lannyvines.com

The Federal Motor Carriers Safety Administration and the National Highway Traffic Safety Administration carried out a “Large Truck Crash Causation Study” from examination of 967 large truck accidents, which occurred between April 2001 and December 2003. Injuries or fatalities were sustained in all of the sample accidents. In 23 percent of the large truck accidents and crashes, there was at least one fatality. Incapacitating injuries were suffered in 28 percent of the accidents and non-incapacitating injuries were sustained in 38 percent of the collisions. One-quarter of these accidents were single-vehicle, involving only the large truck or an inanimate object. One-half of the crashes involved the large truck and one other vehicle and the remaining 25 percent involved two or more vehicles. The large truck configuration that was involved in the vast majority of the collisions, 62.2 percent, was a tractor pulling a semi-trailer. The three major crash types, which involved large trucks were, rear-end collisions, ran off the road/lane and sideswipe while traveling in the same direction. Other crash types are rollovers, turning across or into path of another vehicle, colliding with intersecting vehicles in straight paths, side swipes while traveling in the opposite direction, and head-on collisions. The reasons for driver error contributing to large truck accidents, listed in descending order, are: prescription drug use; traveling too fast for the conditions; unfamiliarity with the road; over-the-counter drug use; inadequate vigilance; fatigue; distractions outside of the truck; inadequate evasive maneuvers; aggressive driving; unfamiliarity with the large truck; following too closely and making assumptions about other driver’s actions. Other driver factors leading to large truck accidents are cargo shifting, load securement, and unrealistic expectations of drivers by motor carriers. The largest single factor for equipment malfunction leading to a truck accident was brake failure or maladjustment with nearly one-third of the accidents occurring for this reason. Environmental factors that influence the probability of a large truck accident are weather, traffic flow interruption, and roadway conditions. To learn more about nursing home abuse lawsuits, premises liability lawsuits, car accident and auto accident lawsuits, wrongful death lawsuits, and medical malpractice lawsuits, it is important to speak with Birmingham, Alabama personal injury attorney Lanny Vines.

A wrongful death lawsuit is a civil court action brought by survivors of the deceased against a person or corporation whose negligence or intentional act caused the death. It is a separate lawsuit from any criminal charges the responsible party may face in connection with the death. A well-known example is the case of O.J. Simpson who was acquitted of murder in a criminal proceeding, but found responsible in a civil wrongful death lawsuit brought by his ex-wife’s and Ron Goldman’s families. In situations where a corporation, such as a tobacco company, is the cause of the wrongful death, criminal charges cannot be brought. A wrongful death lawsuit is the only option for the deceased’s family to be awarded restitution. Each state has unique wrongful death statutes, but they generally outline who is entitled to bring a wrongful death lawsuit. Wrongful death statutes were originally brought into being to provide compensation for spouses and dependent children of a person whose death was caused by another’s negligence or actions. They are also intended as incentive to conduct one’s self is such a manner as not to cause the death of another. A wrongful death lawsuit is based on four principles. Firstly, the Defendant caused the death of the deceased. Secondly, the Defendant was negligent or willfully caused the death. Thirdly, the deceased left behind a spouse, children, dependents, or parents. And fourthly, the death of the deceased caused financial losses for the spouse, children, dependents, or parents. While parents of a minor child may file a wrongful death lawsuit, a fetus does not have legal status and parents may not file a wrongful death lawsuit for a child in utero. There must be a preponderance of evidence for a wrongful death lawsuit to be successful. Damages, which may be awarded in a wrongful death lawsuit, include loss of earnings, loss of companionship, grief, loss of guidance, and medical, funeral, and legal expenses. Parents of children may claim for loss of future financial support from that child. A wrongful death lawsuit must be filed within a specific period of time after the death of the decedent dependent on state statutes and whether the Defendant is a person, corporation or government body. To learn more about nursing home abuse lawsuits, premises liability lawsuits, car accident and auto accident lawsuits, personal injury lawsuits, truck accident and motorcycle accident lawsuits, and medical malpractice lawsuits, it is important to speak with Birmingham, Alabama wrongful death lawyer Lanny Vines.

