Economic Impact of a Car Crash - McPhillips Shinbaum

Economic Impact of Serious Injuries Suffered in a Car Accident

Sustaining serious injuries in a car accident in Alabama can be a truly devastating experience. In the aftermath of a car wreck, many victims are faced with massive medical bills, as well as severe pain and suffering that can last for a lifetime.

Ultimately, the best way to recover compensation after sustaining injuries in an accident in Alabama is by filing a claim with the assistance of a dedicated Alabama personal injury attorney. But before you do, it is best to fully understand the economic impact that serious injuries may have on you, both now and in the future. To be sure, by obtaining a complete picture of how these injuries may affect your life, you will be in a better position to pursue the compensation to which you are rightfully entitled.

Common Injuries Sustained in Car Accidents in Alabama

In some cases, accidents cause no more than a few cuts and scrapes that require little to no recovery. Far too often, however, car wrecks lead to devastating injuries that have lasting impacts, a handful of which are listed below:

Many, if not all, of the injury types listed above will force the victim to undergo thorough medical treatment to recover, and some accident victims may never fully recover from their injuries. For example, while lacerations and broken bones may heal over time, TBIs and amputations will last for a lifetime and will require the victim to entirely modify their lifestyle in order to adapt to their new situation. Of course, herein lies the benefit of the legal system, which allows victims to pursue compensation that will cover their current and future medical bills, as well as provide for them in the future if the effects of their injuries are long lasting.

Naturally, however, this begs the question: How is it possible to determine the lasting effects of an injury sustained in a car accident?

Calculating Economic Damages for Injuries with Lasting Impacts

It is nearly impossible to associate a lifetime monetary value with many of the injuries listed above. Indeed, injuries such as traumatic brain injuries, amputations, and those that lead to other disabilities require the victim to modify their lifestyle entirely, and may rob them of the ability to work and provide for themselves or their family. In this case, the victim, with the help of a skilled Alabama personal injury attorney, should begin working to create a comprehensive list of damages suffered in the car accident, as well as how they will impact the victim’s life both now and in the future.

Take, for example, an accident that leads to an individual suffering a TBI. The initial valuation of the damages may appear fairly simple, as it will include any immediate medical bills incurred by the victim, as well as lost wages due to time spent away from work while they recover in the hospital and after being discharged.

Going forward, however, the valuation becomes more complex. Specifically, because the victim suffered a TBI from which they may never fully recover, they must determine how this may affect their future work life; if they conclude that the injury will hinder their productivity at work, they must include this calculation in their claim with a determination of the value of this damage. Furthermore, the TBI victim may be required to undergo routine medical exams for the rest of their life; as such, they must reasonably calculate their expected medical costs and pursue due compensation, as well.

An Attorney is a Valuable Tool in Calculating the Economic Impact of Injuries

Overall, perhaps the best way to obtain the compensation to which you are rightfully entitled in the aftermath of a serious car accident in Alabama is by enlisting the services of a skilled Alabama personal injury attorney. A personal injury attorney with significant experience will be able to assist you in determining the lasting impact your injuries will have on your life, and arrive at a monetary value that you can pursue in your claim. McPhillips Shinbaum has established relationships with experts who have the experience and skill to readily determine the future value of an injury.

Contact an Experienced and Skilled Alabama Injury Attorney

Don’t face the legal system or an insurance company alone if you have been injured in the Montgomery area. Instead, reach out to the legal team at McPhillips Shinbaum, LLP for a free case evaluation and to learn how we can assist you moving forward. Call us at (334) 262-1911 or contact us by using our online contact form.

 

 

Pedestrian Accident - McPhillips Shinbaum

I Was Hit by a Car in a Crosswalk in Alabama – Who is at Fault?

If you’ve been hit by a car as a pedestrian in Alabama, you’re likely injured, upset, and confused about the nature of your situation. Even if you were in a crosswalk when the accident occurred, someone might try to shift the blame so that they can avoid paying for a costly claim.

Unfortunately, not many people are aware of the Alabama laws pertaining to pedestrians. Like drivers, pedestrians in Alabama are subject to some rules and a standard of care. The good news is that drivers are held to a higher standard of care in most cases, and pedestrians do have rights in Alabama.

