Articles Posted in Personal Injury

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dog-900215_1920-copy-300x256DOG BITE INJURIES ARE FREQUENT

Homeowners’ liability insurance is an issue in many personal injury cases. Clearly, a huge percentage of personal injury cases are traditional automobile accidents covered by automobile insurance. Yet, many other claims involve different types of events triggering homeowners’ coverage. Our firm is currently handling several different types of injury cases where this coverage is available for our injured clients.

What is one source of injury that is frequently addressed by homeowners’ coverage? Dog bites and animal attacks. Most of us know the old saying, some dogs are more bark than bite. Think about that small neighborhood dog that never seems to stay quiet. That dog may be harmless. But, other dogs can cause very serious and permanent injuries. Too often, the victims are children. Over the years, we’ve helped clients who suffered dog bite injuries so severe they even required plastic surgery.

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Blackwell Law Firm - Huntsville Personal Injury LawyersWhat is Alabama’s Move Over Law? The law began as a protection for police helping or citing motorists along the highway. We have all seen a police officer on the roadside doing his or her job. The officer must stand just feet from cars traveling at high speeds. It is a very dangerous position. Many police officers have been injured or killed over the years by passing motorists. If you ask any law enforcement officer, they will admit this is one of the scariest parts of their job.

Eventually, our original Blue Light Law was amended to include other workers who must also perform their jobs on the side of our highways. These include paramedics, firefighters, wrecker drivers, utility workers, sanitation employees. All of these individuals work at significant personal risk.

At our office, we have seen the tragic results of drivers who refuse to slow or move for emergency personnel. Several years ago, we represented the family of a young paramedic struck and killed by a passing driver. This paramedic was helping a hurt motorist on the shoulder of the Interstate. Despite flashing lights from two patrol cars and the ambulance, a reckless driver sped down the icy highway without slowing or moving to the far lane. The driver lost control. He struck the paramedic, killing her.

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497364007_b28f03366a_z-300x225The lawyer appears and asks for your case. His ads are simple — Smile. Act Confident. Tell Viewers To Call. In his advertisements, one local Huntsville lawyer claims, “we have the lawyer to fix your problem.” Does he? Can he fix all your problems?

The advertising lawyer wants your case. That much is true. Yet, his law firm website (in the fine print) discloses a little more truth he hopes you won’t notice. While his firm takes personal injury clients, they refer the serious ones to outside lawyers for work. That begs the question — Why advertise for cases you don’t really handle through trial and appeal? The answer is simple. For firms who simply sign up cases, it’s not about the client or the case. If the lawyer cared about the client or the case, he or she would not be asking for cases they really did not handle. He would not claim expertise in every legal area possible. No, the answer comes down to fee (money). The smiling advertising lawyer wants the case to get a quick settlement or referral fee. Often, that is NOT in your best interest. And, he hopes you don’t know that.

If you are the injury victim who needs a lawyer, this can be a bad deal for you. Here are four ways it can be a bad deal for you:

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Blackwell Law Firm - Helping Truck Accident VictimsYou have been driving a dark stretch of rural Interstate or highway in Alabama at night. You have car trouble and must slow or stop. Suddenly, you are struck from behind by a large commercial truck.

It’s not a farfetched scenario. Some people must drive at night for work. Others choose to take long trips at night when our roads are less congested. If you have driven at night on the Interstate in Alabama, you will also see many large eighteen wheeler trucks. On poorly lit stretches of rural highways, it is absolutely essential that all drivers can see. And, all drivers must see far enough ahead to stop safely when necessary.

This is the exact scenario of some recent clients. A family was traveling through Alabama on the Interstate. While on a rural stretch of the roadway, they blew a tire and their SUV flipped. None of them suffered injuries (at this point). As they were trying to exit the overturned SUV, a large eighteen wheeler struck them. This rural stretch of Interstate was largely flat but unlit. The commercial trucker took no evasive action until just before the impact. He tried to swerve only at the last moment before the crash. He did not see the SUV or people in his path until too late. Why did the trucker not see the objects right in front of his truck until it was too late? After investigating the scene and vehicles, our experts concluded the trucker was driving too fast. He was overdriving his headlights. He did not see the distressed family in time to avoid a tragic crash. That crash left a family without a wife and mother.

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roundabout-39394_1280-300x300It’s been almost 30 years since I was a Freshman at the University of South Alabama (USA). Driving on campus meant regularly using the large roundabout that connected my dorm to the academic buildings. For most students at USA (back then), this was the first roundabout ever seen. The design was largely unknown in Alabama. Since then, the concept has grown in use due to traffic and safety issues.

Now, I regularly drive the roundabout in downtown Huntsville near the civic center. Yet, you still see some drivers hesitate as they approach — uncertain as to a road design unfamiliar to them. After watching an uncertain driver at that roundabout yesterday, I decided to write this post.

Roundabouts are a frequent safety feature of roads in Europe. In the United States, they are less common. But, the number of roundabouts is increasing. Are roundabouts a safer alternative that reduces serious roadway injuries? Highway experts say, YES. While the focus of my blog is personal injury and safety, highway experts say roundabouts provide several important benefits.

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Blackwell Law Firm - Huntsville Personal InjuryDo Alabama hospitals treat accident victims differently? The short answer is, YES. If you are an accident victim, you can pay the price for the hospital’s actions. An article published earlier this year in another state tells the story. That story is titled “Man says hospital went after car crash settlement instead of insurance.” That story leads with the following:

You can’t tell the difference in the emergency room. It happens when the hospital is ready to collect its money.

