Alabama Injury Lawyer Blog

Hunting season is a time for many Alabama residents to take some time and enjoy nature and the out of doors. Residents of large cities, such as Tuscaloosa, Mobile, Huntsville and Birmingham, as well as smaller towns and communities, can find themselves a quiet place to hunt here as well as in nearby states. But as an Alabama personal injury attorney, I know that hunting does not come with a guarantee of safety.

Whether a hunter uses a bow, rifle, shotgun or any other weapon, accidents can and often do happen, even to seasoned hunters. Fatal or life-threatening gunshot wounds are common, as are “friendly-fire” incidents. Surprisingly, tree-stand accidents apparently take one of the largest tolls on younger and many times less-experienced hunters around our state.

According to a recent article, hunters between the ages of 15 and 34 years old are most likely to suffer serious injuries in tree stand-related incidents. Researchers at the University of Alabama at Birmingham Center for Injury Sciences provided data collected from the 2000-2007 National Electronic Injury Surveillance System established by the Consumer Product Safety Commission and the United States Fish and Wildlife Service.

Based on their research, the center reported that the number of Americans engaging in hunting has remained stable over the past 10 years -- 12.5 million hunters were registered as of 2006. In the study presented online in the Journal of Trauma Injury, Infection and Critical Care, researchers reported that men were twice as likely as women to be injured in a hunting accident.

In this same study, the data collected apparently showed that there were 46,860 reported injuries related to tree stand use between 2000 and 2007. Of these injuries, the most common were fractures usually of the hip or lower extremities. Injuries to the trunk, shoulder and upper extremities were less common. Head and spinal cord injuries were even less common, but still frequent enough to be considered significant.

Hunters between the ages of 15 and 24 years old had injury rates of 55.7 per 100,000; those hunters in the 25- to 34-year age range averaged 61 injuries per 100,000. Hunters over 65 years of age had injury rates of only 22.4 per 100,000.

It has been suggested that younger hunters may have higher injury rates because they may be more willing to take risks. Additionally, they may have less exposure to safety information and spend more time hunting than older hunters. In any case, safety campaigns to remind hunters to use safety harnesses and to be certain that tree stand equipment is well-maintained could help prevent future injuries.

Young hunters most likely to be injured using tree stands, study says, OrthoSuperSite.com, January 4, 2010

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Gun-related Injuries , Product Liability , Wrongful Death

Tags: Accidental Shooting, Alabama personal injury attorney, Birmingham Injury Lawyer, Death, Fall, Firearm Safety, Fracture, Friendly Fire, Gun Deaths, Gunshot Wound, Hunting Accident, Personal Injury, Spinal Cord Truama, Traumatic Brain Injury, Tree-stand Injury

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It only takes a moment of inattention for a car crash to turn a passenger into a victim of another senseless traffic accident. Here in Alabama, automobile crash injuries and deaths are commonplace. As a Birmingham personal injury attorney and parent myself, I cringe whenever I hear of a youngster being involved in a car or truck collision. Even coming home from school or riding to a play date with friends, auto accidents can happen in a neighborhood or on the highway.

A recent news story out of Huntsville shows how seemingly callus some people can be. The accident in question left a little boy laying in the hospital apparently in serious condition. According to news reports, a family was riding together in their car on Saturday, December 26, when it was hit by another driver who then drove away and fled the scene. The parents have since made a public appeal that the hit-and-run driver come forward and own up to what he or she did.

Emergency workers arriving at the scene treated members of the family, including little Jacob Austin. The boy’s injuries were such that he was transported to the pediatric intensive care unit at Huntsville Hospital for Women and Children. At the time of the article, Jacob was hooked up to various monitors, a feeding tube, a ventilator and an oxygen supply.

Police reports show that the crash occurred on Highway 53 at Burwell Road. The force of the crash jammed the passenger door shut, which made it difficult to get Jacob out right away. According to the news, the boy’s father, Ronnie Austin, tried to pry the car door open while his mother, Denise, jumped over the front seats to help get him out. Reports indicate that the father remembered seeing a red Ford Explorer briefly before it left the scene.

