Alabama Personal Injury Blog - Collisions

Noose that Hangs a Man Shows No Damage Either

Jon Lewis — Wed, 19 Aug 2009 13:30:07 GMT

The insurance industry has been promoting a fallacy since the early 1990's. That fallacy is that people in cars cannot be injured if the damage to the car is minor. This could not be further from the truth; however, jurors and society in general have bought into this concept. People think anyone who brings a claim for injury after minor damage to the vehicle is a crook.

As the title of this blog indicates, the rope used to hang a man will show little, if any, damage, but it will kill the man. With respect to vehicles, they are built better these days and built to withstand crashes of more significance than they could withstand years ago. Think about the materials which are now used in bumpers and other components of cars and SUV's. Simply because the car or SUV shows little damage does not mean the impact of the collision was insignificant or that the person inside the vehicle was not jolted one way or another to cause an injury.

Additionally, you have more towing packages and other components which resist damage but still receive the force of the impact. The seats in the vehicle have an effect on the collision and injury as well. See this report on It is not enough to say that the car or SUV suffered little damage. Shouldn't we focus on the individual who is injured and not the metal?

My grandfather used to always say, "Don't ever worry about what money can replace." Unfortunately, insurance companies want you to focus on the opposite. Since there is little damage to the vehicle, this person isn't hurt, and we shouldn't have to pay. This is horrible logic. We should focus on the person and the doctor and not assume the victim is lying. We should presume the person is telling the truth because if they are, they are the ones who lose in the end and are left with the injury.

If you want to read more about this issue, here is a very good article with supporting cites: Low Impact Injury Accidents: Are they Real?

Have you been in a low impact accident? Were you injured? Do you know someone who was? Can you dispel the myth? Let's talk about it. Let's get the public aware of this problem. Not everyone is injured in a collision. Some people are involved in significant collisions and rollover crashes, and they are not injured. Some people are in minor crashes, and they are injured. That is why we need to evaluate the person, not the car.

Let us know what you think.

Originally posted at InjuryBoard by Jon Lewis

Does High Performance Driving Lead to Accidents?

Jon Lewis — Wed, 08 Jul 2009 19:36:30 GMT

In the last couple of weeks, the Birmingham News has run an article on the Porche Driving School along with several articles covering wrecks leading the the death of several drivers and passengers. This has led me to ponder the question, "Do our average drivers think they are on the NASCAR circuit?"

Now, I'm not suggesting that the Porche driving school leads to these types of wrecks, but I do wonder what many of these people are thinking. In the articles above which discuss the wrecks which killed three people, the writer describes the wrecks as follows: one vehicle struck a tree on Alabama 155 in Jemison; another wreck happened at the 31st Street exit off of Interstate 20/59 North; and the third vehicle driven by a 44 year old man drove off the road in northeast Jefferson County and partially ejected him. In today's Birmingham News, it was reported that a woman was killed in Pratt City when the driver lost control of the vehicle, and another man was charged with his brother's death when he ran off the road, overcorrected and flipped his Ford Explorer.

All five (5) of these collisions were single vehicle collisions. There was not one moving car or truck which caused the wrecks. Yet, five people are dead as a result of this senseless driving. When do adults mature and realize that driving can be exceptionally dangerous? When you are driving down the road at a relatively low rate of speed, say 20-30 mph, and you hit a stationary object such as a tree, you are going to get hurt. SERIOUSLY HURT!!

You have to pay attention to the road. You cannot be drunk. You cannot text. You cannot be fiddling with the radio or air conditioner. You have to watch where you are going. One small move in the wrong direction can mean death. Pay attention. Be careful. Realize that you are not in NASCAR. Which, by the way, I'll bet you the NASCAR drivers are paying attention and not putting on makeup.

Originally posted at InjuryBoard by Jon Lewis

Are they Really Accidents?

Jon Lewis — Tue, 09 Jun 2009 20:52:36 GMT

I just finished a book called "Safety 24/7 - Building an Incident-free Culture". The authors, Gregor M. Anderson and Robert L. Lorber, Ph.D, make it clear that there are very few true "accidents". In the book, they call them "incidents". What's the difference? In the book, they define the difference as follows:

Incident vs. Accident: an accident implies the result is outside a person's control. In 97 percent of the cases, what happens - the incident - is easily within someone's control.

Somewhere along the line, we started calling "incidents" "accidents". Why? When someone runs a red light and causes a collision, is it an accident? When someone is texting on their cell phone and has a crash, is it an accident? When someone drinks and drives, is it an accident?

These aren't accidents. These are choices people make. We choose whether to pay attention to the roadway. We choose whether to look at the radio or look at the road. We choose whether to drive defensively. These are choices, and the term "accident" implies we have no choices.