What Are Your Rights as a Pedestrian in Alabama?

Alabama law requires that pedestrians obey all traffic-control signals (such as crosswalk signs) unless they are told to do otherwise by a law enforcement officer.

When a pedestrian is in a sidewalk, they have the right-of-way under most circumstances. When there is no crosswalk signal or if the signal isn’t working, the pedestrian has the right-of-way. Vehicles are required to stop or slow down as they approach a pedestrian that is either in or near their driving lane.

Even in a crosswalk, the pedestrian could be at fault in an accident if they fail to exercise “reasonable care.” For example, if the pedestrian crosses against the traffic lights when the signal says, “Don’t Walk” or if they dart out in front of a moving vehicle without allowing it time to slow down or stop, there might be a question of negligence.

Some Little-Known Alabama Laws Governing Pedestrians

It does seem as if most rights are given to pedestrians in Alabama, as well they should be since a pedestrian doesn’t have the protection of a 4,000-pound vehicle to keep them from seriously bodily harm. This does not mean, however, that a pedestrian can run out into the road at any time and avoid responsibility for the consequences.

There are several laws that govern or restrict pedestrian activity in Alabama. For example, it is unlawful for a pedestrian to cross traffic or a road diagonally. If a sidewalk is available, it is also unlawful for a pedestrian to choose instead to walk on the roadway instead of the sidewalk. If there is no sidewalk present on a two-way road, pedestrians may only walk on the left-hand side of the road.

Pedestrians in Alabama are also not permitted to be on the roadway if they are:

  • Attempting to hitchhike
  • Under the influence of alcohol or drugs
  • Soliciting contributions, business, or employment from drivers or vehicle passengers
  • Fishing

The Seriousness of Motor Vehicle vs. Pedestrian Accidents in Alabama

Pedestrian accidents in the United States happen over 200 times per day, and Alabama is in the nation’s top 10 list for having the highest rates of pedestrian accident fatalities. Aside from the tragic deaths, nearly 76,000 people are injured in pedestrian accidents in the U.S. each year.

The people most at risk for a pedestrian accident are children and the elderly. Adults age 65 and older account for 20% of all pedestrian accident fatalities. Children are also particularly vulnerable, with one in five children killed in accident crashes being a pedestrian.

The tragic thing about these accidents is that they are completely avoidable. The most common causes of pedestrian accidents are distracted driving and reckless driving. Specifically, these accidents are caused by:

  • Drivers looking at cell phones
  • Speeding
  • Failure to yield or obey traffic signals
  • Disregard for road and weather conditions
  • Drivers under the influence of alcohol or drugs

Damages in Alabama Pedestrian Accidents

When a pedestrian goes up against a motor vehicle, motorcycle, or large truck, they aren’t going to come away from the experience unmarked. These pedestrian accidents often have catastrophic and heartbreaking consequences. If you or a loved one have been hit by a car as a pedestrian in Alabama, the damages in an ensuing case could include:

  • Medical expenses
  • Permanent disability
  • Lost wages
  • Pain and suffering
  • Wrongful death

If you’ve been injured in a pedestrian accident, contact our experienced Alabama personal injury attorneys at McPhillips Shinbaum at (334) 262-1911 to discuss your case and we can help protect your rights.

 

Montgomery, AL Car Accident Lawyers

What Should I Do Immediately After a Car Accident?

No one plans to get involved in a car crash when they leave their home to head to work, do some grocery shopping or visit family. Yet, this is exactly what happens to millions of people each year. In the U.S., there are more than 5 million car crashes annually, with nearly half involving injuries. It’s a safe bet that many of these crashes create some property damage at the very least, while most victims are left with medical bills, property damage, lost wages, and even permanent disability.

If you’re involved in a car accident in Alabama, we want to make sure that you get the best care possible while protecting your rights. It’s no secret that large insurance companies want to minimize their risk, which means avoiding large payouts if possible. Even if you are unsure about fault, it is important to take specific measures to safeguard your right to compensation. Here are the steps that you should take immediately following a car accident.

1. Get to Safety
There is a common misconception that everything should be left in place after a motor vehicle accident. In some cases, it’s ok to leave your vehicle where it lies, but in others, it’s best to move to the side of the road so that you don’t cause additional accidents. Even if you don’t move your vehicles, make sure that all occupants are safely out of the roadway as quickly as possible so that no one is further injured.

