texting while driving

texting while driving

Man Convicted in the State’s first Texting-while-Driving Manslaughter Case

A Mobile, Alabama man was convicted in the state’s first texting-while-driving manslaughter case. Prosecutors claimed Jonathan Raynes was “fixated on his phone” flipping between Facebook, Kik, My Yearbook and the dating site Badoo in the moments leading up to the crash. Alabama State Troopers say Miranda Hamilton died after Raynes’ pickup truck crossed the centerline on Lott Road just west of Schillinger’s Road, veered into oncoming traffic and slammed into the truck Hamilton was driving.

For more info about the texting-while-driving verdict today, visit al.com.

Sometimes people are involved in automobile accidents and the use of a cell phone is a cause or a factor in the accident. If you have been in an automobile accident and believe that the other driver was using a cell phone when the accident occurred you may need an Alabama car wreck lawyer.  You should also should take the following steps to protect yourself and prepare for what is to come:

  • Stay calm and try to record information about the accident. Write down the accident time because your Alabama car wreck attorney may compare the time of the accident with the others driver’s cell phone records. Tell the police officers the time the accident occurred and ask them to write it on their report.
  • Talk to any witnesses and ask them if they observed the other driving using a cell phone. Witnesses may be able to testify to this fact.
  • When you talk to the other driver, ask them, “Were you talking on your cell phone?” Any witnesses may be able to testify that they heard the driver saying, “yes.”
  • You may request that the police officer check the other driver’s cell phone for their cell phone number as well as making a note of their last calls made and received.
  • If the other driver refuses to allow the police officer to see their cell phone, then the officer may ask them for their cell phone number.
  • Once you have received medical treatment, you should contact an automobile accident attorney. Your auto accident attorney may ask the court to legally preserve the other driver’s cell phone records and relate them to the accident time. This information can help you prove the case in court that the other driver was negligent due to cell phone usage.

Taylor Martino is a law firm serving Alabama and Mississippi. Our Alabama car wreck attorneys have more than 30 years’ experience in handling auto accident cases and we will happily provide a free case consultation. Contact our Alabama car wreck lawyers at Taylor Martino P.C. today!

 

TAYLOR MARTINO, P.C.
PERSONAL INJURY LAWYERS
51 Saint Joseph Street
Mobile, Alabama 36602
Toll Free: 1-800-256-7728
Main Tel:  251-433-3131
Follow us on Facebook

 

Truck Collisions – Do you need a Truck Accident Lawyer in Mobile, AL?

Tractor trailers deliver goods all over the country every day of the week. Their drivers often work brutal hours and travel great distances, all while dealing with the pressure of tight deadlines—and in some cases, while carrying hazardous cargo. The combination of these factors create a potent mix that can lead to serious or fatal truck collisions, and many truck drivers find themselves needing a truck accident lawyer in Mobile, AL.

Because of tractor trailers’ massive size and weight, when they get into a collision, it is often horrific in nature: and more often than not, it’s not the truck driver who suffers. When involved in fatal truck accidents, the truck driver survives over 86 percent of the time. There are a variety of factors at play, but the biggest reason is that huge trucks offer a great deal of protection to their drivers; for the other vehicle involved, however, that size dramatically increases the chance of fatalities. According to a 2008 federal report, 8 percent of all motor vehicle fatalities involve large trucks, while those same trucks make up only 2 percent of motor vehicle injuries. The most common scenario in these types of crashes is a truck jackknifing due to equipment failure, improper braking, or adverse road conditions.

Reasons for Truck Collisions – Reasons you may need a Truck Accident Attorney in Mobile, AL.

Knowing your rights will help you make an informed choice should you need to contact a truck accident attorney in Mobile, AL. The following is a list of the most common reasons for truck accidents and injuries we currently see in our office.

