Alabama Injury Attorneys Blog

The National Fire Protection Association (NFPA) and the Electrical Safety Foundation International (ESFI) are giving public warnings regarding the dangers of outdoor electricity hazards that could pose a risk to a child's safety. This warning is in response to an accident involving a 6-year-old girl who was severely burned when she came into contact with a transformer while playing at the Liberty Park Sports Complex last April. The girl wandered through a missing board in a fence surrounding a large green transformer.

The combined efforts of The National Fire Protection Association (NFPA) and The Electrical Safety Foundation (ESFI) are part of National Electrical Safety Month, which is a public awareness campaign responsible for promoting and educating the importance of electrical safety. The campaign is responsible for educating the public on preventative measures in regards to injuries and fatalities caused by electrical fires.

The National Fire Protection Associate (NFPA) and the Electrical Safety Foundation (ESFI) are offering the following tips for parents to enforce to their children this summer to ensure that they avoid electrical shock or burns while playing outdoors:
• Some of the tips this campaign offers to parents as they enforce summer rules while playing outdoors are:
• Recognize and make aware that electrical boxes are not a play toy and playing on or around it are off limits. Any equipment that is damaged or poorly maintained can present a safety hazard.
• Keep clear of power lines while playing or flying kites. If a kite gets caught in a power line, let it go.
• Notify an adult if you find a power line on the ground.
• Keep clear of trees and go inside if it is lightening.
• Make sure to ask an adult if you want to bring a toy into a swimming pool. Do not bring indoor toys near any water.
• If electrical equipment is in need of attention, adults should call their local officials so the equipment can be repaired.

Additional resources regarding child safety or educational resources, please visit www.nfpa.org and www.electrical-safety.org.

Continue reading "Tragic Accident in Vestavia Hills, Alabama Prompts National Warning on Electric Safety" »

Danny Smith, the 64-year-old owner of Danny Smith Realty and Construction, was arrested Saturday afternoon after he injured and killed a Chilton County family following the Tuscaloosa Air Show.

According to reports, 8-year-old Haylee Burks along with her 28-year-old mother and 3- year-old sister were struck on the shoulder of the road off Fifth Street in a drunk driving accident. The driver of the vehicle-later identified as Danny Ray Smith - left the accident scene in what is being reported as a hit and run accident.

Smith, a prominent businessman in Tuscaloosa, Alabama, had been entertaining guests at the Tuscaloosa Air Show, when he swerved off the road and hit the family of three with his GMC Sierra pickup truck. Reports indicate that Smith continued driving for roughly100-200 yards before he stopped his truck and walked over towards the victims. Smith allegedly walked back to his truck where Northport Police Officers apprehended him and took him into custody.

Haylee Burks at five feet tall and 80 lbs was killed in the motor vehicle accident when the truck ran over her body. All three victims of the hit and run accident were transported to DCH Regional Medical Center in Tuscaloosa. Eight-year-old Haylee died upon arrival at DCH, while her mother was admitted to the intensive care unit (ICU). Haylee's sister was a rushed to Children's Hospital in Birmingham and was released Monday. Her mother was released from DCH Medical Center yesterday, where she was treated for multiple fractured vertebrae.

The Northport Police stated the drunk driving accident occurred around 4:26 p.m. Saturday afternoon immediately following the air show when Smith hit all three of the victims. All three victims were from Jemison, Alabama in Chilton County.

Danny Ray Smith was been released on a $110,000 bond from the Tuscaloosa County Jail. He faces charges of vehicular homicide, two counts of first degree assault and leaving the accident scene. At the time of the accident, Smith's blood alcohol level reached .13%, almost twice the legal limit in Alabama. Prosecutors are asking the Smtih to relinquish his passport. He is considered a possible flight risk since he has access to planes through his business.

Continue reading "Prominent Tuscaloosa Business Man Involved in Drunk Driver Accident, Young Girl Killed" »

A wrongful death lawsuit has been filed after a school bus accident killed two and injured several students on March 12, 2012. The school bus crash occurred around 7:40 am when the bus struck a bridge support beam. The bus accident killed the school bus driver, Thomas Spencer, and 5-year-old Donasty Smith. At the time of the bus accident, around 50 students were onboard the school bus, with ages of those injured ranging from 5-16 years old.