2. Call the Police
You should always call the police when you’ve been involved in a car accident. Even if there is only minor damage to your vehicle and you believe that there aren’t any injuries, it’s important to have the accident recorded by an official third party. Eyewitness accounts can change quickly, so it is a good idea to get an official accounting of what everyone saw before, during and after the crash.

For example, the other driver might say that they aren’t injured and then report severe neck pain a week later. Likewise, you may not think that you have serious injuries or property damage and then realize that this isn’t the case hours or days later. An official police report can help resolve any future disputes so be sure to request a copy of your Alabama Uniform Traffic Accident Report.

3. Document Everything
While you are still at the accident scene, document as much about the accident as possible. If you are injured and unable to do this, ask a passenger or even a witness if they will help with this important task. Take pictures of both vehicles and any damage. Photograph the surroundings and take pictures of injuries if possible. Collect the name, address, and phone number of all involved parties and witnesses. If there is a later dispute about negligence in an auto accident case, you’ll be glad that you took the time to gather this important evidence.

4. Seek Medical Attention
Getting prompt medical attention for your injuries should be one of your top priorities after a car crash. If you are seriously injured, ask someone at the scene to request an ambulance. Even if you don’t need to be taken to the hospital by ambulance, it’s important that you either go to the emergency room or call your family physician as quickly as possible for treatment of your injuries.

Some auto accident victims mistakenly believe that they didn’t suffer any injuries as a result of the crash. When an accident occurs, our adrenalin level spikes and this can mask the onset of pain from muscle strains or other serious issues. When you do seek treatment, follow your doctor’s recommendations and keep copies of all medical records and bills.

5. Notify the Insurance Company
Once you are at home or a safe location, you’ll need to report the accident to your auto insurance company. You can also contact the other driver’s insurance company if you believe that they were at fault in the accident. Reporting the accident is necessary to provide “proper notice,” so that the insurer can’t later deny your claim.

6. Seek Legal Advice
Auto accidents in Alabama can become complicated for a variety of reasons. If there were multiple vehicles involved in the accident, there might be a dispute about fault. The negligent party’s insurance company might not want to pay or may try to get you to settle for less than your claim worth. In an Alabama auto accident case, it is important that you seek qualified legal advice and do so quickly.

Our experienced Montgomery auto accident attorneys are happy to discuss the specifics of your case during a free consultation. Contact the experienced Alabama car accident attorneys at McPhillips Shinbaum. Contact us at (334) 262-1911 or by using our online form to schedule an appointment.

The Most Common Injuries in Car Accidents

Most Common Types of Injury Suffered in a Car Accident

When a car accident occurs, those involved are likely to suffer injuries, especially when the car accident occurs at a high speed, occupants are not buckled up, airbags are defective, etc. In fact, the U.S. Centers for Disease Control and Prevention reports that car accidents are the leading cause of unintentional injury in the United States, with more than 32,000 car accident deaths, and two million injuries, reported each year.
At the law offices of McPhillips Shinbaum, LLP, our Alabama car accident lawyers have experience handling the car accident cases of those who have sustained serious injuries. Some of the most common types of injuries suffered in a car accident include the following:

Soft Tissue Injuries

Soft tissues include tendons, ligaments, and muscles, all of which may be stretched, torn, lacerated, or otherwise damaged in a car accident. These types of injuries occur when the body is twisted in an unusual position, or when a part of the body is impacted with a blow. The most common soft tissue injuries are sprains – the stretching or tearing of a ligament – and strains – the stretching or tearing of a muscle or tendon.

These soft tissues are found throughout the body, which mean the neck, back, shoulders, knees, hips, and more are all at risk of sustaining a soft tissue injury during a serious car crash. One of the most common types of soft tissue injuries is whiplash, which is caused by the abrupt back-and-forth movement of the neck during a crash. Whiplash can cause injury to the muscles, tendons, and ligaments, but also cause damage to nerves and discs in the spine.

Head and Traumatic Brain Injuries

The head and brain are two of the most vulnerable parts of the body, despite the extremely hard skull that is designed to protect it. In an accident the head may be hit with force, leading to scalp or facial injuries which can leave a person with permanent scarring and disfigurement.

