Alabama Personal Injury Blog - wrecks

Money for a Wreck? Fast? Think again!

Jon Lewis — Mon, 31 Aug 2009 08:08:40 GMT

I was working out at the YMCA the other day, and another one of those attorney ads came on the television. The promise? We'll get you money fast for your wreck. Well, I don't know what process they are using, but I do know that our experience shows that proper compensation for your injuries does not come fast.

In this commercial, the firm implies that the process is quick, easy, and simple. That might be true if the case is settled for less than a fair value. Usually, the adjusters for the insurance companies make you prove your case and injuries before they properly evaluate the claim, and even then, they don't always evaluate it properly.

What if the case has to go to court? What does that entail? Well, we have to file a complaint with the court. Once the defendant is served with a copy of the complaint, they will have thirty (30) days to answer in Circuit Court. Once that process is concluded, paper discovery ensues, depositions are taken, a scheduling order is entered, and the case is typically set for trial within 12-18 months (For more information on the process, visit the Lewis, Feldman, Lehane & McAtee, LLC website). Is that fast? Is that quick and easy?

What about issues of subrogation? What is that? If your medical bills are paid by a health insurance company such as BlueCross BlueShield of Alabama, you have to pay them back and potentially negotiate a settlement with them. If Medicare paid your bills, you have to send them a letter and wait for a response. Do you know how long it takes to get a response from Medicare? Think about typical government action and how long that takes.

When attorneys start making promises of quick and easy cash for your injuries, question the process. How familiar are the attorneys with the court system? How many cases have they tried to verdict? How do they define proper compensation? This article is not to denigrate any firms or their attorneys, but to dispel the idea that these cases can be settled for quick and easy cash and provide you with adequate compensation. They CAN be settled for quick and easy cash, but the case will usually be settled for less than fair value.

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

TRAIN DERAILMENTS WREAK HAVOC

Jason Knowles — Fri, 26 Jun 2009 15:59:51 GMT

With so much technology today in our fast-paced world, when I think of trains I think of dinosaurs. We almost forget about the massive machines as they roll through our cities and towns. That is, until you hear about a tragedy, such as the one in Albertville, Alabama recently where a train derailed, killing the conductor. According to an article in The Gadsden Times, dated June 25, 2009, the conductor on a 75-car Alabama-Tennessee River Railroad train was crushed between a tanker and a pile of scrap metal when the train slid off the tracks while dropping tankers at Progress Rail, near Albertville.

I am reminded of the interesting case arising out of North Dakota, where residents of a small North Dakota town have tried to sue Canadian Pacific Railway over a 2002 derailment that sent a cloud of toxic anhydrous ammonia from farm fertilizer over the town. One man died trying to escape the fumes and others were treated at hospitals for eye and lung injuries. The U. S. Supreme Court has recently refused to block the lawsuit. In 2006, a U. S. district judge ruled that federal law protected Canadian Pacific from claims stemming from the derailment. After Congress changed the law the same year, the U.S. Court of Appeals for the 8th Circuit ruled that the claims could proceed.

Train derailment tragedies such as these remind us of the dangers of trains and of the need for greater safety measures in the industry.

Originally posted at InjuryBoard by Jason Knowles

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