The little boy was treated for a broken jaw, a fracture behind his eye, lacerations on his liver and kidney, and a sheer brain injury. However, doctors did not know the extent of the brain injury at the time of the report.

Family Pleads For Driver In Hit and Run To Come Forward, WHNT.com, December 31, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Brain Injuries , Car Accidents , Product Liability

Tags: Alabama Injury Attorney, auto accident, Birmingham Personal Injury Lawyer, brain truama, defective equipment, driver error, excessive speed, head injuries, hospitalization, infant, injured child, negligence, passenger car, pediatric ICU, serious injury, spinal column injury, traffic accident, traumatic brain injury

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On-the-job accidents and other mishaps at work can result in a range of injuries, from minor to severe. Occasionally, fatal accidents do occur at work. One problem is that most people do not take sufficient precautions, but employers also have a great responsibility to provide a safe work environment for their employees. As a Birmingham personal injury lawyer, I see stories in the news every week about workers hurt or killed on the job.

Lately, a news account illustrated the potential for injury on the job, even for a young person. According to reports, the Occupational Health and Safety Administration (OSHA) fined an Ashford, Alabama, manufacturing company after a 15-year-old boy received severe injuries when he accidentally fell into a wood processing machine on June 8 last year.

Referred to as a freak industrial accident, reports said that Brian Jacobs Jr. broke both his legs after he fell into an auger machine at the Summerford Pallet plant near old Highway 84 and Houston County Road 55. Jacobs was reportedly helping his stepfather, Jeff Davis, while he worked at the plant.

Fortunately for the teen, he recovered from his injuries. However, OSHA officials felt the safety measures at the plant were lacking. Summerford Pallet reportedly received nine violations and a total of $6,000 in fines from the federal government . The incident was made public by a recent Freedom of Information Act request made by the Dothan Eagle to OSHA.

The information supplied shoed that Summerford Pallet were hit with the citations and fine from on a number of safety violations discovered at the plant based on a two-day inspection following the accident.

According to news reports, on the day of the accident emergency responders from several different agencies worked for almost three hours to free the boy from the machinery, which is used to grind up mulch at the plant.

An AIRHeart helicopter took the boy to the nearby Southeast Alabama Medical Center, where he was admitted to the medical facility’s intensive care unit. Doctors apparently performed successful surgery to save the boy’s legs.

OSHA fines company where teen broke his legs while helping stepfather, AL.com, December 15, 2009

Local Teen hurt in accident in fair condition, DothanEagle.com, June 9, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Industrial Accident , Worker's Compensation

Tags: Alabama Personal Injury Attorney, Birmingham Injury Lawyer, employer liability, fine, industrial accident, On-the-job Injury, OSHA, Workman's Compensation

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No matter where you drive in Alabama, you probably know that single-car and multi-vehicle traffic accidents kill and maim hundreds of people every year. As a personal injury lawyer working in the Birmingham area, I understand the seriousness of urban, country road or interstate collisions. Families have been devistatedand and local communities severely impacted by car, truck and SUV accidents over the years. There are numerous types of accidents that occur weekly in this state, some are caused by other drivers, some are the result of defective equipment, such as faulty brakes or poorly designed safety components.

Car and Sport Utility Vehicle (SUV) Accidents
If you have ever been injured or have had your property destroyed or damaged by a negligent automobile driver, you know the cost of such collisions. Pedestrians and occupants of other vehicles can be fatally injured in crashes involving passenger cars, pickup trucks and SUVs. Hospital stays and medical costs related to such accidents can run in the tens of thousands of dollars, especially for serious injuries requiring long-term recovery times.

Personal injuries caused by traffic accidents can result in life-altering circumstances for both the victim and his or her family. Whiplash, burns to the body, hands or head, not ot mention spinal cord paralysis and nerve damage are just a few of the many serious injuries that can occur in a vehicle-related crash.

