Category: Tuscaloosa

Nov 27, 2015 - Personal Injury by Cross & Smith

November might not be the ideal time to jump into an outdoor swimming pool, but with local high temperatures ranging at nearly 70 degrees, water activities remains a real possibility for boating enthusiasts. Our Tuscaloosa accident attorneys believe that anytime water recreation is possible is a good time to remind people of the dangers of drowning accidents. Just as important, understand that the risk of drowning is very real for adults, as well as for children. Adults May Face Greater Risk of Drowning When Children are in School Even during the summer months, adults are at risk of drowning. According to Alabama Media Group, Alabama saw 69 drowning deaths according to most recent statistics from 2013. Even though drowning is considered to be the number one cause of death in children, that same article cites five drowning deaths within the prior week that involved victims with ages ranging from teens to 63. Once children are back in school, adults often take the opportunity for adult-only boating trips, and they may be likely to engage in more risky behavior when no kids are present. Unfortunately, 2014 statistics indicate that alcohol use is the leading known contributing factor in fatal boating accidents. While these deaths may pertain to intoxicated operators, alcohol use by victims can lead to their deaths, as well. Tips for Preventing Adult Drowning Incidents Whether they ride in motorboats, enjoy personal watercraft, head out in a non-motorized boat or even jump in for a cool swim, adults need to […]

Nov 13, 2015 - Tuscaloosa by Cross & Smith

Without a doubt, construction work is among the most dangerous professions in the U.S. Working from great heights, sometimes from faulty support structures, while using power tools and heavy equipment certainly seems extremely hazardous. However, when it comes to work-related fatalities in Alabama, even our Tuscaloosa workers’ compensation lawyers were initially surprised that there seems to be a higher risk involved in transportation. According to 2013 numbers from the Bureau of Labor Statistics (BLS) about the 78 fatal workplace injuries for that year, the majority were caused by the following events: • Transportation incidents (42) • Falls, slips, trips (11) • Violence and other injuries by persons or animals (11) Why Transportation Causes a Higher Rate of Workplace Fatalities Since many workers drive on company business, common roadway accidents play a contributing role in the number of work-related transportation fatalities, with a lack of seat belt use, speeding and alcohol cited as factors. However, earlier analyses of these accidents cite the three primary causes of vehicle accidents at work zones to be the following: • Runovers / Backovers represent nearly half of worker fatalities, and about half of those fatalities were caused by workers struck by construction vehicles. • Vehicle Collisions are the second most common cause, typically involving vehicles or mobile equipment. • Caught In Between or Struck by Object Accidents are the third most common cause. As the name implies, they involve workers who become caught between or struck by construction equipment and objects. Injuries or fatalities that […]

Oct 23, 2015 - Personal Injury by Cross & Smith

When the Washington Post and other news outlets reported that a Virginia patient won $500,000 after his secret cell phone recording during a medical procedure captured an anesthesiologist insulting him and even planning to diagnose a non-existent condition, portions of the recording went viral. Like Alabama, Virginia law allows the use of recordings as courtroom evidence as long as one party permits it. Used in front of a jury, that recording provided powerful evidence in court. Presented in front of a judge (known as a bench trial), however, a case like this one might have different results. Plaintiffs in personal injury cases have a choice between jury and bench trials and many case details go into deciding which type of trial offers the most benefits. Each Tuscaloosa injury attorney at our firm carefully assesses those details before making recommendations to our clients. Facts, Perception and Emotion Drive Courtroom Verdicts Surprisingly, studies show that judges agree with jury decisions on liability as much as 80 percent of the time. However, while judges may award larger damages in about 40 percent of cases, they favor smaller awards in over 50 percent of cases. One study indicated that the differences may be due to judges’ lower susceptibility to two specific cognitive illusions: • Framing, which involves treating economic gains differently than losses, even though their value is actually equal • Representativeness, in which a reduced value is placed on background statistical information or base rates that are relevant to the case Additionally, even […]

