Category: Birmingham

Nov 14, 2012 - Birmingham by Cross & Smith

When it comes to drowsy driving, professional drivers, train engineers and pilots may be at even higher risk. Our Birmingham personal injury lawyers urge motorists to take seriously the risks of driving tired as safety advocates promote the message of Drowsy Driving Prevention Week: “Drive Alert – Arrive Alive.”  As we reported recently on our Alabama Injury Attorneys Blog, driver fatigue is one of the top causes of trucking accidents nationwide. Shift workers are already at high risk and health advocates continue to be concerned about the high number of truckers suffering from sleep apnea.

Nov 8, 2012 - Birmingham by Cross & Smith

When it comes to tractor-trailer accidents in Alabama, determining cause can be a complex process. Alabama is also a state that recognizes pure contributory negligence, meaning if a victim is only partially at fault, he or she is prevented from collecting any damages from the other driver(s) also partially fault, even if the other driver(s) is determined to be primarily at fault. In looking at the Federal Motor Carrier Safety Administration’s list of top causes of trucking accidents, it becomes apparent that driver behavior is often to blame: -Brake problems -Traffic congestion -Prescription drug use -Driving too fast for road conditions -Driver unfamiliar with road -Roadway problems -Failure to obey traffic control law -Over-the-counter drug use -Inattentive driver -Driver fatigue However, as the U.S. Department of Transportation points out, crashes are complex events and are rarely caused by a single factor. “Elements that influence the occurrence of a crash may take place hours, days, or months before the crash,” the report states. “They include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions.”

Nov 2, 2012 - Birmingham by Cross & Smith

Night driving isn’t the only additional risk factor we face as the clocks turn back an hour — November is also the deadliest month of the year for traffic accidents involving deer. Sunday Nov. 4 at 2 a.m. is the official end of Daylight Savings Time. Our Birmingham injury attorneys understand it’s also the beginning of the deadliest eight weeks of the year on the road.  Daylight Savings Time began in several countries as a way to conserve fuel during World War I. The United States followed with passage of the Standard Time Act in 1918. President Franklin D. Roosevelt dubbed it “war time” when he extended observance to year around during World War II.

Oct 23, 2012 - Birmingham by Cross & Smith

A St. Clair County judge ordered the destruction of 33 Rottweilers after two dogs attacked and killed an 83-year-old man in Leeds late last month. The victim, Donald Thomas, was a neighbor. Neither he nor his wife was able to fight off the 100-pound animals. A police officer shot and killed both dogs. Investigators later found 26 dogs at the neighbor’s home. A veterinarian who assessed the dogs said most did not show outward or abnormal signs of aggression.  The Birmingham News reported that the prosecutor’s office has still not decided whether to file criminal charges. Our Birmingham injury lawyers know whether criminal charges are filed is a separate matter from whether or not a victim can file a personal injury or wrongful death lawsuit for damages in the wake of a dog attack.

Oct 16, 2012 - Birmingham by Cross & Smith

Our Birmingham personal injury attorneys encourage you to start a discussion with your family about the importance of safe driving as we head into the busy year-end holiday travel season. The National Safety Council reports fatal traffic accidents nationwide are up 7 percent compared to the same period last year and more than 5 percent from 2010. It’s news that has safety officials particularly concerned given that the last three months are typically the deadliest of the year.  More than 21,000 people have died in traffic accidents thus far this year; that’s about 90 people a day. Alabama traffic accidents killed 546 through the end of August, down slightly from 2011 but up from 2010. These numbers are expected to continue to increase as the economy improves. And the last three months of the year are historically the most dangerous on our roads.

Oct 1, 2012 - Birmingham by Cross & Smith

A Birmingham newlywed wakes up every day thinking it’s Valentine’s Day after suffering a fall accident at work. WBRC News reports the injured employee was working on a ladder February 13 and can remember the ladder falling out from beneath him. He recalls another employee waking him up, and he was diagnosed with a concussion at the hospital. But then he started forgetting. Soon he couldn’t remember whole afternoons. Then he started waking up every day thinking it was Valentine’s Day, the day after the accident. Our Birmingham workers’ compensation attorneys know fall accidents are the leading cause of fatal work-related injury. Statistics for 2011 released last week by the Bureau of Labor Statistics show 4,609 employees were killed on the job last year. More than 660 died in fall accidents, making it the leading cause of death after transportation accidents and fatal contact with objects or equipment. A total of 74 employees were killed on the job in Alabama, including 10 who died in falls.

Sep 26, 2012 - Birmingham by Cross & Smith

A new warning has been issued about the risks of child injury involving backyard trampolines. On Monday, the American Academy of Pediatrics reported nearly 100,000 children a year are injured on these trampolines. “Pediatricians need to actively discourage recreational trampoline use,” said Michele LaBotz, MD, FAAP, co-author of the report. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.” Birmingham personal injury attorneys understand children are most at risk for injury by dangerous or defective products. Each year, the Consumer Products Safety Commission recalls more than 100 defective products marketed to children — including clothing, toys, cribs, strollers and highchairs.

Feb 21, 2012 - Birmingham by Cross & Smith

In an effort to curb Birmingham car accidents and crashes across the state, a new anti-texting bill is getting widespread support in Alabama’s House of Representatives. The Birmingham News is reporting that a number of high-level lawmakers are backing the bill, which would completely outlaw texting behind the wheel in our state. The way our Birmingham car accident attorneys understand it, anyone who violates this law would be slapped with a $25 fine for the first offense, $50 for the second conviction and $75 for the third or subsequent offense. Some wonder if the bill even goes far enough, considering the devastation that distracted driving can cause on Alabama’s roads.

Nov 28, 2011 - Birmingham by Cross & Smith

During the holidays, families across the country will be joining together to give thanks and spend time with family. Unfortunately, during the holidays the number of fatal car accidents in Birmingham will increase dramatically. Family members should use this time to discuss the dangers they’re likely to face on our roadways with elderly family members. Many older drivers will set out on our roadways to join together with their families across the state. The rest of us will spend more time with elderly loved ones than at any other time of the year. These drivers may not drive as frequently as you and me and may have forgotten how to handle the holiday traffic. They can also be experiencing some aging affects that can hinder their abilities behind the wheel. The holidays are a good time to assess the driving abilities of older loved ones and to talk with them about staying safe behind the wheel. Researchers with the Center for Advanced Public Safety (CAPS) at the University of Alabama conclude that the majority of fatal traffic accidents happen late at night or during the early morning hours.

Oct 10, 2011 - Birmingham by Cross & Smith

Workplace injuries and accidents kill about 4,500 people a year – 15 so far this year in Alabama – and cost U.S. businesses billions. Elizabeth Maples is the deputy director for the Deep South Center for Occupational Health and Safety at the University of Alabama at Birmingham’s Ryals School of Public Health. It is one of 17 national academic research and teaching centers chartered by the legislation that created the Occupational Safety and Health Administration (“OSHA”) in 1971. The center offers graduate-level courses on how to identify, prevent and fix workplace hazards. “Others include Johns Hopkins University, Harvard, the University of South Florida and the University of Washington,” Maples said. “We are in good company.”