Police: Child, driver die in east side school bus crash: wishtv.com

The first personal injury lawsuit in the school bus accident was filed yesterday on behalf of a 9-year-old boy and his two siblings. Michael Watkins, 9- years old, broke his leg in the bus accident and was hospitalized at a nearby Children's Hospital. The siblings, Lenae Watkins and Nevaeh Hobbs, were not hospitalized after the accident but rather suffered "post-traumatic stress."

The personal injury lawsuit claims Miller Transportation, the company that owns the school bus, was negligent by failing to provide seat belts on the school bus. The bus accident critically injured two children and wounded eight others. The complaint also claims Miller Transportation was negligent and failed to place seat belts in the bus. Additionally, the personal injury lawsuit alleges Miller failed to train and supervise the bus driver. The plaintiff's attorney representing the family stated in an interview, "Shame on [the] government, shame on lawmakers, shame on educators who drove their cars to their workplace with the safety of seat belts but they let the kids go to school without seat belts,"

Lastly, the lawsuit claims, Miller Transportation had a duty to the students to protect them from any unsafe or dangerous conditions.

According to the National Highway Traffic Safety Report, a school bus is the safest vehicle for transportation for getting children to and from school. In fact, the larger buses are designed to provide protection without wearing a seat belt. To date, the majority of states in the U.S. do not have seat belts on school buses and only a handful of states require them.

Continue reading "Fatal School Bus Accident Linked to Seat Belts" »

The family of Katie Ann Lunn has settled her wrongful death case after what must have been two years of hell. At 26 years old, Lunn taught dance at Joffrey Ballet School and School of Performing Arts in Naperville. On April 16, 2010, Lunn was driving home from the American Dance Awards contest at Governors State University aroun 9:40 p.m. when she was killed in a train crossing accident.

According to eyewitnesses, several crewmembers with the Canadian National Railway (CN) reportedly were working on the railroad tracks hours before the fatal accident. One witness, Lauren Brown, stated the lights and the gate were not working the night of the accident. Brown was driving ahead of Lunn and told authorities she barely missed being hit by the train.

Lisa Smith, another witness, traveling in close proximity to Lunn told authorities, "There were no flashing lights [and] the gates did not go down." Evidently, crew and maintenance workers deactivated the signals earlier in the day in order to repair them and failed to turn them back on. Video recording from Amtrak confirmed there were no gates, lights or bells when the train through the intersection and into Lunn's SUV at 79 miles per hour.

The fatal car crash occurred near the intersection of Governors Highway and Stuekel Road.

On Monday eventing, Lunn's family and personal injury attorneys struck a deal the Central Railroad Company- a Canadian National Railway subsidiary. The wrongful death trial was scheduled for opening arguments to begin Tuesday morning.

The Central Railroad Company, who admitted responsibility for deactivating the gates and lights, settled the wrongful death case for $6 million. In a statement issued by the Canadian National Railroad, CN expressed their sympathy and regret over the Lunn's tragic loss. Spokesperson Patrick Waldron went on to say CN is committed to doing everything necessary to ensure future CN crossings are safe.

Continue reading "Family Settles Railroad Fatality For $6 Million " »

A U.S. Coast Guard training crew crashed into the Mobile Bay late Tuesday evening leaving several crewmembers unaccounted for.

One crewmember was recovered shortly after the collision, only to be pronounced dead several hours later; three others members are still missing. The MH-65 helicopter was on a training mission and departed the U.S. Coast Guard Aviation Training Center Tuesday evening. According to a spokesperson for the U.S. Coast Guard, the chopper went down about 2-3 miles southwest of Point Clear in roughly 13 feet of water.

Rescue crews were initially deployed to assist with search efforts as well as an HU-144 twin-engine search craft, Mobile County Sherriff's Flotilla and Alabama Marine Resources.

Search and rescue efforts continued this morning under somewhat less than ideal weather conditions. The Alabama Marine Resources group stated the accident crash scene was visible from the surface. An alert was issued to all Mobile Bay mariners to be on the lookout for crewmen in the water. Area volunteers as well as Coast Guard cutters, Cobia and Stingray, are conducting the search mission and the Alabama Marine Resources has a dive team on site.