Oct 9, 2015 - Car Accidents by Cross & Smith

It seems as if new safety technologies appear on motor vehicles almost every year. Considering the devastation that our clients experience on the roads on a regular basis, our Tuscaloosa car accident attorneys applaud these developments — especially when they allow small cars to share the roads with big trucks more safely. It may be early in the game, but it is not too early to start thinking about one of the latest developments: the transparent truck. A New Invention That Addresses Visibility Issues for Small Vehicles Anyone who is forced to drive behind a huge semi knows that it is like driving behind a solid wall. Without the ability to catch a glimpse of traffic in front of the truck, it is virtually impossible to safely pass these slow-moving vehicles, much less remain aware of potential hazards on the road ahead. In June 2015, Samsung announced the development of its Safety Truck, which could vastly reduce these visibility issues. The concept behind the Safety Truck is simple: Put wireless cameras on the front of trucks and transmit the images to screens on the back, allowing motorists to see the road almost as if the truck was not in front of them. Early prototype tests in Argentina (which has some of the most dangerous roads in the world) showed positive results. The screen images made passing safer on two-lane roads, while also reducing accidents caused by sudden braking or animals on the road. Samsung is now working with the U.S. […]

Sep 25, 2015 - Truck Accidents by Cross & Smith

Anything from adjusting the radio to grabbing some pretzels is common behavior for many drivers, especially when commute times are long. Of course, any behavior that takes a driver’s attention from the road or hands off the wheel can lead to accidents. However, it is not uncommon for a Tuscaloosa truck wreck lawyer to see cases of severe injuries caused by behind-the-wheel activities that only semi drivers are likely to do. Living Life Behind the Wheel Can Lead to Unusual Distractions Most people engage in countless activities every day, but they perform a limited number of tasks while driving. While typical driver distractions probably involve cell phones, food or drink, truck drivers generally have hands-free devices and other equipment in their semis to help keep their hands on the wheel. That said, however, long-haul truck drivers may be in the cabs of their massive vehicles for more hours than they spend anywhere else. They still have to get things done, so they sometimes find creative ways to accomplish those tasks while on the road. In addition to using cell phones and CB radios, the following are some of the more common trucker activities: • Reaching in a pocket or reaching to the floor • Looking at paperwork • Smoking-related activities • Looking in mirror while using a toothpick • Making grooming and clothing adjustments Of course the list does not stop there. In January 2015, Reuter’s reported a massive traffic shutdown near Tuscaloosa after a trucker veered off the road, […]

Sep 11, 2015 - Personal Injury by Cross & Smith

Back in 2012, John’s Hopkins reported that surgical “never events” occur at least 4,000 times per year. These are errors that should never happen because they are easily preventable when surgical staff members take common-sense precautions. At the time, the report was major news within the medical community and our Tuscaloosa personal injury lawyers believed that knowledge of these issues would prevent them in the future. Unfortunately, current reports show that some of these easily-preventable issues still exist today. Some Never Events Still Happen Today Three years after the Hopkins report, JAMA Surgery states that three of these events are still prevalent: • Retained surgical items: Many items are used in surgery and anything from sponges to surgical tools are still being left inside of patients. Taking inventory before surgery begins and again before closing the incision can easily help prevent this type of error. • Wrong site surgery: This type of error can happen most often when a patient has more than one similar site, such as limbs or eyes and the surgeon operates on the healthy site by mistake. A common way to prevent such an accident is to carefully review the patient’s records prior to surgery and then mark the correct surgical site directly on the patient. • Surgical fires: Most surgeries require the use of the “fire triangle,” which is essentially a fuel source (ranging from alcohol-based skin preparation to the patient’s own skin or hair), an igniter (such as a laser) and an oxidizer (commonly […]

Aug 28, 2015 - Personal Injury by Cross & Smith

Take a commonly-used drug, add some serious side-effects and a seemingly-endless number of lawsuits suddenly appear. This phenomenon is not unreasonable — individuals who suffer injury or illness from a dangerous drug deserve compensation that covers their full range of losses. When the number of individual complaints rises into the thousands, however, our Tuscaloosa personal injury lawyers warn that the legal process can become very complex. Valuable Drugs Often Pose Risks Anyone who has ever seen a prescription drug advertisement in a magazine or on TV knows that side-effect warnings seem to make up a large portion of the message. Advertisements for Chantix, a smoking-cessation drug, are a prime example. Warnings seem to focus primarily on mood or behavioral risks, ranging from confusion and anxiety to suicidal thoughts. These black box warnings were mandated by the FDA in mid-2009. Still, most doctors weigh the risks and benefits of any drug to allow patients to make informed decisions. Clearly, an effective smoking cessation drug carries health benefits by helping smokers quit a potentially-deadly habit. One Court, One Drug Company and Thousands of Lawsuits Before the FDA mandate, many Chantix users attempted or actually committed suicide, resulting in the filing of more than 2,500 lawsuits against Pfizer between 2009 and 2012. According to Alabama Media Group, all suits were consolidated within one Alabama federal court, which used a number of methods to virtually eliminate the caseload: • Dismissal with prejudice: About 660 cases were permanently dismissed relatively early in the process. Even […]

