Common Injuries Resulting From Motor Vehicle Accidents

Injuries resulting from car accidents are often life-altering and life-threatening and can include traumatic brain injuries, spinal cord injuries, whiplash, bone fractures, paralysis and burn injuries.

Injuries resulting from motor vehicle accidents can be very obvious as in the case of broken bones and bleeding from trauma to soft tissue, but so-called "hidden" injuries that are not visible to the common observer, such as whiplash injuries can have just as devastating an impact on a victim as an obvious injury.

Whiplash refers to an injury to the neck that occurs when a vehicle is hit from behind and the occupants head and neck are suddenly jerked forward and then backward from the impact. The symptoms of whiplash include headache, pain, soreness and tenderness, swelling and muscle spasms.
An injury to the spinal cord can have life-long consequences such as chronic pain or paralysis. The physical and emotional costs of motor vehicle accident injuries are immeasurable.

If you were injured in a motor vehicle accident you could be eligible for financial compensation for the damages you have suffered such as medical expenses, loss of income and future earning potential and your pain and suffering and any other expenses you incurred as a result of the accident. -Greg Harrelson (205)912-8251Blankenship Harrelson, LLP

Getting the Most from UM Coverage

In Alabama , UM coverage (underinsured/uninsured motorist) is stackable up to three vehicles per policy of insurance. If you have more than one policy, then you can stack up to a maximum of three vehicles for each policy. However, you do not have to be a named insured on a policy to be a covered person for UM purposes under that policy.

For example, you are by definition a covered person under the policy of insurance for any vehicle in which you are either a driver or passenger. Another example is household residence, making you a covered person by definition for any vehicle insured by a household resident.  -Greg Harrelson (205)912-8251

What If You Are Injured But Do Not Have Health Insurance?

If you have been injured in an automobile accident you will likely need medical attention. What if you do not have health insurance? Even if you do not have health insurance you should go to the emergency room immediately following your accident. Most hospitals have payment programs if you do not have the money to pay. Hospitals will also typically work with you on a reduction of your medical bill.

Another way to get medical attention is through an attorney. An attorney can get appointments for you with certain doctors by providing the doctor with a Letter of Protection. A Letter of Protection is a guarantee from the patient and attorney to pay the doctor out of the settlement proceeds. When in doubt you can always find treatment at the emergency room. Most emergency rooms will even provide you with a doctor who will perform follow up care.  -Patrick Kenerly (205)912-8245
Blankenship Harrelson, LLP

Why Injury Victims Should Not Give Recorded Statements

If you have ever been injured in a motor vehicle accident you have probably been asked to give a recorded statement. As a victim in a motor vehicle accident you should not give a statement to the insurance company. Why? Insurance adjusters are highly trained at asking certain misleading questions. Once you go on the record as to how certain events occurred it is hard to make any changes. What if you don’t remember everything? Accidents usually happen within a blink of the eye. The insurance adjuster expects you to recall the exact events of the collision, and if you can’t recall certain facts, they use it against you.

Before giving a recorded statement to the insurance company you should always contact an attorney who is knowledgeable in that area of law. Remember, once you go on the record with a recorded statement it can always be used against you.  Pbk (205)912-8245

18 Wheelers Have Rules in Place to Protect Us All

In 2009 there were reportedly 3,200 deaths in accidents involving big trucks. As much as one-third of all commercial motor vehicle crashes are due to fatigue, according to the NTSB. In order to try and prevent crashes caused by fatigue, rules and regulations are in place which limit the amount of time a driver can spend behind the wheel.

Even though regulations exist, companies routinely push their drivers to exceed their driving hour limits in order to increase productivity and profits. If you have been injured by a commercial vehicle, you should contact an attorney to review your case. GDH (205)912-8251

Thirteen Year Old Child Cannot Be Held Contributory Negligent in Motor Vehicle Accident

In Alabama most children thirteen years and younger cannot be held liable for accidents they are involved in. Unfortunately, young children are often struck as pedestrians by motor vehicles. If you believe your child may be at fault for running out in front of a vehicle, you need to check the facts. The driver’s speed, weather conditions and other factors may determine the outcome of your case. A child may recover against another party if it can be shown that the other party is at least 1% at fault If your young child has been injured by another party it is important that you contact an attorney to review your individual case. Pbk (205)912-8245

What Are Your Options If You Are Injured By A Water Craft?

There are numerous waterways in Alabama. They reach from the Tennessee Valley all the way to Mobile Bay and Orange Beach. What happens if you are injured by someone who negligently operates their water craft? Water crafts have liability insurance policies just like your motor vehicle.

Each holiday there are multiple reports of boating accidents. Many occur at night, but they also occur during the day. It was reported that two boats collided on Lake Martin over the July Fourth weekend. Multiple people were flown by helicopter to local hospitals with life threatening injuries. Authorities say that alcohol played a major role in the boating accident.

Accidents that occur on waterways can be very difficult to determine fault. There are rules that must be followed when driving a boat just like rules for motor vehicles. If you have been injured in a boating accident you should contact an attorney to help with your case. Pbk (205)912-8245

Car Wrecks Involving Soft Tissue Injuries

Have you ever experienced a day of yard work or heavy lifting and realized a few days later that you injured yourself? The same concept relates to car wrecks. Whether it is a low impact collision or a violent collision, your body produces adrenalin as a protective measure to relieve trauma. Often times an individual fails to realize he or she is injured after a car wreck. It is important to seek medical attention immediately following a motor vehicle collision.

