Over the last few decades, car manufacturers have made significant technological advances in driver and passenger safety features. Some of these major safety breakthroughs include widespread adoption of front and side airbags, anti-lock braking systems, and safety glass. Unsurprisingly, the number of fatal motor vehicle accidents began to fall as these safety features and many others became standard automobile components in the mid-1990s. In fact, the annual car wreck fatality rate has decreased in all but two years since 1996 and has yet to increase in consecutive years over that period.

While breakthrough safety features have certainly contributed to the decline of auto-related deaths, statistics suggest that the simple, traditional seat belt may be the underlying explanation for the downward trend of motor vehicle fatalities. A quick comparison between seat belt usage and fatal car crashes in the last 15 years show a strong relationship between seat belts and safety.

Since fatal car accidents began to decline in 1996, the year-to-year car wreck fatality rate has decreased 13 out of 15 years. Meanwhile, the percentage of Americans that wore seat belts increased 13 of those 15 years. According to the National Highway Traffic Safety Administration, only 68% of Americans wore seat belts when fatal car accidents first began to decline in 1996. A recent NHTSA study shows that 85% of Americans now routinely wear seat belts while in their automobiles.

Despite similar trends since 1996, the percentage growth in seat belt usage does not directly correlate with the percentage decrease in fatal auto accidents for corresponding years. In fact, the largest dip in crash-related deaths occurred between 2009 and 2010, when numbers decreased by 9.7%. Over that same time, seat belt usage only grew 1%, up from 84% in 2009. Thus, the largest drop in accident fatalities does not correspond with the largest year-to-year increase of seat belt usage. Despite the lack of an exact correlation, the similarities between increased seat belt usage and decreased traffic deaths suggest the two are related by something more than a coincidence.

Fortunately, Alabama drivers are following the national trend and buckling up more each year. Since 2003, the percentage of Alabamians that wear seat belts has drastically increased and, as of 2010, 91.4% of Alabama drivers wore their seat belt. Unsurprisingly, the number of fatal automobile accidents in Alabama has steadily decreased over that same period of time.

Whit Drake notes that while auto technology continues to improve, there is no substitute for the good, old-fashioned seat belt. "Airbags, safety glass and smart-car technology is advancing rapidly...but in my 24 years of experience, use or non-use of the seatbelt is the primary factor in most real-world car crash fatalities".

ABOUT THE AUTHOR: Drake Law Firm

Drake Law Firm is a personal injury firm in Birmingham, Alabama. Attorneys at the firm frequently represent individuals injured in motor vehicle wrecks, tractor trailer crashes, and work place accidents across the state. They also handle auto defect claims arising out of seat belt and airbag failure.

Car and truck accidents caused when drivers fall asleep behind the wheel are growing at an exponential rate. The National Highway Traffic Safety Administration (NHTSA) estimates that fatigued drivers are the cause of 100,000 automobile accidents per year. However, sleep-related accidents may be significantly higher than statistics suggest. Many at-fault drivers do not realize that they fell asleep prior to the accident; those that realize it simply fail to report it. Furthermore, fatigued drivers may not completely fall asleep behind the wheel, dismissing any suggestion that drowsiness contributed to the accident.

Drowsiness often slows drivers' reaction times, diminishes one's overall motor skills, and negatively affects the decision-making process. Therefore, unlike attentive drivers, fatigued drivers rarely take any corrective measures seconds before impact. Thus, sleep-related accidents are often full-speed collisions that increase the risk of catastrophic injuries.

Fatigued driving is especially dangerous in the context of the truck accidents. Due to their compensation structure, tractor trailer truck drivers are incentivized to drive as much as possible. This pay-structure may result in a driver's inadequate sleep and rest for the sake of time and ultimately increase the chance of commercial truck accidents. A study performed by the AAA Foundation for Traffic Safety stated that drivers who got less than 7 hours of sleep were almost twice as likely to cause a car accident as those who slept 8 or more hours.

