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16687020074_db03aa8ce2_z-300x171Alabama has a significant problem with uninsured drivers. At our firm, we help families suffering because of a personal injury. Car accidents and commercial truck crashes cause many of the injuries we see. Imagine suffering a severe injury only to learn the responsible person has no insurance to help with your damages. That is the scenario many hurt individuals face. Too often, negligent drivers causing injuries on our highways are uninsured. That’s why our firm has long advocated that you purchase sufficient uninsured / underinsured motorist coverage to protect yourself and your family.

Want to know more about why you need sufficient uninsured/underinsured motorist coverage? You can read an article we wrote earlier this year titled Alabama Drivers Need Uninsured Motorist Coverage. You need adequate uninsured/underinsured coverage (also frequently called UIM coverage) to protect your family against both uninsured and underinsured drivers. Too many insured drivers carry the minimum amount possible which is unlikely to compensate you fully for any serious injury.

How bad is the problem of uninsured drivers in Alabama? The Insurance Information Institute has compiled some startling statistics. According to their statistics, Alabama ranks in the top 10 for the most uninsured drivers on the road. That’s certainly not a good category in which to rank within the top 10. In 2015, approximately 18.4% of the drivers in Alabama were uninsured. That’s a huge percentage of people driving cars all around you each day.

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Commercial Truck InjuryTruck driver health is a significant safety issue on Alabama highways. Federal regulations require commercial truck drivers to obtain a medical certification regarding their health. Recent events lead to the question — Are some trucker medical certifications bogus?

Last year, I wrote an article discussing truck driver health and its impact on highway safety. That article is titled “Are Truck Driver Health Issues Causing Accidents?” According to National Institute of Health (NIH) statistics, truck drivers suffer rates of obesity, diabetes, hypertension and sleep apnea at rates far higher than the general public. When left untreated, these conditions can create huge risks of highway accidents. With proper medical examinations and certifications, many unhealthy and unsafe drivers have the opportunity to get the medical care they need. This protects all of us from needless personal injury on the highway. And, it protects drivers by giving them the opportunity to restore their own health.

Last year, Federal authorities arrested an Atlanta-area medical examiner for issuing fake medical certifications. That examiner actually operated out of a truck stop. According to Department of Transportation (DOT) investigators, that examiner was issuing over 350 truck driver medical certifications a month. The DOT estimated more than 6,000 drivers from 48 states were impacted by these certifications. After reading the articles about that Atlanta-area medical examiner, I wrote a post asking “Are Medical Examiners Certifying Unsafe Truck Drivers?” In that post, I suggested discussion topics to improve the credibility of the certification process. These suggestions included:

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diabetes-2058045_1920-300x173A new research article asks if physicians are starting to move patients away from Invokana use? It’s a good question. On this blog, I’ve written about Invokana numerous times. For a detailed history of the drug, you can read some of my past articles which are cited at the end of this post.

What is Invokana? The drug is in a class of medications known as sodium-glucose cotransporter 2 (SGLT2) inhibitors. Other drugs in this class include Farxiga, Jardiance, Glyxambi, and Xigduo XR. SGLT2 inhibitors work by altering kidney function to stop reabsorption of glucose into the blood stream.

Diabetes is a huge health problem in the United States. Here, in Alabama, we suffer one of the highest rates of diabetes. Diabetic patients need good medical care. What they do not need are pills that carry more risk than benefit. While we need medications, we need those medications to be tested and safe for use. That’s why the growing list of serious injuries associated with Invokana is an important issue to Alabama patients (and a frequent topic of this blog).

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Personal Injury -- Blackwell Law FirmA recent study estimated a significant percentage of medical studies are ghostwritten. The really troubling detail — Up to half of all medical studies may be ghostwritten by companies with a financial interest in the research.

Next time you see or read a medical article listing a researcher or physician as the author, take a step back. Did the listed author really write the article? Maybe. Maybe not. Maybe a drug company or medical device company funded and really authored the article.

Consider the revealing article published by former ghostwriter Linda Logdberg. The article is titled Being the Ghost in the Machine:  A Medical Ghostwriter’s Personal View. How does Ms. Logdberg now feel about her former career?

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Drawing from Beinecke Library (License link: CC BY-SA 2.0)

The Insurance Journal recently reported the story of a client solicitation and kickback scheme involving several Florida attorneys. The arrested Florida attorneys were charged with paying solicitors for clients and then arranging kickbacks from medical providers. It’s an awful scheme that harms people who are genuinely hurt and need counsel. And, it’s a black eye to both the legal and medical professions.

Every day, I hear the stories of people who are genuinely hurt and need help. Injured people already face struggles — problems with medical care, sudden expenses, potential job loss, the loss of their vehicle, and sometimes, long-term pain or disability. It’s a big list of real worries. Injured people already face an uphill battle against insurance companies who sow the seeds of false doubt at every stage.

