Alabama Injury Attorneys Blog

The crash and burn investigation of the Alabama 18-wheeler that killed a 10 person family and took the life of an Alabama tractor trailer driver is now underway on Interstate 65.

According to Kentucky's State Trooper, Charles Swiney, "The [tractor-trailer] was completely loaded with brake drums for other tractor-trailers, so it was a very heavy vehicle. And just due to the size and magnitude of that tractor-trailer, and with it being fully loaded, the [cable] barriers weren't effective with this incident."

The cable barriers along Kentucky's interstate were said to exceed the federal highway administrations guidelines for safety and strength. They are able to withstand an enormous amount of impact and strength. However, the barriers were not meant to stop a fully loaded 18-wheeler.

This is the first fatality of its kind since the cable barriers were installed. Due to the large number of fatalities, the National Transportation and Safety Board (NTSB), an organization that only investigates about 10 accidents annually, has begun investigating the crash.

According to the vice-chairman of the NTSB, Christopher Hart, they will thoroughly scrutinize the Alabama tractor trailer driver, and survey his last 72 hours, his rest-work schedule, and what distractions he had the two weeks prior to the accident.

According to Hart, every seat in the 15- passenger Mennonite family van was equipped with seat belts.

The NTSB has stated it may take them up to a year to conclude what happened to cause the deadly accident. They will conduct interviews of other travelers and truck drivers, review the design of the highway and traffic count, but no one should expect quick answers.

Continue reading "18-Wheeler Crash and Burn Prompts National Transportation and Safety Board Investigation" »

It has been called "The worst highway crash since May 14, 1988, when 27 children were killed in a church bus crash." On March 27, a family of Mennonites from south Kentucky was killed in an 11 person trucking accident with an out of control 18-wheeler on Interstate 65 (I-65).

The Esh family was traveling to a wedding in Iowa, when their 15-passenger van was struck head-on by an 18-wheeler in route to Alabama. The truck driver, later identified as Ken Laymon, was carrying a fully load tractor-trailer rig full of brake drums when he accidentally lost control of his 18-wheeler, crossed the median, hit the 10-person family, then hit a rock wall and burst into flames.

Mennonites, who share many of the same beliefs concerning baptism and basic Bible doctrines, as the Amish and can trace their roots back to the same Anabaptist movement. However, they differ in their dress, language, worship and interpretation of the Bible.

Among those killed in the wreck were John Esh, a Mennonite church minister and his wife, Sadie were killed, along with 4 of the couples 12 children, Rose, Anna, Rachel and Leroy. Naomi Esh, Leroy's wife, was killed along with their 2-month old son, Jalen. However, their other two sons, Johnny and Josiah, were the only two survivors.

Joel Gingrich, Rachel Esh's fiancé, and their family friend, Ashley Kramer were also killed.

The driver of the tractor-trailer, operated by Hester Inc, from Fayette, Alabama, was also killed in the horrible crash.

Evidently the Alabama tractor trailer was burned beyond recognition after it hit the rock wall. According the coroner, Ken Laymon, that driver of the 18-wheeler had to be identified by dental records due to the severity of the accident. Investigations are now underway as to the state of mind of Laymon leading up to the horrible accident. Laymon had 20 years on-the-job experience has an 18-wheeler driver.

Motor Vehicle accidents occur every day in Alabama. Often the cause of the accident is clear, such as poor driving conditions, drunk drivers, driver negligence, texting or using cell phones, etc. The list seems endless. However, often enough, one of the leading causes of accidents is due to the vehicle's "blind spot." The blind spot is an area directly out of view near the rear of the vehicle. All vehicles have blind spots including, cars, motorcycles and especially 18-wheeler trucks. A Blind Spot accident typically occurs when merging in and out of traffic, or changing lanes in front of a closely tailing vehicle.

Tractor trailers are one of the leading causes of blind spot accidents, mainly due to the sheer size of the vehicle. Some drivers mistakenly believe 18-wheeler truck drivers have a better view because they are high off the ground. When in all actuality, truck drivers pose a major threat to other motorist because of their lack of visibility. Blind spot accidents can potentially effect 18-wheelers and other motorist, especially when they are traveling down congested Alabama highways such as Interstate 20/59 (I-59) and Interstate 65 (I-65).

