Birmingham, Alabama Personal Injury Blog

The elderly are some of the most vulnerable members of our society. Physical and mental challenges may make them dependant on family members or other caretakers. Unfortunately, their vulnerability also makes them targets of nursing home abuse. This abuse can come in several forms: physical, financial, emotional or sexual.

With longer life spans and the aging of the baby boomers, there is concern among advocates for the elderly that appropriate resources for abuse victims are available.

"The fastest-growing segment are people over 85 and the percentage of people with Alzheimer's, dementia is at an all-time high...This is just an absolute recipe for disaster," explained Laura Mosqueda, co-director of the National Center on Elder Abuse.

A 53 year-old man from Tuscaloosa was shot in a hunting accident this past Sunday near Elrod. The victim was shot and injured in the torso by a friend of his son. The 25 year-old shooter mistakenly thought he was alone in the area. He fired two shots at what he thought was the reflection of a deer's eyes.

The Alabama hunting accident occurred on private land near John Harless Road. The victim had on an orange hat with an attached light. The shooter was issued a citation by an Alabama Conservation officer for not wearing the required safety orange, as well as for not having a hunting license or buck harvest record.

After authorities responded to the 911 call, the victim was taken to DCH Regional Medical Center for emergency surgery. He is now recovering from his injuries. The Tuscaloosa County Sheriff's office and Tuscaloosa Metro Homicide Unit are still investigating the case. Sheriff Ted Sexton believes the victim does not wish to press charges.

The sheer size differential between an 80,000 pound truck and a 5,000 pound car means that car-truck accidents frequently have disastrous consequences. As Birmingham truck accident attorneys know all too well, these collisions often result in vehicle occupants suffering catastrophic personal injuries or even death.

Thankfully, a new report from the Federal Motor Carrier Safety Administration shows that truck accidents are on the decline. Between 2007 and 2009, the rate of fatal truck crashes fell by 31 percent. Crashes resulting in personal injury dropped by 30 percent during that same time period.

The fatal truck crash rate has fallen by 54.5 percent since 2000 - more than twice the rate of decline for fatal passenger vehicle accidents.

All told, the United States sees approximately 1.12 fatal truck accidents for every 100 million vehicle miles travelled.

Like many other states in the U.S., Alabama has a graduated driver's license program. Since July 2010, the state has required those under 18 years old to follow certain steps before getting a full driver's license. Those who supported the law believed that making teens gain more driving experience in supervised situations would decrease the amount of accidents teen drivers were involved in.

However, a recent study published in the Journal of the American Medical Association suggests that instead of preventing auto accidents, graduated license requirements merely delay the age that teens get into motor vehicle accidents.

Alabama's Graduated License Requirements

Alabama allows those at least 15 years old to get a learner's license, which lets them drive as long as they are accompanied by a parent, guardian or licensed driver 21 years or older. Those who are 16 or 17 years old may get a driver's license but are not allowed to drive between midnight and 6 a.m. if they have had the license for less than six months, unless they are accompanied by an adult, are going to or from work, school or a religious event. Those who are 18 years old may apply for an unrestricted driver's license.

In 2008, the U.S. Food and Drug Administration evaluated reported complications following the placement of transvaginal mesh to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) and stated that serious complications are rare. After an in-depth review of medical literature on transvaginal surgical mesh implantation and increased reports of serious complications following the procedure, however, the FDA has issued an alert warning health-care providers and patients that serious complications are a greater threat than previously reported.

According to the FDA, surgical mesh is used to repair weakened or damaged tissue and is commonly used to reinforce a weakened vaginal wall after POP occurs or to support the urethra in women who experience SUI. The surgical-mesh implantation is intended to be permanent.

Almost 700 pedestrians were killed in Alabama between 2000 and 2009, according to Transportation for America, a group campaigning for transportation system reform. Alabama's Pedestrian Danger Index (PDI) is 116.7, making Alabama the fifth most dangerous state for pedestrian accidents nationwide. In particular, the Birmingham-Hoover metro area had 136 pedestrian fatalities representing seven percent of all traffic deaths.

The problem is not limited to Alabama. Over 47,000 people were killed while walking in the United States between 2000 and 2009. That amount of fatalities roughly equates to the crashing of a jumbo jet filled with passengers every month of the year.

Overall, the roads have gotten safer, with traffic fatalities as a whole down nationwide. Across the country, however, pedestrian fatalities have fallen at only half the rate of overall deaths. Nationally 12 percent of traffic deaths are due to pedestrian-related accidents. However, little public attention and even fewer public resources are committed each year to pedestrian safety.

No one ever expects to get injured at work, especially as the result of a natural disaster. This, however, is exactly what happened to employees of an Alabama restaurant.

Last April, when an EF-4 tornado hit the Tuscaloosa Steak-Out, three employees took cover in a meat cooler and burrowed out under the rubble after the storm passed. The workers emerged with bruises, lacerations and other injuries. All three required medical attention; two went to the hospital, one with a serious head injury.

To cover their medical expenses the employees filed workers' compensation claims. Unfortunately, even though their injuries occurred while they were at work, their workers' compensation claims were denied. They were told that the claims were rejected because their injuries did not arise from their employment, but rather were caused by an "Act of God"

Without health insurance, the employees were forced to rely on donations to help cover their medical expenses.

After a string of deadly tour bus crashes across the country, many people are wondering how bus companies with multiple safety citations are allowed to continue to operate. The recent Sky Express bus accident provides a tragic example of what is wrong with the current oversight of bus safety.

Sky Express, a North Carolina bus company, had received an unsatisfactory rating by the Federal Motor Carrier Safety Administration (FMCSA) in April. The company had an extensive record of safety violations. Although the FMCSA could have shut Sky Express down on May 28, the agency granted the bus operator an extension for 10 days. The FMCSA then checked for further violations, to make sure it had enough evidence to end the company's operations.

It was during those 10 days that a Sky Express bus was in a rollover accident in Virginia. The accident resulted in the death of four passengers and the injuries of many others.

The bus driver has been charged with reckless driving. It has been reported that he was sleep deprived.