Tractor-trailer Trucking Accidents
Add the extra weight and size of a tractor-trailer rig and victims can easily die at the scene of an accident. Those persons lucky enough to survive a collision with a semi can sometimes be laid up for weeks or months recovering from broken bones or severe trauma to the head, neck or spinal column.

Of course, as members of the driving public we expects truck drivers to be safety-conscious professionals who follow all of the necessary federal and state traffic and safety laws. Most do, but there is a percentage of big rig drivers who may not. Sometimes it’s not a deliberate act that can cause a trucking accident, but a seemingly minor thing like driver fatigue.

Continue reading "Birmingham Injury Accident Update: Alabama Car, Truck and Motorcycle Accidents Pose Serious Consequences" »

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Car Accidents , Motorcycle Accidents , Truck Accidents

Tags: Alabama Injury Attorney, auto accident, biker fatality, Birmingham Personal Injury Lawyer, brain truama, defective brakes, defective equipment, driver fatigue, excessive speed, fatal accident, head injuries, hospitalization, motorcycle death, negligence, passenger car, semi-tractor, spinal column injury, traffic death, trucking accidents, wrongful death

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From time to time I hear of potentially life threatening situations created by faulty or poorly designed automobile parts and components. Recently, Toyota recalled 110,000 2000-2003 model year Tundra pickup trucks because of a dangerous rust problem that could affect the mounting hardware holding the spare tire to the frame.

As a Birmingham personal injury lawyer, I understand how a seemingly minor mechanical or structural problem on a passenger car can easily lead to injury or even death. My job is to help those victims and their families who have been injured or suffered as a result of someone else’s negligence.

The defect mentioned in a recent news article could cause the Tundra’s spare tire to become detached from the vehicle’s frame and fall onto the roadway in front of other cars and trucks, which could cause those drivers to lose control and possibly crash. At highway speeds, this could result in multi-vehicle accidents. I’m glad that Toyota has taken the steps to recall these defective trucks so that they don’t become potential hazards on the road.

Apparently the federal government has urged owners of these vehicles to take preventative action by advising them to remove the spare tire from the frame before a dangerous situation occurs.

According to reports, the National Highway Traffic Safety Administration (NHTSA) opened an investigation into excessive rust on Tundra frames this past October after receiving 20 complaints of what the agency refers to as severe frame corrosion. The NHTSA also said that it received 15 reports of the spare tire (carried under the pickup bed) allegedly separating from the frame. Five other complaints alleged that the vehicle’s brake lines were broken or damaged because of the rusty condition of the frame.

Although the recently announced recall involves Tundras registered in 20 "cold weather" states, the NHTSA said owners of 2000-2003 Tundras registered elsewhere will also be notified to have their vehicles inspected and repaired if the owners desire. If you own an affected model that was purchased from a rust belt state, you may want to be especially cautious.

Tundra owners will soon be contacted by Toyota to take their trucks to a Toyota dealer for an inspection of the rear crossmember. If the inspection shows that it can no longer safely support the spare tire, the crossmember assembly will be replaced, according to Toyota. If no significant rust is found, a corrosion-resistant compound will be applied to the frame. Toyota said the inspections and repairs will be done at no charge to owners.

Toyota to recall 110,000 Tundras over rust, MSNBC.com, November 24, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Product Liability

Tags: Alabama Injury Attorney, auto maufacturer, Birmingham Personal Injury Lawyer, car accident, defective equipment, negigence, NHTSA, pickup truck, products liability, recall, spare tire, vehicle frame, wrongful death

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It’s a sad commentary that some physicians are more concerned about personal gain than about people. As an Alabama personal injury lawyer, I’ve seen the victims of medical malpractice up close and I'm appalled by the seemingly lack of compassion on the part of many doctors whose actions result in the injury or death of a patient. Anyone who has suffered from medical mistakes, improper surgerical procedures, or other physician-related errors should contact an experienced personal injury attorney as soon as possible.