Many of us have some type of health coverage. Blue Cross. Medicare. Tricare. United Health. You assume the hospital will first submit the bill to your health coverage provider. After all, you paid for the coverage. The hospital may even have a contract with your health provider requiring it to submit the bill. Yet, hospitals often treat accident victims differently.

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Blackwell Law Firm - North Alabama AttorneysWorker safety is far too often a one-way street. Following a major injury or workplace death, families are left to pay the long-term price. On the other hand, the cost to companies is often small and short-term.

The latest Congressional proposal is a prime example of unfairness for workers. Our leaders are currently proposing massive spending for infrastructure. Who pays for the infrastructure improvements? We do. The money comes from taxes paid by workers. Don’t get me wrong — We need infrastructure improvements. I support improving our failing roadways and bridges. It takes both money and labor to accomplish that task. While using our tax money for the work, Congress also wants to use our labor with no regard for worker safety. How? Certain leaders in Congress are proposing to alter Federal law in an effort to provide greater protection for their construction industry friends. That’s wrong.

I’ve already seen the worst when it comes to safety on Federally-funded projects. I previously represented a steel worker who fell over 20 feet on a construction site at Redstone Arsenal in Huntsville. My client lived. But, the fall left him permanently disabled. After being hired in that case, we began a thorough investigation. What we found was beyond disturbing. We discovered a general contractor with no regard for site safety. We discovered a general contractor with no safety plan for the equipment or process at issue. Interestingly, the general contractor advertised its “safety awards” on its corporate website. These fake safety awards looked pretty on the internet – with pictures of nice trophies. Yet, at trial the contractor’s executive admitted its fake safety awards just considered the safety of site management (not the actual laborers). It was all a sham. We also learned that safety is really not a factor when hiring site contractors.

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Blackwell Law FirmIn a prior post, I asked “Can A Simple Blood Test Reveal Traumatic Brain Injury?” At the time, the research looked promising. After writing that prior post, we continued to follow developments. Now, the Food & Drug Administration (FDA) has approved a blood test for this purpose.

Why is a blood test for traumatic brain injury (TBI) significant? In a short answer — Many TBI victims suffer without a diagnosis, without treatment and without understanding. Following a traumatic incident, emergency rooms frequently fail to diagnose TBI cases.

Think about it. After a serious accident, you rush to the hospital. Suddenly, you are in a crowded emergency room. It can be a chaotic scene. While emergency rooms are designed to handle “emergencies” like yours, they are also overflowing with patients who lack the resources or finances to seek basic care elsewhere. Emergency room physicians and nurses work hard. They have hard jobs. They work to treat all patients. But, life and death issues take priority. They must. With so many patients and so many problems, many significant TBI cases go undiagnosed and untreated. After all, many TBI patients look normal.

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2543453615_9e9b04de1b_z-300x225We share our roads and highways with large commercial trucks on a daily basis. These large commercial trucks have rear guards to protect passenger cars. If you rear-end an eighteen-wheeler, you are protected from going under the back of the truck. Why do large trucks not also have side guards? That’s a question safety advocates have long asked.

Commercial trucks can have a very high ground clearance. I’m sure you’ve been in the lane next to a large eighteen-wheeler. If you are in a small passenger car, you may even look over and think that your entire vehicle could go under the truck. That is the danger. In a side impact, a passenger car can slide under the body of the truck. That causes the truck body to crash through the car windows and into the passengers. A simple collision can become deadly. These under-ride crashes can cause horrible head and upper body injuries, including decapitation. The Insurance Institute for Highway Safety estimated almost 300 car passengers were killed in side-impact collisions with a semi-truck in 2016.

We need to remember — Deadly side impacts are not limited to passenger cars. In urban areas, commercial trucks frequently share our roads with pedestrians and bicyclists. A Department of Transportation study also revealed a substantial number of death in side crashes involving both pedestrians and bicyclists.

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courtroom-898931_1920-300x226I know — Lawyer advertisements are everywhere. Billboards. Television. Youtube. Those advertising lawyers all try to project confidence while asking for your case. “We got this” says a local Huntsville lawyer with new billboards and a Youtube video. In fact, this Huntsville lawyer who tells you he has your situation handled really intends to refer the serious injury cases to outside trial lawyers. Ask him about his deal with an outside law firm. What does he really have handled? A quick settlement or a referral fee.

Why am I discussing this topic? Well, I was recently sitting in a Morgan County courtroom. My client’s injury case was set for trial. We were present and ready. As I looked around the courtroom, one thing was obvious. That was — Not a single one of the lawyers I see smiling from billboards was present. In fact, not a single one of those billboard (or Youtube or television) lawyers had any cases on the docket. I did see some really good lawyers in the room. But, those good lawyers were NOT on billboards.

We’ve all seen the commercials. In fact, some of these advertising lawyers even record their ads with a courtroom backdrop. If that’s not laughable, I don’t know what is. You don’t see those lawyers anywhere near a courthouse or deposition because they work on volume. They want your case. They intend to settle as soon as possible. Insurance companies love settlement mill lawyers because they can settle cases with them for a fraction of their value. It’s a shameful practice that diminishes my profession.