Birmingham Personal Injury Lawyer - Automobile Accidents - Most Popular

Homicides Predict Traffic Deaths

Jon Lewis — Sun, 22 Nov 2009 12:42:37 GMT

Do State Homicide rates predict traffic fatalities? According to a University of Michigan study, they do. The study found that there was a parallel with the number of homicides and the number of traffic deaths. What seems to be the reason for this? Aggression.

The study looked at ten factors and "found that seven of them accounted for 71 percent of the variance in traffic fatality rates." Those seven are "homicide rates, proportion of male drivers, proportion of older drivers, number of alcohol-related liver failures (as a proxy for intoxicated driving), density of physicians, seat-belt use rate, and income." Apparently, the strongest predictor of these seven are homicides because homicides relate to aggression which relates to aggressive driving.

What does this teach us? We need to respect others on the roadways. We can't be in a hurry all of the time. We cannot drive while we are doing several other things: texting, playing with the radio, putting on makeup, using the telephone, changing CD's, and having too much noise and distractions in the car. We need to realize that we share the road with others, and we need to understand that different people have different driving styles just as different people have different psychological makeups.

During this holiday season, think before you act. Take a few miles per hour off your speedometer. Leave a little early for that appointment or meeting so you aren't in a rush. Be more passive on the roadways, and maybe you will save a life.

Originally posted at InjuryBoard by Jon Lewis

Loser Pays - A Bad Idea

Danny Feldman — Tue, 10 Nov 2009 07:53:15 GMT

When I was a law student at Vanderbilt, a contracts professor asked a question about whether the "loser" to a lawsuit should be required to pay the "foreseeable costs," ie. the winner's attorney fees. I argued "yes" given that the costs were foreseeable. I was wrong.

This argument, loser pays, really is nothing more than a way for business, insurance companies etc. to shut the doors to the courthouse to the vast majority of Americans who could never be able to afford to pay the tens or thousands of dollars that the other side may incur in attorney fees. Indeed, the reason why contingency fee contracts are regularly employed when representing injured persons is that those persons can't afford to pay their own lawyers an hourly rate. For example, a truck crashes into you, putting you in the hospital for months and causing you to lose your job and health insurance - how in the world will you be able to pay the other side's legal fees if you end up losing the case - and it must be remembered, that even when you are rear-ended, juries can still return a verdict for defendant.

In Alabama, the scale already is tipped very unfairly in favor of defendants. Under ARCP 68 a defendant may file an "Offer of Judgment" which plaintiff has 10 days to accept. If plaintiff does not accept the offer and if at trial, plaintiff does not receive a verdict in excess of the offered amount than plaintiff is on the hook for defendant's costs incurred after the Offer of Judgment was made. In other words, if defendant files an offer of judgment of $10,000 and the jury returns an award of $9,000 for plaintiff, the Court may tax costs (say $5,000) against plaintiff despite the fact that the jury returned a verdict in plaintiff's favor. There is no similar provision in the law that allows plaintiff to make an offer of judgment whereby defendant is on the hook for plaintiff's costs incurred if the jury returns a verdict for plaintiff in excess of what plaintiff offered to settle for. Nor does the rule allow plaintiff to collect costs against defendant if a jury returns a verdict in excess of what defendant offered. How's that for fairness?

As a matter of practice, I would be very surprised if an Alabama judge would enforce Rule 68 as described above, although they could. In addition "costs" do not include attorney fees, but rather are limited to actual costs incurred, like deposition bills, mileage etc. Of course, even costs can run up into the thousands of dollars very quickly, and it is the client that is on the hook for costs. So, you've got to tell your client, not only can you lose, but you also can lose and owe the other side thousands of dollars.

There are several other reasons why "loser pays" is a bad idea - but shutting down the courthouses to the vast majority of Americans is enough.

Originally posted at InjuryBoard by Danny Feldman

Males Die More Than Females

Jon Lewis — Wed, 09 Sep 2009 18:13:59 GMT

According to a study done by the Insurance Institute for Highway Safety, more males have died in automobile crashes from 1975 through 2007. Why? Men typically drive more and take more chances such as speeding and driving drunk. The study can be viewed here.