  • Vehicle malfunction. The biggest culprit in this category is defective brakes. A 2006 federal study showed that deficient or poorly adjusted brakes were a factor in 29.4 percent of all fatal truck crashes, and that about 19 percent of all inspected commercial vehicles were found to have brake defects. Other causes include light/marker/signal malfunctions, lack of proper tire pressure, and suspension problems.
  • Driver speeding, often to meet a deadline.
  • Driver fatigue.
  • Driver inexperience.
  • Driver inattention, often due to eating or talking. This is one factor that leads to the single biggest cause of truck fatalities: the failure of the driver to stay in the proper lane.
  • Unsafe driving given inclement weather conditions.
  • Overloading of cargo

Although truck driver training is rigorous, if a commercial trucking company is facing tight deadlines, they may put drivers on the road after incomplete or inadequate training. In addition, one of the agreements in the North American Free Trade Agreement (NAFTA) makes it easier for Mexican truck drivers, whose training is less intense than that of their American counterparts, to work in this country.

Though there are always multiple factors contributing to any car accident, when a truck is involved, the stakes are immediately raised. Not only does the size and weight of the truck increase the chance of serious personal injury, a truck’s cargo can create health problems as well. Overturned trucks carrying hazardous waste, flammable liquids, or other toxic materials can put you in immediate danger, even if you are not personally involved in the accident.

When to Consult a Truck Accident Lawyer in Mobile, AL.

If you or a loved one has been injured in a truck accident in the Gulf Coast Area, then please contact Taylor Martin, P.C. Speaking with an experienced Truck Accident Lawyer in Mobile, AL can help you decide the best course of action.

no zone

no zone

Consulting a Truck Wreck Lawyer in Mobile, AL.

Alabama’s Department of Transportation reports that there were more than 9,000 vehicle crashes involving trucks in 2015, the most recent year that data is available at this time. This is the highest number of truck-involved crashes in nearly a decade.

When these accidents happen, they are nearly always preventable. Consulting a truck wreck lawyer in Mobile, AL  is the first step to knowing your rights. Unfortunately, due to their size and weight, semi-trucks tower over other passenger vehicles and are at a distinct disadvantage. While many people believe that these truck drivers have a bird’s eye view of everything happening on the road, this isn’t the case. The truth is that commercial trucks have limited visibility. Specifically, they have several blind spots that are referred to as “no zones.”

What is a Truck’s “No Zone”? – Why you should consult a Mobile, AL Truck Wreck Lawyer

The term “no zone” comes from the Federal Motor Carrier Administration (FMCSA), which has identified large areas around a commercial truck where the truck’s driver is unable to see passenger vehicles clearly, if at all. These are areas of limited visibility and where a truck crash is most likely to happen. There are four “no zone” areas around a truck.

The Front No Zone – Consult our Mobile, AL Truck Wreck Attorneys

Large commercial trucks can often move slow, which is frustrating for other drivers on the road. If you’ve ever been stuck behind a semi-truck for miles, you probably understand the temptation to swerve around them at the first opportunity.

This is a dangerous maneuver because there is a front blind spot with tractor-trailers that can extend as far as 20 feet beyond the truck’s cab. A Semi truck driver generally can’t see a vehicle in this zone, which can be deadly if a sudden stop becomes necessary.

If the truck driver can’t see a car directly in front of them, they will not be able to accurately judge their distance to stop. Thinking that the car ahead of you is the next car in line could lead to a dangerous accident where your vehicle becomes sandwiched in between a massive truck and another car.

The Rear No Zone – Consult our Mobile, AL Truck Wreck Lawyers

Tractor-trailers also have a significant blind spot immediately behind the semi’s trailer. Extending up to 200 feet, the no zone in the rear of the truck is not something you want to ignore. A motorist who follows a semi too closely could become involved in a serious accident since the truck driver may have no idea that you are behind them.

If a truck stops too fast and your car is in this no zone, you risk being involved in an underride accident. This happens when a passenger vehicle slides underneath a trailer, usually cutting off the top of the car and causing significant injury or even death to the vehicle’s occupants.

The Right No Zone – Consult a Mobile, AL Truck Wreck Attorney

Believe it or not, a truck’s right no zone is the largest of the four blind spots. This area can extend as far as three lanes of traffic and begins roughly around the semi’s passenger side cab door. The blind spot extends outward to cover the lanes to the right of the truck.

Therefore it is so dangerous to pass a truck on the right or remain in a truck’s right no zone. If the driver can’t see you, you run the risk of getting hit or trapped when a truck makes an unexpected wide right turn.