The first responders to an automobile accident are typically the police. When they arrive they will ask you if you are in need of an ambulance. It is always better to be on the safe side and have an EMT check you out after a car wreck. Often times neck and back injuries are due to the sprang and strain of muscles, but it can be much more serious. Neck and back pain from an automobile collision can be caused by bulge discs, disc protrusions, or even herniated discs.

Remember, your body does not always recognize right away that it is injured. Car crash injuries can be very complex and tricky. When in doubt you should always seek medical treatment from an emergency room or family physician. Pbk (205)912-8245

Claims Involving Single Vehicle Accidents

Do you have a claim if you have been injured in a single vehicle accident? Yes, you should always contact your insurance company after an accident. Most insurance policies have a coverage to pay for your medical bills. The coverage for medical bills varies from policy to policy.

You may also have a claim against the manufacturer of your vehicle or vehicle parts. Single vehicle accidents are not always the fault of the driver. What if you have a tire malfunction? There have been thousands of claims against tire manufactures for faulty tires.

What if the accident is your fault, but your seatbelt fails? A federal court jury returned a $19 million dollar verdict against Ford Motor Company for the failure of their seatbelts in a 1998 Ford Windstar. In this particular case it was determined that there was a design defect within the buckle of the restraint system. Luckily the Plaintiff’s in this case contacted an attorney to preserve evidence. pbk (205)912-8245

What If You Are Injured By Someone Who Does Not Have Insurance?

In the state of Alabama it is against the law to operate a motor vehicle without liability insurance. According to the Insurance Research Council (IRC), 13.8% of all motor vehicles in the United States have no liability insurance. What happens if you are injured by one of these vehicles?

In Alabama you carry on your own automobile insurance what is known as Uninsured Motorist Coverage (UM). This is an automatic coverage on all motor vehicles insured in Alabama. Basically, you pay a small premium to cover yourself and others in the event you are injured by an uninsured motorist. You don’t even have to be injured in your own vehicle to use this coverage. Remember, you pay an additional premium for this coverage, so use it. PBK (205)912-8245

Trauma and Perception

A friend called me from the scene of a crash recently. He called more as a friend than as a lawyer. He said that he had run a red light and been hit by a truck. He was ultimately taken to the hospital by ambulance. My advice to him was not to make any comment at the scene, not to admit fault and not to apologize. This advice was not based so much in the law (although it would be good legal advice). Rather, it was based on numerous investigations I have participated in after a traumatic event.

In the purest sense, perception is impacted by trauma. People often recall that "time slowed down" or that "all I could see was ....". Adreneline rushes into the bloodstream and such that catastrophically injuried people don't feel pain or don't feel it as intensley. People with compound fractures or other obvious wounds say that they are o.k.

In the not so purse sense, other drivers or witnesses may rush to distort what happened in an attempt to get your agreement or acquiecense. The best policy is not to comment until you have had time to appreciate what really happened.

In my friend's case, the other driver admitted to running the red light and several witnesses supported that he, in fact, did. It seemed to my friend that he had run the red light when, in truth, he did not. There is usually an opportunity to right a wrong or even apologize AFTER you have had time to investigate and know what really happened. Rushing to accept blame too early is almost always a mistake. blb (205)912-8248

If I Was In An Accident, Do I Need A Lawyer?

There are all those advertisements by lawyers on television that say you must have a lawyer to protect your rights. Then there is the insurance company that is handling your claim that insists that they are doing everything necessary for you. Who do you believe?

It should never hurt you to consult an attorney. Many law firms, such as ours, will meet with you and even make initial consultations at no cost to you.  It is a good idea to at least consult with a reputable attorney to make sure that you are informed about your legal rights and duties. The law changes every day and a lawyer should be able to inform you. Insurance companies will certainly tell you about changes in the law that benefit them, but they do not have a duty to inform you of your rights.

What to do in an 18 wheeler crash:

Crashes involving big trucks or commercial vehicles are complex and an attorney should be retained immediately. The responsibilities of the vehicle owner and driver must be analyzed under both federal and state laws, regulations, rules and ordinances. The applicable laws, regulations, rules and ordinances will depend on where the crash happened, where the company has a principle place of business and where the driver lives.

In addition to this analysis, some of the things your attorney may help you with are:

Document the scene of the accident
The best way to do this is by video as quickly as possible. The video should show the scene of the crash from every angle paying particular attention to road conditions, tire marks, gouges in the road surface, strike impressions (these often wear off over time), traffic signals (and controls) drop off, the vehicles, etc. A video from the dash of a comparable vehicle approximating the speed at the point of impact is sometimes pivotal. Photographs will ultimately be needed for presentation.

Interview witnesses
Again, if the witness will agree, the best way to do this is by video.

Secure the vehicles
Many claims require that the vehicle be kept in the crashed condition. If the vehicle is repaired or destroyed before the claim is resolved, the claim may be lost.

Get the records
Determine the driver’s history, the company’s Department of Transportation compliance history, insurance information, incident reports, "black box" data, 911 tapes, etc.

Retain experts
Make an early determination concerning the experts that will be needed to make your claim. For example, biotechnical engineers, accident reconstruction engineers and safety experts are common in these cases.

The work up of cases involving big trucks and commercial vehicles is more urgent than most cases. Many companies have teams on call to respond when their trucks or vehicles are involved in a crash. Often, these teams are working up the scene before the vehicles are towed from the scene or while the injured people are treated. A delay of even a day before you retain an attorney gives them a distinct advantage.

If you have been injured in a trucking crash, we welcome the opportunity to work with you. (205)912-8248