Alabama-Car Wreck-Injury- Mobile-AL-Car-Accident-Lawyer

If you have been in an Alabama Car Wreck and sustained injury by an uninsured driver, you are required by Alabama Law to put your insurance company on notice of the wreck. You are required by your insurance policy to do it promptly after the wreck. Some policies have time limits, and if you go beyond a time limit, you may not be allowed to use your uninsured motorist (UM) coverage on your policy. Why is this important? It is important because if you are injured, and hit by a driver who does not have any insurance coverage, or doesn’t have enough, then you can use your uninsured motorist coverage if you purchased it. But, if you did not timely put your company on notice, your company will try to get out of providing the coverage for you on your policy.

Alabama-Car Wreck-Injury- Mobile-AL-Car-Accident-Lawyer

Many people are concerned that using their uninsured motorist coverage will make their premiums go up , but if the wreck was not your fault, and you have not had repeated claims on your policy, then your premiums should not go up. After all, you have paid for this coverage over the years, and you should use it when the time comes that you need it.

What exactly is uninsured motorist coverage? Let’s look at an example: if you are hit by a driver who has only $25,000 in liability coverage on their policy, and your damages from the case including lost wages and medical bills total $50,000, then you should use your uninsured motorist coverage to help pay the claim. If you have $25,000 in UM coverage on your policy, then you would be entitled to add that on top of the at-fault person’s coverage to help pay for your damages. It is called “stacking” and you are entitled to stack your UM coverage on top of the at-fault insurance driver’s coverage if your damages warrant stacking. You should check your policy to see if you have “added on” or “excess” UM coverage. If you do, you can stack it. If you bought “reduced by” then you won’t get to add your UM to the at fault insurance company’s coverage. The take home point here is to check your policy to make sure you don’t have “reduced by” UM coverage, and if you do, change it by calling your agent to “added on” UM coverage. Also, you should buy the highest amount of UM coverage you can afford, as this may someday be needed if you are hurt badly in a wreck.

If you have been in an Alabama Car Wreck and Sustained Injury by an Uninsured Driver, contact an experienced Mobile, AL Car Accident Lawyer TODAY!

RICHARD H. TAYLOR
Taylor Martino, PC
51 St. Joseph Street
P. O. Box 894
Mobile, Alabama 36601
OFFICE: (251) 433-3131
FAX: (251) 433-4207
richard@taylormartino.com

You just had a trucking accident and now you need an attorney. Whether you have been in an accident before or not, this can be a hard choice to make. At Taylor Martino, we like to make things as easy as possible for our clients, even before they choose to become clients. Here are a few things to look for in a personal injury attorney.

What kind of expertise does the lawyer have?

If you have been in a trucking accident, make sure the lawyers you are looking to hire are experienced in working truck accident cases. There are laws and regulations you need your lawyer to know about before representing you.

What kind of experience does the lawyer have?

If you are looking for a lawyer to represent you, having experience in litigation is much needed. Not all trucking accident cases go to court, so you will need an experienced negotiator to make sure your injury claims are settled correctly. If you do go to court, you want an experienced lawyer representing you to help get the most compensation needed.

Does the lawyer you are hiring have a good reputation?

When your lawyer represents you, they will be talking to a number of people on your behalf. Having a good reputation among insurance companies and other businesses in town is beneficial to helping your case be settled in a timely and fair manner.

Is the lawyer going to charge you for the initial consultation?

Most personal injury attorneys offer a free consultation before you decide whether or not you want to work with them. If you make an appointment, be sure to ask how much the first meeting will cost. Also, do not sign a retainer unless you plan to work specifically with the lawyer you are signing with. No one should ask you to sign a retainer simply for coming in to meet with them.

At Taylor Martino, we understand making the decision of which lawyer to choose to represent you after a trucking accident can seem like a tough task, but it doesn’t have to be. Use these helpful hints or call us for more information. Our lawyers would be glad to help.

Richard H. Taylor, Esq.

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
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Requirements for CDL Truck Drivers

Why you should contact an experienced Mobile, Alabama Truck Wreck Lawyer at Taylor Martino P.C.

Traveling on the highways, with or without family, can be stressful at times. Especially if you worry about the truck drivers on the roads with you. New regulations required by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) state all USDOT physicals must be performed by one of the qualified health professionals listed in the National Registry of Certified Medical Examiners.

According to the FMSCA website, “Safety is our highest priority and it is vital that every commercial truck and bus driver be qualified, alert, and focused when they are behind the wheel,” said Secretary Anthony Foxx.  “Medical examiners equipped with a thorough understanding of DOT fitness standards will be able to ensure that commercial drivers meet the health requirements necessary to operate on our highways and roads, thereby strengthening safety for every traveler.”

