Alabama Personal Injury Blog - SUV

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

Two Dead in Jefferson County Crashes

Jon Lewis — Tue, 30 Jun 2009 09:40:00 GMT

On Saturday, August 27, 2009, the Birmingham News reported two wrecks which killed two people. The first involved a motorcycle and a pickup truck. This occurred on Second Avenue North in Jefferson County, Alabama. According to the News, the pickup truck driver did not see the motorcyclist and turned left in front of him.

How do these happen? Typically, motorcyclists are very careful drivers (not always, but in many cases). The problem, however, is motorists do not see motorcyclists. Given their small size and, many times, dark colors, cars have difficulty seeing them. Usually, the motorcycles have to have their headlight on. I'm not sure about this situation given the story, but what we need to learn from this is people need to be more careful when they are on the roads because motorcyclists and bicyclists have just as much right to the road as cars and trucks.

The second death occurred when a woman was getting her mail in Grayson Valley. An SUV collided with a car, flipped, and hit the woman. This collision happened on Watson Road. The drivers of both vehicles were sixteen years of age. Apparently, the driver of the car didn't see the SUV and pulled out in front of it.

What can we take from this collision? Maybe teenagers need more training before we give them the keys to a car. Many states have differing laws for teenage drivers. Some have to continue their training after getting their license. Some states don't allow teenagers to drive at night. With cell phones and texting proliferating, it is inevitable that teenagers will use poor judgment and use those devices in their cars. How can we stop that? I'm not saying that that was the cause of this fatality, but it is sure to happen in the future, and we need to consider these issues.

Originally posted at InjuryBoard by Jon Lewis

Child Killed in SUV Pedestrian Accident; Family Thanks Attorneys Who Care

Betsy Boggs — Mon, 07 Jul 2008 17:06:50 GMT

The following letter to the editor was written by my sister after the death of her 11-year old grandson who was hit by an SUV in Kissimmee, Florida.

L. Trammell

Douglasville, GA

January 10, 2008

The Gadsden Times
Attention: Letters to the Editor

Dear Editor:

When tragedy struck my family in October of 2007 we turned to the only people we knew could help - lawyers. We all know this day and time that lawyers are not always thought of in a favorable light - some think they’re greedy, some think they’re shady dealers and underhanded, and some just down right don’t like them. But most would agree that they are needed often in our direst, darkest moments.

My sister, Betsy Boggs, and I both work for attorneys, and have for many years. We see a different side of the legal profession than most people do. But in October 2007, our family had an urgent need to get legal advice, and fast. My grandson was killed when he was hit by an SUV when crossing a highway in Kissimmee, Florida. He had exited his school bus that had missed the normal bus stop and was let out with other children down the street from their normal stop. In an instant our world changed. Was anyone at fault: the school bus driver, the person driving the SUV, the school board, the county for not having crosswalks for the children to cross safely? These are all questions we had and we could get no answers. My sister’s firm, Cusimano, Keener, Roberts & Raley in Gadsden, Alabama got involved immediately, and found local lawyers for our family in Florida to help us out and to get us answers.

The firm sent an investigator to Kissimmee immediately to talk with my daughter and her husband, to go to the site, and to interview any and all witnesses. He was compassionate and caring - in how he dealt with the family and the witnesses. He knew he had to act quickly. The investigator went above and beyond his job. He went to where the tragedy occurred - took measurements and video of traffic in the area - especially when children were being picked up and let off the school bus. Everyone in the firm acted immediately to help my family through this tragic, awful event.

It turns out in this situation, there was little insurance. Even though the settlement was very small, it did not affect the caring and compassion of these two firms.

These firms dropped everything they were doing to help my family. They cared--they did all they could to help. You see, an 11 year old child lost his life, a family was grieving and will continue to grieve. These law firms - Cusimano, Keener, Roberts & Raley and Maher, Guiley and Maher helped more than they will ever know. They found us answers. They helped my family find some peace and gave us the best gift they could have given - their compassion, their hearts and blessings. They were not greedy, money hungry lawyers.

So, the next time you need a lawyer please remember not all of them are like what you hear - most are real people, have real families and really do care. Both of these firms proved that to me and I’ll be forever grateful to them.

Very sincerely,

L. Trammell

Originally posted at InjuryBoard by Betsy Boggs