February 24, 2010

Birmingham Personal Injury News: Former Alabama Exotic Dancer Wins $100K Injury Suit following DUI Accident

As a personal injury attorney serving clients in Birmingham, Auburn, Gadsden, Bessemer and throughout Alabama, I have the skills and experience to help individuals injured as a result of another person’s negligence. Whether it’s a slip-and-fall accident, products liability case or injury resulting from a drunk driver, you’re best course of action is to retain the services of a qualified legal professional.

Not surprisingly, an experienced auto accident lawyer and personal injury attorney can make all the difference in the world to someone hurt in a traffic or on-premises accident. A recent article brought to mind the potential benefit of bringing legal knowledge to bear in an injury case. According to news articles, it has never happened in the history of Alabama’s legal system, but a former nightclub stripper sued her employer after she drove drunk and became injured in a drunk driving-related car crash.

Amazingly, the former exotic dancer was awarded $100,000 after blaming the club for her accident. According to court records, Patsy Hamaker of Bessemer, AL, claimed she left the strip club in an intoxicated state and eas subsequently injured in a 2007 traffic accident. She argued that the nightclub went against its own written policies, although lawyers for the club said that no policies where in existence at the time.

Hamaker had filed the suit against The Furnace in Jefferson County for a total of $1.2 million in damages after she left the club and drove home drunk. According to reports, the woman had a 0.198 blood-alcohol content following the accident on October 17, 2007.

Although the plaintiff was legally drunk, she claimed the club was at fault for allowing her to leave before she sobered up. Defense attorney’s for the club argued that Hamaker was also high on other substances, which the club apparently did not know about. Still, a jury sided with the former exotic dancer, who said she can no longer dance because of the injuries sustained in that traffic accident. A Jefferson County jury awarded her $100,000 for compensatory damages to cover her unpaid medical bills. No punitive damages were awarded.

The defense said it would consider an appeal from a public policy stand point since there has never been a case like this in the state of Alabama.


Jury awards ex-Stripper $100K for DUI wreck, WashingtonPost.com, February 3, 2010


Former Exotic Dancer Wins Lawsuit Update, CBS42.com, February 2, 2010


February 10, 2010

Birmingham Personal Injury Attorney News: Alabama Drivers can be Hurt by Inattentive Cell Phone Users

It’s a shame that here in Alabama with all our modern conveniences, those same labor-saving devices can cause nearly as much harm as good. I’m talking about cell phones and inattentive drivers. As a Birmingham personal injury lawyer and motorist myself, I how often a fatal or near fatal accidents happen due to distracted drivers. Texting, of course, is one of the worst activities a person can do while operating a motor vehicle. Police say it’s almost worse than drunk driving.

This may be the reason why President Obama called for a nationwide ban on cell phone texting just last month. Representing folks who have lost a loved one through the negligence of another person is something I do for a living. Many victims and their families are put in terrible circumstances as a result of a traffic accident or other disaster that could have been avoided if it wasn’t for the carelessness and sometimes callousness of someone else.

According to a recent news article, new data out shows that cell phone use while driving is a direct cause of nearly one-third of all traffic accidents. This is a shocking statistic, yet the National Safety Council (NSC) announced that 1.6 million crashes each year are caused by drivers using cell phones -- a staggering 28 percent of all crashes. And, based on accident data collected from across the United States, the NSC estimates that of those 1.6 million crashes, 200,000 are caused by drivers who are texting.

Of course, people have been saying for years that cell phone use while driving is a very risky distraction. Apparently texting is an even higher risk, according to Janet Froetscher, president and CEO of the National Safety Council.

Fortunately, legislation has been introduced in the Alabama Legislature that would make texting while driving illegal in the state. In fact, a study by AAA Foundation for Traffic Safety shows more than half of all drivers reported having used a cell phone for either talking or texting while operating a motor vehicle. That same study indicated that 60 percent of the drivers said they use a hand-held phone, compared to 34 percent who use a hands-free phone.

According to the National Highway Traffic Safety Administration, 11 percent of drivers at any one time are using cell phones. That’s one car out of every ten that you see in traffic has a person using a cell phone -- either talking or texting on it. Think about that the next time you’re at a traffic light.


