A Glencoe, Alabama (Calhoun County) car accident was likely caused by a sleeping driver. According to reports, Patrick Hicks and Charles Avery had pulled their vehicle and trailer onto the shoulder of U.S. Highway 431. While Hicks and Avery were standing on the shoulder, a car driven by John Robert Martinez left the roadway and struck the trailer, causing the trailer to strike the two men. Sadly, Mr. Hicks and Mr. Avery lost their lives in this wreck.
As a result of this crash, the families of Mr. Hicks and Mr. Avery each have their own Alabama wrongful death claims against Mr. Martinez. In order to bring such a claim an estate will have to be set up for both Mr. Hicks and Mr. Avery. Further, there is also a likely claim for each ones estate under Alabama uninsured (underinsured) motorist statute. Under these facts, they likely have an uninsured (underinsured) motorist claim for the vehicle they were riding in and any other vehicle in which they are listed as in insured driver. In addition, most uninsured motorist policies provide coverage even if a person is not a named insured if that person “resides” with a relative that has uninsured motorist coverage. Thus, there may be uninsured (underinsured) motorist coverage if either Hicks or Avery lived with a relative that had such coverage. Finally, it would also be important to discover how many vehicles are covered under said policies as Alabama uninsured motorist law allows for stacking of insurance policies.
In, 2008 there were 1,290 car wrecks in Alabama caused by asleep and fatigued drivers. This motor vehicle accident is a tragic reminder that as drivers we have a duty to be alert at all times while on the roadway. As motorists, if we feel that we are fatigued in any way we should immediately pull off the highway so as not to endanger our own lives and the lives of others.