Every year, millions of car accident in the United States cause injury or death. Because most people will be involved in some type of car accident in their lifetime, auto accidents affect everyone. People suffer from emotional distress due to the loss of loved ones from auto accidents.  Thousands of people are left with lifelong disabilities due to car accidents, such as traumatic brain injuries and paralysis. In 2005, there were approximately 6.4 million car accidents nationwide. In the same year, 2.9 million people suffered injuries and almost 43,000 were killed. On average, 115 people are killed in auto accidents every day in the United States. Approximately 68 percent of those victims are men. The financial strife that people experience due to car accidents is also overwhelming. In 2005, the estimated financial cost of auto accidents topped $230 billion. Often, these costs are paid out-of-pocket as fewer people are able to afford auto insurance. Most often, auto accidents are caused by negligent driving, driver intoxication, vehicle malfunction, or poor driving conditions. Statistics indicate the young adults--ages 16-25--are the most negligent drivers, causing the majority of auto accidents due to negligent and reckless driving behavior. Driver intoxication is also a major contributor to car accidents in the United States. According to the Fatality Analysis Reporting System Encyclopedia (FARS), in 2007, 32 percent of daily auto accidents day involved alcohol-impaired driving. Most fatalities occur in automobiles; however, motorcyclists and pedestrians claim a starting number of deaths. In 2007, approximately 30,000 people were killed in vehicles and 5,100 on motorcycles. In that same year, 5,500 non-motorists, including pedestrians and bicyclists, were killed due to car accidents. Other conditions contribute to fatalities in car accidents as well, including bad weather. In 2007, over 1600 car accidents occurred during rain, snow, or sleet conditions during daylight hours. Surprisingly, the majority of fatalities occurred when weather conditions were normal, and during daylight hours. In 2007, over 18,000 people died in such conditions. To learn more about nursing home abuse lawsuits, premises liability lawsuits, wrongful death lawsuits, personal injury lawsuits, truck accident and motorcycle accident lawsuits, birth injury lawsuits, and medical malpractice lawsuits, it is important to speak with Birmingham, Alabama personal injury attorney Lanny Vines.

Losing a loved one is never easy, but losing a loved one through the negligence or deliberate violence of another person is absolutely intolerable. The close family of a person whose death is the direct result of the deliberate or grossly negligent actions of another person can file a wrongful death lawsuit. While no amount of money can replace the person who has died or console the hearts of those who loved that person, many people find a wrongful death lawsuit brings them peace by punishing the killer and getting a court to acknowledge that this person is legally responsible for the death of the victim. The reasons that people file a wrongful death lawsuit are varied, but many times a murder conviction is much more difficult to get due to the fact that a person must be found guilty "beyond a reasonable doubt". Getting a win in a wrongful death suit leaves this reasonable doubt aspect out and is therefore easier to prove. Money is rarely the motivation for filing a wrongful death lawsuit, although the judgments may be very large. This is usually due to punitive damages being assessed as well as helping to compensate the family for actual financial losses (i.e. the main bread winner is killed and can no longer provide for the family). Oftentimes family members will start a foundation to honor the memory of their loved one and to help improve the lives of others in addition to paying for the expenses associated with the death and burial of their loved one and legal costs. It is important to hire a lawyer who is experienced in wrongful death lawsuits in order to ensure a good outcome for your case. It should be noted that there are many subtle nuances to wrongful death law that only an attorney with experience will understand. To learn more about nursing home abuse lawsuits, premises liability lawsuits, car accident and auto accident lawsuits, personal injury lawsuits, truck accident and motorcycle accident lawsuits, and medical malpractice lawsuits, it is important to speak with Alabama wrongful death lawyer Lanny Vines.