While many Birmingham accidents can be preventable, blind spot accidents tend to be negligent.

The following are some tips on how to avoid an accident caused by blind spots:
• Always check your rear-view mirror and side mirrors before changing lanes
• Always pay attention to the traffic around you
• You should avoid hand held cell phone usage when operating a vehicle. While cell phone usage can cause accidents motorist are more likely to neglect blind spots when talking on a phone
• When merging into a lane always double check to make sure a car is not beside you

Remember: To avoid potential accidents with 18-wheelers, drivers should be aware of the "no-zone" driving laws around the front, side and rear of tractor trailers and 18-wheelers. These are areas around 18-wheelers where smaller vehicles should not travel next to large vehicles.

Continue reading "Know Your Blind Spots and Prevent Accidents" »

Robert Blacker of Birmingham, Alabama was killed Wednesday in a fatal motorcycle accident on Interstate 59 North near the Fourth Avenue Exit.

According to authorities, 32 year-old Blacker was in the left hand lane driving south on Interstate 59, when another motorist evidently changed lanes directly in front of him, causing Blacker to loose control of his motorcycle. Blacker was thrown into oncoming traffic and hit by several cars, pronouncing him dead at the scene around 10 p.m. Jefferson County Chief Deputy Coroner, Pat Curry, indentified the Birmingham, Alabama accident victim today as Blacker, and released his name to the public.

The Birmingham motorcycle crash temporarily shut down Interstate 59 northbound lanes.

The Center for Disease Control estimates that 4.5 million people are bitten by dogs each year. More specifically, 1 in 5 actual requires medical attention. That estimates to around 885,000 people annually that are bitten by dogs.

Dog bite injuries among children are the highest, particularly between the ages of 5-9.
Most dog bite injuries occur around the facial area and are the second leading cause of childhood injury. Dog bites can cause permanent facial damage, loss of vision, scarring, potential skin graphing, and even death. Pet owners that own malicious dog breeds have a duty to keep their animals away from other people and children. Dog owners that cannot control their animals are often liable if someone is hurt or injured by their animal.

People have dogs for a number of reasons. Many use dogs as household pets, others use them for protection, and sadly some use them illegally in dog fighting. Dogs can be wonderful pets, but if they are an aggressive breed you need to beware they can be deadly.

One of the most notorious breeds that we frequently hear about are Pitt Bulls. Pitt Bulls are broad-chested, have powerful jaws and are extremely agile animals. If properly trained the disposition of a Pitt Bull is one of affection and loyalty. However, Pitt Bulls are often considered "people-haters" or "people-eaters" because of their incredible strength and history of pit fighting. They are constantly in the news for dog attacks, and predominantly used for dog fights. Pitt bulls are extremely aggressive and have reputation for mauling people when provoked.

Other dangerous breeds include:

Rottweilers
German Shepards
Huskies
Alaskan Malamutes
Doberman Pinschers
Chow Chows
Presa Canarios
Boxers
Dalmatians

Continue reading "What You Should Know about Dog Bites Injuries" »

A Tuscaloosa, Alabama jury awarded Nathan Ballard with a $2.65 million verdict on Tuesday. Ballard, who is a disabled, 55 year old man with Cerebral Palsy, was left stranded in his bed for four days by home healthcare workers, Gentiva Health Services USA.

Gentiva, which claims to be the Nation's leading provider of home healthcare, was contracted through the Alabama Independent Living Program, a subset of the Alabama Department of Rehabilitation Services to care for Ballard. The company services nearly a half million patients in more than 380 locations nationwide.

Based on the lawsuit filed, Gentiva Healthcare workers failed to show up at Mr. Ballard's home between March 18 and March 22, 2005. After the healthcare workers failed to check on him, Ballard was able to make enough noise to alert neighbors to call 911. Ballard was hospitalized and treated for injuries to his shoulder, hip and leg and dehydration.

