Category: Tuscaloosa

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 […]

May 22, 2015 - Personal Injury by Cross & Smith

The Food and Drug Administration (FDA) approves medications for specific uses which are posted on the labels. Less known, however, is the fact that the FDA does not regulate “off-label” prescribing. This term refers to a common practice when physicians prescribe a drug for something other than its intended use. In many cases, off-label prescriptions can be valuable to patient recovery. Still, patients need to make sure they are fully aware of every detail about the prescriptions they are about to take. Reasons Why Physicians Prescribe Medications for Off-Label Purposes Particularly in the case of minor medical conditions, off-label use of prescription drugs can be very effective. For example, a person with a minor external skin irritation may benefit by applying a sore throat medication containing Lidocaine. Even for more serious conditions, however, doctors may prescribe medications off-label in situations such as the following: A lack of a known treatment: A drug may not exist to treat a medical condition, but physicians may be aware of drugs known to help or even cure a condition, even if it is not intended for this particular use. Standard medications fail to work: Perhaps the most common example pertains to cancer. Once patients stop responding to the known treatments for their type of cancer, doctors may turn to other medications that have some potential for prolonging a patient’s life or reducing painful symptoms. Unaffordable medications: Most doctors know that some patients may not fill an outrageously-priced prescription, while others will stretch their dollars […]

Apr 10, 2015 - Personal Injury by Cross & Smith

Using less water and energy than traditional machines, high energy (HE) washers offer many advantages, particularly to families whose children create extra loads. However, the new technology behind these washing machines also requires families to replace their old laundry soap with HE detergent. Although the detergent is offered in traditional containers, many manufacturers also supply it in single-load pods that make them convenient — and potentially dangerous to children. Our Tuscaloosa accident attorneys support new washing machine designs that preserve water. However, parents who switch to low-sud, highly-concentrated detergent pods need to understand the risks. It takes only minor changes to one’s routine to help ensure the pods do not result in a trip to the emergency room. Why Detergent Pods are Riskier than Standard Detergents Traditionally, a box of laundry powder or a bottle of liquid posed a relatively low safety risk to children for three main reasons: The containers are not particularly attractive to children. Small children (and even adults) cannot easily lift the heavy boxes and bottles. Even with some additives for stain removal and brightening, the formulas are not highly toxic if ingested. Detergent pods, on the other hand, are formulated specifically for use with low-water machines. In fact, new machine owners should not use the older detergents. In addition to keeping the suds level low, their contents are highly concentrated and more toxic. The pods themselves are a double-edged sword: they protect the skin from direct-contact with the detergent, but they look like playthings or […]

Mar 13, 2015 - Car Accidents by Cross & Smith

More than half of the states in the U.S. have instituted statutes that can assign liability to parties who serve alcohol to intoxicated individuals who then cause car accidents. These are commonly known as dram shop laws. Alabama currently has no such laws, according to the National Conference of State Legislators. Even without dram shop laws in Alabama, however, individuals who provide alcohol illegally can still be held liable for related injuries under state civil law. Anyone who suffers injuries due to incidents like these should seek advice from an experienced Tuscaloosa injury lawyer to take advantage of all legal rights available to them. In Alabama, Drinkers are Considered Negligent When They are Over-served Alabama law holds drinkers of legal age squarely responsible for their own actions, as long as the individuals who supply the alcohol do so legally. With no dram shop laws in place, bartenders do not have to assess the sobriety of their adult patrons. The law does not require them to refuse to serve intoxicated customers or prevent them from getting behind the wheel of a car. This is not to say that Alabama has no laws pertaining to alcoholic beverage sales and consumption. In 1990, the Alabama Alcoholic Beverage Control Board implemented a Responsible Vendor Program (RVP). Although the program is largely voluntary, it helps ensure that drinking establishments stay within legal boundaries for serving alcohol. Of course, these laws actually extend beyond drinking establishments to anyone who serve intoxicating beverages. The RVP provides a […]

Jan 9, 2015 - Motorcycle Accidents by Cross & Smith

In 1967, Alabama was among the first four states to implement universal helmet laws that require all individuals who ride motorcycles to use helmets. To be sure, enactment of the law has helped to save lives. Still, most accident lawyers believe motorcyclists and their passengers should take additional preventive actions to further protect themselves from the risk of potentially devastating injuries. Studies Show that the Move to Universal Helmet Laws Has Improved Rider Safety Motorcycles offer little protection, so most people can clearly see why the use of good-quality helmets is so important. Still, individuals who like to feel the wind in their hair may need more evidence. The Community Preventive Task Force offers the following median statistics for states that switched from partial helmet laws or no laws to  universal helmet laws: The total number of deaths decreased by 37 percent. Fatalities related to head injuries went down by 44 percent. The total number of non-fatal injuries decreased by 32 percent. The total number of non-fatal head injuries went down by 51 percent. On the other end, states that repealed universal helmet laws completely or reduced the laws saw similar increases in the median value of these same statistics. Bikers Can Do More to Protect Themselves Helmets represent an essential first step in biker protection, but riders can do much more to protect as many body parts as possible. Our Tuscaloosa attorneys recommend that every biker download a copy of Personal Protective Gear For the Motorcyclist. This two-page brochure, […]

