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What to Do After a Hit and Run Accident

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Under Alabama law, anyone who is injured in an accident that results from the reckless or negligent actions of someone else is entitled to compensation for medical expenses and other losses. In a car accident, the insurance company representing the at-fault party typically ends up paying these damages. But what happens if you are injured in a hit and run accident?

Hit and run accidents account for 20 percent of cases where a pedestrian is struck by a car, as well as many auto collisions. It is illegal to leave the scene after an accident in Alabama, but a driver might flee for a variety of reasons:

  • Not licensed
  • Not insured
  • Driving under the influence of alcohol or drugs
  • Driving a stolen vehicle
  • Avoiding police because of an outstanding arrest warrant

According to an analysis of accident reports by the American Automobile Association (AAA), 18 percent of fatal car crashes involved drivers without a proper license, including licenses that had been revoked or suspended after previous traffic violations. The organization estimates that half of the drivers who disappear after a fatal hit and run are unlicensed.

If you are involved in a hit and run auto accident, your first priority is to get medical attention and contact the police. If possible, you should also do the following:

  • Get the names and contact information of any witnesses
  • Write down all the details of the accident that you remember
  • Document the scene of accident with photos or video
  • Contact an experienced auto accident lawyer

Any clues about the identity of the at-fault driver or vehicle can help law enforcement track them down and arrest them. An experienced attorney can offer help with investigating the hit and run accident and, if necessary, negotiating a fair compensation deal with your own insurance company.

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Increase Rest, Decrease Truck Accidents

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As a personal injury firm, we represent clients hurt in motor vehicle and truck accidents. A contributing factor of those accidents is often fatigue, an issue recently addressed by the Federal Motor Carrier Safety Administration (FMCSA).

In Alabama, accidents with trucks including utility, pick-up and semi-trucks took the lives of more than 300 people in 2011. That same year, FMSCA lowered the allowable hours of service (HOS) for drivers of rigs weighing more than 10,000 pounds. While the rule went into effect in 2012, the final compliance date was July 1 of 2013.

Reducing the situational and long-term fatigue experienced by truck drivers is a primary concern of FMSCA in lowering the HOS. Some key points about the rule change include:

  • The maximum allowable work week for a truck driver is now 72 hours, a 15 percent reduction in hours from the previous 82 hour maximum.
  • Within or after eight hours of drive time, truck operators must take a 30 minute break.
  • The new rule does not alter the 11 hour maximum driving limit per day.

While most trucking companies and drivers will follow the new HOS rule, penalties for lack of compliance with the new regulations include the following:

  • Drivers who exceed HOS rules must remain roadside until needed rest is obtained.
  • The driver and his or her trucking company may be assessed fines by the state and by FMSCA.
  • The safety rating of the trucking company could be reduced following repeated violations.
  • Federal criminal charges can be sought and brought against the trucking company in the presence of repeated violations of the rule.

Driving on any road can be hazardous. Driving near an 18-wheeler with a sleepy driver can be deadly. Get experienced legal help if you are injured in a trucking accident in Alabama.

 

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Supreme Court OKs DNA Collection by Police

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Fingerprinting is a valuable forensic tool for verifying the identity of a criminal defendant. DNA can provide a more accurate way to establish whether a person was physically present at a crime scene and is being utilized as evidence in a growing number of cases. However, the practice in several states, including Maryland, of swabbing arrestees for DNA has raised constitutional questions regarding the definition of reasonable searches.

  • A recent Supreme Court ruling gave Maryland law enforcement the green light to take DNA swabs in addition to recording fingerprints and taking photos as part of the standard booking procedure. A majority of five justices argued that collecting DNA is reasonable when there is probable cause that a serious offense has been committed.
  • The dissenting opinion was uncomfortable with the vague definition of “serious offense” and worried that law enforcement agencies were using DNA collection as an investigative tool instead of an identification method. For instance, Maryland police connected Alonzo Jay King to an unsolved rape case using DNA they obtained when they arrested him on an unrelated assault charge. Police might expand the number of alleged “probable cause” arrests they make as a way to expand their DNA databases. As Justice Scalia wrote, “As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.”

Expanding the national DNA database might lead to more criminal convictions, but it may also increase the number of people who are wrongly accused and convicted of crimes they did not commit. DNA can reveal a great deal of information about a person, but mistakes at the crime scene or forensic lab can ruin the life of an innocent person.

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Understanding the Brain — and Brain Injuries

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Currently there is no cure for the often permanently disabling damage of brain trauma. But in April of this year, the White House announced an expansive initiative to explore brain function, map its circuitry and develop new ways to address brain injury and diseases like Alzheimer’s and Parkinson’s.

Brain Research Through Advancing Innovative Neurotechnologies (BRAIN) was announced by President Obama in April of this year. The President hopes to spark innovation that will help current patients prevent future brain injury and provide long-term job opportunities. By plumbing the depths of how we think, it is hoped this ambitious project will lead to scientific development on the level of our quest to reach the moon more than 43 years ago.

Initial research monies will go to:

  • Approximately $50 million will be routed to The Defense Advanced Research Projects Agency (DARPA) to develop innovative technologies based on discoveries in brain structure and function
  • The National Institutes of Health (NIH) will receive approximately $40 million to assist with research and resource development
  • The National Science Foundation (NSF) will fund research in the physical, social, biological and behavioral sciences with approximately $20 million in start-up funds

This is an initiative for our times that seeks to help the world without by finding answers within. Time will tell if, like many other great ideas, the results fall short of the vision. For victims of brain injury, while new science helps each year, another giant leap for mankind could give hope where currently there is none.

If you or a loved one suffers head or brain injury, always seek experienced legal counsel.