The article has some very interesting facts regarding the statistics relating to males and females in car crashes. For example, "Almost one-third of all motor vehicle crash deaths in 2007 were females. Females accounted for 29 percent of passenger vehicle driver deaths, 47 percent of passenger vehicle passenger deaths, 30 percent of pedestrian deaths, 12 percent of bicyclist deaths, and 9 percent of motorcyclist deaths."

Check ou the study for more interesting statistics.

Originally posted at InjuryBoard by Jon Lewis

Are you a Guest Passenger?

Jon Lewis — Wed, 25 Jun 2008 18:56:00 GMT

What is a guest passenger? The courts of Alabama have defined it as follows:

“Because the statute does not define the term ‘guest,’ we turn to caselaw for a definition:

“ “ “The general rule is that if the transportation of a rider confers a benefit only on the person to whom the ride is given, and no benefits other than such as are incidental to hospitality, goodwill or the like, on the person furnishing the transportation, the rider is a guest; but if his carriage tends to promote the mutual interest of both himself and [the] driver for their common benefit, thus creating a joint business relationship between the motorist and his rider, or where the rider accompanies the driver at the instance of the latter for the purpose of having the rider render a benefit or service to the driver on a trip which is primarily for the attainment of some objective of the driver, the rider is a passenger and not a guest.” ” “ Cash v. Caldwell, 603 So.2d 1001, 1003 (Ala.1992) (quoting Wagnon v. Patterson, 260 Ala. 297, 303, 70 So.2d 244, 249 (1954), quoting in turn Hasbrook v. Wingate, 152 Ohio St. 50, 56-57, 87 N.E.2d 87, 91 (1949)).”

Alabama law provides that the owner of the car is not responsible for injuries to his passengers as a result of his negligence.

Section 32-1-2

Liability for injury or death of guest.

The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle.

(Acts 1935, No. 442, p. 918; Code 1940, T. 36, §95.)

This law does not hold true of the driver of the car is "wanton". What is wantonness, you ask? Wantonness is defined as conduct which is carried on with a reckless or conscious disregard of the rights or safety of others. What does that mean? If the driver of a car is driving twice the speed limit in a driving rain storm while on the cell phone, that would be considered wantonness.

Should this be the law? Probably not. If a driver is negligent and causes injuries to his passenger(s), he should be liable, and his insurance company should compensate the victim. Why should such drivers receive this quasi-immunity for injuries to their passengers? Many States agree. Unfortunately, Alabama tends to remain status quo.

Originally posted at InjuryBoard by Jon Lewis

Money for a Wreck? Fast? Think again!

Jon Lewis — Mon, 31 Aug 2009 08:08:40 GMT

I was working out at the YMCA the other day, and another one of those attorney ads came on the television. The promise? We'll get you money fast for your wreck. Well, I don't know what process they are using, but I do know that our experience shows that proper compensation for your injuries does not come fast.

In this commercial, the firm implies that the process is quick, easy, and simple. That might be true if the case is settled for less than a fair value. Usually, the adjusters for the insurance companies make you prove your case and injuries before they properly evaluate the claim, and even then, they don't always evaluate it properly.

What if the case has to go to court? What does that entail? Well, we have to file a complaint with the court. Once the defendant is served with a copy of the complaint, they will have thirty (30) days to answer in Circuit Court. Once that process is concluded, paper discovery ensues, depositions are taken, a scheduling order is entered, and the case is typically set for trial within 12-18 months (For more information on the process, visit the Lewis, Feldman, Lehane & McAtee, LLC website). Is that fast? Is that quick and easy?

What about issues of subrogation? What is that? If your medical bills are paid by a health insurance company such as BlueCross BlueShield of Alabama, you have to pay them back and potentially negotiate a settlement with them. If Medicare paid your bills, you have to send them a letter and wait for a response. Do you know how long it takes to get a response from Medicare? Think about typical government action and how long that takes.