The Left No Zone – Consult a Truck Wreck Lawyer in Mobile, AL

The no zone on the left side of the truck is the smallest blind spot, but it can still be a dangerous zone for drivers. The rule of thumb is that if you can’t see the tractor-trailer’s mirrors, the driver of the truck probably can’t see you either.

Safely Sharing the Road with Semi Trucks – Why consulting a Truck Wreck Attorney in Mobile, AL is the Right Choice

There are an estimated 15.5 million commercial trucks in the U.S., 2 million of which are tractor trailers. Sharing the road with these trucks can be dangerous, but you can take some steps to keep yourself and your passengers safe.

The first thing you can do is stay out of truck no-zones as much as possible. If you must pass a tractor-trailer, always do so on the left. Also, adjust your vehicle’s mirrors so that you can minimize your own blind spots and reduce the chances of an accident. If a crash does occur, you should speak with an experienced truck wreck lawyer in Mobile, AL to learn about your rights.

Speak with Qualified Truck Wreck Lawyers in Mobile, AL

If you have been involved in a crash with a commercial truck, please contact Taylor Martino as soon as possible. Our experienced truck wreck lawyers in Mobile, AL will investigate your accident and fight for the compensation you deserve. To schedule your free consultation with a Mobile, AL truck accident lawyer at Taylor Martino P.C., call us at 1-800-256-7728 or contact us online today.

Brain Injury Lawyers & Car Accident Attorneys in Mobile, AL - TheTruth About TBI's

If you’ve been following the news recently, you’ve certainly read about the rise in concussion awareness in football. From high school athletes up to the NFL superstars we cheer on from our living rooms on Sunday nights, the guys who push their bodies to the limits in the weight room and on the gridiron are out there taking some serious hard hits with some seriously heavy consequences. These injuries are so serious, in fact, that recent studies have drawn parallels between the traumatic brain injuries sustained during football and those occurring during car crashes.

According to a Virginia Tech study, football players that receive a blow to the head 30 to 50 times a game experience the same impact as passengers in a car crash. Of course, given the fact that many more people drive cars than play football, a traumatic brain injury as a result of a car crash is more likely. Still, it’s shocking to think that a machine the likes of a car (i.e., made of steel) has the same impact on a human body as a person ramming into another person.

 

Many of the injuries sustained during football games and in car crashes end up being concussions—of which recently we’ve learned to pay much more attention to. Classified as a minor traumatic brain injury, concussions take place when the head hits another object or a moving object hits the head. Concussions can occur in car accidents, sports games, and even in the event of a fall. The brain is jostled within the skull as the result, causing the individual to lose alertness or even consciousness. And it’s not uncommon for people who become concussed to not realize it—often times it’s reported that those who have suffered a minor traumatic brain injury see black or white in their vision or “see stars.” While short-term effects of concussions can include headaches, dizziness, and nausea (all of which are wholly unpleasant), the long-term effects are even more dire. Days or even weeks after a concussion, many people report personality changes like inexplicable irritability, trouble concentrating, memory problems, sensitivity to light and noise, sleep disturbances, and even depression. Because of all of the complications associated with minor traumatic brain injuries—whether moments later or weeks after the after the fact—it’s important to take note of how you feel and seek medical attention when you notice changes to your physical or mental state.

 

Bodies colliding into one another on the football field and automobile crashes have other serious injury implications beyond those traumatic brain injuries, too. Car accident victims often suffer chronic back pain from the impact much like athletes who have chronic back pain from overuse or a big hit that damages the back and spine. Fortunately, the team of skilled traumatic brain injury attorneys at Mobile, Alabama-based Taylor Martino, P.C. are ready to help you seek compensation for any and all serious injuries sustained through car accidents or even a negligent athletics department.

 

Traumatic brain injuries and various other life-altering damages to the body are classified as catastrophic injuries. If you’ve suffered a catastrophic injury in Alabama, and this injury was caused by no fault of your own, you have the right to seek the full value of your damages from the at-fault party. This means that you have the right to file a claim with the responsible party’s insurance, or you can file a lawsuit for compensation directly against the at-fault party. What’s more, you can seek compensation for your actual monetary losses and intangible losses, which can range from the value of pain and suffering to the loss of quality of life.

