Articles Tagged with car accident

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billboard-3220111_1920-300x164“Do you have a billboard?” I was sitting with a group of parents at a recent school event when one mother innocently asked me the question. “I thought I saw your name on a billboard.”

“No,” I politely answered. What I really felt like saying — “Never. I know a lot of lawyers and would personally never hire one who is on a billboard.” For our firm, it is a matter of professionalism. At their core, all legal matters are personal. Sometimes, these very personal matters require detailed preparation and special study. What do you typically get with a billboard lawyer? You get the false bravado of a lawyer with a manufactured smile or stare telling you some catch phrase to get your business. Catch phrases like:

  • “We got this”
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Blackwell Law Firm - Serious personal injury lawyersA recent article in an insurance industry periodical asks why hospitals charge auto insurers more than health insurers. The article then concludes hospitals use their market power against commercial insurers. Hospital charges are unfair. Hospitals regularly take advantage of people following automobile accidents. However, the insurance article asks the wrong question and reaches the wrong conclusion.

What is the correct question? The article should ask “why do patients with auto insurance claims pay more.” The real focus should be on the actual patients. After all, the patients ultimately bear the real cost of health care. And, patients seeking treatment following an automobile accident often pay more. The injured patient loses in two different ways. First, the patient probably paid health insurance premiums with the expectation of health coverage. Yet, their health insurance goes unused following a car accident or other personal injury. Second, the inflated medical charges not covered by your health insurance — These inflated charges were ultimately paid from the settlement money you needed to cover all your damages.

What is the correct conclusion? The article WRONGLY concludes the higher charges are the result of hospital market power. The article ends by quoting a professor at Johns Hopkins — “If market forces fail to generate a reasonable price for these patients, policymakers should step in to address this market failure.” I’m sure hospitals do use their market power to extract the highest reimbursement possible. However, we are NOT in this predicament solely because of true economic market power. At least not in Alabama. No, we are largely in this position because hospitals have already worked our actual policymakers to pass a law allowing them to place liens on medical care rather than simply bill health insurance. Policymakers have enacted special legislation giving hospitals the authority to interject themselves into liability cases for maximum payment. Let this special use of government legislative power sink in for a moment. Hospitals enjoy a lien privilege not held by others. It’s not called market forces or market failure when you use the political system to gain an unfair advantage. I call it an abuse of government that further harms people.

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Blackwell Law Firm - Personal Injury Lawyers For AlabamaDuring the last few weeks, we have really been focused on preparing for a few upcoming trials. First up on the docket was a truck crash jury trial in Guntersville. At our office, Jennifer McKown was the primary attorney on this one. It has been her sole focus the past couple weeks.

As we prepared for these trials, I’m reminded that good trial preparation requires you to maintain your focus. You must always remember your goal and don’t get sidetracked. Winston Churchill once said:

You will never reach your destination if you stop and throw stones at every dog that barks.

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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 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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Blackwell Law Firm - Personal InjuryThe holiday season can be very busy. For many of us, our work year is coming to a close. Our children may have many holiday-related programs at school. Add to that already busy schedule — shopping for Christmas gifts, holiday parties, travel for family gatherings. It equals a very busy time. We spend much of that time in our cars on the road.

With all the extra activity, do drivers face an increased risk of accidents and injuries? That’s the question highway researchers asked. Researchers from The University of Alabama Center for Advanced Public Safety examined the data. The University of Alabama study analyzed 10 years of Alabama car crash data during the days surrounding Thanksgiving, Christmas and New Year’s.

After collecting and analyzing the data, computer science professor Dr. David Brown noted “the shopping days before Christmas are perilous.” That’s quite a statement. Although just my personal observation, I also think the days right before Christmas are the worst traffic days in Huntsville. Now that I have a teen driver in my house, I have discussed with him the expected holiday traffic around Huntsville.

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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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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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Blackwell Law FirmAs a personal injury attorney, I often follow other trials and verdicts across Alabama. Recently, some excellent attorneys obtained a great verdict for their injured client in south Alabama. During that trial, the insurance company attorney argued that the personal injury victim could not be hurt because he waited 21 days to seek medical care. The argument:  A delay in getting medical care means you were not hurt!

The truth, short delays or gaps in medical care are common. They are very common. What are some reasons personal injury victims delay initial medical care? Here are seven common reasons:

  • A Dislike Of Medical Visits/Appointments. Who does like medical visits? Sitting in waiting rooms for hours. Endless forms. Doctors/nurses poking and prodding you. After an accident, you may be hurting. But, you are hopeful a few days or weeks of rest and you will be better. So, you wait and see. That’s normal. Yet, if you make a claim later, the insurance company will use your delay against you.
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Blackwell Law Firm -- Help For The Injured
Distracted driving is a major cause of needless highway injuries and deaths. Months ago, I wrote that parents must lead by example in order to reduce the rate of teenage distracted driving. My prior post is Distracted Driving: Parents Must Lead By Example. In that earlier post, I wrote:

Our public safety officials have worked hard to educate young drivers on this issue. However, education of our young drivers is much less effective if we don’t lead by example. It is difficult in a busy world to not be distracted while driving. Yet, we must work hard to practice safe habits that our children will see and absorb.

A new survey reveals parents may be a large part of the problem. According to the new survey, “parents are the most distracted drivers on our roads.” Ford Motor Company surveyed drivers in New Zealand and Australia. According to the results: