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Published on: May 16, 2022

Who Is Behind The Curtain?

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The ad popped-up again in my Facebook feed. The headline screamed, “Have You Been Injured? You May Be Entitled To Compensation!” The post showed graphic pictures of cars crushed together following a crash. It was designed to grab attention. It did. We’ve all heard and seen that headline in numerous lawyer ads. Of course, that’s the call line of almost every lawyer advertisement! But, this ad was different.

How was that Facebook ad different? Most attorney ads contain the name of the lawyer or law firm. Not so with this ad. The ad never mentioned the lawyer’s name or firm. Silence. Instead, the ad was designed to appear like some advocacy group. Fill out this intake form and we’ll help you find a lawyer. Interesting!

The ad reminded me of The Wizard Of Oz. Who’s behind that curtain? Who’s really pulling the strings? If you run a law firm, you are constantly bombarded with emails from “lead generation” services. All these services promise cases for a price. They are awful. So, I suspected the ad was simply some lead generation service.

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Published on: March 7, 2022

Impaired Truck Driver Declared “Imminent Hazard” For Fatal Crash

By Jeff Blackwell

I recently wrote a post asking the question, Is Drug Use Among Truck Drivers Increasing? I discussed several issues in my article. To be fair, during the recent covid pandemic, law enforcement agencies across northern Alabama reported increased DUI arrests for all drivers. Non-commercial drivers. So, it’s likely that impaired driving increased during the pandemic among all drivers.

As I discussed in my prior post, the US Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) now has a clearinghouse database for information related to commercial drivers with alcohol or drug issues. That’s great. We need a safety database where potential drivers who fail pre-employment drug screens or who test positive for impaired driving after an accident, can be listed. We definitely do not need a patchwork system where a bad driver can simply go elsewhere to be rehired.

The clearinghouse has only recently become fully mandatory for reporting. That’s why I concluded in my prior post that the data is too limited to determine whether impaired driving is really increasing.

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Published on: March 27, 2020

Will Coronavirus Issues Impact My Case In Alabama? Some Answers To Your Questions.

By Jeff Blackwell

During these difficult times, Blackwell Law Firm remains committed to providing excellent legal service for our clients, neighbors and Alabama communities. We are closely following public health developments related to COVID-19. We are monitoring information provided by the Centers for Disease Control (CDC) as well as the State of Alabama. At the law firm, we have implemented safety precautions to keep our clients and staff safe. This means temporarily adjusting the way we meet and work. We are optimistic that the collective implementation of these guidelines throughout our community will allow a return to normal shortly.

Our law firm is open and operational. We continue to work on our current cases. We are also available to answer legal questions from our neighbors throughout Alabama. And, we are available to work with new clients in personal injury claims.

While we prefer face-to-face contact, we understand the need to keep our community safe and to combat this novel coronavirus. We understand the need to limit temporarily in-person contact and meetings. Together, we must all take the shared duty for our community’s health and safety seriously. We have implemented procedures to protect our staff and clients.

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Published on: April 15, 2019

Two Ways Fringe Benefits Impact Alabama Work Comp Claims

By Jeff Blackwell

Fringe benefits. They are often ignored in workers’ comp claims. Yet, they should not be.

Employee benefits may be an important part of your compensation. Consider health insurance. It’s not the only fringe benefit offered by some employers but it is probably the most important (and costly) one. Health insurance premiums are high. Very high. Some people stay at jobs just for the health insurance. Many people would be uninsured if not for employer-based plans.

How can fringe benefits impact a work-related injury or workers’ compensation claim? Fringe benefits can impact an Alabama work-related injury in two significant ways.

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Published on: May 30, 2017

Distracted Driving Injuries: New Study Shows Problem Is Worse Than Reported

By Jeff Blackwell

At the Blackwell Law Firm website, we devote a page to distracted driving. The issue is also a frequent topic of my blog posts. Why do we discuss distracted driving so frequently? We have seen far too many crashes caused by distracted drivers. Too many people suffer injuries resulting in chronic pain or long-term disability due to a distracted driver. Too many families lose loved ones in crashes caused by driver distraction. Because we have seen the toll of distracted driving, it is a subject we discuss frequently.

In past blogs, I’ve discussed my belief — that crashes caused by a distracted driver are under-reported. We believe the reported numbers are too low for several reasons. In the aftermath of some accidents, police do not ask the drivers or witnesses about distraction. In other cases, the at-fault driver denies being distracted and no witnesses can refute the denial. Many times, the true cause of the collision is never reported.

Now, a new study also indicates distracted driving is a factor in a much higher percentage of accidents than reported by government statistics. While I agree with the findings and think they should be discussed, let me first give the study caveat — It was conducted by a company that makes mobile apps. The company Cambridge Mobile Telematics (Cambridge) conducted the study. According to the company’s website, it is “the world’s leading smartphone-centric telematics provider” and makes apps which measure driver behavior.

