Critical Steps After An Accident

Protect Yourself First

 

An accident happens in an instant, but it can have consequences that last a lifetime. In one moment you are going about the normal parts of your life and in the next moment, you or a loved one is trading insurance information, being examined by paramedics or rushed to the nearest hospital.

A day that began carrying the kids to school, communing to work, picking up the dry cleaning, running errands...it can all change in an instant. Then, in a panic and sometimes shock, what you do next is sometimes not very well thought out.

There is simply no way to plan for an accident, however there are several things that you can do following a car wreck for yourself or your loved ones if you are able.

Your first priority is to seek medical attention for the treatment of your injuries and having a medical record of your injury and treatment is important.

Next, try and get photos of any evidence, your automobile,  and your injuries. Then, make sure you keep track of all medical costs and expenses related to the accident and your injuries. Make sure to request a copy of any accident or police report and avoid signing any releases. If your insurance company is trying to make a deal with you, make sure that you get those in writing.

Insurance companies often times want to rush accident victims into insignificant settlements and with those come release forms. Unfortunately, you may not know the extent of a long-term or permanent injury for several weeks or months. On the other hand, if you haven't received an offer from the insurance company within 6 months, you may need to seek legal representation to protect your rights.

Insurance companies know that the average layperson has no real objective way to evaluate the actual monetary value of a legal claim resulting from a car crash. The adjuster who calls you may seem amicable and genuinely helpful, but the goal of the conversation is to get you to settle the claim quickly for far less than its actual value. Especially in cases where the liability of the insurance company's insured.

Linton & Associates specializes in personal injury claims and we know how to handle the mistreatment of unfair compensation from insurance companies following car wrecks. Call us and expect a free consultation and review of your case.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  What to do after an automobile accident, Personal Injury, Mistreatment of Insurance Companies.

$3 Million Jury Award in Tired Trucker Accident

A  federal jury in Florida has awarded the family of a 33-year-old man who was killed in 2009 by a fatigued truck driver $3 million. The case involved a collision between two commercial tractor-trailers. The driver of the at-fault truck failed to yield the right of way and caused the victim's truck to hit the back of her truck.

The at-fault driver testified in court that she saw lights coming, but felt that they were far away. Testimony revealed that she had been on duty for about 19 hours prior to the accident, which was in violation of the 14-hour "Hour of Service" Rule of the Motor Carrier Safety Act.

Unfortunately, large companies routinely push commercial truck drivers to break the law in order to make delivery deadlines. It is a very common practice and is responsible for many injuries and deaths each year in our country. These companies have to be held accountable and forced to stop making shipping deadlines more important that human lives.

From 1986-2006, there was a 49 percent increase in registered large trucks, equaling 8.8 million trucks throughout the country and a 76 percent hike in miles traveled by large trucks. Tractor-trailers pose a much greater risk of being involved in a rollover or jack-knife accident, due to their immense size. The national 2007 facts about truck accidents are unsettling:

• There were 4,584 trucks involved in fatal accidents.
• There were 4,808 fatalities in crashes involving semi-trucks.
• There were 139,587 commercial trucks involved in non-fatal accidents.
• There were 56,487 semi-trucks involved in injury collisions.
• There were 83,908 injuries in crashes involving commercial trucks.
• There were 83,100 trucks involved in tow away accidents.
• There were 2,248 large trucks involved in Hazmat placard crashes.

Source, Fatality Analysis Reporting System (FARS), Motor Carrier Management Information System (MCMIS)

If you or someone you love has been injured by the wrongdoing of another, contact us today at Linton & Associates for your free consultation. We will fight for you against these large companies and ensure that they are held accountable for the injuries that they have caused you to suffer.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  At-Fault Driver Accidents, Semi-Tractor Trailer Accidents, Settlements, Personal Injury, Wrongful Death

Family Awarded $2.9 Million

The family of a 14-year-old girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County, Pennsylvania judge.  The case was decided without a jury.

The girl, who was about to begin ninth grade, fell victim to a hit-and-run accident and killed by a 21-year-old who was intoxicated at the time and was driving with a suspended license. The at-fault driver was arrested for hit-and-run DUI and later plead guilty and is still in prison today. No amount of money will bring this precious little girl back to her family.

