Car Accident

Pedestrian Fatalities Continue To Climb

March 2, 2018 by Morris Lilienthal

In 2017, roughly 6,000 pedestrians died in automobile crashes, a figure that is up about 9% from the two previous years, according to a recent article in USA Today. A primary reason for the upswing in these fatalities is attributable to distractions, both inside and outside of the vehicle. Experts quoted in the article link the proliferation of technology, such as touch screens and smartphones, with increased distracted walking and driving, which in turn results in more pedestrian crashes and deaths.

Alabama is one of 46 states to have a direct law prohibiting texting while driving, but do lawmakers need to consider a prohibition on texting while walking? According to the article, distracted pedestrians are just as much to blame for the crashes as drivers are. The small city of Montclair, California passed an ordinance prohibiting the use of a cell phone or headphones while crossing the street. Honolulu, Hawaii has a similar ordinance in place for pedestrians as well. You can find a lot of other useful and interesting information on distracted pedestrians from our previous blog piece, here and general information on pedestrian accidents.

Exploding Gas Tank Leads to Another Lawsuit for Chrysler

November 14, 2017 by Morris Lilienthal

Fiat-Chrysler is facing a hefty lawsuit in Georgia stemming from the death of a thirty-two year old woman who was incinerated after the gas tank in her 1996 Jeep Cherokee exploded after a collision. The woman was hit from behind while waiting to make a left turn. Upon impact, her trailer hitch was jammed into her vehicle’s gas tank allowing gas to seep out.

The lawsuit alleges that Chrysler has known for a number of years that a gas tank positioned behind the rear axle posed a risk of explosion and that Chrysler failed to do anything to correct the problem. In the subject vehicles, the gas tank hangs below the rear bumper, which can be perilous in rear-end collisions. The exploding gas tanks have caused some to refer to the defective vehicles as this generation’s Ford Pinto.

Another Georgia case – in which the jury awarded $150 million against Chrysler – is currently pending before the Georgia Supreme Court. That verdict, however, was reduced to $40 million. In that case, a 4-year old boy died in a vehicle fire after his Jeep vehicle was hit from behind. The Plaintiff’s lawyers called the vehicle indefensible. The verdict consisted of $30 million for wrongful death and $10 million for pain and suffering. Alabama’s wrongful death statute is peculiar in that it only allows punitive damages and not compensatory damages.

Tips for Being a Defensive Driver

October 1, 2017 by Morris Lilienthal

Defensive driving is the practice of anticipating the dangers associated with driving, watching out for mistakes of other drivers and consciously looking for ways to avoid accidents. By becoming a defensive driver, you can learn to anticipate and react when another driver makes a mistake behind the wheel. Take a look at our infographic to learn more and contact the experienced personal injury attorneys at Martinson & Beason if you or a family member have been involved in a car accident.

Click on the image below to view the full infographic

Click to view the full infographic

Madison County Car Accident with Drunk Uninsured Driver Reaches Settlement

August 16, 2017 by Morris Lilienthal

Top-rated Huntsville personal injury attorney Morris Lilienthal recently resolved a car accident claim on behalf of a family that was struck by drunk driver while traveling on US Highway 72. The wreck occurred when the drunk driver pulled out from an intersecting road striking the passenger side of our client’s SUV.

Our investigation revealed the at-fault driver had been drinking at his son’s house where he’d consumed more than 12 Busch Beers. Due to his intoxicated state, the drunk driver failed to yield the right of way by pulling out on to US 72 causing this accident. Following the crash, our clients were all transported by ambulance (HEMSI) to Huntsville Hospital.

As is often the case, the drunk driver was a repeat offender that did not have any automobile insurance. Our background search revealed he didn’t have any assets to pay a judgment. As such, we then considered available uninsured motorist coverage. In this case, our clients were a husband and wife and the father of the husband. It should be noted the father did not reside with the son and daughter-in-law. The plaintiffs’ SUV was insured with State Farm so we opened an uninsured motorist claim with State Farm for all 3 claims.

The Number of Car Accidents in the US on the Rise

July 6, 2017 by Morris Lilienthal

Across the country, there have been an increase in car accidents and fatalities caused by car accidents. According to the Chicago Tribune, a new study was released that attempts to link the legalization of marijuana to the increase in accidents in states that have allowed for recreational use of the drug. The results of this study by the Highway Loss Data Institute claim that there has been a 2.7% increase in car accidents in Oregon, Washington, and Colorado since they legalized marijuana.

However, many skeptics of this study indicate that the study did not consider other factors that could have led to this spike in accidents, such as the increase in the number of vehicles on the roads in those states. In fact, other research has established that behaviors such as distracted driving are bigger factors in the increase of crashes nationwide. [Read more…] about The Number of Car Accidents in the US on the Rise

Is Your Car Accident Claim Barred by the Alabama Guest Passenger Statute?

May 23, 2017 by Morris Lilienthal

Let’s say your friend is giving you a ride to dinner and you are severely injured in an accident due to your friend’s negligence in carelessly failing to yield the right of way. Believe it or not, your friend is not liable to you for your injuries due to the Alabama Guest Passenger Statute. Many are surprised to learn that under the law, a passenger cannot sue his or her driver for injuries caused by the driver’s negligence because the passenger is classified as a “guest” in the driver’s car. Ala. Code § 32-1-2. If payment is provided to the driver, the rider is instead classified as a passenger, and the statute is inapplicable.

The Alabama Guest Passenger Statute is intended to protect drivers from negligence claims under the rationale that drivers should not be liable when providing rides free of charge to “guests.” Payment does not have to be in dollar form; it can be anything of tangible value provided to compensate the driver for the ride. While the law’s intentions are noble, the practical effect is that drivers are relieved from exercising ordinary care for their passengers. Normally, a driver is responsible after failing to exercise ordinary care such as running a red light or failing to yield the right of way. However, the statute relieves drivers from liability from their guests. [Read more…] about Is Your Car Accident Claim Barred by the Alabama Guest Passenger Statute?