Continue reading "Alabama Man Awarded $2.65 Million in Health Care Lawsuit" »

A south Alabama man was killed in a two vehicle collision on Monday in Calhoun County, Alabama. The motor vehicle driver, 67 year old, Otis James Girtman of Dothan, Alabama was killed when his Ford Pick-Up Truck was hit by another in a motor vehicle accident. The driver of the second vehicle hit Mr. Girtman in his Ford Pick-up Truck, causing his truck to overturn. The second driver was said to have also been driving a pick-up truck and has no reported injuries. Alabama State Troopers have been investigating the fatal car accident, with no charges reported as of yet.

A second fatal car accident was also reported on Monday, when a south Alabama man was killed in his overturned pick-up truck. According to Alabama State Troopers, 42 year old, William Malone was driving through Mt. Vernon, Alabama when he lost control of his truck. The pick-up truck flipped over and killed him. There is no word yet on what caused the trucking accident. However, the crash is still under investigation.

Trucking accidents and car wrecks are among the leading cause of physical and financial misery in the State of Alabama. Every year hundreds of Alabamians are injured and killed in motor vehicle accidents. In a recent study conducted by Readers Digest, Alabama was ranked as the #1 with the deadliest roads for speeding. While authorities do not know if speeding was a contributing factor to the two accidents above, it is safe to say motor vehicle accidents could happen to anyone. Be careful on the road!

Continue reading "Fatal Truck Accidents Kill Two South Alabama Men" »

This coming Sunday, March 21st 2010, Kirby Farris from the Alabama Personal Injury Firm, Farris, Riley & Pitt, LLP, will welcome John Steel, designated council for the Brotherhood of Locomotive Engineers and Trainmen (BLE&T), as a guest host on Birmingham, Alabama Lawcall. Mr. Steel, a personal injury and railroad/FELA attorney from the firm, Matthews, Steel and Moss, along with Kirby Farris and Birmingham news anchor/moderator, Tiffany Bittner, will work to answer all your questions on air for 30 minutes

Often Union members and railroad employees have many questions regarding railroad related accidents or FELA issues but do not know where to turn for legal advice. For instance, if you are injured, will the railroad cover your expenses while you're not working? If you are disabled, how long does your disability coverage last?
We urge all Railroad Affiliated Employees to tune in Sunday at 10:30 p.m. to Fox 6 to have your questions answered.

LawCall is a Public Service Broadcast that airs live every Sunday night in Birmingham, AL, immediately following the 10:00 p.m. news. LawCall, which is featured on Fox 6 WBRC, answers all your legal questions ranging from Personal Injury Accidents in Birmingham, Alabama to Railroad Related Accidents, to what to do if you're involved in a motor vehicle accident. The topics next Sunday will be solely based on Railroad Accidents and injuries sustained while working for the railroad.

Continue reading "Birmingham LawCall to Feature Union Railroad Lawyer, John Steel" »

The U.S. Department of Transportation announced Thursday that motor vehicle accident fatalities had dropped to a record low in 2009, reaching the lowest level since 1954.

Deaths caused by car and trucking accidents have continued to decline for almost four years. Improvements such as tougher drinking and driving laws, crack down on seat-belts and auto safety prevention are really paying off making our roads safer. Alabama, for example, has enforced several highway safety programs such as; "Take back Alabama Highways" and "Construction Zone Safety" which are making Alabama roads safer and helping to reduce motor vehicle related deaths.

Historically, Alabama has ranked in the top 30% for traffic fatalities in the U.S.; however, this report indicates that the number of Alabama and nationwide accidents is on the decline.

The National Highway Traffic Safety Administration is responsible for collecting the data that determines the accident fatality rate. According to their data collected, Alabama accident fatalities, along with the rest of the 49 States, have been steadily declining for the past five years. While this is positive news, the Transportation Department estimates that over 33,000 people were killed last year in traffic related accidents, a decline of 8.9% and the State of Alabama reported almost 1000 deaths caused by car and trucking accidents. Transportation Secretary Ray LaHood said, "This is exciting news, but there are still far too many people dying in traffic accidents."

Continue reading "Highway Traffic Fatalities the Lowest in 56 years" »

Alabama Auto Salesman, Ken Stephens, could have easily been injured or killed had he been at work at his automobile business on Thursday.

