Category: Tuscaloosa

Nov 19, 2013 - Birmingham by Cross & Smith

Recently, an article in the Huffington Post talked about the myth that medical malpractice claims are a primary contributor to high medical bills. This article aimed to shoot down that common misconception by pointing to data that illustrated the cost of medical malpractice in Birmingham and elsewhere has been dropping across the nation for the last 10 years. In 2003, there were close to 17,00 paid medical malpractice claims in the U.S., totaling close to $5 billion. By 2011, the number of paid claims had dropped to less than 10,000 and the total payout was less than $3.5 billion. That’s about a 40 percent drop in the number of paid claims and a near 30 percent drop in the amount paid out. The cost of medical malpractice insurance began to rise in the early 2000s after a period of essentially flat prices. Rate increases were precipitated in part by the growing size of claims, particularly in urban areas. Among the other factors driving up prices was a reduced supply of available coverage as several major insurers exited the medical malpractice business because of difficulty in making a profit.

Nov 2, 2013 - Tuscaloosa by Cross & Smith

Tuscaloosa personal injury attorneys note recent reports indicate there are 228 deaths and 17,000 injuries every single year in the United States as a result of backover accidents. A backover accident happens when a car going in reverse runs someone over. Often, the victim of these accidents is either a senior citizen over age 65, or a child under aged 10. In fact, almost half of all backover accident victims are young kids. Backover accidents typically happen in parking lots and when leaving driveways. Drivers must be sure to carefully check their rear view mirrors in order to avoid causing serious injuries or fatalities to those who may be behind the vehicle. Unfortunately, sometimes it can be difficult for drivers to see what is to their rear. Rear view cameras were supposed to be mandated in order to alleviate this problem, but the National Highway Traffic Safety Administration (NHTSA) has delayed the mandate and instead added rearview video systems to its list of recommended safety technologies.

Oct 3, 2013 - Birmingham by Cross & Smith

We tend to think of railroads as a travel method of a bygone era. In reality, not only are Alabama railroad crossing injuries and deaths an ongoing risk, they are a rising one. According to new data from the Federal Railroad Administration, the number of pedestrians fatally struck by trains nationwide spiked by more than 25 percent in the first five months of this year. The figures indicate that while there were 158 railroad pedestrian deaths from January through May of 2012, there were 199 during the same time frame this year.

Oct 2, 2013 - Birmingham by Cross & Smith

It’s been six months since a huge sign at the Birmingham International Airport came crashing down, killing a 10-year-old boy and severely injuring his mother and younger brothers. Our Birmingham premises liability lawyers know three other signs just like it were removed. We know, based on an investigation by Al.com, that there were advance warnings that the signs could pose a safety threat. And we also know that the family of the boy has filed a wrongful death lawsuit, that is slated to proceed in November of next year. What we don’t know is how much safer we are in the airport.

Oct 1, 2013 - Car Accidents by Cross & Smith

Involvement in a Tuscaloosa car accident typically happens suddenly and without warning. The only way to prepare is to steel yourself before each and every trip, no matter how seemingly insignificant. That means buckling your seat belt, making sure the kids are properly restrained, keeping your vehicle in good working condition and remaining alcohol and distraction-free. Now, it may also mean affixing a yellow dot to the back of your vehicle.

Sep 23, 2013 - Amputation by Cross & Smith

Amputation injuries in the U.S. have been on the rise over the past decade, as numerous veterans returning from wars in Iraq and Afghanistan are survivors who have lost limbs in the course of their service. But our Alabama personal injury lawyers know that veterans aren’t the only ones who have been at high risk. Those involved in certain types of motor vehicle accidents (particularly motorcycle wrecks) have had to endure such injury, as have those who have suffered on-the-job injuries – particularly in fields that require the routine use of industrialized, mechanical equipment. For example, recently in Missouri a glass manufacturing firm was cited by inspectors with the U.S. Occupational Safety & Health Administration after an employee suffered a finger amputation while repairing a machine. Investigators would later learn that the incident stemmed from the employer’s failure to shut off power to certain energy sources before the maintenance was initiated. OSHA called the oversight “unacceptable,” and fined the firm $137,000.

Sep 18, 2013 - Birmingham by Cross & Smith

It is an exciting time to be a college football fan in the State of Alabama and as fans we look forward to watching our favorite team play on TV but we especially look forward to the games we actually attend. For some fans their tailgate party is more of a small gathering of friends and family, while for others it is the social team party of the century. These game day celebrations often include alcohol, and unfortunately statistics reflect a substantial increase in drinking and driving accidents on football game days. Several college football teams will play their first home game of the season this Saturday, including Alabama (vs. Colorado State University) and we here at Cross and Smith, LLC are encouraging all college football fans that if they choose to drink alcohol, that they drink responsibly, designate a sober driver, get a cab, use public transportation or contact a friend or family member to ensure they get home safely and without being a danger to others on the road. All fans need to be made aware that, if they drink and drive and cause an accident, not only can they can face criminal charges but they can be sued for damages suffered by anyone that was injured as a result of the accident.

Sep 17, 2013 - Birmingham by Cross & Smith

The first case in a series of multidistrict transvaginal mesh lawsuits against the manufacturer C.R. Bard did not go as the company had hoped. As a result, the health care products manufacturer intends to appeal, knowing full well that such a judgment sets the tone for the flood of future cases that are waiting in the pipeline. However, a federal judge has denied a motion from the defendant Bard to stay or hold the other pending cases while this one works its way through the appellate process. In the case of Cisson v. C.R. Bard, the jury sided with the plaintiff, awarding her $250,000 in compensatory damages and $1.75 million in punitive damages.

Sep 11, 2013 - Birmingham by Cross & Smith

With the Fall season right upon us, we look forward to all the different State Fairs coming to town. Along with all the great food and prizes to be won, we also need to be reminded of the potential dangers of the amusement rides. Just this past weekend at a fair in Connecticut, 18 people including 12 children were injured after one of the amusement rides malfunctioned. The incident is currently under investigation as to the cause of the malfunction and the police are looking into whether the owner of the ride has been cited for any prior safety violations. Owners and operators of state fairs and/or amusement parks have a legal responsibility to ensure the safety of the riders and the visitors to their park. That includes ensuring the property and their attractions are properly maintained and kept in a reasonably safe condition. Although each incident may have different circumstances, legal responsibility for injuries incurred by the riders could rest on the amusement park owner, the ride designer or manufacturer, the ride operator and/or a ride owner. Among the potential claims made against these types of defendants are including, but not limited to, wrongful death, negligence, premise liability and/or defective product claims all of which our attorneys at Cross and Smith, LLC handle.

Sep 3, 2013 - Car Accidents by Cross & Smith

How many Tuscaloosa car accidents could be prevented if every vehicle on the road was equipped with technology that allowed it to “talk” to other vehicles to determine when a crash is imminent – and then take measures to avoid it? While it sounds somewhat futuristic, officials with the National Highway Traffic Safety Administration say they are “on the verge” of a breakthrough in such technology. The agency has just wrapped a year-long trial of some 3,000 cars, buses and trucks that were connected by Wi-Fi signals intended to curb the number of wrecks and help improve the flow of traffic. It is believed that this kind of technology, had it been in place last year in New Jersey, could have prevented the death of a young girl riding on a school bus that was struck by a dump truck and flung into a utility pole. A total of 17 other children were seriously injured – including the girl’s two sisters.