Cell phones can be hazards, TimesDaily.com, January 25, 2010

January 13, 2010

Birmingham Injury Lawyer News: Alabama Boy Severely Injured in Hit-and-Run Traffic Accident

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

December 16, 2009

Birmingham Injury Accident Update: Alabama Car, Truck and Motorcycle Accidents Pose Serious Consequences

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" »

September 9, 2009

Alabama Wrongful Death Case Results in $3.5 Million Jury Award to Dead Motorist’s Family

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

August 26, 2009

Injured in an Alabama Auto Accident: Whose Car Was that Anyway?

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?" »

July 29, 2009

One Death, Multiple Personal Injuries in I-20 Rollover Accident near Alabama State Line

Whether it’s here in Alabama or elsewhere, it’s a terrible shame when good people are killed or injured in seemingly haphazard accidents. Being a personal injury attorney, I read with sadness a news report about a Baptist church bus carrying several dozen adults and children that rolled over on I-20 near the Alabama Welcome Center north of Birmingham, AL. One 14-year-old boy died from serious injuries received when he was thrown from the bus during the tragic crash, while 23 other passengers escaped near death with lesser injuries such as broken bones, cuts and bruises.

According to reports, on July 12 the church bus was traveling eastbound on Interstate 20/59 near the Alabama Welcome Center at the Alabama/Mississippi state line, about 80 miles southwest of Tuscaloosa. Suddenly, a tire blew out causing the driver to lose control of the vehicle. The bus apparently veered quickly to one side, which caused the large vehicle to flip over and roll three times at highway speeds.

As a Birmingham personal injury lawyer, I can say without a doubt that a high-speed rollover accident is one of the more violent vehicle crashes. For a bus crash, where the passengers are typically not wearing seatbelts, injuries sustained by the occupants can be extremely severe to the point of being fatal. Not only broken bones, but head, neck and back injuries are very common, which includes brain and spinal column trauma.

The church’s youth minister, Jason Matlack, fractured his C7 vertebra and had artery injuries that caused serious internal blood loss. According to reports, it took doctors a while to figure out why the man was losing so much blood. He is doing better now, but his injuries were severe and could have resulted in death had doctors not been able to stabilize him early on.

Several teenage passengers also received serious injuries. One girl, who was released from the hospital a few days after the wreck, had fractures of the neck and upper back. Another youngster had surgeries to repair fractures to her femur, clavicle and face. Still another remained in critical condition a week following the accident due to severe head injuries.

In all, 17 youths and six adults were injured and one teenager was killed in the accident -- all because of one blown tire. Whether the final police accident report shows the tire was too old, poorly maintained or simply defective from the factory, the pain and suffering that these folks and their families have gone through is almost immeasurable.

If you or a loved one has been hurt as a result of a vehicle accident caused by defective equipment or another person’s negligence, my advice is for you to consult an experienced personal injury lawyer to learn about your various options to recover medical costs and other damages for pain and suffering. Life is too precious.


Youth minister hurt in bus wreck released from hospital, ABPNews.com, July 20, 2009

June 17, 2009

Alabama Man Sentenced for 2005 Injury Accident that Nearly Killed 16-year-old Girl

A former school board member and bank president from Marshall County was sentenced this week for a 2005 DUI accident that sent a 16-yeal-old girl to the hospital with life threatening injuries. Conrad Hamilton, 65, who pled guilty this past March to felony assault, ran a stop sign at Alabama 69 and Fourth Street NE on Christmas Eve and smashed into the vehicle in which Tiffany Hill was riding.

The accident left the Arab High School student unconscious and on full life support with severe brain injuries. According to reports, she was in the hospital for three weeks, 10 of those in the ICU. Upon returning home, her parents noticed a tremendous change in the girl. Her brain trauma had left her with the mental capacity of a seven-year-old and required her to be on medication to prevent seizures.

Because of the accident, Hill missed the second half of her sophomore year and had to repeat the grade, as well as enroll in special education classes. According to recent reports, she still has some short-term memory loss and although she graduated high school, she has a hard time with reading and comprehension. She also experiences bad headaches everyday.

I’ve counseled clients who have been injured due to someone else’s negligence and the stories are too sad to relate. Many times, the penalties that our legal system hands out are insufficient from the family’s standpoint. This is why it is so important to retain a skilled legal professional. As an experienced Birmingham personal injury attorney, I aggressively represent my clients to the utmost of my abilities.

