This post is about an out-of-state wrongful death case that has sparked national attention. At the center of the case is a wealthy Florida man who is accused of causing a drunk driving accident and leaving the scene. The victim died, the family sued for wrongful death, and the suspect is apparently doing what he can to protect his money.
]]> ABC News reports that the 48-year-old defendant adopted a new "child" recently. The kicker is that his new adopted daughter is 42 years old, and she's his girlfriend. Sources suspect that the adoption is a way for the defendant to shield more of his assets from the family's wrongful death case, should they be awarded damages.The defendant has trusts created for his children, and that money is protected in the potential circumstance that the court rules in favor of the hit-and-run victim's family. The defendant is worth a reported "several hundred million dollars" but is still worried enough about his bottom line that he would turn to adopting his girlfriend for economic benefit.
Our source does not share any response from the DUI accident victim's family. The adoption has, however, reportedly moved the plaintiffs to challenge the court's prior decision that the trusts for the children be off limits as recoverable assets.
If there is an update in this notable case, we will keep you informed.
Source
ABC News: "Polo Club Founder Adopts Girlfriend Amid Civil Suit Over DUI Death," Christina Ng, Feb. 2, 2012
]]>According to reports, the young man's struggle ended on Sunday, when he died in an Alabama hospital. The once star baseball player couldn't hold up to the damage that was caused when he was hurt in a forklift accident in December.
]]> The accident victim was an avid and reportedly talented baseball player who played the sport from childhood through college. When he wasn't at school or playing baseball, the young man worked in a warehouse at the Alabama state docks. It took one bad day at work for him to become the victim of the serious workplace accident.A forklift hit the young worker and caused him severe injuries, including a crushed pelvis. And the extent of the bodily damage ultimately ended the victim's life. He is survived by a family who loves him, as well as a community that will miss the man whom is said to have been an enthusiastic, hard-working and highly-loved kid.
Our Alabama source doesn't share a lot of details about the workplace accident and why it happened. If it were believed that the forklift accident were preventable, the family of the victim could have reason to move forward with a wrongful death lawsuit. Legal means can help a family seek justice, but they can also help to hold companies accountable for enforcing proper safety standards at the workplace.
Source
Press-Register: "Baldwin baseball standout Dusty Roberts dies a month after state docks accident," Casandra Andrews, Jan. 31, 2012
]]>While danger is expected in the field, a lot of dangers are preventable. Just because people work in construction does not mean that any expectation of safety standards goes out of the window. Officials are investigating whether the construction accident that occurred at a casino construction site this morning was the result of negligence.
]]> Sources report that the accident at the Cincinnati construction site was so large that it took more than 20 fire companies to control the scene. Concrete was being poured this morning when a portion of the building collapsed. Thirteen of the workers at the site sustained workplace injuries, while 10 of the victims needed to be taken to the hospital for further treatment.For those who keep up with construction accidents or who are from Ohio, this story might sound like a little bit of déjà vu. Last month, another accident like today's occurred at a casino under construction in the state. The incident wasn't as serious, but a portion of the building did collapse.
The kicker, and what will likely fuel a more thoughtful investigation into the safety standards at this most recent site, is that the same construction company was responsible for both construction sites. Is it a stroke of bad luck for the company, or is this a pattern that reflects needed safety changes?
Source
Msnbc: "At least 13 hurt in collapse at casino construction site," Jan. 27, 2012
]]>Kids fall. They bump their heads on tables. They fall off of the playground. It is quite common for children to hit their heads. But a severe brain injury should not be ignored. Two recent studies suggest that TBIs in kids can leave them disadvantaged in the areas of cognitive development and long-term mental ability. One bad accident that happens in a mere second can change the trajectory of your child's life.
]]> The studies of children's brain injuries are published in Pediatrics. Though the studies were done independently from each other, they both revealed similar findings: Children who sustained traumatic brain injuries at a young age were more likely to lag behind in their intellectual abilities compared to kids who sustained mild head injuries.The immediate medical attention that a child needs after an accident can be expensive, not to mention stressful on the child and his family. But these studies highlight the larger impact that a brain injury has on a young person's life. In order to try to catch up intellectually, a family would very likely have their child go through special therapy and education sessions. That can cost money, too.
If your child is severely injured in a car accident or as the result of some other form another's recklessness, a personal injury attorney could talk to you about any potential legal options you might have to help you get your child's development back on track and hold a negligent party liable.