Part of the problem associated with sleep-related accidents is the lack of detection and prevention. For instance, drunk driving can be monitored via breathalyzer tests. However, no such objective standard exists to measure one's sleepiness or fatigue. Furthermore, sleepiness may be one of many contributing factors that, when combined, cause an accident. The best example is the combination of drunk driving and drowsiness. Alcohol consumption may exacerbate one's drowsiness and vice versa, the combination of the two being the cause of an accident.

Under Alabama law, drowsy or drunk driving, resulting in an accident, is actionable as a tort claim for those sustaining personal injuries. Seek the advice of a car wreck lawyer if you have been seriously injured.

Governor Robert Bentley officially made Alabama the thirty-eighth state to enact a texting while driving law when he signed the "Talk to You Later Act" into law yesterday. The law is set to go into effect on August 1, 2012.

On its face, the law seems to only punish drivers caught sending text-messages behind the wheel. The new law fines a driver $25 for a first offense, $50 for a second offense, and $75 for each offense thereafter; each offense also results in a two-point deduction to a violator's driving record. However, the true intention of the law is to emphasize the increased chance of serious auto accidents resulting from distracted driving caused by cell phones.

While the law may seem like the first step to reducing smart-phone related car crashes, some studies suggest that texting while driving laws have little to no affect on roadway safety. For instance, a study conducted by the Highway Loss Data Institute (HLDI) concluded that states that passed cell phone use restrictions actually experienced no decrease in automobile accidents related to cell-phone use. Instead, motor vehicle crashes actually increased in the nine-month period following the enactment of anti-texting laws in three of the four states which HLDI studied.

About Drake Law Firm - We are a personal injury and wrongful death firm headquartered in Birmingham, Alabama but handling cases in every major city and county in the state. If you have been in a car accident caused by a distracted or drunk driver, call us toll free at 1-877-324-5300 for a free consultation.

Source: Kim Chandler, "Alabama Gov. Robert Bentley signs law banning texting and driving." Montgomery Bureau, May 8, 2012, available at: http://blog.al.com/spotnews/2012/05/bentley_signs_texting_and_driv.html.

The film highlights the story of the infamous McDonald's spilt coffee lawsuit and argues that the media misconstrued the actual facts of that case. The documentary also discusses various other personal injury cases and analyzes the effects of the media, statutory damage caps, and arbitration agreements on such cases. Several legal commentators and judges from Alabama are interviewed in the film.

Despite increased media attention regarding tort reform efforts, the majority of personal injury lawsuits are not significantly affected by the so-called movement. For instance, the most substantial example of tort reform comes in the form of arbitration agreements found in contracts between litigants. These agreements often include terms about litigation that are unfavorable to the individual bringing a lawsuit.

If you are injured by another's wrongful conduct, schedule an appointment with a personal injury lawyer in the Birmingham, Alabama area. Also, be mindful of Alabama's two year statute of limitations for accident claims.

Despite unanimous approval in the House last month, TTYL faced criticism regarding the absolute nature of the ban. The initial House version provided no exceptions or exemptions. The Senate added minor changes in their proposed version and sent the bill back to the House. Members of both the House and Senate met on Thursday and agreed to the finalized version.

The latest version of TTYL includes three major exceptions. First, drivers texting to obtain emergency services are excused from the prohibition. Second, the bill excludes drivers who text while parked on the shoulder of the highway. Finally, TTYL does not apply to drivers getting directions from a GPS or navigation system.

The bill now goes to Governor Bentley for approval. If signed into law, the texting ban will make Alabama the thirty-eighth state to pass an anti-texting law. If enacted, the law would likely make it easier for individuals injured by distracted drivers to establish liability and recover various car accident damages such as medical expenses, pain and suffering, lost wages, and property damages. Most commentators believe that Governor Bentley will approve the law within the next two weeks.

To add to the dilemma, recreational time on Alabama lakes and rivers is often accompanied with alcohol consumption. Many individuals incorrectly believe that alcohol consumption rarely leads to drunk driving accidents on the water. However, according to the Bureau of Transportation Statistics, Alabamians were injured in 75 reported serious boating accidents in 2009 alone, 4 of which resulted in fatal injuries. Alochol was a reported as a contributing factor in many of those accidents.