In this case, the judge said he had a difficult decision to make, because the defendant was not only remorseful, but also a respected member of the community. Nevertheless, Mr. Hamilton made a conscious choice to drive drunk that December night and the judge let that fact, along with the young victim’s extensive injuries, guide his decision.

In the end, the judge sentenced Hamilton to a suspended six-year jail term with the Alabama Department of Corrections; three years probation; six months in the county jail; 500 hours of community service; fines and court costs; and an order to complete a Marshall County Court Referral program.

The judge also added another 12-month jail sentence at the end of Hamilton's probation, saying that whether or not Hamilton has to serve the additional 12 months would depend on his conduct during the probationary period.

It’s a shame that the victim and her family had to wait three years for closure in this case, yet their pain will continue regardless of the punishment the court recently handed down, which is why I have made it my mission to help clients with similar personal injury stories.


Hamilton sentenced to six months in the Marshall County Jail, TheArabTribune.com, June 8, 2009

May 20, 2009

Alabama School Bus Crash Injures Several Students

A multiple-vehicle accident in east Montgomery, AL, on the afternoon of May 14 caused two public school buses to collide, and resulted in one child being sent to the hospital with neck and shoulder injuries. The collision occurred on a service road and included two other passenger vehicles.

According to police, three individuals were taken to local hospitals with minor injuries. Two Montgomery County Public School students and a third person from one of the passenger vehicles were transported by ambulance. The personal injuries included one student’s hand, while a second student suffered from injuries to the neck and shoulders. There was no immediate information on the third victim.

As an Alabama Personal Injury Lawyer, I can tell you that these types of accidents happen quite often. And while reports of this accident say the injuries were minor, this is not always the case. Not to mention that even minor injuries can become a source of constant pain and discomfort for years to come. The only way to be sure your rights are protected is to enlist the help of a qualified personal injury attorney. This incident involved children, which is all the more concerning.

It all happened when the two buses belonging to Montgomery County school system were traveling from Georgia Washington School to Baldwin on a service road around 2:40 p.m. Based on reports, it appears that second bus hit the first bus from behind, thus starting the chain reaction accident. After being hit, the first bus slammed into the rear of a Mazda passenger car, which itself rear-ended a pickup truck in front of it.

A spokesman for the school district said there were approximately 15 students on each bus at the time. Another bus was dispatched to the scene to pick up the remaining children, who were then taken to Georgia Washington school to be evaluated before being sent home.

While the exact reason for the crash has yet to be determined, the injuries were real and police are continuing their investigation. Regardless of the severity of an accident, if you or a relative has received injuries as a result of someone else’s negligence, you should consult with a qualified legal professional, such as the staff at Eversole Law. We offer free initial consultation to help you understand your rights in cases of personal injury.

Minor injuries in double MPS bus crash, WSFA.com, May 14, 2009

May 6, 2009

Alabama Trucker Arrested for 3 Deaths in Cell Phone-related Highway Crash

Authorities recently arrested an Alabama truck driver who allegedly caused a fatal multi-vehicle pileup in Missouri almost ten months ago. The highway crash, which caused three deaths and more than a dozen injuries, was the result of a seemingly simple distraction from a ringing cell phone. The regrettable thing is that the Muscle Shoals resident reportedly had a clean driving record. Yet his actions have irreversibly altered the lives of many victims and their families.

As a Birmingham Personal Injury Attorney, I have encountered many stories just like this one. This case shows how many individuals can be affected by the actions of just one person, and why it is important to retain the services of a qualified legal professional to represent your interests. The plaintiffs are just now preparing themselves to face the ordeal all over again in a court of law, nearly a year after the actual incident.

What happened that mid-July afternoon was a disaster in the making. According to reports, Jeffrey R. Knight, 49, was driving a 2005 Freightliner loaded with scrap aluminum. By his own admission, Knight told investigators that he had been distracted by a cell phone.

A highway patrol report quotes Knight as saying, "I reached across the dash to get my cell phone. I flipped the phone open, looked back at traffic, and I was there right at the last car (in the line of cars stuck in traffic). I didn't see any brake lights or emergency flashers. After I hit the first car, I just remember holding the steering wheel and seeing cars going to my left and right."

