Articles Tagged with car accident

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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:

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truck-945364_1280-300x183The U.S. Department of Transportation is halting its effort to better diagnose and evaluate truckers suffering from dangerous sleep apnea. Obstructive sleep apnea is a major safety issue among commercial truck drivers as well as railroad workers. Here is the lead paragraph from a recent Bloomberg article discussing this sudden announcement:

The Trump administration is halting a year-old effort to seek better ways to diagnose truckers and railroad workers who have sleep apnea, a health condition linked to deadly accidents.

What is sleep apnea? Sleep apnea is a breathing-related sleep disorder. A person suffering sleep apnea will have interruptions in his or her breathing during sleep. How can sleep apnea affect driving? Truckers must be very alert while driving on our highways. By impacting sleep, the disorder can greatly affect daytime alertness, performance and fatigue. Our firm has seen the tragic results of these problems in past cases.

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Would speed limiting devices in commercial trucks save lives? Yes. We believe these devices would prevent many needless personal injuries and deaths on our highways. At our firm, we have helped many families hurt in commercial truck crashes. We have seen the tragic results of collisions involving huge commercial vehicles.

We believe speed limiting devices in commercial trucks are a good idea. Most trucking industry professionals also recognize the benefit of these devices. What do others think? A recent article in the Insurance Journal starts with the following:

Years of pleas from parents whose son was killed by a speeding tractor-trailer, buy-in from some truckers and the promise of fewer highway deaths convinced U.S. officials in September to propose requiring speed-limiting devices on all large rigs.

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photo by Montgomery County Planning Commission
The Problem Of Distracted Driving

Distracted drivers cause many deadly car accidents on Alabama highways. Despite efforts to educate the public (and especially young drivers), accident statistics continue to show a growing problem. The Property Casualty Insurers Association of America (PCI) reported:

a 14 percent increase in traffic fatalities over the past two years — the largest two year increase in more than 50 years.

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You were a passenger in a car. The driver of that car caused an accident. You suffered personal injury. Now, the insurance company has denied your claim. Why? The insurance company says you cannot make a claim because of Alabama’s Guest Passenger Statute.

Many people are not familiar with this Alabama law. It is an old law. Most other states repealed similar laws long ago. Many people learn of this law only when the insurance company denies their car accident injury claim. What should you do? First, do not accept the insurance company denial without consulting an attorney. It’s important you consult an attorney who specializes in personal injury claims. And, it’s important that attorney has actual trial experience. Many of the lawyers advertising on billboards and television for personal injury claims only want cases they can easily settle.

While the Guest Passenger Statute does bar many claims, it is not absolute. A skilled attorney will understand this law and whether it truly applies to your claim.

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A car crashes into you. You suffer personal injuries. You suddenly face problems with medical bills, pain or wage losses. Then, you discover another problem. The at-fault driver has too little or no insurance for your damages. This problem is not rare. It happens more than you think. Many drivers do not have the insurance necessary to cover the harm their negligent driving may cause.

Alabama law requires every driver to have liability insurance. But, the law requires only small limits of coverage. Some drivers choose to ignore the law and drive without coverage. Other drivers purchase only the bare minimum amount. That amount is far less than needed to cover the damages for anyone with a significant personal injury. Many injury victims have medical bills that exceed the minimum liability coverage limits required by law.

I wrote a series of articles in prior years discussing Alabama’s problem with uninsured drivers. These articles also detail efforts by Alabama officials to create a system of insurance verification – a system that would catch drivers who choose to ignore the law and put the rest of us in danger. When I wrote my first article on the topic in 2011, officials estimated up to 25% of Alabama’s drivers did not currently possess insurance coverage. In 2016, Governor Bentley announced the rate of uninsured drivers had dropped significantly. Yet, it still remains too high. You can read some of my prior articles at my other blog, The Alabama Litigation Review.