 

If you have suffered a serious injury and are uncertain about what to do next, you can find real, accessible help at Taylor Martino. The compassionate team of talented catastrophic brain injury lawyers and car accident attorneys in Mobile, AL seek to make absolutely certain that you are compensated for your injuries, and they know what it takes to get you the settlement you deserve.

To schedule a free, no-obligation consultation with Taylor Martino today, please call 1-800-256-7728 or request a call back TODAY.

 

Drowsy Truck Drivers and Accidents - Taylor Martino

Drowsy Truck Drivers and Accidents - Taylor Martino

 

Drowsy Driving and Truck Accidents: When to Call a Mobile, Alabama Truck Accident Lawyer at Taylor Martino P.C.

Huge powerful trucks of deserve respect on the road, demand exceptional driver focus, added caution, a dedication to obeying traffic laws, and most importantly a driver that is well rested and attentive. Even with the best of intentions, dangerous collisions still occur. And that’s when calling upon a Mobile, AL Truck Accident Lawyer becomes most important. Recently, the National Sleep Foundation (NSF) conducted a survey that determined a person being awake for 17 consecutive hours produced the same effect as having a blood alcohol concentration (BAC) of five percent. The legal definition of impairment in Alabama is eight percent. The NSF also identified five factors that lead to fatigue while driving, all of which affect people who drive a truck for a living more than others. These include:

  • Erratic behavior caused by sleepiness: While falling asleep at the wheel is an obvious cause of trucking accidents, it’s far from the only one. Sleepy drivers engage in other types of dangerous behavior, including driving too fast and exercising poor judgment. Like driving while intoxicated, driving while drowsy causes slower reaction times, poor coordination, lack of concentration, and unclear vision.
  • Highway hypnosis: This condition occurs after long stretches of driving, with or without passengers in the vehicle. It causes drivers to be less aware of their surroundings and almost as though they are operating in a dream instead of real life.
  • Shift work: People who work irregular hours, including those who work overnight shifts, are more likely to feel drowsy while driving than those who work a typical daytime schedule. Driving at night is already more challenging due to the reduced visibility and dealing with the constant glare from headlights and stoplights. Night shift workers must also fight the body’s natural tendency to desire sleep once it’s dark outside. This is one reason why crashes involving commercial trucks peak in the overnight hours.
  • Sleep apnea: According to the Federal Motor Carrier Safety Association (FMCSA), up to 25 percent of big rig drivers suffer from sleep apnea. This condition disturbs normal breathing patterns and makes it challenging for people who have it to get a good night’s rest. Although federal laws prohibit those with sleep apnea from driving a commercial truck, many people who apply for this work don’t know that they have the condition. Sometimes employers do know about a trucker’s sleep apnea and insist that he or she drive anyway.
  • Sleep deprivation: With their regular long shifts, commercial truck drivers are more likely than other drivers to suffer from chronic sleep deprivation. The NSF reports that the risk of a crash increases by up to five times when a driver has had less than eight hours of sleep the night before the accident.

There’s also the fact that employers may offer incentives to drivers who disregard safety rules such as a mandatory rest period and focus on production instead. In addition to providing bonuses for deliveries that arrive on time or ahead of schedule, employers may illegally threaten to fire drivers who don’t meet their daily quota even if it means compromising on safety.

Laws to Prevent Drowsy Driving Truck Accidents

Together with the FMSCA, the United States Department of Transportation (DOT) has helped to push through legislation aimed at reducing these accidents. Truck drivers may not work more than 70 hours in eight days or drive more than 11 hours after being off duty for 10 hours. Even so, it’s not uncommon to falsify driving and rest break reports due to employer pressure. This is one reason why accidents between big rigs and passenger vehicles keep happening.

You Need a Mobile, Alabama Truck Accident Attorney

Trucking companies have the resources to protect themselves from personal injury claims even if it means denying the truth. If you have been injured by a commercial truck driver, we invite you to contact the experienced Mobile, Alabama Truck Accident Attorneys at Taylor Martino at 1-800-256-7728 to request a free and confidential review of your case. We’re prepared to fight for your right to receive fair compensation and are not intimidated by commercial trucking companies, their lawyers, or their insurance agents.