Source
CNN Health: "Severe traumatic brain injury affects development in young children," Caitlin Hagan, Jan. 23, 2012
]]>What happens when it's a police officer whom a family believes is responsible for causing harm? An Alabama family blames a Mobile officer for a car accident that took the life of one man and left his wife with a severe brain injury. They have filed a claim, leaving the opportunity open for them to pursue personal injury claims against the officer and potentially the entire police department.
]]> According to sources, the crash took place in July. Six months after the accident, the surviving victim is still in the process of relearning how to do basic things that she could do before the crash caused her brain injury. While she's fighting for recovery, she and her family are also fighting for answers and justice.The family has an attorney who is trying to help them get the information about the accident that they need and deserve in order to move forward. The police department has reportedly not provided a complete, thorough report, according to the personal injury attorney.
Perhaps the filed claim will prompt a more appropriate response, though it sounds like the department is standing by its officer involved with the crash. It's suggested that the couple put themselves in danger by walking in an area of the road without a crosswalk. Also, the department claims that the officer was not driving recklessly at the time of the accident. He is still working on the force.
We will post an update when there is a development in this story.
Source
Fox10tv.com: "Bragg family files damage claim," Andrew Perez, Jan. 19, 2012
]]>This personal injury blog is no stranger to sharing posts about construction workers who sustain workplace injuries. But this post is a bit different, while still highlighting the importance of safety at construction zones. A young boy was involved in an out-of-state accident when he fell into a manhole at a construction site.
]]> According to reports, the boy was running ahead of his parents near an Albuquerque construction area recently when all of the sudden, the parents noticed that the boy went down -- down into a sewer. Basically, a sewage hole was reportedly covered with what the parents believe was inadequate safety measures and when the boy stepped on it, he fell right through.The father immediately followed his son and jumped in the sewage hole after him. The two of them were bathing in sewage water, which is a definite danger within itself, until the wife was able to get her husband and son out. Fortunately, reports don't indicate that the boy or his father sustained any serious injuries in the fall, though the father claims that he has felt sick, likely due to the bacteria in the sewer water.
Since the accident, a different cover has not been added to ensure better security over the manhole. A representative from the construction site says that the cover needs to be easily removable in case of an emergency. To address the safety in the construction area, more patrols have been put around the area who are responsible for preventing accidents involving pedestrians.
Source
KOB-TV: "Father saves son after 10-foot plunge into sewage," Jan. 9, 2012
]]>What's already a tough moment in the day, however, shouldn't have to be a scary one. A fatal Alabama accident that occurred earlier this week is a reminder that safety can't be taken for granted. Accidents happen. Life can be lost, all because of a careless moment behind the wheel.
]]> The Montgomery Advertiser reports that while a 5-year-old boy was waiting at his bus stop on Tuesday morning, a parent's nightmare approached him in the form of a supposedly reckless driver. During the simple act of waiting for his school bus, the child ended up being hit by an SUV and died from his crash injuries.Scarily, he wasn't the only child at the bus stop. But he was the only one to sustain injuries in the wreck. Of course, the community he has left behind is suffering in the form of mourning its loss, and students at the boy's school have counseling available to them.
But beyond the shock and sadness, the pursuit of justice must move forward. Authorities continue to investigate the accident and will confirm whether the driver of the SUV was driving under the influence of alcohol. Depending on what the investigation reveals, criminal charges could result from the incident, but so could a wrongful death lawsuit if the family feels that is what's right.
Source
The Montgomery Advertiser: "Charges expected in Wetumpka child's death," Marty Roney, Jan. 11, 2012
]]>A recent AAA study looked at more than the frustration of traffic, but it looked at the cost of traffic, as well. Sure, there's the cost of time, but there is actually a financial cost to society as a result of congestion. The study also looked at how much society spends on car accidents and uses the number to emphasize the continued need to improve traffic safety.
]]> According to the research, congestion and car accidents cost society the following:Researchers found the annual cost of traffic accidents by adding up the costs of the various work and losses that result from wrecks, including emergency responder services, lost earnings of victims, drivers and passengers, cost of property damage and more. This is a very unemotional way of looking at what can be a very emotional, real issue to victims and their families in Alabama and across the country.
