Category: Tuscaloosa

Apr 17, 2014 - Car Accidents by Cross & Smith

In filing a Tuscaloosa car accident lawsuit, an experienced plaintiff attorney looks beyond those obviously negligent. The at-fault driver behind the wheel will be named in any negligence lawsuit. However, other parties may be found vicariously liable for the actions of that driver. In English common law, this was known as the “theory of respondeat superior.” This is the principal that allows employers to be held liable for the actions of an employee committed within the line and scope of his or her employment. The employer or vehicle owner can also be sued for independent torts such as negligent entrustment and/or negligent hiring, training and/or supervision. Each state has their own laws and limitations on vicarious liability. At the federal level, Congress passed a measure in 2005, called the Graves Amendment, which bars states from holding vehicle rental or leasing firms liable for negligence in cases where customers cause accidents.

Apr 1, 2014 - Car Accidents by Cross & Smith

If there is any chance that an auto insurance company can find grounds on which to deny a claim, you can bet they are going to try. Our personal injury lawyers in Tuscaloosa know one element that can make it tougher to win your claim is if the policy is outdated. When your policy fails to accurately reflect your living situation with regard to residency and household members, it can create problems when it comes time to file a claim. This was what happened in the recent case of Progressive Gulf Ins. Co. v. Faehnrich. This Nevada Supreme Court ruling reveals why it is so important to revisit your auto insurance policy in the event you move, divorce, have a licensed teen driver in your home, or experience other relevant life events. You want to make sure your loved ones are going to be covered in the event of a serious crash. Here, a married couple in Mississippi secured auto insurance for themselves and their household members. The policy listed Mississippi as their state of residency, and indicated that Mississippi was the state statutory law the policy would incorporate. Any disputes, the policy indicated, would be resolved by the law of that state.

Mar 18, 2014 - Nursing Home Neglect by Cross & Smith

Arbitration agreements almost never benefit the consumer, whether they are written into the fine print of an electronics purchase or as a precursor to employment or shoved in front of family members working to admit a loved one into a nursing home. These agreements require that instead of having any disputes resolved in court, both parties are required to resolve matters before an arbitrator – one who is often chosen by the defendant and paid for by the plaintiff. In theory, the process should be fair. Too often, it’s anything but. Yet these documents have become standard – though not required – in nursing home admissions. In cases of Tuscaloosa nursing home neglect, plaintiffs may wish to challenge the enforceability of the original agreement. This is being done with increasing frequency – and success – across the country.

Mar 4, 2014 - Personal Injury by Cross & Smith

Fraternities are heavily marketed to young college students as a valuable, right-of-passage experience. The promise of a four-year party can be a powerful draw to a group who will soon be staring down a decade or more of burdensome loan debt. However, the experience has resulted in serious injuries for more than a few. As a recent investigation by The Atlantic revealed, in some cases members are left permanently scarred, disabled – even dead. Our Tuscaloosa injury attorneys recall a case just a few years ago in which a fraternity brother attending the University of Alabama sued the Gamma Alpha chapter of the Pi Kappa Alpha fraternity following an alleged hazing incident that occurred when he was 19.

Feb 13, 2014 - Car Accidents by Cross & Smith

Alabama isn’t generally known for being a cold-weather state. You might not be able to tell that, however, if you had ventured out onto the highways over the past several weeks. A 17-car pileup occurred recently in Hoover, just south of Birmingham. Then there were numerous cars and at least five 18-wheelers piled up recently on I-59. And in, Central Alabama, I-65 had to be shut down after numerous 18-wheelers jack-knifed in the middle of the highway. In fact, since Dec. 1, there has been at least one report of a weather-related, multiple-vehicle pileup somewhere in the country, according to a recent analysis by USA Today. Our Tuscaloosa car accident attorneys want to caution drivers to use the utmost care when heading out in bad weather.

Jan 24, 2014 - Car Accidents by Cross & Smith

Drivers in almost every state believe they have a monopoly on the “worst drivers” list. Our Tuscaloosa car accident lawyers tend to believe this has a great deal to do with the fact that so many people have been either involved in a serious crash or have experienced a close call. But as it turns out, Alabamans actually do have a legitimate stake in this claim.

Jan 13, 2014 - Personal Injury by Cross & Smith

Two years ago, the Walter Energy firm selected Tuscaloosa County as the site of a six-year, $1.2 billion energy project that would result in the creation of a new coal mine from scratch. The Blue Creek Energy project is currently underway, and is expected to begin production of 4 million tons of coal for global steel mill export by 2018. Roughly 530 jobs are expected to spring from this venture. This has all been good news for the region. Our Tuscaloosa personal injury attorneys are cautiously optimistic that the new firm will take all precautions necessary. Still, far too many mining veterans are suffering health consequences, including pneumoconiosis, or “Black Lung,” a diagnosis that has plagued the coal industry for decades. Unfortunately, the coal industry has historically had a poor reputation with regard to protecting workers from this fatal, yet preventable, condition.

Dec 18, 2013 - Car Accidents by Cross & Smith

There is an erroneous belief that someone filing a Tuscaloosa car accident lawsuit doesn’t have a high burden of proof or that the case will be generally less complex than other types of injury claims. On the surface, this makes sense. After all, accident reports are usually quite clear: “Vehicle 1 strikes Vehicle 2. Driver of Vehicle 1 is at fault.” End of story. Right? That’s seldom the case, as Fort Motor Company v. Washington, Arkansas Supreme Court, shows. What started as a simple car accident injury claim ended in a 13-year struggle after the case evolved into a product liability action against one of the largest auto manufacturers in the world.

Dec 5, 2013 - Birmingham by Cross & Smith

The Alabama Supreme Court recently sided with a plaintiff seeking damages against a grocery store pharmacy for injuries she suffered after she was given the wrong prescription. Defense counsel in Morgan v. Publix Super Markets Inc. argued in their motion for summary judgment before the Jefferson Circuit Court that the plaintiff failed to make her case because she hadn’t produced an expert witness that would have established a breach of the applicable standard of care under the Alabama Medical Liability Act. However, in reversing the trial court’s earlier decision to grant that motion, the Alabama Supreme Court found that a pharmacy’s negligence in dispensing the wrong medication is so straightforward that the plaintiff didn’t need the testimony of an expert witness to prove it.

Dec 4, 2013 - Personal Injury by Cross & Smith

It was supposed to be one of those weekend that the four young teen boys would have looked back on for years to come with fond memories. It was the Fourth of July. Their families were preparing for a large reunion at a lake house in Huntsville. The adults busied themselves with barbecue preparations. The boys gathered down by the dock to “hang out.” What happened next has become an indelible memory for all, though one they likely wish they could forget. It ultimately resulted in one of those boys suffering a serious firework injury, resulting in an Alabama personal injury lawsuit alleging negligence, wanton supervision and assault. The case of Beddingfield v. Linam was recently heard by the Alabama Supreme Court, which affirmed most of the trial court’s findings of negligence on behalf of the adults who owned the lake house. However, the court did reverse part of the earlier verdict alleging negligent entrustment.