Early reports indicate the helicopter crashed into the bay nose-first, leaving part of the tail jutting out. Divers have reached the cabin but have been unable to confirm whether crewmembers are inside, requiring a barge to pull the crashed helicopter from the water.

For more than 20 years, the crashed helicopter, MG-65C, known as Dolphin, was a well-known sight in Mobile, Alabama. Holding four people, the MH-65 was used for search and rescue missions, weighed roughly 5,267 pounds and was outfitted with a rotator diameter of 39 feet. Recently, the MH-65 was awarded a certificate of commendation from the American Eurocopter for accumulating over 1.25 millions flight hours.

Continue reading "Search Continues for Crewmembers in Alabama Helicopter Crash " »

"Here is my story. I hope you find it helpful in comforting or helping another client understand the legal process.

I was driving to one of my stores in North Alabama (in a company car) and out of nowhere was T-boned by another vehicle. The truck that hit me failed to yield to my right-of-way and said that he was waved through the intersection by an 18 wheeler. My car was hit on the driver's side door and spun around until I was in another lane and facing the opposite direction. The driver came to my window yelling that it wasn't his fault. I called 911, was cut out of my car, and was taken to Helen Keller Hospital, where I was seen by the ER doctor and transported to the UAB Trauma Unit. I had multiple tests, therapy sessions, and 5 surgeries over a year and a half or so to repair the soft tissue damage to my arm. During my first stay at the hospital I was contacted multiple times by an investigator--the driver that hit me was in a company vehicle and his company wanted me to make a statement about the accident. I was advised by a nurse that was checking my stats a couple of times when the investigator called to hire an attorney, and having never done so (and only living in Alabama for 3 months) I was anxious about what to do. I was given Ken Riley's name, contacted him, and felt very relieved for having done so. The phone calls from the investigator stopped after I directed him to contact my attorney, and I felt very safe and protected, as I was nervous about how to respond and how to protect myself. Ken worked patiently and supportively, always genuinely concerned about what I had been through and how I was healing, and guided me through dealing with Worker's Comp, depositions, and the mediations with both the driver that hit me and the truck that waved him through. I still have open medical, which is important, as I am still under medical care for nerve damage treatment. The most important part of the entire thing was knowing that I had someone in my corner, fighting for what was right, and allowing me to focus on getting well."

- Emily

The family of Craig Salerno filed a $25 million wrongful death lawsuit after he died after a crash at the National Championship Air Races.

According to the personal injury attorney representing the Salerno family, the accident was a "result of a reckless drive for speed by a risk taking pilot and crew" plus the drive to increase profits.

Salerno, a dispatcher for Continental Airlines, was one of ten spectators killed in the air crash. The wrongful death suit states the accident killed the married father of two children instantly.

In addition to Salerno, the accident also killed the pilot, Jimmy Leeward. Flying a World War II era Mustang, Leeward rolled and slammed into the box seats where Salerno and the other nine deceased spectators were sitting. Federal investigators have evidence where a piece of the plane's tail broke off around the time of the crash. The crash has also prompted aviation experts to review additional evidence such as a possibility of a trim tab snapping off- which would have kept the plane's nose down.

The wrongful death lawsuit names the Reno Air Racing Association in the lawsuit in addition to a number of people who modified the WWII plane.

Continue reading "Family Files First Wrongful Death Suit After Reno Air Crash" »

The husband of Zoila Tellez, 44, was awarded a $22.5 million settlement after a train derailment killed his wife and unborn grandchild.

Jose Tellez, 40, of Rockford was traveling with his wife and daughter when a Canadian National Company Train derailed in June 2009. The Tellez family was waiting for the 114 car train to pass through an intersection when the explosion occurred.

The train, containing 18 cars full of flammable ethanol, derailed right before the intersection. Creating a massive explosion, the derailment casued a "massive fire ball" to spin off that would consume the Tellez vehicle. Jose Tellez and his wife, Zoila, were engulfed in the flames and forced to evacuate their vehicle. Jose was severely burned from the explosion that killed his wife and unborn grandchild.

Jose and Zoila's pregnant daughter was traveling with them at the time of the accident. The daughter was 6 ½ months pregnant and awarded $13.75 million after losing her unborn child as a result of the accident.