Many Alabama boaters incorrectly believe that the legal blood-alcohol limit for boating is higher than the legal limit regarding motor vehicle use. However, Alabama law makes no distinction between operating a vessel and an automobile for purposes of a DUI charge and conviction. In fact, the Alabama statute prohibiting drunk boating states that an individual should not operate a vessel under any condition in which the person would be guilty of driving an automobile under the influence of drugs or alcohol. Thus, the legal blood-alcohol limit for operating a vessel is 0.08%, the same legal limit for motor vehicle operation in Alabama.

If you were injured by a drunk boater in Alabama, contact a boating accident attorney in Birmingham. You may be entitled to recover damages associated with your injury, and a personal injury lawyer may be able to safeguard your legal rights.

Unfortunately, such tragic stories remind us of the importance of the proper use of child restraint systems. Due to a child passenger's unique risk of injury, Alabama law provides that every person operating a motor vehicle must properly use a child passenger restraint system meeting federal motor vehicle safety standards. Under the law, the particular safety device depends on a child's weight and/or age. Alabama's child passenger safety law currently requires the following:

•- Infants under 1 year of age or 20 pounds must be restrained in approved infant only seats or convertible seats used in the rear facing position

•- Children under five years of age or under 40 pounds must be secured in forward facing seats or convertible seats placed in the forward position

•- A child not falling in the above categories must be placed in a booster seat until the child is 6 years old.

Even when properly secured in a restraint system, children may still suffer serious injuries in car accidents. Even when properly installed and used, a car seat's latent defect may cause injury. If a defect contributes to a child's injuries, the child seat manufacturer may be liable for damages in a products liability claim.

Schedule an appointment with a Birmingham child accident injury lawyer if your child is hurt in an automobile crash. Attorneys familiar with motor vehicle litigation can protect the legal rights of both you and your child.

The Alabama Department of Transportation closed the northbound lanes in west Jefferson County earlier this month and expects the lanes to remain closed until the end of April. After the northbound lanes are reopened, I-20/59 South will be closed for approximately 35 days for repaving. The 2 mile construction is part of a $9.5 million paving project around the Birmingham area. A similar repaving project was recently completed on I-65 near Hoover.

Drivers in construction zones should take extra safety precautions to avoid an interstate construction zone accident. Construction zones present increased chances of car accidents due to stop-and-go traffic, uneven lanes, irregular lane shifts, and construction vehicles and workers entering and exiting the roadway.

The Bessemer interstate construction area also presents the risk of increased 18-wheeler accidents, especially rear-end and lane-change collisions. The congested detour traffic makes merging and stopping more difficult for 18-wheelers hauling heavy cargo on the much narrower Highway 11/Bessemer Super Highway. To minimize the chance of an 18-wheeler accident on the detour route, drivers should be cognizant of surrounding tractor trailers and avoid traveling in a truck's blind spot.

If you are injured in a motor vehicle accident near Bessemer, contact a Birmingham, Alabama car wreck lawyer. You may have a claim against the other driver or your own insurance carrier for damages you sustained in the collision.

According to the Insurance Institute for Highway Safety (IIHS), all 50 states have some sort of ignition interlock law on the books, but only 15 currently require these devices for anyone convicted of driving under the influence (DUI).

Alabama finally passed its ignition interlock law last year, and while it does not mandate their use for all convicted drunk drivers, it is one of only 13 states that require it for repeat offenders and those found with blood alcohol concentrations (BAC) of .15 percent or higher.

There is no debate that ignition interlock devices work to keep the roads safer by preventing certain DUI offenders from driving drunk, thereby reducing recidivism rates by an average of 12 percent, but there is some dispute about the need and cost involved to require them for all convicted drunk drivers in the U.S.

However, organizations like the American Beverage Institute (ABI) are quick to point out that the recidivism rates may fall initially when ignition interlock devices are installed, but they are typically only required for a limited time, like six months. After this period, the rates may rise again. The American Probation and Parole Association (APPA) adds that a requirement for all convicted DUI offenders to use these devices would carry a price tag of over $432 million to support supervision and administration efforts.