However, it allows the family to hold on to the fact that the person responsible for killing their daughter is being held responsible and is not just going to be free to do this to other innocent victims.

If you or someone you love have been injured as a result of someone's  carelessness or recklessness, contact Linton & Associates today for your free consultation. We are Alabama injury lawyers that come to you no matter where you are located. We have the knowledge and the resources to hold accountable those that harm you.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, DUI Accidents, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  Hit-And-Run, Hit and Run, DUI Accidents, Pedestrian Hit and Run, 14-Year Old Pennsylvania Girl Hit and Run, Personal Injury, Family Settlement

What Are Dram Shop Laws?

Many people are unaware of laws related to dram shops. In general, these laws make liable vendors that sell or furnish alcohol to people already visibly intoxicated when that person injures another. The act says that a person who knowingly sells alcoholic beverages to a noticeably intoxicated person, knowing that such person will soon be driving, may become liable.

Alabama code section 6-5-71 provides a cause of action for spouses, parents, and children who shall be injured in person, property or means of support by any intoxicated person. This section grants these individuals a right of action against any person who shall by selling, giving, or disposing of alcohol to another, contrary to the provisions of law.

There are many examples of bars, restaurants, convenience stores, etc., putting profits above the safety of others by continuing to provide alcohol to intoxicated patrons. Often times people are injured or killed by a drunk driver and never find out one of the main causes for their injuries was the fact that an establishment continued to serve a drunk patron and did nothing to keep them off the road.

Last month a jury returned a $1 million verdict against a country club in a case where it continued to serve an intoxicated patron and later that patron hit and injured another person. Drinking and driving are a deadly mix and the results can be either serious injury or deaths for innocent victims. If you or a loved one have been injured as a result of a drunk driver, contact us for your free evaluation. We can investigate the circumstances surrounding your injuries and find those responsible that may otherwise go undetected. At Linton & Associates, we are Alabama injury attorneys that focus on drunk driving accidents and alcohol server liability. We have the knowledge and resources to fight for you and win.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  Alabama Drunk Driving, Alabama Alcohol Server Liability, Alabama Dram Shop Laws

Realities of Driver Fatigue

Driving fatigue is a cause of motor vehicle crashes that many do not consider when they think of causes of crashes. However, drivers fatigue can be just as deadly as driving under the influence of drugs or alcohol, speeding, and driving distracted. Driving fatigue is a serious issue and the monetary costs related to fatigue driving are hundreds of millions of dollars. The loss of human lives is even greater. Take the Driver Fatigue Quiz to test your knowledge of the dangers of driving while fatigued.

It never ceases to amaze us at Linton & Associates as to the lengths that many people will push to obtain greater profits. We are currently litigating a case against a commercial motor vehicle carrier that pushed their driver to break the law and kill innocent people. We have recently developed a time line of the truck drivers' trip and learned that this driver had been driving for 44 hours with only less than 4 hours of stops. This driver only stopped for fuel and never took a break. As a result of their actions, one person is dead, one is severely injured, and a family has been changed forever. Rest assured that we are going to prosecute this case to the fullest extent so that maybe, this company will choose to follow the rules in the future.

If you or someone you know has been injured due to the negligence of another, please contact Linton & Associates for a free consultation. We have the knowledge and the resources necessary to deliver justice.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords:  Driver Fatigue Alabama, Driver Fatigue Test, Commercial Driver Fatigue, Commercial Vehicle Accients

Jury Awards $5,000,000 Verdit in Commercial Bus Crash

A New York County jury returned a verdict in the amount of $5,000,000 on behalf of a 48 year old advertising executive who was a passenger in a motor vehicle which was rear-ended by a commercial bus. As a result, he suffered mild traumatic brain injury.

If you or a loved on has been injured by a commercial vehicle, contact Linton & Associates for a free consultation and review of your case.