Recently I ran across a story detailing how the Food and Drug Administration (FDA) has been slow to bar healthcare professionals, such as doctors and medical researchers who have been convicted of various crimes, from carrying out research for the FDA. According to government watchdog group, many of these criminally convicted health professionals are in charge of overseeing the safety of patients undergoing clinical trials, which calls into question how safe any of us are when it comes to medical research in general.

The FDA has been so slow, in fact, that one documented case involved a doctor who carried out work for the FDA for 11 years even though he had been convicted of 53 counts of criminal offense for, among other things, bribing an employee to conceal information about the attempted suicide of a clinical-trial patient and prescribing a drug without a license.

This is shocking, but it only serves to remind us all that we are not always as safe in the hands of medical professionals as we expect to be. A variety of injuries and chronic afflictions, not to mention wrongful death are just some of the adverse outcomes of medical malpractice.

According to report, the FDA has the authority to bar doctors from overseeing the safety of patients in clinical trials if those health professional flout federal regulations. The FDA is required to disqualify doctors who are convicted of fraud or other crimes. However, it takes the agency an average of four years to strip doctors of their powers, according to a report by the independent Government Accountability Office (GAO).

The types of misconduct that can get a doctor debarred include submitting false information to the FDA, forging patient consent forms and not reporting when a patient has an adverse reaction to an experimental drug.

The GAO says it recommends that the FDA be given debarment authority for medical devices, and that regulations be rewritten so any doctor debarred from one area of agency regulation is barred from participating in all others. The report notes that three doctors who either didn't follow FDA regulations or committed crimes still haven't been debarred. One of the cases stretches back to 2005.

FDA Slow to Debar Doctors Who Commit Crimes, Report Says, WSJ.com, October 22, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Medical Malpractice

Tags: Alabama Personal Injury Attorney, Birmingham Injury Lawyer, clinical trials, crime, Criminal, Doctor, experimental drugs, FDA, federal regulations, healthcare, medical malpractice, medical research, misconduct, patient safety, unlicensed, wrongful death

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Some of the simplest automobile defects can potentially kill and injure innocent people. Recently, across Alabama and elsewhere, Toyota recalled nearly four million cars and trucks for a problem that may cause the gas pedal to stick. This could make the vehicle accelerate out of control, possibly injuring the driver and passengers, and potentially endangering pedestrians and occupants of other vehicles. Curiously, the problem has to do with the floor mat design in some of the company’s vehicles.

While not strictly a mechanical defect, the design of these floor mats was obviously not thought out completely. This may sound humorous to some, but it’s no laughing matter. As an Alabama personal injury lawyer, I recommend that anyone injured by a Toyota vehicle affected with this problem should consider their right to compensation for any medical cost and lost wages, as well as pain and suffering they may have endured as a result. You need a qualified attorney to represent your case.

In September 2007, Toyota recalled an accessory all-weather floor mat sold for use in some 2007 and 2008 model year Lexus ES 350 and Toyota Camry vehicles because of similar problems. More recently, Toyota ordered 1,400 Toyota and Lexus dealers nationwide to ensure that each new, used and loaner vehicles had the proper floor mats and that the mats were properly secured.

This latest recall involves popular Toyota models such as the popular Camry and the hybrid Prius model. News articles indicate that Toyota is cooperating the National Highway Traffic Safety Administration (NHTSA) to find a fix for the problem.

This kind of product defect, although seemingly simple in nature, is just one of many equipment problems that can cause a motorist to lose control of his of her vehicle and perhaps become injured or even be killed. Because this problem could cause a racing engine scenario, the lives of other drivers, pedestrians and occupants of other vehicles could be endangered.

The NHTSA said it had received reports of 102 incidents in which the accelerator may have become stuck on the Toyota vehicles involved. It’s unclear how many of these resulted in crashes but the inquiry was prompted by a high-speed wreck back in August in the state of California. At that time, a Lexus sped out of control, reaching speeds exceeding 120mph. The family inside the vehicle made a frantic call to 911 to say that the accelerator was stuck and they couldn't stop the vehicle.