The aftermath told the story. The truck ran into, and over, a line of 10 vehicles that had backed up on eastbound Highway 40 (Interstate 64) just west of Interstate 270. Three people died and 15 were injured.

Two of those killed were Amish from northeastern Missouri who were headed to a funeral in Tennessee with a hired driver. Lydia Miller, 55, died the day of the crash, and Alvin Mast, 88, died two days later. Charles "Keith" Cason, a 55-year-old copier salesman on a business trip, was in the first vehicle to be rear-ended by the truck. He died immediately, according to authorities.

Knight, who until that day had a clean driving record, was charged April 8 with three counts of second-degree involuntary manslaughter, which alleges that the deaths resulted from "criminal negligence." According to authorities, each count is punishable by up to four years in prison.

If you or a loved one has been injured in an automobile accident, the legal professionals at Eversole Law are ready to help you.


Alabama trucker, distracted by cell phone, charged with crash that killed 3 here, STLToday, April 15, 2009

Investigation continues six months after deadly pileup, STLToday.com, January 13, 2009

April 13, 2008

New Law Proposed to Curb Fatal Car Accidents Involving Teen Drivers

The Alabama House of Representatives voted last Thursday to place tougher restrictions on teen drivers. The new bill will require 16 and 17 year old drivers to be off the roads by 10:00 p.m. on the weekends and 11:00 p.m. on the weekends. The new law is designed to make Alabama roads safer. The bill was proposed after a number of recent fatal accidents on Alabama roadways by teen drivers. According to the sponsor of the bill, Mac Gipson of Prattville, teen drivers make up fifteen percent of all highways deaths but only six percent of drivers are teens. Thus, teen drivers account for a disproportionate amount of fatal accidents on Alabama highways.
I am concerned that this law will give law enforcement more reason to target younger looking drivers, and I am not sure of its effectiveness. I do know, if this law was around when I was a teen, my love life would have suffered greatly. I think a more appropriate measure would be to mandate longer permit periods and better driver's education programs. If a teen were to get his driver's permit at 14 and have two years of driver's education, fatal accident on Alabama roadways involving teenagers would decline without the draconian measures advocated by the Alabama legislature.

October 2, 2007

Birmingham, Alabama Car Accident Lawyers

I am a Birmingham, Alabama personal injury and car accident lawyer and attorney. I represent clients throughout the state of Alabama who need help protecting their rights. Insurance companies have millions of dollars and hundreds of car accident lawyers working against your claim. If you or a loved one have been injured in a Alabama car accident, you need to contact an Alabama car accident attorney who focuses his practice on personal injury and car accidents. My firm will work endlessly to obtain maximum compensation for your injuries. Eversole Law represents personal injury and car accident victims in Birmingham, Montgomery, Huntsville, Mobile, Tuscaloosa, Hoover, Cullman, Bessemer, Homewood, Mountain Brook, Vestavia Hills, Florence, Fort Payne, Anniston, Gadsden, Scottsboro, Decatur, Trussville, Gardendale, Fultondale, Moody, Leeds, Pell City, Pelham, Priceville, Guntersville, Dothan and all across the state of Alabama. We will not rest until those responsibile for your personal injury and car accident are held accountable.

September 27, 2007

Two Killed In Shelby County Auto Accident

Two Sterett men were killed last week in a Shelby County, Alabama car accident along Alabama 25. Details are sketchy and no one knows if another car was involved. My thoughts and prayers go out to the deceased men's families. Every time something like this happens, we should all thank God for our health and remember to drive safely. Your whole life can change in an instant.

September 24, 2007

Motorcycle Accidents

George Clooney was injured in a Motorcycle accident on Saturday. Clooney suffered broken ribs and bruises while trying to pass a vehicle in the right lane. In New Jersey, it is illegal to pass a vehicle in the right lane, but it is unclear whether or not the car involved used his turn signal. New Jersey is likely a comparitive negligence state, which means Clooney and the driver of the car will be judged on their comparitive fault. So, if Clooney is 49% negligent for passing in the right lane, but the driver of the car is 51% negligent for not using his turn signal, the driver will have to compensate Clooney for the percentage difference.