Linton & Associates has the knowledge and resources to hold the responsible parties accountable for the pain they have caused you and your family.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Keywords: New York County Jury Awards $5M, Mild Traumatic Brain Injury,

Fourth of July Holiday Travel

The Alabama Department of Public Safety has released the figures on fatal crashes that occurred over the fourth of July holiday period and while there were fewer lives lost than last year, there is still a long way to go to make the roadways safer in Alabama. Alabama State Troopers investigated a total of nine fatal traffic crashes according to the Alabama Department of Public Safety http://www.dps.state.al.us/Home/. It estimated that alcohol was a factor in the majority of the crashes. The fatal crashes occurred in Baldwin, Wilcox, Houston, Dallas, Jefferson, St. Clair, Talladega and Limestone counties. In addition, troopers investigated 350 traffic accidents over the holiday period.

If you or a loved one has been injured due to the negligence of another driver, please feel free to contact Linton & Associates for help. We will be on your side to ensure that you are treated fairly by the responsible party. You contact us at mailto: mailto:info@linton-associates.com

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

What To Do If You Are Involved In a Car Accident During July 4th Holiday

It is a sobering fact that many people will be victims of car crashes over the upcoming 4th of July holiday. It should be a time that we celebrate with our friends and family and give thanks for our many freedoms. However, for some families it will be a time where their world is literally turned upside down. If you or someone you are close to is involved in a motor vehicle collision over the holiday period, there are several things that you should immediately do in order to protect your rights to be justly compensated for your injuries. Rest assured that the powerful insurance companies have the resources and are using them any way that they can to not pay you what you are rightfully owed. No amount of money can bring back a lost loved one or adequately compensate for the injuries you have to live with the rest of your life, but during this time you owe it to yourself and loved ones to seek just compensation so that your physical needs are taken care of and you do not have to worry about them while you are grieving your loss.

After an accident, the first thing to remember is to not talk to anyone other than the police about what happened in the accident. Even then, you should never admit liability. If you do not remember something that happened, it is completely ok to say "I don't remember." I recently represented a woman that was t-boned while traveling through a downtown intersection. She was knocked unconscious and she really did not remember anything about the accident. When she came to me for help she told me that she really did not know what happened and she wondered if she was at fault. Through our investigation we discovered that the vehicle that hit her actually ran the red light and the driver was under the influence of alcohol. That goes to show you that it is better to say I do not remember while you are still under the stress following a collision.

If you are involved in an accident with a commercial vehicle, that company's representatives and insurance company are immediately building a case to not compensate you. They routinely alter or destroy evidence that would be dis favorable to them. They contact you or your family representatives and lie to you about what happened and what coverages are available. You need someone like Linton & Associates to stand in your place to protect your interests while you focus on caring for your loved ones and grieving your loss. We would immediately secure the necessary evidence to avoid it getting lost or concealed by the commercial companies. This is a crucial component of successfully pursuing a claim because there are many pieces of evidence critical to your claim that could be gone forever.

Another major step of making a successful claim is to make sure you know where your vehicle was towed to and that it is secure. Many times, insurance companies will quickly pay you for your loss of property and once they do, they own the car. They sell the cars to scrap yards and soon it is gone forever. It is extremely important that your vehicle be preserved until such time as it can be inspected by qualified experts. This allows the experts to determine facts surrounding the accident that cannot be disproved by the defendant. Also, many deaths and injuries are caused by defective automobiles and in order to make a products liability claim, you absolutely must have possession of the car. At http://www.linton-associates.com/ we will make sure your vehicle is moved to a secure storage facility and the integrity of the evidence is properly preserved so that your chance of successfully pursuing your claim is maximized.

If you or someone you know is injured by a motor vehicle accident, contact us at mailto:info@linton-associates.com and we will take the burden of dealing with these issues off of you and give you the time you need to be with your loved ones and grieve your loss.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.

Linton & Associates, LLC has launched a new website. Check us out at http://www.linton-associates.com/ We are a full service law firm dedicated to serving you when you have been injured as a result of another's wrongdoing.

My name is Christopher S. Linton, Attorney at Linton and Associates Law Firm in Birmingham, Alabama. We specialize in Personal Injury, Wrongful Death, Premises and Product Liability, Auto Accidents and Infant Injury and Death.