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Last Friday, I spoke at a workers’ compensation seminar in Birmingham. If you have read this blog in the past, then you know my strong feelings that lawyers should be life-long students of their legal specialty. That’s why our firm members routinely teach at seminars on topics involving personal injury, workers’ compensation, defective products, experts and trials. I’ve also been candid in my past blog posts that lawyers who populate billboard and television advertisements diminish the legal profession and too often harm clients. We even have a law firm in Huntsville now advertising on billboards for injury clients it secretly intends to refer for profit to another firm. In my opinion, that is dishonest and unethical. But, let me get back to the topic of this post — last week’s workers’ compensation seminar.

I believe this recent workers’ compensation seminar was one of the best yet. The credit for planning the seminar goes to attorney David Nomberg of the Nomberg Law Firm in Birmingham. I’ve known David and his brother Bernard for years. They are among the best workers’ compensation attorneys in Alabama. Bernard and I began our careers (over two decades ago) at the same Birmingham trial law firm handling cases throughout Alabama. I’m thankful David invited me to speak at this seminar.

David asked me to speak on workers’ compensation trial strategies. I have tried these cases in counties throughout Alabama. I have a specific philosophy about workers’ compensation cases. My philosophy about workers’ compensation and general personal injury cases is simple — Clients deserve a lawyer who will prepare their case for trial. Many lawyers will not do that. Better preparation leads to better trials and better settlements.

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insurance-1991216_1280-300x211Another driver crashed into you. You suffered personal injuries in the car accident. Now, you need medical care. Medical Bills. Lost Wages. Disability. Pain and Suffering. You may be worried about several issues. So, you decide to make a claim.

After making a claim, you learn more bad news. The driver who caused the crash is bankrupt. You learn the other driver has actually filed a Chapter 7 bankruptcy seeking to discharge all of his or her debts. Can you still recover compensation for your personal injuries? In most cases, the answer is yes.

At our office, we have helped many injured accident victims recover compensation even when the driver who caused the crash is bankrupt. These issues can require legal guidance. An experienced personal injury attorney willing to fight for his or her clients can help. But, be careful who you hire. Many billboard and television advertising attorneys talk a big game but are unwilling (or unable due to a lack of real courtroom expertise) to do the real legal work needed.

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Commercial Truck On HighwayIn 2015, large commercial trucks were involved in more than 400,000 police-reported crashes on our nation’s roads and highways. Over 4,000 large trucks and buses were involved in fatal crashes. Many other crashes caused serious and permanent personal injuries. Truck safety is an important issue for all drivers. Truck safety is a frequent topic of discussion on this blog. In past posts, I’ve discussed trucking topics such as the medical certification process for truckers, trucker health issues, current highway safety regulations and the danger of distracted driving among commercial drivers.

In the last two decades, our cars and trucks have become much safer. Available designs and technologies have improved vehicle safety for everyone. When it comes to commercial trucking, several available technologies could promise to increase safety significantly. What are a few of those available safety technologies?

Lane Departure Warning Systems

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Photo by R. BauerA recent truck crash in Indiana highlights the importance of “Move Over” laws. The Indiana case involved a tow truck driver preparing to tow a disabled vehicle from the right shoulder of the Interstate. While helping stranded travelers and their disabled vehicle, an oncoming eighteen wheeler suddenly plowed into his tow truck. The tow truck driver had his yellow lights activated. The approaching tractor-trailer could have moved into another lane away from the tow truck. Yet, it did not.

Did the eighteen wheeler stop after the crash? No. The trucker fled the accident scene leaving the severely injured tow truck driver. One of the stranded passengers was a nurse. She saved his life. Yet, because of his severe injuries, the tow truck driver still required a leg amputation at the hospital.

I’ve written previously about the dangers emergency responders face on our highways. Police. Paramedics. Tow truck drivers. Utility workers. These individuals work to protect us. Their jobs often place them close to high traffic areas.

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Blackwell Law FirmOur highways are littered with attorney billboards. Daytime television channels are filled with lawyer commercials. Attorney advertisements are everywhere. More correctly — Advertising attorneys are everywhere except the courtroom. You rarely see these billboard and television lawyers helping real clients in real courts. Most billboard and television lawyers advertise simply for a volume of cases they can easily settle. Our profession should be better.

Now, Huntsville even has one local law firm advertising for cases it actually intends to refer rather than handle. That is, the firm wants the cases just to refer them. People with legal problems deserve better than the current (and misleading) world of attorney advertising.

Consider the Huntsville firm now advertising constantly on billboards and radio. Overnight, that firm (a DUI firm) plastered new billboards along highways in Huntsville, Decatur and Athens. Suddenly, that firm started advertising for all types of cases. The website for this new billboard law firm even had a page for wrongful death cases. Nothing is more difficult for a family than the death of a loved one. During a time of grief and loss, a family does not need the added problems caused by inexperienced legal counsel.