Birmingham Personal Injury Lawyer - Killed

Does High Performance Driving Lead to Accidents?

Jon Lewis — Wed, 08 Jul 2009 19:36:30 GMT

In the last couple of weeks, the Birmingham News has run an article on the Porche Driving School along with several articles covering wrecks leading the the death of several drivers and passengers. This has led me to ponder the question, "Do our average drivers think they are on the NASCAR circuit?"

Now, I'm not suggesting that the Porche driving school leads to these types of wrecks, but I do wonder what many of these people are thinking. In the articles above which discuss the wrecks which killed three people, the writer describes the wrecks as follows: one vehicle struck a tree on Alabama 155 in Jemison; another wreck happened at the 31st Street exit off of Interstate 20/59 North; and the third vehicle driven by a 44 year old man drove off the road in northeast Jefferson County and partially ejected him. In today's Birmingham News, it was reported that a woman was killed in Pratt City when the driver lost control of the vehicle, and another man was charged with his brother's death when he ran off the road, overcorrected and flipped his Ford Explorer.

All five (5) of these collisions were single vehicle collisions. There was not one moving car or truck which caused the wrecks. Yet, five people are dead as a result of this senseless driving. When do adults mature and realize that driving can be exceptionally dangerous? When you are driving down the road at a relatively low rate of speed, say 20-30 mph, and you hit a stationary object such as a tree, you are going to get hurt. SERIOUSLY HURT!!

You have to pay attention to the road. You cannot be drunk. You cannot text. You cannot be fiddling with the radio or air conditioner. You have to watch where you are going. One small move in the wrong direction can mean death. Pay attention. Be careful. Realize that you are not in NASCAR. Which, by the way, I'll bet you the NASCAR drivers are paying attention and not putting on makeup.

Originally posted at InjuryBoard by Jon Lewis

Two Dead in Jefferson County Crashes

Jon Lewis — Tue, 30 Jun 2009 09:40:00 GMT

On Saturday, August 27, 2009, the Birmingham News reported two wrecks which killed two people. The first involved a motorcycle and a pickup truck. This occurred on Second Avenue North in Jefferson County, Alabama. According to the News, the pickup truck driver did not see the motorcyclist and turned left in front of him.

How do these happen? Typically, motorcyclists are very careful drivers (not always, but in many cases). The problem, however, is motorists do not see motorcyclists. Given their small size and, many times, dark colors, cars have difficulty seeing them. Usually, the motorcycles have to have their headlight on. I'm not sure about this situation given the story, but what we need to learn from this is people need to be more careful when they are on the roads because motorcyclists and bicyclists have just as much right to the road as cars and trucks.

The second death occurred when a woman was getting her mail in Grayson Valley. An SUV collided with a car, flipped, and hit the woman. This collision happened on Watson Road. The drivers of both vehicles were sixteen years of age. Apparently, the driver of the car didn't see the SUV and pulled out in front of it.

What can we take from this collision? Maybe teenagers need more training before we give them the keys to a car. Many states have differing laws for teenage drivers. Some have to continue their training after getting their license. Some states don't allow teenagers to drive at night. With cell phones and texting proliferating, it is inevitable that teenagers will use poor judgment and use those devices in their cars. How can we stop that? I'm not saying that that was the cause of this fatality, but it is sure to happen in the future, and we need to consider these issues.

Originally posted at InjuryBoard by Jon Lewis

South Carolina Surprise

Jon Lewis — Mon, 29 Jun 2009 21:36:08 GMT

It was reported this past week that South Carolina Governor, Mark Sanford, has had an affair. The media has treated this as landmark news. What I think would be landmark news is a politician who has not had an affair. Is this surprising? Should we expect anything less?

Why am I writing about this? Because I meet with clients every day who show surprise when the law doesn't go their way. What do I mean?

Let's take arbitration for example. Clients come into the office after being defrauded by a company or had a contractor treat them wrong. After reviewing the contract and seeing the arbitration clause, I tell them that they cannot sue the defendant in court. They have to arbitrate the claim. The reaction, "What?" "Are you kidding me?" "How can they do that?"

Or, what about when I have to explain Alabama's wrongful death law. In Alabama, when someone is killed by the negligence of others, you can only sue the other person or company for punitive damages, not compensatory damages. In other words, we have to argue to the jury that they must punish the defendant, not compensate the victim's family. That becomes VERY difficult when the defendant made a mistake such as running a red light or changing lanes without looking properly.

What is the respective clients' reaction to this? "What?" "Are you kidding me?" "How is that possible?"

What's the moral of the story? Pay attention. Pay attention to your spouse and to politicians, and maybe, you won't be surprised. Pay attention to your legislators and judges. Know what laws they are passing. Lobby your congressmen and let them know that these laws aren't right and need to be changed.

Originally posted at InjuryBoard by Jon Lewis

What have we Learned from GM and Chrysler?

Jon Lewis — Fri, 19 Jun 2009 14:54:19 GMT

TEN things we have learned from GM and Chrysler:

1. There is no corporate accountability.

2. They enjoy taking the public's money.

3. Their CEO's and executives have gotten rich while they have failed to properly manage their companies.

4. They took bailout money knowing that they would file bankruptcy - isn't that fraud?

5. They have no insurance, and the court's aren't making them get insurance - why?

6. Chrysler will have no liability to consumers who are killed or injured in a wreck in defective vehicles - Unbelievable!!

7. The taxpayers will be paying their debts for years to come.

8. They cannot compete with foreign car makers.

9. They weren't green until they had to be green.

10. THEY SHOULD HAVE JUST GONE OUT OF BUSINESS!!!

Originally posted at InjuryBoard by Jon Lewis

Accidents Caused by Drunk Drivers - Part 5

Jon Lewis — Sun, 14 Jun 2009 21:50:36 GMT

In this last part of this series, I will discuss one last method for people to protect themselves and their families from accidents caused by drunk drivers. What happens if the drunk driver is uninsured? What happens if he was drinking at home before he got in his car on the road? What happens if you or a family member is injured or killed by this type of drunk driver? How will you or your family be compensated?

Well, if there is no bar or package store involved, if there is no insurance coverage, or if the drunk individual has no personal assets to recover, there is only one way to be compensated for the damages caused by the drunk driver: YOUR UNINSURED MOTORIST COVERAGE ON YOUR OWN POLICY. How will this help? It won't if you don't have such coverage or if you don't have enough coverage.

In Alabama, you are required to have uninsured motorist coverage unless you tell your insurance agent, IN WRITING, that you don't want such coverage. However, even if you don't reject it in writing, you will only have the minimum of such coverage in the amount of $25,000 unless you request otherwise. Many companies will allow you to carry $250,000 or $500,000 worth of uninsured motorist coverage. In addition, you may stack the uninsured motorist coverage on three of your vehicles (unless the insurance coverage is on separate policies, but that is another matter). Therefore, if you have $250,000 on each vehicle, you will have $750,000 worth of coverage if the drunk driver is uninsured or underinsured.

This does not mean that you can collect the full amount of the coverage if a drunk driver injures or kills you or a family member, but you or your family will be able to recover compensation based upon the injuries and damages up to the amount of $750,000. Isn't this where you want to be? Uninsured motorist coverage is not very expensive, but in a state where 15-25% of the drivers are uninsured, you need to protect yourself, and uninsured motorist coverage is the best way to do that in Alabama.

Originally posted at InjuryBoard by Jon Lewis