As a personal injury lawyer located in the Birmingham area, I serve residents of Jefferson, Shelby, Cullman and other surrounding counties. When it comes to recovering damages due to a car, truck or semi tractor-trailer traffic accident, I understand how serious a high-speed vehicle collision can be to any family, much less to those folks already struggling with their finances.

In fact, personal injuries resulting from car crashes and SUV rollovers can bring about life-altering conditions for victims and their families. While some accidents are fatal, other traffic wrecks can result in serious burns, spinal cord and brain injuries, not to mention permanent paralysis.

I know that there are no guarantees in this life, and as drivers we each assume risks every time we venture beyond out of our driveways. A recent study conducted by the Reader’s Digest magazine indicates how dangerous Alabama’s roadways can be for some drivers and passengers.

According to the report, Alabama ranks number one in speeding-related fatalities on our roads. That’s a sobering statistic. Furthermore, we are listed as one of the top ten states for a motorist to be killed in an alcohol-related traffic accident.

How does this relate to actual numbers? According to the report, Alabama has around 0.75 speeding-related fatalities per million vehicle miles traveled, ranking it first over the other 49 states – that’s nearly twice the national average of 0.39 deaths per million vehicle miles.

In the area of alcohol-related traffic deaths, our state was ranked 9th out of 50, with 0.53 DUI-related deaths per million vehicle miles traveled. While not as bad as the speed-related fatalities, Alabama still ranks higher than the national average of 0.40 drinking-related deaths per million vehicle miles traveled.

Reader’s Digest ranked all 50 states to determine the safest, most scenic and sensible roads. They also included a list of 15 bad roads dreaded by drivers nationwide, and while Alabama was not named in that list, they did mention the Monteagle Mountain section of I-24 just north of the Georgia-Alabama border. A piece of road so bad, according to Reader’s Digest, that Johnny Cash recorded a song about it. Said one trucker, “It’s the only place I’ve ever seen runaway truck ramps used.”

Reader's Digest Ranks Safest, Deadliest Roads in U.S., TruckingInfo.com, March 16, 2010

15 More Bad Roads, RD.com, March 2010

Recently, the Consumer Product Safety Commission (XPSC) and Infantino LLC announced a recall of more than one million baby slings following reports of three separate cases of infant death in connection with the apparently defective product. According to news articles, the victims include a seven-week-old infant, a three-month-old baby, and a six-day-old newborn. Each of the three infant fatalities took place in 2009.

As a Birmingham personal injury lawyer, I understand how a parent can easily trust a product. And since we as a society put so much faith in manufacturers to sell proven and safe devices and products, it can be a shock when something as terrible happens to a family such as those affected by these apparently defective baby slings.

Whether you live in Dothan, Tuscaloosa, Huntsville or any of the dozens of communities throughout Alabama, my job as an injury attorney is to help victims and their families who have been injured or suffered as a result of another party’s negligence.

Based on new reports, the recall came just a couple weeks following a CPSC warning that was issued to families about the importance of using these sling carriers in the correct fashion. Nearly a dozen deaths have been linked to baby slings over the past 20 years. However, despite an earlier warning by Consumer Reports in regard to various hazards posed by using a baby sling, many parents remained unaware that these “hip” child carriers can cause infant suffocation leading to serious injury and sometimes death.

Since newborn babies are not capable of controlling their heads, an infant may not be able to turn away if and when the sling’s fabric obstructs the child’s nose and mouth. When a baby’s breathing is cut off in this manner, suffocation can occur in just a couple of minutes. Also, if the baby is curled up in the sling so that the child’s chin is pressed into the chest, oxygen may have a difficult time getting to the lungs, resulting in a tragic situation due to slow suffocation.

Infantino baby sling recall: Are any baby slings safe?, Christian Science Monitor, March 24, 2010

Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies, CPSC, March 12, 2010

As a Birmingham personal injury lawyer well versed in workman compensation cases, I understand that job-related accidents and their resulting work-related injuries can make life difficult for all concerned. Sadly, some industrial or commercial accidents occasionally cause fatalities. Every worker must take precautions not to allow himself to become injured on the job, however employers also bear a large part of the responsibility to protect their workers from potentially dangerous conditions.

As an injury attorney, I saw a recent news account that illustrated how quickly a life-threatening industrial accident can happen. According to reports, a man was injured in a mid-morning explosion at Trans-Cycle Industries of Alabama in Pell City, AL. The incident occurred around 9am as the worker was removing bolts from the top of a large electrical transformer.