 

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Alabama Domestic Violence Laws

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We tend to think that acts of violence are committed by strangers, but many involve people who know each other intimately through a family or personal relationship. In Alabama, domestic violence laws apply to current or former spouses, housemates or dating partners, as well as parents and children or co-parents. Domestic violence includes physical or sexual assault as well as stalking, threats, emotional or psychological abuse, intimidation and destruction of personal property. No one should live in fear that they might be harmed by someone they know. However, the volatile, emotional nature of these incidents often makes it difficult to ensure that the legal rights of the two parties in the dispute are protected.

Domestic violence charges fall into the following categories:

  • First degree, Class A felony for first-degree assault
  • Second degree, Class B felony for second-degree assault
  • Strangulation or suffocation, Class B felony for assault with an intent to harm
  • Third degree, Class A misdemeanor for third-degree assault, reckless endangerment, coercion or harassment

Penalties for a domestic violence conviction can include jail time, fines, community service, loss of child custody and the right to possess a firearm. Jail sentences are mandatory following a subsequent domestic violence conviction and stricter penalties may be imposed if there was an order of protection in place when the action occurred or a weapon was used.

Alabama law enforcement officers can make a domestic violence arrest if they judge that there is probable cause, but they may not take both sides of the story into account before doing so. If you are arrested for domestic violence, contact McPhillips, Shinbaum as soon as possible. We provide aggressive representation for all our clients to make sure they avoid false accusations and get a fair hearing in court.

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Understanding Employment Discrimination in the Alabama Workplace

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At one time or another, most people feel they are treated unfairly at work. As an at will state, Alabama employers can terminate your employment for many reasons, but not for reasons defined under state and federal law as discriminatory.

Understanding something about those reasons is important if you suspect discrimination at work. In the United States, employers cannot discriminate against you for the following reasons:

  • Age (over 40 years of age)
  • Disability
  • Gender including pregnancy
  • National origin
  • Race
  • Religion
  • Color
  • Genetic background

Alabama state law prohibits discrimination on the basis of age and broad protection is provided by the federal Equal Employment Opportunity Commission (EEOC). The EEOC offers protection to individuals already employed or those who believe they were discriminated against during the hiring process.

Prohibited treatment under federal law includes:

  • Discrimination or harassment based on defined, protected factors
  • Denial of adjustment or accommodation in your workplace due to religious belief or disability
  • Retaliation because you filed a complaint, were involved in a lawsuit or aided an investigation of your employer for alleged wrongdoing or discrimination

You generally have 180 days from the date of discrimination to file a complaint. Speaking with an employment lawyer is a good idea prior to filing a complaint if you wonder whether treatment by your employer is discriminatory. A business must employ at least 15 people for 20 calendar weeks to fall under the authority of the EEOC. An attorney can advise you about this coverage, and provide information about the evidence and documentation needed to help support your case.

Everyday complaints at work are commonplace, but discrimination should not be. If you have questions about the difference, speak to an attorney at our firm.

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Distracted Driving: Hands Free Does Not Mean Risk Free

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Today’s motorists have hands-free mobile devices and fixed communication and entertainment systems in their cars. Is all this new technology safe?

According to a new study by the Automobile Association of America (AAA), the answer is decidedly no. The study used advanced technology to measure not only the physical, but mental distraction faced by drivers challenged by cell phones, radios and infotainment units built into their cars. Participants performed three tasks in different environments and under different conditions.

The research identified three types of distraction, eyes off the road (visual), hands off the wheel (physical) and mind off the road (mental). AAA sought to evaluate the common belief that hands-free communication is considerably safer than the use of hands-on cellular technology.

Some startling results of the study include:

  • Motorists using hands-free cell phones to send messages are approximately two times more distracted than drivers who do not use cell phones. They are three times more distracted if using an in-dash computer or communication system.
  • The study identified sources of cognitive distraction that included listening to the radio or an audiobook, talking with a passenger, talking on a cell phone or hands-free phone or interacting with a speech-to-text dash system.
  • Cognitive distraction caused decreased neural activity and visual scanning, increased reaction time and a higher number of missed cues, or inattention blindness.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving contributes to more than 3,000 deaths per year. Even as manufacturers rush to design more sophisticated car communication systems, this research recommends limiting and disabling such technology along with educating drivers about the pressing danger of cognitive distraction.

While a marvel, the human brain cannot truly multi-task. Stay off any phone and keep your attention on the road. If you are injured by a distracted driver, get good legal counsel.

 

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A New App — About Your Car

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We are used to new apps. One will tell you when to water your plants, another will tell you how many calories you just consumed — or burned off. But a new app from the National Highway Traffic Safety Administration (NHTSA) promises to deliver timely information and hot headlines about car safety right to your own phone.

The Safer Car app is available free from iTunes for the iPhone or iPod Touch. An Android version is under development. Released along with the NHTSA Application Programming Interface (API), these products are designed to provide fast public access to safety information specific to their own model vehicles.

With the Safer Car app, you can expect the following:

  • Ratings. Access to collision test ratings across models and brands helps you make smart choices about cars you are interested in for purchase or for lease.
  • Car seats. An improperly installed car seat can prove dangerous to the youngest members of your family. The app provides information about your seat and the nearest location for help with installation.
  • Safety alerts. Register your model car and receive important safety and recall information about your car as soon as NHTSA makes it available.
  • Register a complaint. Now you can quickly alert NHTSA to problems with your car that can help identify systemic problems with the model that could affect others.

As an open source application, Safer Car can be integrated by developers into other products to provide up-to-date safety and other information.

Along with the NHTSA, we hope the SaferCar app will help clients make good choices for themselves and their family. But accidents happen. If staying safe is not possible and injury in a motor vehicle accident occurs, seek experienced legal advice.