Often more serious than injuries to the external parts of the head, are injuries sustained by the brain. When a person’s head is hit with a significant amount of force, or if the head is snapped back and forth so forcefully that the brain is shaken or hit against the skull with force, or if the skull and brain are penetrated, a person will likely incur a traumatic brain injury (TBI). TBIs vary significantly in severity, but have the potential to cause emotional, cognitive, and sensory difficulties. For example, a person may lose the ability to speak or communicate, lose control over certain motor functions or may be rendered unconscious for a prolonged amount of time.

Back, Spine, and Spinal Cord Injuries

Another part of the body that is extremely vulnerable in an accident is the spine. The spine is an intricate foundational piece of the human body, providing shape for the back, and protecting the spinal cord. Made up of multiple vertebrae which form the spinal column, the spine can be damaged when the body is twisted or moved suddenly, or when hit with force or a penetrating object. This can lead to fractured vertebrae, disc herniation, or worse, a severed spinal cord. If the spinal cord is impacted, an individual may experience weakness or full paralysis at the site of the injury and below. Spinal cord injuries are permanent; there is no way to correct this injury type.

Fractured Bones

Bones are not meant to bend, and when a person’s body comes in contact with a rigid object during a crash, or is moved in an unnatural way, the result may be a bone break or fracture. A fracture may be open or closed; an open fracture is one in which the bone is so severely broken that it breaks through the skin, which is not only more painful and difficult to treat, but also increases the risk for bone infection.

While most fractured bones can be completely healed with time, the process can be very painful and expensive, and very difficult for the patient to endure.

Been Injured? We Are Here to Help

If you are injured in a car accident, whether you have suffered one of the injury types above or another type of serious injury, our experienced Alabama car accident lawyers are here to help. Contact McPhillips Shinbaum, LLP right away so our Alabama injury attorneys can get started on filing your claim and recovering compensation for the damages you suffered.  You can reach us at (334) 262-1911 or online.

Partially To Blame For a Motorcycle Accident

What If I Am Partially to Blame for My Motorcycle Accident?

Motorcycle accidents happen more frequently than they should in the state of Alabama. In fact, in a single year in Alabama, there were 92 fatal crashes involving motorcycle or moped riders, according to the Alabama Department of Transportation. These accidents, even when they are not fatal, can have devastating consequences for motorcyclists and their families, resulting in expensive medical costs, disability, lost wages, pain and suffering, and more in many cases.

Because Alabama is an at-fault insurance state, and all drivers and motorcyclists are required to carry liability insurance, if you are in a motorcycle accident caused by another driver, that driver’s insurance is typically responsible for paying damages. But what happens in the event that you are partially to blame for your accident?

 Situations Where You May Be Partially to Blame

Even when fault for an accident seems obvious, an insurance adjuster may be able to use evidence against you to establish that you were partially to blame. There are two types of negligence of which you may be found guilty:

Negligence per se. Negligence per se is the breach of a law or ordinance. As it pertains to motorcycle accidents, you could be found partially to blame for your crash if:

  • You weren’t wearing a helmet (Alabama law requires all motorcycle operators and passengers to wear protective headgear);
  • You were lane splitting (riding between lanes of traffic or between rows of vehicles);
  • You and other motorcyclists were operating your bikes more than two abreast in a single lane; or
  • You were breaking any traffic law, such as speeding, drinking while driving, etc.

General negligence. You may also be found partially at fault for an accident if you committed an act of general negligence – the failure to execute a reasonable duty of care and this act contributed to your crash. Examples of general negligence might include:

  • Operating your motorcycle while distracted;
  • Operating after having a single drink (even if your BAC is below the legal limit);
  • Operating at an unsafe speed for conditions (even though under the speed limit); or
  • Performing an unsafe maneuver.

Negligence Is a Bar to Recovery

All states have negligence laws on the books, which dictate how a claimant’s/plaintiff’s own negligence affects their ability to recover compensation. Most states allow for recovery even when a plaintiff contributes to their injuries. However, Alabama is not one of them. Alabama is a pure contributory negligence state, which means that if a plaintiff is found to be at fault for their injuries in the slightest, even one percent, they are completely barred from recovery. This means that even if the driver who hit you was 99 percent to blame, you may be unable to recover compensation if your one percent of fault can be proven.