The purpose of a product liability lawsuit is to protect the rights and provide compensation for someone who has been caused harm by a product, food, or service they used or consumed. A person has every right to believe and to expect that products they purchase will be safe for them to use, that foods they purchase will not contain harmful substances, and that services they purchase will be performed in such a way that keeps them and their property safe from harm. When products, foods and services fail to meet basic safety standards and cause harm to people and/or their property, they have the right to just compensation under the law. A product liability lawsuit is a type of personal injury lawsuit in that compensation is sought for injuries and damages that are caused by another, but in the cause of product liability the plaintiff does not have the burden of proof to show that the defendant's negligence caused their injury, they only have to prove that their injury was caused by the product. Therefore, these lawsuits are much easier to prove and win for the plaintiff. There are many types of products that product liability law applies to including: medication and prescription drugs, foods and beverages, children's toys and clothing, medical devices, automobiles and their parts, kitchen appliances and other devices, electronics and so on. If you or a loved one has been caused harm by a product or food, it would be a good idea to contact an Alabama personal injury lawyer or Birmingham, Alabama wrongful death lawyer for legal advice. Most often you can get a free consultation where the attorney will be able to tell you whether or not you have a case and how to proceed. It is an excellent idea to always save your sales receipts and to save any product packaging if a product has caused you harm because you may need these for evidence in addition to your doctor's statements and any other things your lawyer tells you. For legal information on car and auto accident lawsuits, nursing home abuse lawsuits, medical malpractice lawsuits, and premises liability lawsuits, it is important to speak with Alabama personal injury attorney Lanny Vines.

The owner or occupant of a property has specific responsibilities when it comes to maintaining safe conditions or to warn of an unsafe condition. Premises liability is the area of law that deals with these responsibilities. What follows is answers to some of the most frequently asked questions about premises liability lawsuits.

What is premises liability?

Premises liability is the area of law that determines the responsibilities of a property owner for any injuries suffered by others while on the property. It includes the circumstances that arise while a person is in the home or at another’s place of business.

What obligations does a property owner have when it comes to the safety of their premises?

The person, company, or government entity that controls the property has a duty to maintain the property and keep the property in a safe condition for people who enter onto the property.

What is the most common claim for premises liability?

Slip and fall accidents are generally the most common type of premises liability claim. The term slip and fall refers to a situation in which you slip, trip, or fall and are seriously injured in such places as the mall, store, or other location.

Is there a time limit to file a claim for premises liability?

Yes. Each state has a specific deadline, called a statute of limitations, which dictate how much time you have after the injury to file a premises liability lawsuit. If the statute of limitations expires, your right to pursue a premises liability lawsuit will be forever barred.

What kind of damages can I recover in a premises liability lawsuit?

Generally there are two types of damages; economic and non-economic. Economic damages may include medical expenses, loss of income and/or earning capacity, hospitalization and treatment, etc.  Non-economic damages can include pain and suffering, mental anguish, physical impairment or disability, disfigurement, etc.

What is causation in a premises liability lawsuit?

Causation means that if you are injured you must be able to establish a direct connection between the negligent acts of the property owner and the injuries you suffered and the damages you claim to have.

How do I know if I have a valid premises liability lawsuit?

The only way to know for sure is to discuss the matter with an experienced premises liability attorney. They can evaluate your case to see if you have a good claim for damages. Also, make sure you continue to see your doctor. Medical records that were created immediately after the accident into the present, can be valuable evidence in your premises liability lawsuit. To learn more about your legal rights in following a serious injury, it is important to speak with skilled truck accident and motorcycle accident lawyers, an auto accident lawyer, a car accident lawyer, a product liability attorney, a medical malpractice lawyer, a wrongful death attorney, or Alabama personal injury attorney to discuss the details of your case.

There are over 6 million car accidents in the United States every year. That translates into a car accident once every 14 seconds. Out of those 6 million accidents, over 2 million result in serious injury or death. The really sad part is that the majority of those accidents could have been prevented. We understand that a car accident can be upsetting and scary. Below is a list of the most common causes of auto accidents in the United States.

Distracted Drivers

A recent study by Prevention magazine showed that driving while talking on a cell phone more than quadruples the risk of being involved in a car accident. There are many other distractions such as looking at the scenery, gawking at another accident, adjusting the radio, attending to other passengers or children, and reading a newspaper, book, or other document.

Driver Fatigue

Tired drivers cause over 100,000 accidents per year in the United States. According to the U.S. National Traffic Safety Administration, the risk of being involved in a car accident with a drowsy driver increase dramatically between the hours of 11 p.m. to 8 a.m. with the hours of noon to 2 p.m. coming in a close second. When you’re on the road watch for vehicles that wander over the road lines and/or vary their speed for no apparent reason.