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Published on: May 1, 2017

Increasing The Speed Limit Puts Lives At Risk

By Jeff Blackwell

Is there a nationwide push to increase speed limits on Interstate highways? In 2015, Montana, Nevada, South Dakota and Wyoming all increased Interstate speed limits to 80 miles per hour. Washington increased its speed limit on certain highways to 75 miles per hour.

In 2017, Michigan followed with an increase to 75 miles per hour on certain highways. And, a bill increasing the speed limit in Arkansas is nearing passage.

A couple years ago, Al.com published a survey discussing the possibility of raising the speed limit on Interstate highways in Alabama from 70 to 75. The article is titled:

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Published on: October 19, 2016

Should Alabama Elect Appellate Judges Differently?

By Jeff Blackwell

A recent lawsuit challenges Alabama’s state-wide method of electing appellate court judges. National Public Radio (NPR) interviewed retired Federal Magistrate Judge Vanzetta McPherson about the lawsuit. McPherson previously served the Federal Court in Montgomery.

McPherson answered questions from the NPR host about the new election lawsuit. Alabama elects appellate judges in state-wide elections. The lawsuit alleges this state-wide process is a violation of the Federal Voting Rights Act. As McPherson explained in the NPR interview, minorities are not currently represented on Alabama’s appellate courts.

I’m not an expert on the Voting Rights Act. I will let McPherson discuss that issue. Our firm does pursue personal injury, work comp and other damage lawsuits to trial in counties across Alabama. Between trials and appeals, we follow the courts closely. I have long advocated a change to our appellate election system so judges could be elected by districts rather than state-wide. I wrote a prior article which discussed the issue in 2010. I welcome Judge McPherson’s discussion concerning diversity and representation on our appellate courts.

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Published on: January 27, 2016

Welcome To The Alabama Injury Lawyer Blog

By Jeff Blackwell

Welcome to my new blog – The Alabama Injury Lawyer Blog. For several years, I have discussed legal issues related to my personal injury and trial practice at the Alabama Litigation Review. I plan to continue writing both blogs.

I believe good lawyers should constantly study the law and legal developments. Yet, many so-called blogs are merely places for lawyers to brag about case successes which may (or may not) be true. Good blogs should provide information on important legal issues. I hope my two blogs provide information you find useful.

Most of my posts will discuss issues related to my primary work representing clients in personal injury, workers’ compensation, defective product and small business cases. On occasions, I will also discuss court issues in Alabama and events at my law firm. I welcome readers, commentary and ideas for topics.

Published on: January 3, 2015

Public Contracts — A Call For Transparency

By Jeff Blackwell

A recent article discusses an important issue in public pension and health plans — a lack of transparency. I realize this topic is a change from my normal posts discussing personal injury issues such as car accidents and work comp claims. But, it’s an important issue. It’s one important to Alabama. And, it’s one I’ve explored in a recent case representing a local healthcare business in Alabama with significant damages.

While the article discusses public plans in Kentucky, the issues also apply in Alabama. Some of our public plans have similar problems. What are two of the transparency problems we’ve discovered in our case? They are:

Conflicts Of Interest: Let’s face it – health and pension plans involve complex issues. So, the State often employs “consultants” with expertise in the field. That’s OK. These plans provide long-term benefits to our valued public employees. Expertise is needed. Here’s the problem. In our case, the State’s consultant managed the entire bidding process. He even scored the bids of companies competing for the contract. Yet, while handling the bidding process, he also accepted thousands of dollars from one bidder. And, no surprise, that one bidder won the contract! Although he accepted thousands of dollars and provided the winning bidder with important pricing information, neither the consultant nor the bidder disclosed their relationship. Alabama officials had no idea. The consultant concealed the relationship. Nobody can explain how this provider’s bid was better than the others? The bidding process should be fully transparent and beyond ethical question.

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Published on: June 5, 2014

Alabama Law And The Independent Sales Representative

By Jeff Blackwell

My law partner just completed a case for an independent sales representative in Huntsville. While every case is unique, the basic story of manufacturers denying commissions to independent sales representatives is far too common. It is a basic story I addressed previously on this blog. It’s a common story I’ve discussed in numerous articles. As I wrote previously, “what the manufacturer often wants is the profit of a customer relationship with no expense, including the expense of paying the agreed-upon sales commissions.”

In Biblical terms, we often read of sowing the seeds, tending the fields, and then eventually reaping the harvest. The farmer working in the fields rises early. He works countless hours to plant and tend the fields. He earns nothing during this time. Yet, with much hard work (and a little cooperation from the weather) harvest comes. That is the time of reward. It is the same with independent sales representatives.

These representatives work hard for their manufacturer clients. They search for business opportunities. They cultivate these opportunities. They invest years of their own time and resources. Then, only after much personal work and investment, a deal is made that greatly benefits the manufacturer. This is the point when everyone should receive their reward. That means everyone, including the sales rep who worked so hard for the deal. For the sales representatives this means they should receive their hard-earned commissions.

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