The Importance of Protecting Yourself

Alabama’s pure contributory fault laws are unusually strict, and they require motorcyclists to do due diligence when riding and navigating the claims process. Some things to keep in mind:

  • Always operate your motorcycle safely and within the parameters of the law – do not give a court reason to reject your lawsuit based on a small error;
  • Carry medical payments insurance coverage, which will help to pay for your injuries after a crash regardless of fault; and
  • Hire an experienced Alabama motorcycle injury attorney – when you need to recover compensation after a motorcycle accident in Alabama, you need an attorney on your side who knows how to prove the negligence of other parties and negotiate for compensation that addresses your losses.

Contact Our Law Firm Today

At the law offices of McPhillips Shinbaum, LLP, we know that you can’t afford to have your claim denied because of a small act of fault – or an accusation of fault – on your part. When you hire our law offices, our experienced and knowledgeable Alabama motorcycle accident attorneys will immediately get to work building your claim and helping you to recover every penny you deserve. We collect evidence to improve your chances of winning your claim or lawsuit if your case goes to court.

Our Alabama motorcycle attorneys are ready to meet with you. Write us a message or call our offices directly at 334-262-1911 for a free consultation. Remember, help is only a heartbeat away.

 

Parked Trucks

Regulators Draft Rule Requiring that Large Trucks Become Speed-Limited

Approximately one in ten fatal accidents in the US involves a large truck or tractor-trailer. Due to their size and weight, large commercial vehicles such as semi-trucks, 18-wheelers and buses all hold the capacity to do a great deal of harm when involved in accidents with smaller passenger vehicles. The faster they go, the greater their potential to do serious harm in a crash. In order to address this risk and other concerns, the Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) have each introduced similar rules that would require large commercial vehicles to have their ability to speed mechanically limited.

The rule, currently available for public comment, would require trucks, buses, and other commercial vehicles weighing over 26,000 lbs. to come equipped with speed limiters. These devices would prevent the vehicles from traveling over 60, 65, or 68 mph, with the upper speed to be determined by the agencies after the close of the public comment period.

According to studies conducted by the Department of Transportation, speed limiters could bring about valuable improvements in the accident rates of large trucks and buses, as well as substantial savings in fuel costs and the costs associated with greenhouse gas emissions. Certain carrier companies have been using speed-limited trucks for years, which has allowed the Department of Transportation to examine the sort of impact speed limiters have on roadway safety. According to their research, 11 out of 100 speed-limited trucks are involved in accidents, while among trucks without speed limiters, that rate is 16.4 out of 100 trucks. Additionally, the Department of Transportation believes that requiring the use of speed limiters with a top speed set at 60 mph could result in a savings of well over $800 million in fuel-related costs. “Even small increases in speed have large effects on the force of impact,” said Mark Rosekind, NHTSA administrator. “Setting the speed limit on heavy vehicles makes sense for safety and the environment.”

Many transportation and shipping industry advocates are strongly in favor of the rule, as well. Chris Spear, the CEO of the American Trucking Association, described his organization’s long-time advocacy for such a rule. “We are pleased NHTSA and FMCSA have, almost 10 years after we first petitioned them, released this proposal to mandate the electronic limiting of commercial vehicle speeds,” he said. “Speed is a major contributor to truck accidents and by reducing speeds, we believe we can contribute to a reduction in accidents and fatalities on our highways.”

If you’ve been injured in an accident with a large truck in Alabama, seek the money you need to be made whole after a crash by contacting the dedicated and compassionate Montgomery personal injury attorneys at McPhillips Shinbaum, “The People’s Law Firm,” for a consultation, at 334-262-1911.

Lane Drift Accidents and Their Causes

Lane-Drift Accidents and Their Causes

Lane-drift accidents can happen in a moment, even if your attention is only briefly drawn away from the road. A recent study looked at the causes of lane-drift or lane-departure accidents, and ways that technology can better prevent these types of crashes.