Jul 24, 2015 - Tuscaloosa by Cross & Smith

A primary underlying principle behind the Alabama workers’ compensation system is the elimination of liability issues. With a few exceptions, workers can obtain benefits regardless of whether the worker or employer negligence causes an accidental injury. Of course, this means workers cannot sue employers for negligence, but they can sue negligent third parties. To protect the rights of workers and their families, an experienced Tuscaloosa workplace injury lawyer looks beyond workers’ compensation claims to determine if an outside party needs to be held accountable. A deadly January 2015 construction site accident shows how this might work. Guilt and Negligence Are Not the Same Things According to WVTM-TV, a truck driver hit and struck a young construction worker from behind while he directed traffic in a Birmingham construction zone. The driver admitted that the accident happened because she ran off the road while reaching for her coffee. Perhaps surprisingly, the police decided not to file charges against the driver. In spite of the police decision, the following are reasons why the construction worker’s family may have a good case if they decide to file a wrongful death suit against the driver — and probably her trucking company, as well: • As long as the trucker is not directly connected with the construction company, workers’ compensation liability limitations do not apply. • Police reports would substantiate that distracted driving caused the driver to run off the road. • Distracted driving amounts to negligence, which is a primary requirement for prevailing in a […]

Jul 10, 2015 - Tuscaloosa by Cross & Smith

After a recovery from serious injury on the job, most employees want to put the experience behind them when they return to work. This can seem impossible if an employer starts retaliating in often-subtle ways — just because a worker claimed much-needed benefits that are granted by law. Perhaps more disturbing, some employers use veiled threats to convince workers not to file a workers’ compensation claim, leaving them to find other ways to pay for medical care after a workplace accident. Our Tuscaloosa workers’ compensation lawyers want to clarify that retaliation is illegal at both the state and federal level. It is important for workers to recognize the signs so they can seek the legal help they need to ensure their claims receive fair treatment. Filing a Workers’ Compensation Claim is a Right of Employment With very few exceptions, individuals injured as a result of their employment have the right to file workers’ compensation claims. While most employers handle these claims fairly, some see a claim as a black mark on their record that increases the premiums they pay. Perhaps this kind of thinking was a factor when a supervisor from the New York- and Connecticut-based Metro North railroad took advantage of the time spent driving an injured employee to the hospital to make threats of damaging write-ups on the employee’s record. The injured employee was recording that conversation, according to the New Haven Register. That recording provided evidence of a direct violation of the Federal Railroad Safety Act. In […]

Jun 26, 2015 - Nursing Home Neglect by Cross & Smith

One of the most difficult decisions in life involves placing elderly loved ones in a nursing home. This choice may be essential to ensure their wellbeing and about 90 percent of Alabama nursing home residents and their families rate their facilities as excellent or good. However, it only takes one errant caregiver — or even another resident — to turn a highly-regarded facility into a dangerous nightmare for defenseless seniors. Filing a Complaint is a Multi-Step Process After hearing about abuse and neglect concerns from several viewers, WSFA published a story pertaining to these issues. During their investigation, a representative from the Alabama Nursing Home Association laid out the process that concerned families should follow when they have concerns: • The process begins by expressing concerns to facility administration and then watch for improvements. • If no changes occur, it is time to contact the Alabama Department of Public Health (ADPH). • The ADPH then has to contact the facility and request information about the concerns. • The facility must quickly respond to the ADPH request, which then needs to review the information and decide if they need more information or if they need to perform an on-site investigation, which requires additional time. Although every step of the process has strict time limits, it is easy to expect that senior family members may see little or no relief for an extended time period. During this time, families typically must make numerous visits to their loved ones to help ensure their […]