The wrongful death lawsuit named three railroads: The Canadian National Railway Company, Central & Pacific Railroad Company and the Illinois Central Railroad Company. Alleging negligence, the injury attorneys claimed the company failed to maintain and inspect their tracks. According the personal injury lawyers representing the Tellez family, the railroad was notified 20 minutes before derailment from a 911-command center that a portion of the track was washed out. Instead of slowing down, eye-witness testimony stated the train's engineer actually sped up before derailing the train.

The survivors of the railroad crash explosion include Jose, and Zoila's daughters: Adriana, Lisette, Cristal, and Elvira.

Continue reading "Railroad Derailment Accident Settles for $22.5 Million" »

A recent study estimates that over 1,000 Americans are injured in golf cart accidents every month.

Because of the low-cost of these motor vehicles, just as many accidents are occurring off the golf course as well as on. A University of Alabama at Birmingham (UAB) study released earlier this month found golf carts are routinely involved in crash collisions and rollover accidents. It also found that people are just as likely to be fall off a golf cart as they are to be thrown from the vehicle.

The study, conducted by physicians at UAB Hospital, was published in the Journal of Trauma: Injury, Infections and Critical Care after doctors at UAB treated numerous people who sustained injuries in golf cart related accidents. This is the first study of its kind that has estimated the amount of golf cart-related accidents in the United States.

UAB researchers analyzed a national database of emergency room records from 2002 to 2005. A conservative estimate suggests there were over 48,000 golf cart accidents over the course of the four-year period. That averages out to around 1,000 accidents per month. Ironically, only half the accidents actually occurred on a golf course. The remainder occurred at private homes and on public property.

The study found the most common injuries sustained from golf cart accidents were bone fractures and head traumas. The largest amount of injuries occurred in boys between 10-19 years old and men over the age of 80.

Golf carts, though they appear to be safe, are designed to reach a maximum speed of 15 mph. However, many have been altered to reach much higher speeds. Lacking basic safety features such as turn signals, mirrors and a windshield, a person' use of golf carts on public roads can be a real threat to human life.

Continue reading "Golf Cart Accidents Injure 1,000 People Each Month" »

A jury recently awarded Niki Bell with a $30 million verdict for injuries she sustained in a horrific boating accident on Lake Oroville.

Twenty-seven year old Niki Bell was left permanently injured after a boating accident almost five years ago. In 2006, Bell and several other friends were riding in the bow of a MasterCraft X45 when the boat slowed to turn and dumped Bell and another woman, Bethany Wallenburg, into the water.

Traveling at a speed of 3-to-5 mph, the 24ft boat slowed to retrieve a fallen wake-boarder that it was pulling. The excessive size of the bow caused it to dump the two women into the lake. Bell suffered a traumatic head injury after the boat propeller sliced through the front lobe of her skull and ripped out her left eye. Bethany Wallenburg, the second injured boat victim, was slashed across the back, arm and leg by the boat propeller.

The boat's driver, Jerry Montz, was arrested after the boating accident and pleaded no contest to recklessness and negligent operation of a watercraft vessel. Evidence during the trial indicated that Montz had been drinking at the time of the accident and registered a blood-alcohol level of 0.04%.

According to the personal injury attorneys representing Bell, a flaw in the boat's design caused it to dip into the lake. The plaintiff lawyers alleged MasterCraft combined two existing boats and never engineered it. By enlarging the size of the bow of the MasterCraft X45 it allowed more people to fit on the bow of the boat though if it dipped, as it did in this case, water would pour in. There were a total of 19 people on the boat at the time of the accident, however, Montz (the driver) allowed 12 people to sit on the bow of the boat.

The California jury returned a $30 million verdict in favor of Bell and a $500,000 to Wallenburg. The jury cited MasterCraft with 80% responsibility for the damages and Montz, now 33, with 20% responsibility.

According to Bell's mother, Niki is living independently and working part time but will require a lifetime of treatment.

Continue reading "Jury Awards $30 Million in Boating Accident" »

The family of motorcyclist Kenneth Sully settles a wrongful death lawsuit against the city of San Diego after his untimely death in April 2009.

The wrongful death lawsuit alleged that the city had repeatedly dismissed complaints about the accident-prone intersection for over a decade. And had the city installed a $3000 traffic signal, the accident ultimately would have been prevented.

Now the city of San Diego will have to pay the Sully family a $1.8 million settlement for their claim.