Yesterday, an 18-wheeler from Alabama based Mills Trucking Company rounded a curve on Alabama Highway 331 North and spilled every bit of its 12,000lb load. The truck driver was carrying around 60 wooden beams weighing an average of 200lbs each. When the 18- wheeler rounded the curve, about 40 of the beams dumped out smashing into Stephen's sales building, Panola Auto Sales. The beams severally damaged Panola Auto Sales physical building and all of Stephen's vehicles on the lot.

While Mr. Stephens was not at work, his detail man Gerald McGraw was. McGraw was reaching for the front door trying to exit the building, when all 40 beams barreled through the building. Luckily, McGraw was not injured and able to crawl out from the building. He has suffered a few bumps and bruises and a very sore back.

The driver of the 18-wheeler was not injured from the accident and has declined to comment on the accident. Early reports indicated that the truck driver was not speeding on the 55 mph highway, but County Investigators say they would like to see this speed limit reduced to lower the possibility of potential crashes and fatalities.

Alabama highways can be extremely hazardous for motor vehicle drivers and 18-wheelers. Alabama accidents happen frequently and easily on rural roads and highways. In 2008, Alabama crash statistics indicated there were almost 1000 fatalities in the State of Alabama alone.

Continue reading "Alabama 18- Wheeler Accident Could Have Been Deadly " »

"It could happen to you" was the message delivered at the South Alabama "Alive at 25" event.

An Alabama group of over 500 young drivers gathered together last Saturday to attend a driving safety class, Alive at 25. The course is a 4.5 hour awareness course designated to teach young drivers how to be aware of typical driving hazards that many young drivers face. The course differs from driver's education, whereas it takes place in a classroom and teaches young drivers through instructional videos and class discussion.

The driver's safety course was prompted by a local Alabama attorney and two families, the Bowers and the Carrs, both affected by adolescent drivers.

Braden Bowers, a South Alabama teenager was killed over four years ago in an automobile accident on Interstate 10. Bowers, was only 18 years old, when he was T-Boned and killed by a distracted driver that drifted into his lane forcing him into oncoming traffic. Bowers died on February 16, 2006. Bowers' sister, Shannon served as an instructor at the event and has been an advocate for better guard rails along highway medians ever since the accident. According to a 2007 interview, Shannon said "Accidents happen. I know that, but if there had been a barrier of some sort, Braden would not have crossed the median and the accident probably would not have cost him his life."

Katelyn Carr, an Alabama teenager that killed a 20 year old in a drunk driving accident, spoke to teens about what she calls, the day that everything changed. Carr was leaving a party around midnight on the evening of July 20, 2005, when she ran a stop sign in her Sports Utility Vehicle and smashed into the side of 20 year old, William Alexander Crowe. The young Alabama man was driving home from his job waiting tables.

Motor vehicle crashes are the number one cause of death for young adults, ages 15-24. Alive at 25 has been proven to be extremely effective in reducing fatalities among this age group. For more information on Alive at 25, visit their website at http://aliveat25.us/.

Continue reading "Alabama Wrongful Death Accident Inspires 'Alive at 25'" »

An Alabama woman was killed early Monday morning when a pick up truck struck her vehicle. Damita Shante Pinkey Law of Whatley, Alabama was 47 years old and pronounced dead at the accident scene on the U.S. Hwy 84.

Alabama State Troopers arrested Ezekiel Alexander Lewis, the pick-up truck driver, on charges of driving under the influence and leaving the scene of an accident. More charges are likely to follow and especially since it is believed that speeding caused the accident.

The same weekend, a Mobile woman was killed in Lowndes County in a motor vehicle crash. The accident was believed to have been caused by a cell phone distraction. The victim was 19 years old and killed in a 2-vehicle crash with an 18-wheeler on Interstate 65.

According to reports, it is believed that the Alabama teenager may have been texting or using her cell phone at the time of the accident, when she crossed the median in her 2003 Oldsmobile and struck an 18-wheeler driving in the oncoming lane. The driver of the 18-wheeler was not injured in the accident.

Continue reading "Alabama Trucking Accidents Kill Two" »