Not All Injuries Heal: Understanding the long-lasting effects of a traumatic brain injury

Imagine a shooting pain in your skull. Forgetting where you placed your keys (again). Sudden feels of despair or anger — with no provocation, nothing “setting you off.” Abrupt confusion. Slurring. Feeling as though you’re on a ten-second delay when someone asks you a question.

These are the realities for many who have endured a traumatic brain injury (TBI). A TBI is a serious and debilitating injury resulting from traumas such as motor vehicle accident, sporting injuries, and falls. While some TBIs are obvious (as is the case in a brain bleed and/or a fractured skull), other impacts to the brain can be construed as “minor.” Despite the nature of the injury, any type of brain injury should be treated as a TBI with serious potential consequences. TBIs are all too common and can forever change the course of your life. Here’s what you need to keep in mind when it comes to traumatic brain injuries:

1) It’s easier to get a TBI than you might think

While many people envision horrific car wrecks as the impetus for a TBI, brain injuries can occur from far more common activities as well. In fact, sports-related head trauma is the second most common cause of traumatic brain injury. Concussions are the most common variety of TBIs, and concussions are—unfortunately—a near certainty for many types of athletes. According to a recent study of high school athletes, about 300,000 of the 1.54 million TBIs that occur each year are the result of sports-related concussions.

As we approach summer, football camps and baseball launch full-force. These are two of the most concussion-laden sports people of all ages participate in. That means running plays, tackling practice, a wonky pitch, or fielding a pop fly can subject your student athlete to brain injury.

2) You don’t have to lose consciousness for a TBI to have occurred

The human brain has a consistency quite similar to Jello. In a car accident, the brain can move rapidly though the course of a rigid skull lined with tons of bony protrusions. The brain can actually bounce off the skull and hit the opposite end of the skull resulting in a TBI. Additionally, the myth that you must be knocked out to have a TBI is also disproven in instances of whiplash (i.e., head jerks forward and the movement stops suddenly). From hard braking in a vehicle to being tackled during a football game, the blow doesn’t have to be direct to have massive impacts to the brain. Whiplash has even been discovered, in certain cases, to cause a disruption in the nerve cells of the brain that are responsible for sending messages.

3) Recovery can be a lengthy process and is not always possible

Claims adjusters and insurance defense lawyers often attempt to downplay the extent of a brain injury by claiming that the ailment is minor and therefore the claimant (read: victim) will quickly recover. And while some symptoms of brain injury are minor, more subtle memory issues (like walking into a room and not knowing why you went in there), any kind of traumatic brain injury can produce long-lasting, dire consequences.

In recent years, studies of deceased athletes’ brains have revealed that one dramatic consequence of repeated brain injury can be chronic traumatic encephalopathy (CTE). CTE is a degenerative brain disease marked by a protein called Tau that grows and spreads clumps. These clumps actually kill off brain cells. While research is ongoing to determine more concrete facts about CTE, we do know that the brain disease is caused specifically by repetitive brain trauma—both concussions with obvious symptoms and subconcussive hits to the head with no symptoms at all. CTE often doesn’t present any symptoms until years after the brain injuries have occurred, but the effects have proven to be dire. Memory loss, confusion, impulsive control, impaired judgement, aggression, depression, parkinsonism, and even suicide have all been linked to CTE.

4) You have a right to seek legal representation if you’ve endured a traumatic brain injury

When brain injuries are more severe in nature, they can result in a lifelong disability leaving you unable to work, care for yourself, or even communicate. Concussions, even when seemingly insignificant in the present, can increase the risk of degenerative brain diseases like CTE for those who have experienced multiple TBIs—meaning the stakes are higher than ever. The experienced, knowledgeable attorneys at Taylor Martino, an award-winning plaintiff firm based in Mobile, Alabama, consistently deal with insurance adjusters, Alabama insurance defense lawyers, and even physicians who are simply unfamiliar with TBIs and their long-lasting consequences.