When attorneys start making promises of quick and easy cash for your injuries, question the process. How familiar are the attorneys with the court system? How many cases have they tried to verdict? How do they define proper compensation? This article is not to denigrate any firms or their attorneys, but to dispel the idea that these cases can be settled for quick and easy cash and provide you with adequate compensation. They CAN be settled for quick and easy cash, but the case will usually be settled for less than fair value.

Originally posted at InjuryBoard by Jon Lewis

Club Liable for Stripper's Car Accident?

Jon Lewis — Wed, 28 May 2008 11:00:00 GMT

This is an interesting case. The Birmingham News reported in its May 27 edition that Patsy Hamaker has sued her employer, the Furnace, as a result of a single car collision which occurred after work one evening. According to the article, the club encourages dancers to increase liquor sales by giving them a percentage of the drink sales. As a result, Ms. Hamaker allegedly became highly intoxicated and was allowed to leave work in that state.

Without knowing more facts, it is difficult to assess whether the Furnace would have liability in this situation. Surely, the club's owners will deny the allegations. Furthermore, even if they agree that they encouraged their dancers to increase drink sales of customers, they will most certainly argue that they do not encourage their dancers to actually drink the beverages and get drunk.

While I would not argue that this is a frivolous case, it will definitely lead to such arguments simply given the facts, and the tort reformers are probably licking their chops. They will argue that the employee should be responsible and not get intoxicated. But, this is a business which allegedly encourages intoxication because it leads to more money. Whether you approve of strip clubs or not, an employer of such a business should never allow an employee to leave work intoxicated. In fact, the employer should have a duty not to allow an employee to leave work intoxicated. This should be the case not only to protect the employee but, also, to protect the other motorists.

Originally posted at InjuryBoard by Jon Lewis

Alabama Neck Injuries - Low Impact Car Accidents

Jon Lewis — Tue, 24 Mar 2009 10:40:47 GMT

Can your neck be injured in a car crash with a low impact? Most defense attorneys and insurance companies would have you believe that it's impossible. They make many arguments to jurors that it's impossible and that these are just preexisting injuries. But, they are wrong!! Don't be fooled!

There are two examples I can give that will illustrate the force applied even at low speeds: 1) would you put your hand on the back of a stopped vehicle and let another car roll into your hand at 5 miles per hour? Of course not. It would crush your hand. 2) Have you ever played with the ball pendulum game (commonly called kinetic balls or Newton's Cradle)? This game demonstrate newton's third law of motion: for every action, there is an equal and opposite reaction. When one ball is pulled back and strikes the next ball, the force is great enough to travel through the three others and kick the last one up.

When your car is hit from the rear, the force travels through the car, jerks your body, and typically, your head snaps back and then forward. This force can trigger symptoms that were not present prior to the impact. It can also cause damage. This is commonly referred to as whiplash, but that term has been used so critically that it is better to use the proper medical terminology of "cervical strain", "bulging disk", or "herniated disk", depending on what your condition is. If you were already susceptible to an injury due to degeneration in your neck, this force causes the symptoms to present themselves through pain and, sometimes, through numbness and tingling.

Do you have an experience where you were involved in a low impact car crash and experienced significant pain and injury to your neck? Did the insurance company or defense attorney argue such a condition couldn't result from such a low impact? Did they make you feel awful - like you were lying? Let us know. We want to hear your story. The more people who talk about the possibilities show how real they are. Please give us your comments even if they are contrary to the above (maybe you were involved in a low impact car crash and had no pain). We want to know.

Originally posted at InjuryBoard by Jon Lewis

Hit by a Deer? What to do?

Jon Lewis — Sun, 25 May 2008 17:30:56 GMT

Over the years, we have received calls from several people who have had a collision with a deer or other animal. In many of those occasions, we have had to tell the individual that there is not much you can do unless the deer had an insurance policy (as of this post, we have pretty much determined that there has never been such a situation). But, sometimes there are actions that can be taken to obtain compensation.