When we are in a court of law, you will hear the defense attorneys constantly refer to the term "accident". Plaintiff attorneys will use the terms "collision," "wreck," or "crash". Which is more accurate?

In future posts, I will discuss more of the theme of this book. It does not only apply to car wrecks. it also applies to the workplace, public stores, and other commercial establishments. If you are interested in the book, you can purchase it from Amazon.com.

Or, you may call or e-mail our firm, Lewis, Feldman, Lehane & McAtee, LLC, for your free copy.

Originally posted at InjuryBoard by Jon Lewis

Car Wrecks - New eCrash Reports

Jon Lewis — Mon, 08 Jun 2009 20:36:17 GMT

The Birmingham News reported today that the State has instituted a new eCrash system. This system allows the State Troopers to submit wreck reports electronically. According to the article, this will make the process quicker and allow victims of car wrecks and insurance companies to obtain the reports in a more timely fashion.

Anyone who has attempted to obtain accident reports in the last few years knows how long the delay has been. When the collision is significant enough, it can take months to get the report. Now, the report will be available much more quickly.

This is very important for victims of crashes. The sooner the reports can be obtained, the sooner the investigation can be completed, and the sooner the report can be sent to the insurance carrier so the matter can be resolved. When people are injured and cannot work, it is important to get quick decisions from insurance companies so that they can compensate the victim and help them move on with their lives.

For more information about Alabama automobile accidents, you may visit www.AlabamaAutoAccidents.com. Also, below is a video from the Birmingham News which illustrates the new eCrash system. See State Trooper Wesley Burgett below.

http://videos.al.com/birmingham-news/2009/06/ecrash_program.html

Originally posted at InjuryBoard by Jon Lewis

Steel Coils and Truck Accidents in Alabama

Jon Lewis — Thu, 12 Mar 2009 15:40:26 GMT

The Alabama legislature has finally come together to pass a bill with respect to steel coil loads. There have been numerous incidents where large trucks have lost their steel coil rolls on state highways. In fact, according to a Birmingham News article, the cost of repairs to state roadways are estimated to be $7.5 million. Fortunately, there have been no deaths reported as a result of the approximately 30 coils which have not been properly secured since 1987. That, in and of itself, is an amazing statistic.

Each of these coils can weigh as much as 46,000 pounds, and they can cause significant damage to persons and property. State Representative Paul DeMarco and State Senator Jabo Waggoner introduced the legislation. Both determined that trucking companies were not following Federal DOT Regulations which led to the loss of the loads.

But, coils are not the only problem in Alabama. How many times have you been next to an 18-wheeler on the interestate? Who hasn't had a bad experience with a big rig? WE WANT TO KNOW. Tell us your big rig experience whether it was a near miss, a wreck, or a friend or family member. Give us details. You can describe your experience in the comments to this blog.

Originally posted at InjuryBoard by Jon Lewis

Put Your Money Where Your Mouth Is

Jon Lewis — Sat, 09 Aug 2008 13:10:08 GMT

In today's Birmingham News, there were two letters to the editor. One is entitled, "Follow basic driving rules", and the other is, "Be courteous when driving". Each article discusses driving and safety. Examples: driving the speed limit, don't tailgate, keep your lights on in the rain, don't use your cell phone, and use your turn signals.

What are these individuals really saying? Don't drive negligently. What does that mean? It means that when you drive on the public roadways, you have a duty to others to abide by the rules of the road and to pay attention and not cause "accidents" (it's in quotes because had the person who caused the "accident" been paying attention, the "accident" wouldn't have happened). When you breach that duty, you are responsible for the damages you cause.

Because so many people fail to drive responsibly, we carry insurance on our cars. That way, when we cause these collisions (more proper term than "accidents"), we can afford to compensate the victim who was driving responsibly.

Unfortunately, people like the ones who wrote the letters to the editor don't put their money where their mouth is. When these people sit on juries, they seem to forget these "Basic Driving Rules." That is the way citizens can enforce these driving rules. When jurors render low verdicts, they don't send a message to the public that when you fail to pay attention while you are driving, you will pay a price. Money talks, and people will start to listen if jurors will realize they have the power to affect change.

When people realize that they will be responsible for SIGNIFICANT damages if they cause accidents, they will drive more carefully. When they realize that their insurance rates will increase, they will drive more carefully. As it stands, however, jury verdicts are low. These same people who preach driving safety, do not act accordingly. Next time you sit on a jury in a car "accident" case, put your money where your mouth is, and tell the person, "You need to drive more carefully."

Originally posted at InjuryBoard by Jon Lewis