The catastrophic injury law attorneys at Taylor Martino, can spot the tactics employed by insurance carriers and defense lawyers in combating TBI claims a mile away. They realize that insurance carriers often strive to discredit those who have suffered TBIs if those brain injuries do not present obvious symptoms right away. If you have suffered an injury as catastrophic as a traumatic brain injury, you deserve to be compensated for all your costs and non-economic harm, both present and future. The compassionate attorneys at Taylor Martino can help fight for your rights in the aftermath of these life-altering injuries.

For a FREE consultation, visit https://taylormartino.com/free-evaluation or call >1-800-256-7728.

It’s your American right to take legal action if you’ve been injured

In today’s world, we’re surrounded by billboards advertising lawyers with catchy phrases and commercials with easy-to-remember jingles encouraging us to seek legal action. Still, many folks are reluctant to contact a lawyer when they’ve been injured—even when it’s by no fault of their own.

“I’m not sue-happy,” they say.

“I don’t want a handout,” they say.

“It was an accident,” they say.

But when you’re injured, you face lost wages from the weeks or months you’re out of work recovering. You may also face permanent disfigurement or difficulty getting around. You may not even be able to return to work. When life has been thrown out of whack as the result of a personal injury, sometimes there’s simply nothing left to do but seek legal action. Here are three reasons you should contact an attorney to begin the process of rebuilding your life:

1) It’s your right.

In the United States, we enjoy various rights that those living in other countries simply don’t have. According to Ed Rowan, a personal injury attorney at Mobile-based Taylor Martino, P.C., the fact that it’s your American right to justice matters. “America was founded on the principle of being treated fairly. Our founding fathers believed it was absolutely necessary to have a judicial branch to keep things in check—and that’s still the case today. There’s nothing wrong with being treated fairly, with getting what’s owed to you,” he says. Though our right to justice is often an afterthought, we must not take for granted the fact that when we’ve been wronged or hurt, we have a civil right to take legal action to remedy the situation. “It’s your job, your life, your household being affected when you’ve been hurt, but we’re fortunate enough to be in a country where we have rights and options. You can see a lawyer,” stresses Rowan.

2) There’s no shame in seeking legal action.

According to Rowan, one of the most common reasons for hesitation in pursuing a case is a sense of guilt. He says that often times, even though a potential client has been hurt, he or she will fixate on the fact that the injury was an accident and so they feel guilty about pursuing punishment against them. “Filing a claim when you’ve been hurt is not about revenge or punishment,” says Rowan. “It’s important to remember that when you file a personal injury lawsuit, you’re not actually going after an individual—rather, it’s the insurance company you’re seeking compensation from. And insurance companies have millions of dollars of coverage.” Rowan says he strives to put his clients at ease, all the while eliminating any negative connotations or guilt they may feel. “I ask my clients, ‘Are you hurt? Were you at fault? Ok, so why is it not fair that you be compensated for that? It’s not a handout; it’s what is owed to you,” he says.

3) A settlement isn’t something for nothing.

One of the most common misconceptions about filing a personal injury lawsuit tends to be that the money being sought is a windfall. But nobody wants to be hurt just to get a payout. Furthermore, Rowan says it’s critical to remember that you have signed a contract with your insurance to receive specific services. When those specific services are not rendered—when the insurance doesn’t “kick in” like it’s supposed to—you owe it to yourself to get what you paid for. “The money you’re seeking isn’t just falling from the sky,” says Rowan. “You’ve signed a contract with your insurance. The insurance is taking money for a premium from you—it’s being paid for already, which means those services should be served. That’s where I come in—to make certain that happens.”

When you’re injured, your life gets turned upside down. You are subjected to emotional stress, physical pain, constant discomfort, financial hardship, and even perhaps a drastic change in appearance—all of which dramatically impact your day-to-day life. If you’ve been hurt by no fault of your own, it is your right to yourself and to the loved ones who rely on you to explore your legal options. Even if you decide not to pursue a suit, you can receive complimentary legal advice (and peace of mind) from the experienced, compassionate attorneys at Taylor Martino courtesy of their free consultation by clicking here or calling 1-800-256-7728. For more information about your American right to seek an attorney, visit taylormartino.com.