Anyone hurt as a result of such an incident should contact an experienced personal injury lawyer with a deep knowledge of automotive accident cases. No matter how minor the problem may seem, almost any defective vehicle component can become a safety concern if proper action is not taken to correct the problem. Don’t let your wellbeing or that of your family be adversely affected by even the simplest of vehicle defects.

Toyota, Lexus Mat Recall: 3.8 Million Vehicles Recalled Over Floor Mats, HuffingtonPost.com, September 29, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Product Liability

Tags: accident, Alabama Injury Attorney, Birmingham Personal Injury Lawyer, defective automobile component, excessive speed, high speed, injury, negligence, passenger car, product liability, traffic death, wrongful death

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The scenario goes something like this: You or a family member is hurt on the job in a construction accident, seriously injured in a car crash, or receive a concussion from a slip and fall at a local supermarket or retail store. In Birmingham, Huntsville or any of the hundreds of small towns across Alabama, people suffer minor bumps and bruises all the way up to life-threatening and even fatal injuries just going about their normal everyday activities.

As a Birmingham personal injury lawyer, I have successfully represented clients who have been hurt due to another’s negligence. If you think you deserve to be compensated for medical costs or other damages, stop thinking and start acting. Other than the actual accident that caused the injury in the first place, you need to consider the calendar. That’s right, personal injury claims are greatly affected by the statute of limitations.

In Alabama, filing a lawsuit for any type of claim -- be it an injury from an accident or an outstanding debt that someone may owe you -- it is crucial to remember that there are deadlines for filing lawsuits.

Every state has different rules, and because of this there are different deadlines depending on the type of case. For example, here in Alabama the deadline for filing a negligence claim is typically two years from the date of the accident on which the claim is based. However, the deadline associated with breach of contract is usually longer. There are rare exceptions that can sometimes apply to change the deadlines imposed by statutes of limitations. For example, it is not uncommon for a minor child to be granted a longer period of time in which to file a lawsuit than an adult.

In this state, a worker’s compensation lawsuit must be filed within two years of the date of the accident. There can sometimes be an extension if the employer or the worker’s compensation insurance company makes payment of compensation benefits after the accident.

Furthermore, there can be situations where statutes of “repose” or rules of “repose” can create additional, and many times different, deadlines. These statutes can often operate rather severely in regard to an injured person’s rights if that individual’s injuries were caused by a condition created much earlier.

This all goes to the importance of contacting an Alabama personal injury lawyer as soon as possible to discuss your options. Due to the complex number of rules and exceptions regarding statutes of limitations, claims requirements, and other laws, I highly recommend that anyone contemplating a lawsuit should definitely retain qualified and experienced legal counsel.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Injury Law Procedure

Tags: Alabama Personal Injury, Birmingham Injury Lawyer, brain truama, bus crash, death, defective equipment, fatal accident, head injuries, hospitalization, spinal column injury

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Even though the summer months are on the wane, there is still time to take a dip here and there in the greater Birmingham area, over in Montgomery or down in Mobile. For children, pools, rivers and ponds always pose a curious, yet dangerous opportunity. As an Alabama personal injury lawyer, I am constantly reminded of the hazards all around us. A drowning death is usually preventable. Even when a person is revived, brain death or mental incapacitation is quite often the result. A couple news items point out the danger that water presents, and not just to children.

Not too long ago, a Wood River, AL, man drowned in a private pond in Montgomery County during an evening swim. This was no child, so the lesson here is to beware and always have a friend along when swimming in a secluded or non-public area. According to reports, 55-year-old Jimmy D. Pennington drowned while swimming in a pond just southeast of Walshville, Alabama, which is about 30 miles northeast of Alton.

According to police, witnesses told investigators that Pennington had been swimming in a private pond located on Gerdes Lane, southeast of Walshville, sometime around 7:15 in the evening of August 14. Witnesses also said that they noticed the man was having difficulty swimming and began to struggle before going under water, at which point several people tried to rescue the man.

They reportedly pulled Pennington from the water and performed cardiopulmonary resuscitation, then took him to St. Francis Hospital in Litchfield using a personal vehicle. Unfortunately, the man was pronounced dead at the hospital by a Montgomery County coroner. Similarly, there were a couple more drownings in Houston County this past September.

