Tag Archive for: motor vehicle crash liability

Help is Only a Heartbeat Away logo with McPhillips Shinbaum Attorneys

Who Is At Fault in a High-Speed Chase?

/by

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.

Help is Only a Heartbeat Away logo with McPhillips Shinbaum Attorneys

Beware of Trucking Company Adjusters After a Crash with an 18-Wheeler

/by

A serious accident can happen to anyone at any time. This past summer, a sedan driving along Alabama 79 in northeast Birmingham collided with a flatbed 18-wheeler and caught fire, resulting in immediate death for the passenger of the car.  Collisions between cars and tractor trailer trucks often result in serious or fatal crashes.  Statistics compiled by the Federal Motor Carrier Safety Administration indicate that fatal accidents on U.S. roads involving large trucks increased by 8.7 percent from 2010 to 2011 while all other kinds of vehicle accident fatalities decreased.

If you are involved in an accident with an 18-wheeler, beware. Major trucking carriers have dedicated insurance adjusters whose main objective is to protect drivers and their employers from large injury lawsuits. One of their tactics is to show up on the scene of an accident or shortly thereafter and make on-the-spot settlement offers to injury victims. Trucking company lawyers and their insurance adjusters count on the victims’ lack of understanding regarding how much injuries may cost over time and the victims’ worries over short-term medical bills. Do not fall for these tactics. Once you have accepted such an offer, you may not reopen your claim. Check with a lawyer before signing anything after an accident.

Truck accident cases are often far more complex than those involving only passenger vehicles, so it is important to involve an attorney. There may be several parties liable for the accident:

  • The truck driver
  • The driver’s employer
  • The owner of the truck
  • The manufacturer of the truck or of any of its parts (including the wheels)
  • The company responsible for maintaining the truck

A loading company may be found primarily responsible for the accident if improperly secured cargo shifted during transit and fell into the road damaging other vehicles or causing the entire truck to fall off balance.

Although a car is no match for a big commercial truck on the road, this is not the case in court — that is, if you hire an experienced lawyer with knowledge of the trucking industry.  Call our office today for a consultation.