury lawyer would agree that the study’s findings remain just as true today. A Variety of Different Traffic Patterns Affects Roadway Safety Individuals who make daily commutes to and from work in major metropolitan areas might argue that these traffic conditions are the most congested. However, these drivers know and understand rush hour conditions and generally have the skills and experience to help anticipate and avoid accidents. Holiday drivers do not benefit from long-term experience and can be subject to risks such as the following: Last-minute holiday shopping panic: With just a few days left to complete gift shopping, every minute counts. Rushed drivers are more likely to ignore speed limits and other driving laws. They also have a greater propensity for tailgating when they perceive that the driver in front of them is keeping them from completing their missions. More night-time shoppers are now hitting the roads: From Black Friday and through to Christmas Eve, stores are open for business day and night. Night drivers, in particular, have little experience driving in heavy traffic after […]

Dec 11, 2015 - Personal Injury by Cross & Smith

Patients who obtain care from a number of different medical professionals face a distinct risk that the variety of treatments they receive might conflict with treatments from prior doctor visits. Under the current health care law, healthcare providers are expected to use Electronic Medical Records (EMRs), which can help avoid health care conflicts by providing all doctors with comprehensive electronic record access for any patient. While each Tuscaloosa injury attorney at our firm recognizes the clear benefits of better communication between medical providers, we believe that EMRs can potentially reduce communication between the providers in the same facility. Patients need to monitor any provider’s recording practices, particularly during the early phases of complex EMR system use. Complex EMR Systems Can Shift Focus Away From the Patient When used properly, EMRs can enhance communications between all providers who treat a particular patient. However, these systems are more complex than the traditional clipboard. In some cases, provider attention shifts from the patient to the EMR, and when that occurs, accidents can happen. In a Wall Street Journal opinion piece, a noted doctor asserts that EMRs are killing and injuring people, largely due to this shift in focus. He cites an example of a patient in a world-famous university who sustained injury over a relatively simple issue of intravenous fluid administration. In essence, this patient alternatingly received too much fluid or not enough over a three-day period, eventually resulting in significant injury. It appears that the hospital staff members were so chained to […]