Articles Tagged with safety

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Blackwell Law Firm -- Huntsville Personal Injury LawyersWhere Are The Most Dangerous Huntsville Intersections?

What intersections are the most dangerous? Do a quick Google search and you will find research from 2012. The 2012 data is interesting. But, it’s old data. In the seven years since, Huntsville has grown tremendously. Development has created new accident dangers. Traffic patterns have expanded. Many intersections have been modified. In short, much has changed in the last seven years. The most dangerous intersections in 2012 may not be the most dangerous intersections today. What intersections were listed as most dangerous in 2012? Here they are:

  • Old Madison Pike at Research Park Boulevard
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Cellphone DistractionDistracted driving is a frequent topic on my blog. This month is National Distracted Driving Awareness Month. So, it’s a perfect time to discuss proposals currently pending in the Alabama Legislature to prevent drivers from holding their cellphone while driving.

Last year, Georgia enacted a hands-free law for drivers. Will Alabama pass similar legislation? As I write this post, I checked the Alabama Legislature information website concerning pending bills. The website lists two hands-free bills currently making their way through the legislative process. I read both bills and they are almost identical. These two pending bills are: HB6 and HB404. You can access the legislative information website HERE.

I’ll focus here on HB6 which was introduced by Representative Allen Farley. If passed, it will be known as Cici’s Law. Local channel WHNT posted an article telling Cici’s story. Cici was 17 and just months shy of graduating from high school. On February 28, 2018, she was driving home from work down Interstate 65. She had a bright future and a loving family. While driving home, she was recording a message on her phone — a Happy Birthday message to a friend. She briefly looked down. When she looked back up, it was too late. She was not speeding. Still, she had no time to stop and went underneath an 18 wheeler stopped in front of her.

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Huntsville Truck Accident LawyersCommercial truck driver health is a safety issue on our highways. In past articles, I’ve discussed the serious health problems truck drivers suffer. Truckers suffer much higher rates of problems like diabetes, sleep apnea and morbid obesity. These health conditions can slow driver reactions and concentration — putting everyone at risk for needless injury or death. The long hours of sedentary work away from home in many truck driving jobs contributes to these health issues and makes medical care difficult.

Medical certification requirements for commercial truckers are an important part of highway safety. But, the system only works if medical certifications are legitimate, honest and fair. Unfortunately, they are not. Too many unsafe commercial drivers are allowed on our highways.

The Federal regulations have allowed truly unqualified medical examiners to issue certifications. A chiropractor may be qualified to perform therapeutic treatments for a pulled lower back muscle but is he or she really qualified to certify a trucker with dangerous sleep apnea? The Federal regulations have also allowed unhealthy truckers on our roads. Let’s look again at sleep apnea. It can be a big safety issue. Yet, unsafe drivers are routinely certified without requiring medical treatment or monitoring for the condition. The rules fail to adequately address specific health issues like sleep apnea, diabetes, morbid obesity or drug dependence. I’ve written several articles about these issues in the past. For more information on sleep apnea and truck safety, you can read my article titled Sleep Apnea:  Government Chooses Trucking Industry Over Safety.

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Blackwell Law Firm - Alabama Personal Injury LawyersThis month’s TRIAL Magazine discusses a tragic eighteen wheeler crash. What happened in that crash? Around 1:30 am, a large commercial truck slammed into the rear of a pickup truck on a rural stretch of western Interstate. The crash killed a young mother and one of her children. Another child was left severely injured. The evidence at trial in that case revealed the commercial truck never slowed or took any evasive action before slamming into the pickup truck.

That case raised significant questions involving issues of independent contractors as drivers, control over drivers and company safety programs. If you need a lawyer in a trucking injury case, you should find one who understands these issues. Why were these issues in that case? The company (a worldwide distribution company) hired drivers it called “contractors” or “independent contractors.” Yet, the company did not treat these drivers as independent contractors. Instead, the company controlled every detail of driver operations down to the details of how to park the truck. As many lawyers know, it’s not what the company calls its people, but rather, the realities of control. While the company controlled all aspects of driver operations, it had NO driver safety training requirements or programs. That’s a classic case of profits over people. If you put drivers on the highway and control their actions for your profit, you should also exercise some safety responsibility for them.