But for those who have not been affected by a car accident, sometimes looking at numbers alone can be an effective method for them to see a problem. Traffic fatalities have reportedly decreased throughout the country in recent years, but there is still work to be done.
Source
The Huntsville Times: "Report weighs cost to society of wrecks vs. congestion," Keith Clines, Dec. 30, 2011
]]>The most common ban among U.S. states related to distracted driving is against texting while driving. Even though the great majority of states already have a texting ban in place, Alabama is yet to have adopted such a law. But that's not due to at least one lawmaker's lack of trying to prevent car accidents caused by distracted driving.
]]> Sources report that a legislator from Birmingham continues in his goal to outlaw texting while driving throughout all of Alabama. In the past, his proposals have been rejected in the Senate, but he is confident that 2012 will be his bill's lucky year to get through that legal hurdle.The legislative proposal would make texting while driving a primary offense. That means that a police officer can pull a person over just because he sees the driver texting. The driver doesn't need to have committed another traffic violation. A first offense would cost a driver $25, and the fine would go up with subsequent violations.
Supporters of distracted driving laws argue that cell phone use behind the wheel results in Alabama car accidents and the avoidable injuries and deaths that follow. Critics of such laws, however, think that law enforcement won't be able to effectively enforce the law without putting drivers' freedoms at risk.
What do you want in your state?
Source
The Birmingham News: "Alabama bill to ban texting while driving will return to Legislature," Kim Chandler, Dec. 30, 2011
]]>When accident victims survive, some of the most serious injuries that they and their families are left to deal with are traumatic brain injuries. Damage to the brain is more than physical; it has behavioral consequences. And a new study suggests that a brain injury can mean a behavior change in a victim that could also affect the well-being of others.
]]> British and Swedish researchers worked together to compare the rate of violent crime among the general population and those who have suffered from traumatic brain injuries. The findings do suggest that those who've sustained head injuries are more likely to commit acts of violent crime.Research shows that those with brain injuries were about three times more likely to be convicted of violent crimes such as arson, assault, sex crimes, homicide and more. As you can grasp, these findings have wide implications.
When a careless driver causes an accident resulting in a victim's brain injury, he has created a ripple effect of potential tragedy. First, the head injury has happened. But now, according to the research, that injury could lead to behavioral problems that put another unsuspected victim in danger of being injured in a violent crime.
If you or someone you love suffers from a brain injury due to another's negligence, don't let the carelessness go unpunished. An aggressive personal injury lawyer can help victims try to seek justice and create a safer community.
Source
Press Association: "Head injury 'link' to violent crime," Dec. 27, 2011
]]>The mother has already lost one of her 20-year-old twins to the crash. The other is currently in critical condition in a Huntsville hospital. Sadly, the girls' friend, also 20, didn't survive the accident. But the fatalities didn't come without attempts at saving the girls' lives.
]]> The Huntsville Times reports that a driver and his son drove by the scene of the accident after it occurred. They saw smoke coming from the scene, and the father's generosity kicked in. He saw that the driver of the other car was okay and he attempted to help out the young female victims until paramedics could arrive.Now he, the mother and the entire community is hoping that the holiday season will bring the surviving twin improved health. As we mentioned earlier, she is in critical condition, with the man who tried to help her and others working to bring the community together to raise some money to support the family that's facing so much sadness this holiday season.
The focus in this matter is currently on the young woman's hopeful recovery. The Huntsville Times doesn't indicate the cause of the two-car accident. An investigation into the incident is surely underway. When we find out more about what happened, we will post an update to this personal injury blog.
Source
The Huntsville Times: "Huntsville man who tried to help victims of tragic accident helps organize benefit at Lowe's," Chris Welch, Dec. 20, 2011
]]>According to Alabama reports, a city Electrical Department worker was injured in a workplace accident. He was reportedly elevated and working on a power line when he made dangerous contact with the line. He was electrocuted in the accident and sustained serious injuries.
]]> The worker was taken to a hospital where he's been treated for burn injuries. While his line of work is a necessary and honorable one, it definitely comes with more dangers than the average desk job. It's too bad that this worker had to be faced with the serious reality of that point last week.Sources indicate that the electrocution victim was wearing the required safety garb at the time of the incident. As with all workplace injuries, officials are conducting an investigation into more details behind the accident.