The Insurance Institute for Highway Safety (IIHS) conducted a study on the causes of lane-drift or lane-departure accidents, using data on 631 such accidents as reported to a federal database. 125 of these motor vehicle accidents caused serious or fatal injuries. The IIHS found that, in 34% of all accidents and 42% of all accidents causing death or serious injury, the at-fault driver was incapacitated at the time of the crash. One-half of these drivers had fallen asleep, while the remainder had become incapacitated due to either a medical emergency, such as a seizure or heart attack, or due to intoxication by drugs or alcohol. An additional 8% of crashes resulted from a driver who was found to be legally intoxicated, but who remained conscious. 22% of all lane-drift accidents were the result of driver distraction.

Many new vehicles now offer lane-departure warning systems, which use cameras and sensors to detect whether or not the car is staying in its lane of traffic, alerting the driver with visual or auditory cues if the car has left its lane. However, few such systems offer course-correction capabilities, steering the car back into its lane when it departs unexpectedly. The IIHS suggests, based on the results of its study, that a simple warning is insufficient to prevent a large portion of lane-departure crashes, since many of these drivers have become unconscious; these systems should therefore offer course-correction to become more effective, according to the IIHS.

Sometimes driver incapacity may be entirely unavoidable and something that the driver had no way to predict or prevent. In certain cases, however, drivers may have understood the risk they were taking by getting behind the wheel but chose to do so anyhow. For example, if a driver who was aware that he or she experienced seizures on a regular basis failed to take medicine prescribed for these seizures but still chose to drive, that driver could be held liable for injuries caused by an incapacity-related crash. Likewise, drivers who are aware that their prescribed medications make them drowsy can be held financially responsible for accidents caused by drug-related incapacity. A personal injury attorney experienced in investigating car accidents can help you determine the reasons for a crash that establish the other driver’s liability to you.

If you’ve been injured in an accident due to another person’s negligence, contact your local experienced personal injury attorneys at McPhillips Shinbaum at 334-262-1911.

Ikea Paying 50 Million in Claims

IKEA Will Pay $50 Million to Settle Wrongful Death Claims

Nothing could be more heartbreaking to a parent than the thought of losing their child in a preventable accident. Tragically, four sets of parents have suffered the deaths of their children as the result of flaws in the design of certain pieces of furniture created and sold by Swedish manufacturer IKEA. Recently, the parents were awarded a collective settlement of $50 million to three of the four families that lost a young child when a piece of furniture toppled onto them.

The trouble with IKEA’s MALM line of furniture began years ago, long before the company took any steps to remedy the issue. As far back as 1989, IKEA began to receive reports of serious injuries and deaths resulting from an item from the MALM line falling over and onto a young child. Most of the seriously-injured victims of the defective IKEA dressers have in fact been toddlers. Finally, IKEA took action, but according to safety experts and federal regulators, the action was too little, too late. During the summer of 2015, IKEA announced the necessity of anchoring the MALM dressers and other pieces of furniture to the wall due to the tipping risk, and offered customers a wall anchoring kit through the mail. Many customers did not understand the massive risks their children faced as the result of having an un-anchored dresser in their kids’ bedrooms, however, and either failed to request an anchor kit, or simply didn’t receive one in time. In fact, in at least one case, a child was seriously injured by a tipping MALM dresser after the child’s mother had requested a wall anchoring kit from IKEA, but before the kit was received. Sadly, four children were killed in recent years by a toppling MALM dresser. Finally, in June of 2016, the Consumer Product Safety Commission ordered IKEA to conduct a recall of the 29 million pieces of furniture from the MALM line, after yet more children were injured or killed.

Three of the four families who lost a child banded together to take action against the retailer, filing a wrongful death lawsuit against IKEA in a Philadelphia court. After apparently-damning evidence surfaced that provided what one attorney considered “100 percent” leverage in favor of the plaintiffs’ arguments that IKEA knew but ignored the risks that MALM furniture posed, the retailer settled. The families will now share the $50 million settlement between themselves, with a portion going to attorneys’ fees. One of the plaintiff parents made her contempt for the discount furniture retailer known after the settlement was announced: “To you, this is another number, a statistic, a business decision. You get to go home to your families at night. I go home to a quiet house that used to be filled with laughter and smiles.”