Police in St. Claire County believe that the explosion resulted from the ignition of explosive gas which had built up inside the transformer. Apparently triggered by the worker’s plasma cutter, the explosion blew the top off transformer and threw the employee from atop the large piece of electrical equipment. Emergency personnel estimate the man landed approximately 20 feet from the point of the explosion.

According to police, 39-year-old Greg Smith of Birmingham, Alabama, suffered only a broken right leg. He was treated at the scene and then transported by ambulance to University Hospital in Birmingham.

According to the news report, TCI specializes in the cleaning and recycling of equipment contaminated by PCB heat resistant fluids, which were commonly used in the design of electrical transformers decades ago. The U.S. Environmental Protection Agency banned the manufacture of PCBs in 1979 -- they are listed by the EPA as a probable cancer-causing agent.

A company spokesman for TCI stated that PCBs were not the cause of the accident and that the company was not certain at the time of the mishap what exactly caused the explosion. Whether or not the man will be able to collect workman's compensation is another question.

Of course, commercial and industrial accidents can be very dangerous and victims have been known to suffer permanent bodily injury and even death depending on the particular circumstances. At the time of the news article, it was unknown whether the Occupational Health and Safety Administration (OSHA) would be investigating the accident, however it was stated that TCI has never had a serious work-related accident in its 17 years of operation in Pell City.

Explosion injures man at Trans-Cycle Industries Friday, TheStClairTimes.com, March 13, 2010

In the countryside, as well as in our cities, there are more than enough opportunities for pedestrians to sustain injuries, many of them life-threatening, due to an automobile collision. Auto-pedestrian accidents typically result in the pedestrian being severely hurt, left unconscious or even permanently disabled as a result. The aftermath of a car-pedestrian collision usually entails cuts and bruises at best, with broken bones, concussions and possible traumatic brain and spinal cord injuries being commonplace.

Recently, a 17-year-old student from Baker High School was hit by the driver of a pickup truck near a construction zone in West Mobile, AL. The traffic accident took place in the morning hours while the young man was crossing Airport Boulevard apparently on his way to school. According to police, Alfred Leonard was in critical condition following the accident that happened just before 7:30am. Emergency personnel responding to the crash treated the student who was subsequently transported to the University of South Alabama Medical Center.

Based on news reports, the boy was still unconscious when he was admitted to the medical facility’s intensive care unit (ICU). A spokesman from the Alabama Department of Public Safety stated that Leonard suffered a lacerated liver, broken femur and a possibly serious head injury.

As much as we may want to trust that drivers will be watching out for persons on foot, my warning to anyone who walks on or near public thoroughfares is be very careful and never assume that motorists will see you, even in the middle of the day. As pedestrians we must be highly vigilant and aware of oncoming traffic. Even if you cross in a designated crosswalk, be sure that all traffic is stopped and it is safe to proceed. Being a personal injury lawyer and parent myself, I say this goes doubly for children walking to or from school.

Baker HS Student Struck By Truck, WKRG.com, February 4, 2010

As a Birmingham personal injury attorney, I understand how much an on-premises accident can disrupt a person’s life. This kind of accident can really put your family in a financial bind. Representing Alabama resident in the area of injury law, I have many years of experience in handling cases for people hurt or killed as a result of another person’s negligence.

One thing you must do before agreeing to any settlement with an insurance company or other party is to consult a knowledgeable Alabama personal injury attorney. The small amount of time required can help you to better understand your rights in the aftermath of an accident. Whether that injury is only temporarily or has left you permanently disabled, you must do your research before making any decisions that could adversely affect you and your loved ones.

Being injured at work or while performing a job-related task means you may be able to qualify for workmen's compensation. As above, if you have been injured on the job never agree to settle any claim without first talking with a qualified attorney who focuses his or her practice on Alabama worker's compensation law. An experienced workmen's comp lawyer has the skills to help you realize the award to which you are entitled under Alabama's workmen's compensation laws.

And don’t forget, Alabama worker’s compensation benefits can sometimes come up short when compared to lost income and high medical expenses associated with an on-the-job injury. An experienced injury lawyer can help you in the event there is third-party liability associated with your injury. In fact, it is not uncommon for the recovery from a third party to be greater than that from the individual’s employer.

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

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

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

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

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

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.

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

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

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

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.