Sully, 58, was killed in a motorcycle accident at the intersection of Pacific Highway and Cedar Street after his bike collided with a Toyota Corolla. The car was driven by a 17-year-old female who was heading in the opposite direction. The Corolla turned left onto Cedar Street in front of him. As Sully attempted to move out of the way, he hit the Corolla on the rear passenger side and later died from head injuries sustained in the accident.

The personal injury lawsuit claimed that the "Turn lane's position combined with the position of the then-existing traffic signals gave drivers the confusing illusion they had the right-of-way on a green signal to turn left onto Cedar Street." The lawsuit also stated, "The city further failed to install or maintain any signs warning southbound traffic they were required to yield to northbound Pacific Highway traffic when turning onto Cedar Street. No warning or signals were present to safely guide traffic using this intersection with due care."

The personal injury law firm representing the Sully family sought $5 million for the motorcycle accident. The plaintiff attorney later called it a "foreseeable and preventable accident."

Sully is survived by his wife, Dianne, and their daughter, Nicole.

Continue reading "Family of Motorcycle Accident Victim Settles for $1.8 Million " »

The family of 52-year-old Ceasar Solomon, who was hit and killed back in March 2008 by a Jacksonville Transportation Authority bus, will receive $1 million for his wrongful death.

Ceasar Solomon on Jacksonville, Florida was working on the back of a bucket truck repairing a city traffic light some two stories in the air back in March 2008 when a Jacksonville Transportation Authority bus stuck the vehicle and killed him. The bus accident occurred around 1:30 p.m. at the corner of Commonwealth and Melson Avenues Despite using flashing lights, the city engineering bucket truck was rear ended by the transit bus and sent Solomon some 20 feet into the air. Solomon was 52-years-old at the time of the accident.

The Jacksonville Transportation Authority has agreed to pay $1 million in compensation for his wrongful death to Solomon's widow, Ruby, and their two children. However, there is a catch. The Florida Legislature has to approve the amount. The state currently has a $200,000 statutory cap on damages. State Senator Tony Hill and Representative Charles McBurney have filled bills in the Florida Legislature allowing the Solomon family to collect and additional $850,000 for his untimely death.

The city engineering truck was surrounded by orange cones, a flagman, and was utilizing flashing hazard lights. According to the police report, the bus driver never slowed down. Gwendolyn Wells Mordecai was driving the city bus at a speed of 37 mph when she crashed and struck the bucket truck pushing it across three lanes of traffic.

Mordecai was cited for careless driving and fired after the fatal bus accident, however, she was not charged with vehicular homicide. Mordecai had seven prior bus accidents since 1991.

Continue reading "Family Receives $1 Million from Bus Accident" »

Lauren Perdiau Ward, 47 years old, was killed when a big rig or 18-wheeler truck hit her while she was cycling. Ward's family filed a Wrongful Death Lawsuit last month against the truck driver and his employer. The lawsuit names the truck driver, Gabriel Manzur Vera, and his employer, Randazzo Enterprises, as defendants.

The personal injury lawsuit alleges that the crash was caused by Vera's negligence, and filed on the same day that Highway Patrol released a report stating Vera was not at fault in the accident. Vera, however, has been involved in three fatal trucking accidents but authorities have yet to find him at fault in any of the three fatalities.

Ward was pronounced dead at the accident scene after her bicycle dropped to the right, and she was ran over by the 18-wheelers second axle. Vera told local authorities that he was veering right from the right-bound lane, had his right blinker on and looked into the right rear-view mirror, when Vera says he felt a "bump." Highway Patrol later determined the accident occurred because Ward made an unsafe turn. According to a spokesperson for Highway Patrol there were no eye-witnesses to the bicycle accident and why Ward turned into the truck will remain a mystery.

Randazzo Enterprise just settled a previous case for $1.5 million earlier this year that involved Vera in a similar wrongful death lawsuit back in 2007. The tractor trailer accident was almost identical to Ward's case and involved a 26-year-old bicyclist, Josh Myslin, who was killed as the result of the 18-wheeler collision. Vera underwent a two month investigation that later cleared him of any wrongdoing.

Vera's first fatal trucking accident occurred on December 31st, 2003. While Vera was driving his big rig down Highway 1, a vehicle driven by Annette McDaniel crossed into oncoming traffic and hit the tractor trailer head-on. The coroner's office later reported McDaniel had been weaving in and out of traffic prior to the accident.