Elderly population vulnerable to abuse and neglect—here’s what you can do to help

elder-abuse-attorney-nursing-home-negligence-taylor-martino-mobile-alabama

According to the Alabama Department of Human Resources, the fastest growing segment of the state’s population are the elderly. These are NaNas and Pop-Pops, mothers and fathers, WWII vets, grocery greeters, bankers, and former boardroom wonders. Despite myriad backgrounds and life stories, one thing all elderly individuals have in common is a susceptibility to abuse.

While we often think of neglect, exploitation, and physical and sexual abuse as grievances enacted upon the very young, a recent expose from the Minnesota StarTribune shows that elder abuse is on the rise—particularly within state care facilities. And while state regulations and treatments standards are in place, state regulators lack the staff and expertise to effectively and appropriately investigate, leading to investigations that drag on for years with penalties never enforced. Many state prosecutors allege that they are not notified of these investigations until months after the abuse has occurred, creating overall difficulty in bringing about criminal charges at all.

Closer still to our state, in Georgia charges have been brought against elderly care facilities with scathing incidents like one in Atlanta where nurses laughed at a WWII veteran as he lay dying, gasping for air and crying out for help. In this instance, the nursing staff responsible for caring for him waited an hour to contact 911. Despite video evidence of the nurses’ cruelty, it took three years to bring the family of that veteran justice—with the damage, of course, already done.

Recently, Mobile, Alabama-based Taylor Martino attorneys Richard Taylor and Ed Rowan arbitrated a case and obtained a substantial monetary award for the family of nursing home resident. In this case, the elderly resident demonstrated signs of a stroke. Instead of procuring medical care for the resident, the medical staff at the nursing home ignored the man and went to lunch. When they returned from their break, the man had died. Who knows what would have happened had they taken the time and effort necessary to stop and care for the man rather than abandoning him to grab a bite to eat.

Nursing homes are charged with looking after senior citizens, providing them with regular assistance and even around-the-clock care. However, many nursing homes are understaffed with workers underpaid and overworked, thereby opening a potential floodgate for neglect. Still, regardless of the circumstances surrounding an abuse or neglect situation, there is no excuse for failing to uphold a standard of decency for the elderly under the care of the nursing home. When this standard of decency is not enacted, legal action must be taken to ensure these same grievances do not continue occurring to other susceptible individuals.

Whether physical, mental, sexual, or neglectful in nature, abuse against the elderly robs them of their dignity, comfort, and basic human rights. The elderly individuals living in care facilities in our state and others exist there under the expectation that they will not only be cared for, but that they will be treated with respect and kindness. The Alabama Department of Human Resources describes elder abuse as a grievous mistreatment not limited to any one race, ethnic group, or socioeconomic status. Even within their own homes, the elderly can be vulnerable to manipulation, exploitation, and abuse by family members and friends—those claiming to love them.

We must be vigilant about the safekeeping and care of our treasured older friends and family members. Not all abuse is physical, so not all abuse is obvious. Here are red flags of which to be aware:

  • Bruises, wounds, cigarette burns, signs of physical restraint like lacerations and scraping around near the wrists and ankles (from rope or handcuffs)
  • Torn or bloody undergarments
  • Lack of physical grooming; dirty, uncombed hair; unwashed clothing; body odor
  • Lack of medical aid necessities like eyeglasses, dentures, hearing aids, walkers, etc.
  • Bedsores, malnutrition, dehydration
  • Unexplained, uncharacteristic changes in behavior such as acting withdrawn or tense, anxious, edgy, and/or fearful
  • Unexplained financial changes (such as changing over Power of Attorney or paying excessive fees for care) that the elderly individual cannot explain or comprehend

The dedicated team of attorneys at Taylor Martino, P.C. Personal Injury Lawyers based in Mobile, AL understand the unique changes that accompany the aging process and believe that our elderly population deserves the utmost respect and regard. Taylor Martino, P.C. Elder Abuse Lawyers can and will serve as skillful advocates in the event that abuse or neglect has occurred to an elderly individual in your life. Contact our Elder Abuse Attorneys TODAY  if you suspect something is wrong with a senior you love. Click here for a FREE case evaluation today or call 1-800-256-7728 for more information.

