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Who Is At Fault in a High-Speed Chase?

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On July 30, 2013, a high-speed police chase through Birmingham and suburban Homewood resulted in two collisions and three injuries.

Police state that they spotted a man with outstanding arrest warrants driving in Birmingham’s south side shortly before 6:00 p.m. The chase ended when the suspect’s vehicle crashed into another car near the corner of Roxbury and Oxmoor in Homewood. Another crash occurred previously on 18th Street. The fleeing suspect, his passenger (who also had an outstanding arrest warrant) and another driver were all rushed to area hospitals.

One witness remarked that she was “surprised” that more people weren’t hurt, given that the events occurred in a busy downtown area during rush hour. An Alabama car accident lawyer may become involved due to the serious injuries suffered by at least one and arguably two innocent bystanders.

Negligence in a high-speed chase

Accidents in high-speed chases are a serious problem. The FBI reports that one person dies every day in a high-speed chase. While peace officers are granted some leeway in their pursuit of some suspects, Alabama law does set limits on their behavior. These officers — and the city, county or state that employs them — may be liable for damages caused in a high-speed chase. Damages may include property damage and compensation for injury or death.

  • Officers are held to a simple negligence standard in Alabama. Even if they are in a high-speed emergency chase, they have a duty of reasonable care to other innocent third parties.
  • Despite a minority of states that impose liability in such situations, an injured suspect cannot sue for damages in Alabama because the suspect could have pulled over at any time and ended the chase.

The experienced and tough attorneys at McPhillips Shinbaum are not intimidated by a government agency, insurance company or anyone else that is standing between you and fair compensation for your injuries. Call today for your free consultation.

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Explosive Plane Crash Kills Two

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On Wednesday, August 14, 2013, a UPS cargo plane crashed near Birmingham. The crash killed all on board.

Police state that the aircraft was approaching Birmingham-Shuttlesworth Airport on a flight from Lexington, Kentucky. The plane suddenly exploded in mid-air and fell from the sky. The tower reports that the crew made no distress calls. Witnesses stated that the aircraft split into several pieces before crashing to the ground, skidding across a highway and spreading debris over a half-mile area.

Both the pilot and co-pilot were killed. Their bodies were found some 100 yards from the main portion of the plane. The aircraft type, a twin-engine Airbus A 300, has been involved in at least 10 other crashes since it first entered service in 1974.

The National Transportation Safety Board is currently investigating the cause of the accident. Speculation exists that, due to the sudden nature of the crash, the lack of distress calls and the A 300’s service record, mechanical error may have been at fault.

Liability for wrongful death

Any time a manufacturer sells a defective product that results in death, whether that product is a small medical device or a wide-body jet aircraft, the manufacturer can be sued for wrongful death. Since 1974, Alabama has used the AEMLD, or Alabama Extended Manufacturers’ Liability Doctrine, in such cases. In a defective product case, a Birmingham personal injury attorney must convince the jury that the death occurred because of:

  • A design defect — the typical argument is that there was a safer alternative design available, but the defendant failed to use that alternative design
  • A manufacturing defect — the product may have been fine on the blueprint, but was defective by the time it reached the shelf
  • A failure to warn – if the manufacturer knows that a product is dangerous, the manufacturer has a duty to warn consumers about the danger

Since 1978, McPhillips Shinbaum has represented injured victims and their families in personal injury lawsuits throughout Alabama. Call today for your free consultation.

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Wrongful Death and Criminal Acts

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A former provost at the University of Alabama in Huntsville has asked a judge to throw out the wrongful death suit filed against him following Amy Bishop’s 2010 shooting rampage.

Bishop, a professor at UAH, shot two people to death and injured three others following a faculty meeting. Bishop was angry that she was earlier denied tenure. She is currently serving a life sentence without parole after pleading guilty to the shooting deaths. The family members of slain faculty members Maria Davis and Adriel Johnson subsequently sued UAH Provost Dr. Vistap Karbhari and President Dr. David Williams, alleging that these university officials knew that Bishop was angry and unstable, and failed to take any corrective action.

Elements of a wrongful death suit

Dr. Karbhari’s attorneys argue that Dr. Karbhari did not cause the deaths of the faculty members. Cause, both cause-in-fact and proximate cause, is an essential element in any negligence case. There can be no intervening cause that comes between the plaintiff’s injuries and the defendant’s conduct. A criminal act, especially one that is random and unpredictable, is generally an intervening cause in a negligence case. Alabama law holds that a criminal act may not always be an intervening cause in all cases.

  • Relationship between the parties: If there is a special relationship between the parties, such as lawyer/client, doctor/patient or some other fiduciary relationship where there is a heightened duty of care, a crime is not an intervening cause in a negligence case.
  • Foreseeability: In this case, the plaintiffs argue that Dr. Karbhari ignored warning signs that Bishop was dangerous. Dr. Kharbari denies these allegations.
  • Voluntary duty: If a defendant begins to take steps to protect a plaintiff from a crime, and then abandons that course of action, the defendant may nevertheless be liable.

At McPhillips Shinbaum, our attorneys represent clients in Montgomery County, Autauga County, Elmore County and throughout Alabama. To speak with a lawyer about your wrongful death claim, contact us to schedule your free initial consultation.

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NFL Concussion Lawsuit Settlement

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The National Football League (NFL) has reached a multimillion-dollar settlement with current and former players regarding brain damage suffered by players, allegedly while competing on the football field.

The total value of the settlement is $765 million. Settlement terms include $675 million in compensation to former players and their survivors, and $90 million for further research into chronic traumatic encephalopathy (CTE), the brain disorder players say they contracted as a result of multiple violent collisions while playing professional football. The players also state the NFL failed to take sufficient action to protect players from CTE.

While the settlement amount may seem rather small, given the number of plaintiffs (4,500) and the NFL’s revenue ($10 billion per year), the case highlights a few common elements in any settlement strategy in any negligence action.

There are many times that a trial is desirable or necessary. The parties may be too far apart on a settlement figure, the plaintiffs may want the publicity that a trial brings, the parties may want an enforceable court order, and there are other reasons. However, just because your attorney tries to work out a settlement does not mean that he or she is caving into the other side’s demands or that your case lacks merit. For the most part, an agreed settlement is a better option:

  • Control. Liability is hardly ever clear-cut in complicated negligence cases, and there is absolutely no way to predict how a jury will view the facts and make its decision. A pretrial settlement gives the parties control over the outcome that they simply do not have in a trial.
  • Cost. Trials cost a lot of money, both in terms of an attorney’s time and in terms of hard costs, such as expert witness fees and deposition expenses. A plaintiff can accept less money at a pretrial settlement and actually come out ahead because the former costs are avoided.
  • Speed. If a case is litigated, it can be years or even a decade before a victorious plaintiff sees any money. The NFL players’ attorneys specifically said that one of their goals was to get money right away for the retirees and families who badly needed it.

The attorneys at McPhillips Shinbaum are experienced in all phases of a negligence case. They know when to push for a settlement and when a trial is a better option. You can trust them to make the decision that best promotes your interests. Contact McPhillips Shinbaum to schedule your free consultation.