If you or a loved one have been injured by a defective product in Alabama, contact the dedicated, compassionate, and effective Montgomery personal injury lawyers at McPhillips Shinbaum to determine if you have a claim for damages, at 334-262-1911.

Guy drinking while driving

2015 the First in Fifty Years to be More Fatal than The Last

Each year, rule-makers and private safety experts alike expect the annual fatality rate from traffic accidents to decrease; normally, the only question is how substantial the decrease will be from the previous year’s rate. However, 2015 holds the dubious distinction of being the first year since the 1960s where more people were killed in traffic accidents than in the previous year. In fact, the overall fatality rate rose by a sobering 7.7% in 2015, with an additional 2,500 individuals killed on American roadways over 2014’s total.

The statistics are the result of preliminary analysis of fatality statistics conducted by the National Highway Traffic Safety Administration (NHTSA), and may be amended after the federal rulemaking body has the opportunity to examine accident data more closely. Increased fatality rates occurred across nearly all categories of accident and vehicle. Driver deaths increased by 6%, and passenger death by 7%. Motorcyclists experienced a 9% jump in fatality rates, and fatal accidents involving large trucks jumped by 4%. Those on the road but not in a motor vehicle experienced some of the largest increases in fatality rate, with pedestrian deaths increasing by 10%, and bicyclist deaths rising by 13%.

One of the leading causes for increased fatality rates is an improving economy. As more people get jobs, they are forced to commute to work on a daily basis, increasing their miles traveled. Additionally, work affords greater disposable income, which can be spent on longer drives and road trips, as well as money that can be provided to teens to drive themselves. Additionally, falling gas prices made driving itself cheaper. However, the overall increase in vehicle miles traveled in 2015 was only 3.5%, leaving a large unexplained portion of the increased number of roadway deaths.

The administrator of the NHTSA, Mark Rosekind, explained that several factors tend to arise again and again in fatal accident investigations. “The data tell us that people die when they drive drunk, distracted, or drowsy, or if they are speeding or unbuckled. While there have been enormous improvements in many of these areas, we need to find new solutions to end traffic fatalities,” he stated.

If you or someone you love has been hurt by a distracted, drunken, or otherwise negligent driver in Alabama, contact the People’s law firm of McPhillips Shinbaum for a consultation, at 334-262-1911. Let our family help yours.

Later Curfews = More Fatal Teen Accidents

Later Curfews Cause More Fatal Accidents among Teen Drivers

Nearly all states across the US use a graduated driver’s license system which prevents young drivers from being on the road alone at night in their first year of having a license. Recent studies have shown, however, that existing laws are insufficient to protect teen drivers from injuries incurred when on the road late at night.

According to research conducted by the Centers for Disease Control and Prevention, nearly a third of all fatal auto accidents involving drivers between age 16 and 17 occur between 9:00pm and 5:59am. Within that percentage, 57% of those accidents occurred prior to 12:00 am. Despite the fact that most accidents occur earlier, most states have a curfew that begins at midnight and runs into the morning. While 31% of all teen driver fatalities occurred between the hours of 9:00 pm and 5:59 am, only 11% of the trips teens took occurred between those hours, meaning that a disproportionate number of these late night trips resulted in a fatality.

In the state of Alabama, drivers between the ages of 16 and 17 who have a graduated license are not permitted to drive between midnight and 6:00 am, unless they are traveling for a school or work event, a religious event, to hunting or fishing activities for which they have an active permit, or are with a parent or licensed adult over 21 who has their parents’ consent. This late curfew, coupled with the abundant exceptions, result in a law that fails to meet the CDC’s recommendations regarding restrictions on new drivers.

Car accidents remain the number one way that teenagers are killed. Even though teen drivers constitute only 8% of drivers on the road, they are involved in 20% of all accidents. While teen fatalities in car accidents have decreased over the past 20 years, it remains true that teen drivers are twice as likely to receive fatal injuries in a car accident than are adult drivers.

If you or someone you love has been seriously injured in an accident with a negligent or reckless driver in Alabama, seek the damages to which you’re entitled for your injuries, such as medical expenses, lost wages, and pain and suffering, by contacting the compassionate and knowledgeable Montgomery personal injury attorneys at McPhillips Shinbaum for a free consultation, at 334-262-1911.