For example, it was reported in yesterday's Birmingham News that U.S. District Judge William Acker, Jr. awarded $960,832.00 to a Shelby County man whose wife was killed when a deer ran onto the road and caused her to lose control of her car. In that case, Kellie Pieniozek had a life insurance policy which the company refused to pay. So, Donald Pieniozek employed an attorney to bring a bad faith and breach of contract claim against the insurance company. In that case, there was life insurance available, but that will be the rare situation.

What if the person is not killed? Well, in the case of the deer, you are probably out of luck. But, if it is a farm animal or dog, you may still have a claim. With a farm animal, the law is difficult at best. You essentiallly have to prove that the owner placed the animal in the roadway. However, with a dog, you may have some other alternatives.

What are those alternatives? Well, if the accident occurs in the city limits, there might be a city ordinance which requires all dogs to be on a leash or fenced in. If the accident occurs in the county, you should look to see whether the county has adopted the State statute governing dogs running at large. See Section 3-1-5 of the Code of Alabama. If so, you may have a claim against the homeowner and the homeowner's insurance policy. We have used this statute in a case where our client was on a motorcycle, and the homeowner's dog ran in front of the motorcycle. The jury ruled in our favor in that case.

So, if you or someone you know is in a car accident with an animal, your chances of compensation are minimal. But they are not impossible. So, you should always consider your options.

Originally posted at InjuryBoard by Jon Lewis

Healing from an automobile accident part II

Beth Scherer — Wed, 27 May 2009 09:58:27 GMT

In my previous article, I discussed how nutrition plays a role in helping a person heal from an automobile accident. Today, I want to discuss the importance of exercise after an automobile accident.

The following applies only to those who are not severely injured, but rather just stiff and sore. Make sure you speak with your physician before beginning any exercise program.

After an automobile accident, a person generally feels stiff and sore in some area of his/her body. He may experience neck pain, knee pain, hip pain, lower back pain, etc.... Sometimes a person may not feel any soreness until 48-72 hours after an accident. Although it is important to rest after an automobile accident, it is crucial not to stay imobile for long periods of time. The following are some guidelines:

1. Make sure that at least every hour you get up and move. Walk around the house, walk around the block, do some light neck, shoulder and hamstring stretches.

2. Do not go for a run or do anything strenuous.

3. When you are resting, ice the sore areas for 10 minute increments. leave the ice off for at least one hour before reapplying. Make sure you ice for 10 minutes before going to bed. Do not use a heating pad. After taking a hot bath or shower, ice for 10 minutes. This will help with the swelling.

4. If you can get into a pool, do it. However, do not get into a hot tub.

5. Make sure you drink a lot of water - see Part I of this series.

6. Do not do any deep tissue work, get only light massages such as cranial sacral work, swedish, etc... Chiropractic care (light work), Physical therapy (light work), & Accupuncture are ok to start immediately.

The earlier you start working the muscles, the faster you will heal after an automobile accident. Just take it slowly and if you feel an increase in pain - stop and rest.

Dr. Beth Scherer

Chiropractor, Back On Track Chiropractic

Originally posted at InjuryBoard by Beth Scherer

Car Wrecks - New eCrash Reports

Jon Lewis — Mon, 08 Jun 2009 20:36:17 GMT

The Birmingham News reported today that the State has instituted a new eCrash system. This system allows the State Troopers to submit wreck reports electronically. According to the article, this will make the process quicker and allow victims of car wrecks and insurance companies to obtain the reports in a more timely fashion.

Anyone who has attempted to obtain accident reports in the last few years knows how long the delay has been. When the collision is significant enough, it can take months to get the report. Now, the report will be available much more quickly.

This is very important for victims of crashes. The sooner the reports can be obtained, the sooner the investigation can be completed, and the sooner the report can be sent to the insurance carrier so the matter can be resolved. When people are injured and cannot work, it is important to get quick decisions from insurance companies so that they can compensate the victim and help them move on with their lives.

For more information about Alabama automobile accidents, you may visit www.AlabamaAutoAccidents.com. Also, below is a video from the Birmingham News which illustrates the new eCrash system. See State Trooper Wesley Burgett below.

http://videos.al.com/birmingham-news/2009/06/ecrash_program.html

Originally posted at InjuryBoard by Jon Lewis