Drunk Driving

Over 16,000 people are killed in alcohol related accidents every year on the highways and byways of American roads. Drunk drivers are responsible for almost 30 percent of all fatal car accidents during the week, and approximately 53 percent of all fatal car accidents on the weekends.

Speeding

Speeding is a double-edged sword. Not only does it reduce the amount of time necessary to avoid a crash, but also increases the risk of serious injury or death in a car accident.

Aggressive Driving

Anyone who drives a car in a selfish, bold, or pushy manner without regard to the safety of others can be considered an aggressive driver. Aggressive drivers exhibit such behaviors as tailgating, rude gestures, verbal abuse, changing lanes frequently and with no regard for safety, failure to yield the right of way, and preventing another driver from moving their vehicle. If you notice an aggressive driver on the roads, and feel the situation is serious, call 911 to report the driver to the police.

Weather

Rain, hailstorms, snowstorms, and ice make driving difficult and are the cause of many accidents in the United States. To try to avoid accidents in bad driving conditions, leave more room between you and the car in front of you and slow down. If you have to drive in inclement weather, take your time and avoid anything that could distract you from driving. To learn more about your legal rights in a motor vehicle accident or other serious injury, it is important to speak with skilled truck accident and motorcycle accident lawyers, a product liability attorney, a medical malpractice lawyer, a wrongful death attorney, or Alabama personal injury attorney to discuss the details of your case.

Premises liability law, commonly referred to as slip-and-fall law, is an area of personal injury litigation dedicated to the protection of people harmed through no fault of their own on another person’s property. The injury may be the cause of unsafe conditions such as a wet floor with no warning, faulty machinery like a broken escalator, or even a defective product on the property such as a broken swing. Property owners, business owners, and business managers are legally obligated to ensure the safety of all visitors and patrons. When they fail or are negligent in this obligation, victims may recover compensation for such damages as lost wages, medical bills, and pain and suffering. Premises liability law is based on the concept of strict liability, which means that the property or business owner is always responsible for the safety of visitors and clients. In order to construct a successful premises liability claim, the plaintiff must prove one of the following three points:

• The owner of the property created or allowed the condition that led to injury
• The owner or employees knew of a danger and failed rectify the threat or to warn visitors
• The dangerous situation or condition was evident for long enough that a responsible and reasonable person could have fixed it

Even if a business or property owner is unaware of the plaintiff’s presence on the property in question, he or she may be liable for all injuries unless the visitor can be proven to be trespassing. In some cases, the victim may be proven to be partially at fault for his or her injuries. When this happens, a settlement may be adjusted to reflect the victim’s role in the injury. Proving a premises liability case may be difficult. Victims’ injuries need to be clearly documented through medical records and/or testimony from witnesses, and the owner or proprietor of the site where the injury occurred must be found responsible for the injury or causes thereof. In premises liability disputes, it is important that victims retain the counsel of an aggressive attorney who can defend their claim and work to recover the maximum compensation allowed by the law. To speak with a skilled car accident lawyer, medical malpractice lawyer, product liability lawyer, or wrongful death attorney, it is of the utmost importance to speak with a skilled Birmingham, Alabama personal injury attorney for more information.

The crashworthiness of a vehicle is the ability the vehicle has to keep you safe in case of an accident. Crashworthiness is tested and retested to ensure the safety of the passengers in the event of an accident. There are several centers located across the country that investigate crashworthiness and help to not only reduce fatalities and injury but also help increase safety on the roadways. They accomplish this by becoming as knowledgeable as possible about crashes, sharing their information with auto manufacturers and using computer simulated machinery to learn about causes of accidents and vehicle response. Although crashworthiness relates to vehicle safety, it is important to understand that they are not the same. The safety afforded by a vehicle depends both on crashworthiness and accident avoidance features. Accident avoidance features include but are not limited to ABS, good handling characteristics, or even oversize tires. These two concepts are so frequently confused that often the crashworthiness of the vehicle is under suspicion. It is conceivable that one vehicle might be safer statistically than another and still have a significant crashworthiness defect. It's even possible that the vehicle could even be less crashworthy overall while still being a safer vehicle. Crashworthiness features can include such things as seat belts, side air bags, head rests, and interior padding. All of these features have been available since the 1970's but not all vehicles have them and even if they do, there is no guarantee that they are in working order. Crashworthiness features are based on detailed testing and investigation. It should be noted, though, that they will not protect all victims in the case of an accident that is less than common or even one that is common. As standards increase vehicle safety will increase and safety on the roads will in turn increase. For more information on motor vehicle accidents and crashworthiness, we encourage you to browse our frequently asked questions on crashworthiness. It is imperative that you speak with a skilled car accident lawyer, truck and motorcycle accident lawyers, or product liability attorney. It is in your best interest to speak with our Birmingham, Alabama personal injury attorney.