Continue reading "Bicyclist Accident Prompts Wrongful Death Lawsuit" »

Every Sunday night our personal injury law firm hosts a 30 minute call-in show at 10:30 p.m. on Fox 6 in Birmingham, Alabama. Our show "Lawcall" features attorneys and guests from all over north Alabama. Primarily from Birmingham metro and the surrounding counties and features a different topic from 18-Wheeler Accidents, to Divorce to Personal Injury and even how to work with Insurance Companies. Sunday night's host, Injury Attorney Kirby Farris, talked about "Holiday Traffic Accidents" and after reading through some of his notes, I came across several alarming statistics.

Surprisingly, the most dangerous holiday to be driving is not New Year's Day, as most people would probably guess, but actually Thanksgiving Day. The most dangerous holidays that cause traffic fatalities are:

1. Thanksgiving Day
2. Labor Day
3. Independence Day
4. Memorial Day
5. Christmas Day
6. New Year's Day

Forbes.com published and article last year by Hannah Elliot attributing many of the circumstances surrounding holiday travel as leading factors for fatal auto accidents. It is no surprise that holiday traffic places increased drivers on the road and creates potential hazardous driving conditions. For example in 2008, 502 people were killed in auto accidents on Thanksgiving Day compared to a typical day that kills 102 people. Alcohol and increased traffic on the roads are obvious factors for traffic accidents but what about falling asleep at the wheel...

Drivers who fall asleep at the wheel account for more than 100,000 car crashes every year with 71,000 injuries and 1,550 deaths. Considering the long holiday weekends and the more time one spends traveling in their car only increases your exposure to potential car crashes.

It is estimated that 91% of Americans traveled by car over the Thanksgiving holiday to reach their destination. Not only are more people traveling on the road, but they are driving longer distances as well. The average road trip over Thanksgiving is 214 mi, while the average trip for Christmas or New Years is 275 miles.

Alcohol consumption and drunk driving accidents are major concerns for people driving over the holiday. In a 2008 report of crash statistics from the National Highway Traffic Safety Administration (NHTSA), 21-24 year-old drivers have the highest involvement in alcohol-impaired driving. Nearly 4 fatalities out of every 10 were alcohol related car crashes.

The bottom line-if you are going to be traveling over the holidays, always wear a seat belt, don't speed and if you are going to drink make sure you have a designated driver.

A Lee County Jury awarded the Martinez family a $14 million verdict for the death of their two sons: Jordy Martinez and Jesus Martinez. Both children were both killed in January of 2007 after a drunk driver hit their family truck in an accident on San Carlos Boulevard. George Butler was driving while intoxicated at a rate of 80 mph when he struck the Martinez truck, causing it to flip. At the time of the accident, Jordy was one year old and his brother, Jesus, was six years old. The older sibling, Juan Alexis Martinez- the only one to survive the crash, was 11 at the time of the accident and sustained injuries from the accident.

The jury trial lasted nine days. Butler, who plead not contest to charges in 2008, was sentenced to 15 years in prison. Maria Bustamante Martinez and Juan Luis Martinez and their surviving son were awarded $12 million for pain and suffering for the loss of the two boys. The remaining amount went to past and future medical bill as well as funeral costs. The jury awarded an additional $25,000 for punitive damages.

At the time of the accident, the Martinez family was head to a birthday party while Butler had been drinking at a local bar on Fort Myers Beach and left to drive home. In an interview Thursday, Butler said he doesn't remember how he got drunk; that "I didn't know how I got in the truck; I don't remember. Then I'm waking up in the hospital."

The personal injury attorney for the Martinez family asked the jury to award $66 million in damages; however Butler's attorney said the award should be around $3 million.

George Butler's mother, Yolanda Butler, said after the trial that she was disappointed that not all the facts were allowed into trial. A report indicating Maria Martinez had traces of drugs in her system was not presented to the jury.

The Martinezes are Mexican Citizens, although the two youngest boys were born in the United States.

Yolanda Butler said after the trial, "We don't understand how people who are illegal can use a system to gain money. This is American-the truth is supposed to come out."

Continue reading "Two Sons Killed in DUI Accident- Family Awarded $14 Million" »