Is your knee replacement causing you extreme discomfort or inhibiting your lifestyle? Read on to learn what you can do to seek help

Nearly anytime one hears of an FDA recall in the news, it’s a common reaction to make certain one doesn’t have that item in the pantry, the refrigerator, or the medicine cabinet. Likewise, when we receive recall info regarding our vehicles steering column or airbags, we rush the vehicle down to the shop to have it investigated. Still, not all recall information is so openly communicated. In fact, when it comes to medical device recalls, those who have a faulty product or device operating within their body are often unaware of the danger they face until symptoms begin to arise or until it is entirely too late.

In February 2013, the FDA issued a Class I recall for the diaphyseal sleeve used in DePuy’s knee Limb Preservation System (LPS). Class I recalls are reserved specifically for when there is reasonable probability that a product will cause serious adverse health consequences or death. According to the FDA, the segment of the DePuy Knee LPS simulating a joint poses a fracture risk, which can lead to serious complications for the recipient.

Specifically, the FDA states that the taper connection between the sleeve and the base of the joint segment may not be able to withstand weight as it is shifted to the joint during normal, everyday movement. Walking, running, and even bending at the knee for those with this replacement mechanism are at severe risk of injury. Should the sleeve fracture at the taper joint, those with the DePuy Knee Replacement product are at an increased risk of loss of function, loss of limb, infection, compromised soft tissue, and even death.

DePuy Knee Replacement Problems

If you had a DePuy Knee Replacement implanted between 2008 and July 2012, you may be subject to complications related to the faulty medical device. Signs of failure may include the following:

  • Limited range of movement
  • Infection
  • Device dislocation
  • Warm, inflamed, or red skin
  • Stiffness
  • Instability in the knee
  • Fracture of implant components, femur or tibia
  • Loosening of the knee implant
  • Swelling and/or pain in the knee
  • Abnormal sound in the knee implant
  • Decreased ability to walk
  • Abnormal gait

In January 2012 the FDA informed hospitals and surgeons of the potential risks associated with the sleeve, requesting that these product lots no longer be used in knee replacement surgeries. According to the FDA, all diaphyseal sleeves manufactured between 2008 and July 2012 are subject to the recall.

Currently, the FDA has received 10 reports of device malfunction related to fracture and loosening of the knee implant. It is, however, likely that many individuals living with DePuy Knee Implants are not aware of the danger posed by the faulty device. If you have had a knee replacement surgery or know someone who has, now is the time to take action to ensure the wellbeing and safety of you or your loved one.

Knee revision surgeries are considered more painful and invasive than a first-time knee replacement, as they usually require breaking the faulty device away from the bone and, in many cases, the implant is cemented into place. Occasionally, these implants can damage the surrounding bone so severely that a reconstructive surgery is required to completely rebuild the knee before a replacement device can be installed. In addition to an excruciatingly painful surgery and rehabilitation period, revision and reconstructive surgeries can also expose patient to an increased risk of infection and other undesirable surgical complications, such as excessive bleeding, deep venous thrombosis, nerve or blood vessel damage, and pulmonary embolism.

Each year, thousands of Americans fall victim to severe injuries at the hands of Big Pharma’s irresponsibility and inaccurate reporting on the safety of their products. If you have a medical implant such as the DePuy Knee Replacement, it is imperative to remain informed about the latest recalls and legal actions against manufacturers responsible for the device.

Taylor Martino, P.C., a personal injury firm based in Mobile, Alabama, seeks to right the injustices performed at the hands of Big Pharma companies. Since 1988, Taylor Martino has embodied one singular, straightforward purpose: the passionate pursuit of justice for plaintiffs. In their nearly 30 years of operation, attorneys at Taylor Martino have obtained more than a billion dollars in compensation for thousands of clients on a local, regional, and national level. Now, the attorneys at Taylor Martino have made it their mission to investigate all claims of injuries related to the implantation of the DePuy knee LPS in all knee replacement procedures. Their team of passionate attorneys possess the knowledge, experience, and dedication necessary to take on Big Pharma using the testimony of those who have had their lives put on hold because of defective devices.

If you’ve suffered any injury, pain, or complications as a result of medical devices such as the DePuy Knee Replacement, contact a Taylor Martino personal injury attorney for a FREE case evaluation today. For more information, visit taylormartino.com or call 1-800-256-7728.