Regardless of opposing viewpoints on ignition interlock devices, both sides can agree that driving drunk is an abhorrent act and totally avoidable. The National Highway Traffic Safety Administration (NHTSA) reported that 10,228 people died nationally in crashes involving drunk driving in 2010, which was a reduction by 4.9 percent from 2009. According to MADD, there are 54,043 drivers with three or more DUI convictions, and 22,306 with five or more, in Alabama. Around 280 victims were killed in drunk driving accidents in 2008.

Drunk drivers are at a higher risk of hurting themselves and others through causing car accidents and may be held responsible for injuries caused by their actions If you were injured in a drunk driving accident, contact an Alabama personal injury attorney to discuss your legal options and help you hold the responsible party accountable.

Source: USA Today,"Safety group seeks ignition interlocks for all DUI offenders," 3/6/12.

Alabama's Move Over law mandates that drivers take certain precautions to guard traffic officers, emergency responders, or tow truck operators from serious injury. When traveling on interstate or multi-lane highways, the law requires drivers to vacant the lane closest to public service vehicles displaying emergency lights or flashers while parked on the shoulder of the roadway. The law does recognize that a lane change is not always feasible. Thus, if a driver cannot safely change lanes, the driver must slow to a speed of 15 mph below the posted limit.

In normal 45-55 mph speed zones, drivers on two-lane roads must decrease their speeds to 15 mph below the posted limit. Violators of Alabama's Move Over law face a first-offense fine of $25. Fines increase with each additional violation. Drivers who violate the law and cause injury to an officer or other emergency responder may also face an adverse jury verdict or settlement if the injured officer brings a claim for damages.

Despite mandatory minimum liability requirements, many individuals injured in motor vehicle accidents suffer injuries and property losses that far exceed the mandatory minimum requirements. When this occurs, injured drivers may be forced to pursue uninsured/ underinsured motorist (UM) benefits under their own automobile policy. Like mandatory minimum liability limits, most states require insurers to provide UM coverage for every insured driver.

Alabama requires every registered motor vehicle to carry at least $25,000 for bodily injury or death sustained by one person in an accident, $50,000 for the bodily injury or death of two or more persons, and $25,000 for other parties' property damages caused by an accident. Alabama also requires all insurance policies to provide UM benefits unless expressly refused by the policy holder.

An example of an automobile accident in Alabama helps explain the interaction between mandatory minimum requirements and uninsured motorist claims. Driver A suffers personal injuries totaling $100,000 when Driver B runs a red light and crashes into Driver A. Driver B carries the mandatory minimum coverage under Alabama law but is otherwise insolvent, meaning he does not possess the financial resources necessary to cover a judgment against him. Driver B's mandatory insurance will contribute $25,000 towards Driver A's injuries, leaving Driver A with a $75,000 void. To mitigate her loss, Driver A will essentially be forced to sue her own insurance carrier, seeking UM benefits to help minimize or erase the $75,000 void left by Driver B.

If you were injured in a car wreck in the Birmingham area, seek the advice of a Jefferson County automobile accident lawyer. Attorneys who practice in motor vehicle injury litigation can help resolve the many insurance issues that arise after an accident.

For purposes of personal injury litigation, an expert witness can make or break case. For example, an individual severely injured in a car accident with a negligent driver must prove the extent of his injuries to recover the various types of car accident damages. Many times, this requires a doctor to testify as an expert witness about the nature and severity of the individual's injuries. Without such testimony, the individual may face great difficulty in recovering all damages to which he is entitled.

Expert witnesses are even more crucial in automobile crashworthiness claims. An injured individual seeking compensation for injuries caused by a vehicle defect may need multiple experts to explain the complexity of the car's flaw. For example, an accident reconstruction expert may be necessary to compare the performance of an automobile's flawed brake system against the brakes of other automobiles. A qualified engineer may be needed to describe how an auto manufacturer could have prevented injury through adequate design or testing procedures.

Recently, Alabama has modified its standards regarding expert witness testimony. However, the full impact of such changes remains unknown. Speak with your accident and injury attorney to discuss the possibility of using an expert witness in your personal injury claim. Lawyers who represent injured individuals are usually familiar with witnesses with various areas of expertise. Furthermore, many personal injury attorneys front the costs associated with expert witnesses, ensuring that injured individuals receive the best representation possible.