Most accidents cause relatively minor injuries, and people recover quickly with no lasting effects. A few aspirin and perhaps a visit to the doctor just to double check everything and the accident can be forgotten--except for perhaps being a little more cautious next time you are in the same situation. Not all accidents are that minor, unfortunately. Under certain circumstances, someone who is injured at the hospital, at a place of business, in a car accident, or even at home has grounds for a personal injury lawsuit.

When should you consider filing personal injury lawsuits?

You are protected if you are injured by another person’s negligence, malpractice, or intentional wrongdoing. Car accidents are often caused by one party’s negligence, especially driver inattention or alcohol-related accidents.

How soon after the injury do I have to get the paperwork started?

You must file a suit within a reasonable amount of time after an accident or injury. This is called a statute of limitation, and each state’s laws vary about how long you have to file a suit or to press charges. The countdown for filing a lawsuit for a personal injury claim usually begins on the day of the accident. However, under some circumstances, the countdown begins when the person who was injured discovers the injury or connects the dots to figure out the cause. If one of the parties in the suit is under 18, the statute of limitations may not begin to count down until that person turns 18. Consult with an attorney familiar with the laws in your state to learn about the statute of limitations for your situation. Your attorney should be experienced in personal injury lawsuits if you are considering filing a suit. Many attorneys specialize in a particular type of claim and will help you navigate the confusing legal process to get you the compensation you deserve. If you need to speak with a skilled car accident lawyer, medical malpractice attorney, product liability attorney, or wrongful death attorney, we urge you to speak with our Birmingham, Alabama personal injury attorney for legal counsel.

Under premises liability laws, all property owners are responsible to ensure the safety of visitors to their property. This applies not only to maintaining a safe home environment for visitors and children, but also ensuring that public buildings and venues are safe for shoppers and patrons. While not every slip and fall incident is the result of negligence on the part of a property owner, a number of such injuries may be attributed to unsafe conditions that could have been avoided. A talented premises liability lawyer may use one or more of the following reasons to establish a premises liability claim.

Failure to Post Adequate Warnings

A good example of this is a “Slippery When Wet” sign commonly seen on wet floors

Negligent Security

Sufficient security personnel should be evident where necessary, as well as safety lighting and other precautions.

Uneven or Slippery Walking Surfaces

This could include anything from a cracked sidewalk, ice on steps, or a floor on which a spill was not tended to in time to prevent injury.

Workplace Injuries

Employers are legally responsible to ensure a safe workplace environment at all times, and can be held accountable under strict liability laws if they fail to do so.

Unsafe Roadways

Roads that are not regularly tended to or can be found to be unsafe for drivers and/or passengers.

Animal Attacks

Animal owners are responsible for injuries inflicted by their pets, even when the pet is on their own property.

Accidental Drowning

Pool owners are always responsible to ensure that the area surrounding their pool is as safe as possible for visitors, whether they have been invited or not. Premises liability laws are very complex; both to protect innocent victims and to protect property owners who may be victimized by faulty claims. As a result of this complexity, many victims become confused by the legal process and with interactions with insurance companies and may be led to accept settlements smaller than what they are due. An experienced slip and fall lawyer can help victims and their families collect data and testimony to prove negligence on the part of an owner, and can see that victims are fully compensated for their damages. To speak more about these cases or to schedule an legal consultation with a wrongful death attorney, product liability attorney, car accident lawyer, or medical malpractice attorney, it is best to meet with our Birmingham, Alabama personal injury attorney.