Birmingham AL Personal Injury Blog

The Birmingham New has reported that a car crash occurred on I-20 Wednesday, resulting in at least one fatality. At least one source has indicated that a tire blow-out led to the accident, which also resulted in a collision with an 18 wheeler.

Many people are unaware that car accidents, due to tire blow-outs, hydroplaning, road construction defects, fallen debris or stray animals, make up approximately half of all motor vehicle accident deaths and injuries. While alcohol or distracted driving can be a contributing factor, many of these one vehicle accidents result in severe and catastrohpic injury due to faulty airbags or seat belts.

In previous posts, we have discussed the different personal injury claims that can be made when a car accident occurs. In those instances where the at-fault driver is uninsured, the injured party can draw upon their own insurance for uninsured motorist benefits. Or, if a defect in the car caused the accident or contributed to the enhanced injury (i.e. seatbelt failure), a products liability claim can be made against the auto manufacturer.

The investigation is still underway with regard to the 1-20 accident reported by the Birmingham News. But, tire blow-out injury claims against the tire manufacturer are fairly common when a defect in the tire is identified.

If you have been in an auto accident where the safety features failed to perform properly, you may have a claim against the manufacturer for your injuries and damages.

While most personal injury claims settle, particularly auto accident claims, a small minority must be filed in the circuit courts of Alabama. Once filed, the Defendant's insurance carrier must hire an attorney to defend the claim. Because of budget cuts in the court system, it can take as long as two to three years before a suit is tried to a jury.

Once the Defendant has filed an answer to the complaint, a status conference is generally scheduled between the judge and attorneys. At this conference, issues are to discussed and a scheduling order is entered. The scheduling order will usually set cut-offs for depositions, discovery and exchanging witness and exhibit list. Also, a trial date will be set and the parties will work toward the trial date.

Personal injury litigation can involve many things, and the attorney will have to make sure the case is properly prepared for trial. This can inlcude:

* Deposition of the Defendant

* Ordering all medical records and bills

* Deposition of the Plaintiff's treating physician(s)

* Hiring expert witnesses in complex cases

* Depositions of all eyewitnesses

* Trial briefs for the judge

* Multiple motions to compel production of documents from the Defendant

* Subpoenas to non-parties

At some point, the court will often order the parties to mediation to see if the case can settle. Mediation, unlike arbitration, is a voluntary process where a certified mediator will try to get the parties to settle by making suggestions and offering opinions about the settlement value of the claim.

Once a trial date is set, it is not set in stone. Continuances are very common, due to illness of a party, unavailable witnesses, etc. It is common for a case to be set several times before it is heard by a jury. The key here is patience...eventually, the court system, even with budget cuts, will eventually push the case to trial.

Workplace accidents are very common in Alabama. The process usually involves notice to your employer, then you are given permission to go to the emergency room. You miss a few days from work and that's it. But what about severe and catastrophic injuries that result in a lifetime disability? Unfortunately, for most Alabama workers, worker's compensation benefits are meager and insufficient for long term needs.

However, there are a few options for those situations where the injury is permanent and debilitating. We are referring to "third-party" claims against someone other than the employer. These claims arise when an injury is caused by a non-employer.

Examples of potential third-parties include:

a. subcontractors

b. product manufacturers

c. supervisory co-employees

d. fabricators or installers of injury-causing machinery

e. parent company of the employer

To see how this works, let's use the following example: you are asked to drive your supervisor's car to Birmingham to make a delivery. You leave from ABC Company in Cullman, traveling I-65. On the way, an 18 wheeler owned by XYZ Company sideswipes you, causing a major car crash. Seriously injured, you are transported to UAB with permanent injuries that prevent you from working at your job.

In the above example, you can receive workers comp benefits from the insurance carrier for ABC Company and maintain a suit against XYZ Company for all the things Alabama's workers comp doesn't provide, such as compensation for future lost wages, loss of earning capacity, mental anguish, pain and suffering, etc.

If you have been injured on-the-job, don't ignore the possiblity of hiring an Alabama workplace accidents lawyer to assist you in getting full compensation for your claims.  

Alabama's wrongful death law is materially and fundamentally different from the law of every other jurisdiction. Unlike most fatal injury claims, the focus is not on the individual who died but rather on the conduct of the at-fault defendant. Whereas other states' law addresses the financial loss caused to the family and dependents, Alabama's law reverses it and disallows "compensation" to the survivors.

The allowed compensation for the family in most other states consists of: lost income, loss of companionship, funeral and burial expenses, etc.  Alabama courts have traditionally reasoned that placing a monetary value on a human life is wrong. Under its law, the only money that can be awarded to the family is in the form of punitive damages, based on the degree of reprehensiblity of the defendant's actions. In short, the jury is asked to punish the defendant and award an amount of money that will deter others from committing the same act.

As an example, in a fatal trucking accident case where the at-fault driver is overloaded and rear-ends an automobile, the jury would be told to punish the driver and his company for failing to comply with DOT regs establishing maximum load weight.

Finally, Alabama's wrongful death law provides that the money recovered by suit or settlement cannot be used to pay any of the debts of the deceased. Nor does the money pass into the estate of the victim. Instead, it is given directly to the heirs, regardless of whether the deceased had a will.

About Drake Law Firm - Feel free to visit our main website to browse any topics you may be interested in. Our Birmingham wrongful death attorneys will be happy to answer any questions you may have.