Nov 28, 2014 - Car Accidents by Cross & Smith

For most parents, the day their teens get their driver’s licenses is a frightening one. Losing control over their children’s activities means losing the ability to keep them safe. These days, parents typically use mobile phones to regain a degree of control. In fact, teens report that calls from their parents represent a notable contributor to the distractions teens experience while driving. In Tuscaloosa alone, each auto injury lawyer at our firm has seen too many examples of the results of distracted teen driving. We recommend taking a common-sense approach to keeping everyone safe on the road. Many Teens Report Driving While Talking to Parents The American Psychological Association interviewed eight restricted and unrestricted licensed teen drivers, all of whom reported talking to parents while driving. The results from a written survey of nearly 400 teens were not quite as alarming. However, based on license types, 31 to 50 percent of drivers reported talking to parents — more than talking to friends in most cases. Just as disturbing, only 43 percent of drivers with learners’ permits reported no cell phone usage. Unfortunately, that percentage seems to decrease based on license type. Only 10 percent of drivers age 18 with unrestricted licenses report they do not use phones while driving. A Tuscaloosa auto injury lawyer understands that an unrestricted license does not instantly provide the ability to drive effectively while distracted. Most calls can wait until all drivers arrive at their destination safely. Parents Need to Become Part of the Solution […]

Nov 14, 2014 - Truck Accidents by Cross & Smith

If a Federal Motor Carrier Safety Administration rule proposed in March 2014 moves forward, truckers will be required to monitor their hours of service using electronic devices. Many drivers use these devices already, but others still rely on paper logs. Our truck wreck lawyers believe the proposed change will help ensure greater accuracy in trucking records. More accurate evidence would help level the playing field for individuals who sustain serious injuries at the hands of drowsy truck drivers. How the Proposed Law Would Work The proposed law has received overall support from many trucking companies, as well as the American Trucking Association, According to TruckingInfo.com, the law would require truckers to switch from paper logging to electronic logging devices (ELDs). These devices would comply with many standards, such as the following: In-vehicle devices would record basic information about truck use, including date, time, location, engine hours and other information about the driver, vehicle and carrier. Each ELD would be synchronized with the engine to record activity. The devices would also record pertinent information when a truck is moving. Tampering protection would prevent anyone from changing original information while providing the ability to check information integrity. Reliable Tracking May Facilitate Legal Cases for Accident Victims In spite of detailed logging requirements set forth by the Federal Motor Carrier Safety Administration Interstate Truck Driver’s Guide to Hours of Service, hand-written records are more error-prone than electronic information. Even more important, these records are easy to falsify. When our Tuscaloosa truck wreck lawyers […]

Jun 3, 2014 - Truck Accidents by Cross & Smith

Every day, hundreds of thousands of large trucks traverse state lines to deliver cargo. When one of these vehicle is involved in a crash, it can raise a host of jurisdictional questions. The trucker could be from one state and the trucking company from another, while the accident occurred in a third state. There are even cases that are further complicated when an injured party is from yet another state. Tuscaloosa truck accident attorneys recognize that sorting through these jurisdictional issues is important not only for the purposes of deciding which court should hear them, as we recently discussed in the Alabama Supreme Court decision in Cruz v. J&W Enterprises, LLC. The question of jurisdiction can also have a great bearing on insurance issues. Basically, each state has differing requirements on what kinds of insurance must be carried and paid out and by whom.

May 15, 2014 - Car Accidents by Cross & Smith

The contract you hold with your car insurance companies is probably filled with numerous caveats designed to minimize the firm’s risk of paying up when the time comes. But an element that is inherent in these contracts – no matter what the language – is the implied covenant of good faith and fair dealing. If an insurance company acts in bad faith in dealing with the client, it could be subject to severe punitive damages. Examples of bad faith dealings would be if an insurer denies a claim without proper cause or delays a claim unreasonably. Our Tuscaloosa car accident lawyers have a detailed understanding of uninsured motorist law. You are entitled to coverage for which you paid, and we are committed to helping you obtain that compensation.

Apr 29, 2014 - Truck Accidents by Cross & Smith

Recently in Auburn, one university student was seriously injured and another charged with DUI following a crash that occurred when several youth were riding in the bed of a pickup truck near South College Street. The 22-year-old student is expected to survive, but accident lawyers in Tuscaloosa recognize it as only the latest in a long string of Alabama injuries resulting from passengers riding in truck beds. It’s exactly this kind of incident that a recent Alabama state bill was poised to address. Alabama is one of only a handful of states that still allow people to legally ride in truck cargo beds. State lawmakers have been trying since 1998 to pass a provision that would prohibit this activity, but have so far been unsuccessful. Now, it seems the wait may be even longer, meaning we can expect to see even more injuries and deaths resulting from people riding in truck beds.