Accidents like this one can keep a worker out of the workforce for some time. Generally, an employer's insurance is required to pay for a workplace accident victim's medical bills and lost wages, but sometimes, unfortunately, it isn't always so easy. When a work injury victim can't get what he thinks he needs and deserves out of his employer, it is invaluable to find a workers' compensation attorney with experience standing up for the rights of workplace accident victims to help.
Source
Press-Register: "Fairhope employee injured in electrical shock incident today," Dec. 15, 2011
]]>A 51-year-old man decided to volunteer at the Huntsville Rock City Marathon on Saturday morning. He was trying to hand out much-needed water to the hard-working runners. His attempt at merely helping, however, was dangerously interrupted when he was severely injured in a car accident. He was taken from the scene in critical condition.
]]> Sources report that the crash occurred at around 9 a.m. The pedestrian victim was taken to a local hospital and as of today is still listed to be in critical condition. The specifics of the injuries that he sustained are not disclosed.While the community's main focus is for the victim to get through this tragedy and recover, there are still questions regarding why and how this happened. No criminal charges have been filed as a result of the pedestrian accident, but that doesn't mean they won't develop in the future.
If further investigation into the crash reveals that the driver involved (who was unhurt) violated traffic laws, he or she could still face criminal allegations. Also, a personal injury lawsuit is not yet out of the question in relation to this incident. The victim or his family might see fit to sue over supposed negligence in order to be compensated for any pain, suffering and financial loss or otherwise that they have gone through due to the wreck.
Source
Whnt.com: "Man Seriously Injured After Being Struck By Car At Rocket City Marathon," Erin Ward, Dec. 13, 2011
]]>Sadly, car accidents happen every day. Some are much more serious than others, but it doesn't take a severe injury to drastically affect the health of a child. Reuters reports on a study done regarding children's brain injuries. The study reportedly finds that all it takes is a minor head injury for a child's life to be interrupted by headaches.
]]> Researchers looked at populations of children who were taken to the hospital for bodily injuries, mild head injuries and severe head injuries. They had the children keep journals about headaches for a year following their injuries, the goal being to find out which population of injured children suffered from the most headaches.Interestingly, the research showed that kids who suffered from mild brain injuries reported the highest rate of headaches. Common sense would have predicted that those who sustained severe or traumatic brain injuries would get more headaches, but that's not what the research found.
Sources suggest that maybe those with the more serious head injuries were injured in ways to their brains that made them less likely to sense headaches. But that is mere theory. Also, girls were the most likely to report headaches. The exact reason for that is also unknown, though one theory is that hormones have a significant impact on headaches.
What is known is that headaches might sound insignificant, but they can significantly impact a sufferer's life. They can make it difficult to concentrate, sleep or keep one's eyes open.
Car accidents often cause brain injuries, and negligent drivers who are responsible for such suffering can sometimes be held liable in personal injury cases. There is treatment that goes into head injuries and headaches, and a careless person who makes such treatment necessary can be required to pay for the medical services.
Source
Reuters: "Headaches common in kids months after brain injury," Kerry Grens, Dec. 7, 2011
]]>The most common factor in the crashes caused by bus drivers was driver inattention, according to data. Collisions caused by other drivers happened most when drivers hit stopped school buses or failed to yield to the bus's right of way.
The Huntsville crash prompted then-Gov. Bob Riley to create a task force to study whether seat belts in school buses would have saved lives and prevented injuries. The three-year study, conducted by the University of Alabama, put seat belts and cameras in 12 school buses in school districts across state, including Madison.
The study found that students used their seat belts less than 62 percent of the time and that the cost of installing seat belts would outweigh the benefits. The task force recommended using the money for safety measures outside of the bus, including public education about the dangers of passing a bus that is loading or unloading children.
That's not to say that school buses are not getting safer.
The National Highway Traffic Safety Administration in 2008 mandated that lap/shoulder belts be installed on school buses weighing less than 10,000 pounds. Seat belts are optional on larger buses like the one that the students in Huntsville were on the day of the crash.
Derrell Lyles, a spokesman for the NHTSA, said that, beginning this fall, all new small school buses sold in the U.S. will have the mandated lap/shoulder belts. Since October 2009, large school buses have been built with higher seat backs to further protect passengers.
"The agency also continues to educate school bus drivers, students and other motorists about safe behavior that reduces the risk of being involved in a school bus-related crash," Lyles said.
The goal is to avoid another horrific crash like the one that killed four teenagers and wounded so many more.
]]>