News reports describe an incident on September 8 where emergency personnel were called to the scene of another tragic death. Another man died during an apparently unsupervised swim in a pond near Web, Alabama, where residents found James Edward Herring II dead around 4:30pm.

Houston County Coroner Robert Byrd said Herring was a resident of a group home located near the pond, but had checked out two days earlier to go visit some family. That death was the second drowning in just one week; an earlier incident involved a teenage boy from Enterprise, Stephen Bush, who drowned over the Labor Day holiday weekend in the Choctawhatchee River.

Wood River man drowns in private pond, TheTelegraph.com, August 17, 2009

Authorities called to second drowning within a week, DothanEagle.com, September 9, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Drowning Deaths , Wrongful Death

Tags: Alabama Injury Attorney, Birmingham Personal Injury Lawyer, drowning death, hospital, negligence, pond, rescue, resuscitation, swimming, water, wrongful death

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On-the-job mishaps, on-premises accidents or other incidences involving bodily injury can not only disrupt your life, but also can put your family in a difficult financial situation. As a Birmingham personal injury lawyer, I have many years of experience handling cases for individuals who were hurt as a result of another person’s negligence. Before you agree to any settlement, I recommend that you consult a knowledgeable Alabama personal injury attorney to better understand you rights following an accident that leaves you temporarily or permanently disabled.

One example of how a qualified legal professional can help you in such situations is related to the area of liability. Take for example a worker injured on the job while working in a manufacturing facility. Initially, it may seem obvious that the owner of that factory or production plant is responsible for any accidents that occur while an employee is working for that company. But did you ever consider what attorneys refer to as “third-party” liability?

Here in Alabama, worker’s compensation benefits can come up short when compared to the lost income and medical expenses associated with an on-the-job injury. Employees injured while working at their place of employment should always consider the possibility of third-party liability when seeking recovery of expenses and other costs associated with an injury. In fact, the recovery from a third party can often be greater than that from the individual’s employer.

As part of my work as a personal injury lawyer, I typically investigate the causes of injury to determine whether or not a third party was responsible for the worker’s injury. It is not at all uncommon to find that a defective manufacturing machine or other device was the cause of the injury. If so, it is very possible that the equipment that caused the injury was defective to the extent that it was not designed correctly so as to protect the operator from injury or lessen certain hazards during operation. Many times, the lack of proper warnings or labeling on the machine could have contributed to the injury.

Third-party liability goes beyond the manufacturer of a machine. It can also be applied to employees of another company who may have themselves been the cause of an accident, such as a motor vehicle crash, which resulted in an injury. There are many types of negligence by third parties that can give an injured worker a cause of action. Because of this, consider carefully before you accept any settlement and by all means contact a lawyer right away. Your family’s future may depend on it.

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Slip & Fall Accidents , Worker's Compensation

Tags: Alabama Personal Injury Attorney, Birmingham Injury Lawyer, employer liability, on-premises injuries, On-the-job Injuries, slip and fall, Third-party Liability, Workman's Compensation

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The recent decision by a Chilton County jury to award $3.5 million to the widow and three children of a Clanton, AL, man killed in a horrendous traffic accident has sent a message to log truck companies across the country. As a Birmingham personal injury attorney having represented clients from around Alabama who have been in similar circumstances, I must say that I am pleased by the outcome of this recent wrongful death lawsuit.

According to news reports, 56-year-old James Sanderson was killed in January 2008 at an Elmore County intersection. The man’s passenger van was rear-ended by a logging truck while waiting for traffic ahead to make a left turn. The driver of that truck, Gary Fruge, was named in the lawsuit along with Ken Gorum Trucking. The events of that day were covered in the trial and included the deadly details.

On that day, according to news reports, Sanderson was stopped behind two vehicles -- a passenger car and another log truck -- in the left-hand turn lane at the intersection of Highways 14 and 170 in Wetumpka. While waiting on the passenger car to turn left, Sanderson was struck from behind by Fruge’s log truck, sending his van into the back of the first log truck. As a result of the collision, one of the logs from the first log truck was forced through Sanderson’s windshield causing a traumatic head injury.