We drive alongside big trucks everyday on our highways. Many trucking companies and truckers care deeply about safety. But, not all of them do. Next time you see a company name or logo on the side of a large truck, ask yourself:  Does that company have a REAL safety program to prevent needless injury?

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Blackwell Law Firm - Representing Injured Workers Across AlabamaProductivity versus safety. The two should work together. Yet, some companies value only immediate productivity. On many construction sites, immediate productivity trumps safety every single day. Who pays the price when safety is neglected? Workers and their families pay the ultimate price of serious injuries and deaths.

A survey of construction workers showed the majority believed safety took a back seat to immediate productivity. Yet, it should not. The majority of workers also believed their companies did the bare MINIMUM required amount for safety. That is, their companies met the minimum needed to avoid a citation but not the level needed to create a culture of safety. These working men and women understand first-hand the safety issues on construction sites.

Do some companies neglect real safety? Most serious injury and death cases I’ve investigated on construction sites happened because management failed to institute basic safety processes. This is why safety standards established by agencies like OSHA are so important. Without minimum standards, some companies would do nothing at all.

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safety-44441_1280-300x150Last year, a flash fire at an Alabama car dealership in Jasper killed one employee and severely injured several others. What caused that fire? Flammable chemicals being stored improperly. After the flash fire, OSHA inspected the dealership and issued several serious citations for improperly storing a flammable chemical in a dangerous location. Plus, OSHA cited the dealership for not even developing a hazard communication program for its dangerous chemicals.

For the families of these dealership employees, no penalty or punishment will ever restore their loved ones. Hopefully, OSHA’s action will spur other local companies to take needed safety steps.

Does your workplace handle chemicals safely? For me, the question is front and center. Why? I’ve spent several days this month in deposition over a Huntsville injury case involving the issue.

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Blackwell Law Firm - Huntsville Car Accident LawyersYou are driving down the road. It’s a beautiful day. Bam! Suddenly, another car crashes into you. Another driver ran a stop sign and caused the crash.

Clearly, you have a negligence claim against the other driver. He failed to follow the Rules of the Road. He ran a stop sign. Then, you learn more. You learn this other driver also uses illegal drugs. Illegal drug use. That’s powerful evidence. It’s powerful evidence if the judge allows it’s use at trial! That brings us to the key question:  Is the other driver’s drug use admissible at trial? Can you use this evidence to help your case?

The answer is, maybe. I know, that’s not the concrete answer you wanted. Evidentiary questions rarely have absolute answers. That’s why a good lawyer with real trial experience is so important to your case. You need an experienced trial lawyer who understands the evidence rules and how to apply them. You certainly will NOT get such a lawyer from the billboards and television advertisements showing smiling attorneys begging for cases.

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Blackwell Law Firm - Huntsville Personal Injury AttorneysIs the Occupational Safety and Health Administration (OSHA) failing American workers? Are workplace safety standards actually decreasing? Are more workers suffering personal injury or death due to fewer inspections? These are important questions.

Recently, A Congressman wrote the Secretary of Labor to address his concerns with declining workplace safety. Here are a couple facts about the rising rates of serious injury that concerned the Congressman:

  • Over 5,000 people died from workplace injuries in 2016, a 7% increase from the prior year.
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Blackwell Law Firm - Huntsville Personal Injury LawyersLook at the drivers around you. Do you see many of them staring at their phones instead of the road? I do. I also talk daily with clients who suffered serious personal injuries in car crashes caused by these distracted drivers.

Distracted driving is a frequent topic for us. We have long-advocated an approach to the problem that involves safety laws, education and technology. All three approaches are needed. Safety laws help but they do not solve the problem by themselves. That’s our opinion.

A new study by a California company, Zendrive, supports our belief that safety laws alone cannot solve the problem of distracted driving. You can read about the recent Zendrive study at the website for the Claims Journal an insurance industry periodical. You can also read about the study in a recent Bloomberg article. Each separate article provides interesting insights into the study. According to reports, Zendrive monitored several million drivers. Before I discuss some of the actual results, the Claims Journal article notes Zendrive “is likely discounting the danger” since it only records phone use when the device is actually moving around inside a car. In other words, if your phone is mounted to the dash, your use may not have been recorded. What are a couple of the interesting facts reported by the Claims Journal and Bloomberg articles? Here are a couple:

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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.