The plaintiff’s attorney showed that Fruge was speeding and that the truck had faulty brakes. Apparently proving that the trucking company had failed to properly maintain their vehicle, the jury fined both Fruge and the company for whom he was driving. The lawyer for the Sanderson family produced experts who testified that Fruge was traveling well in excess of the posted 50mph speed limit.

The Sandersons' attorney argued that Fruge had about one thousand feet in which to bring his truck to a full stop. From the evidence, experts testified that the truck must have been travelling around 65-75mph for Fruge to have applied the brakes and still strike the victim’s van with sufficient force to cause the resulting damage and fatal injuries. Experts showed that if Fruge been going 45mph, he would have been able to stop within 360 feet after first application of the truck's brakes. The jury apparently agreed and found Gruge and Ken Gorum Trucking liable for Sanderson’s death.

While other states across the nation have laws that instruct juries to consider the income and earning potential of a victim, Alabama law does not restrict an award based on these factors. Instead, our state asks juries to base their decisions on the gravity of the conduct, as well as using the award to discipline the defendant and send a message to others. The resulting $3.5 million award is an example of Alabama's approach to wrongful death cases such as this one.

Jury awards $3.5 million to family of man crushed by log trucks, clantonadvertiser.com, July 22, 2009

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Car Accidents , Product Liability , Truck Accidents , Wrongful Death

Tags: Alabama Injury Attorney, Birmingham Personal Injury Lawyer, defective brakes, excessive speed, fine, logging, negligence, passenger car, plaintiff award, semi-tractor, traffic death, trucking accidents, widow, wrongful death

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When it comes to automobile accidents, liability can go beyond just simply the driver of a car or truck, but also to the vehicle's owner. As a Birmingham personal injury lawyer, I have represented enough car, truck and SUV accident victims to know that an incompetent driver is just one piece in the liability puzzle. For any driver, passenger or pedestrian hurt by the actions of another driver, you know the monetary, physical and psychological costs of such accidents.

But whether you have been injured by a drunk driver, an inexperienced driver or just someone who was distracted from the primary responsibility of operating a motor vehicle, the owner of that vehicle also has a responsibility NOT to lend or otherwise offer the use of his or her car to an incompetent driver.

If you or I lend our vehicle to another person, we are each subject to liability for compensatory and punitive damages if that driver causes a crash that results in personal injury to another. The key here is competency.

Every vehicle owner has a legal duty to the driving public, as well as the pedestrians and bicycle riders who share the road with automobiles, not to provide a vehicle to someone who is not competent to drive that car or truck. You must also understand that incompetency takes many forms, such as inexperience (a new driver or someone who is not licensed for that type of vehicle), intoxication (drunk or otherwise impaired from alcohol, illicit drugs, or even prescription medication), or someone with a bad driving record (even Aunt Millie, if she has too many speeding tickets).

So what do you have to look for? The factors that contribute to a cause of action for negligent and/or wanton entrustment of a vehicle are the following:

(1) The entrustment of a vehicle; (2) to an incompetent driver; (3) with the knowledge that the person is incompetent to operate a motor vehicle; (4) proximate cause; and finally (5) damages caused by that person in the operation of the vehicle.

In Alabama, the test would be whether or not the person who entrusted their motor vehicle knew that they were providing their car or truck to an incompetent driver; or from the circumstances could have or should have known of that driver’s incompetence ahead of time. A personal injury attorney will certainly try to prove this by showing specific acts of incompetency that the person giving the keys knew or should have known about.

Continue reading "Injured in an Alabama Auto Accident: Whose Car Was that Anyway?" »

Posted by Steven D. Eversole | Permalink | Email This Post

Posted In: Car Accidents , Insurance Disputes

Tags: Alabama injury lawyer, auto accident, Brimingham personal injury attorney, incompetence, liability, person injury, vehicle ownership

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