So what does this mean to you, the driver? It means CDL drivers must have their examinations done by medical professionals trained specifically on what to look for in drivers. A USDOT medical exam assesses a number of conditions that could affect a driver’s ability to safely operate the vehicle they are driving. Cardiovascular disease, respiratory and muscular functions, vision and hearing capabilities are some of the things screened during the process. This new program is required by federal law for medical professionals and drivers.

As of May 2014, more than 22,000 medical professionals had completed the coursework and testing. These professionals are listed on the National Registry with more beginning the certification process. Interstate commercial truck and bus driver’s who currently hold a medical certificate will not be required to visit a certified medical examiner until their current license is expired. However, they must pass a USDOT medical examination every two years to maintain their CDL, obtain a medical certification and legally operate a commercial motor vehicle.

FMCSA developed the National Registry of Certified Medical Examiners program as part of the agency’s commitment to enhancing the medical oversight of interstate drivers and preventing commercial vehicle-related crashes, injuries, and fatalities. The medical examiners on the National Registry are required as well to maintain federal standards through training and recertification. To learn more, visit http://nationalregistry.fmcsa.dot.gov

The Mobile, Alabama Truck Wreck Attorneys of Taylor Martino have handled a number of trucking accident cases. In each case, Taylor Martino determines  if a medical card was provided to an unsafe, unqualified driver. A trucking company must require the use of one of these certified examiners, but often they do not. Unsafe CMV drivers remain on our roads.

We anticipate several CMV drivers acquire a medical card from their “favorite” medical provider. Since they won’t have to recertify for a year, don’t expect safer roads until at least May 21, 2016! When you hire a Mobile, Alabama Truck Wreck Attorney, be sure that lawyer is up to date on the ever-changing trucking laws. Ask questions.

Contact an experienced Mobile, Alabama Truck Wreck Attorney

If you have suffered a personal injury, you need to call a Mobile, Alabama Truck Wreck Attorney at Taylor Martino at 251.433.3131 or Toll-Free at 1-800-256-7728 for a free consultation. You owe it to yourself.

 

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

Even though the state of Alabama requires all driver’s to be covered by insurance, this is not always the case. If you are in a car accident and the other driver does not have insurance, you might need these helpful tips to make sure you get coverage for your injuries and damages.

Call the Police.

In any instance of a collision, you will want to call the police and file a police report. The police will document the specifics of the accident which you will need later when you file your claim.

Exchange Information with the Other Driver.

Usually in the State of Alabama, the police officer will require each driver to complete a form asking for all pertinent information, such as the driver’s name, contact, license number, plate number, etc. If the police officer does not, you should gather as much information from the other driver as possible.

Notify Your Insurance Company.

According to Alabama’s Uninsured Motorist Law, every insurance policy includes uninsured motorist coverage. You need to file a claim with your insurance company under your uninsured motorist coverage. Be sure to file soon after the collision happens to ensure your insurance company will cover the event. Some insurance companies have a time limit set between the time of the accident and how long you have to file. If you miss the time limit, you might not get coverage.

If you are afraid of making a claim on your insurance because you are afraid of premiums going up on your coverage, usually this does not happen. If the accident is not your fault and you do not have a previous history of having a number of collisions, your premium should not be affected.

How It Works.

Usually in an accident, the guilty party’s insurance is required to cover your expenses. In the case the guilty driver does not have coverage, your uninsured motorist coverage fills in the gap to cover your medical bills and other damages. If you are unsure of the complete uninsured motorist coverage you have, check with your insurance provider. Usually, the coverage is for family members involved in the collision as well.

If you believe you are not being fully covered correctly, an experienced injury attorney can review your policy and help find other forms of coverage needed.

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

 

no zone

In any given year, over 100,000 people are injured in truck accidents. When you are in a collision with an 18-wheeler truck there are things you need to know in order to maximize recovery against all of the defendants. For example, it is key that you do not talk with anyone from the trucking company. This includes employees, as well as companies assisting the trucking company, such as the investigators, lawyers, and the insurance company. 

It is key to begin investigating as soon as possible after a truck accident. An accident reconstruction expert will need to be immediately dispatched to the scene so they can secure measurements, photographs, and evidence. The truck’s black box data, as well as the truck’s GPS data, will need to be secured and downloaded. The trucking company’s licenses, insurance, and safety record will be investigated, as well as the background and criminal history of the truck driver. If the collision resulted in death, autopsy records will need to be acquired. Also, notice letters will need to be quickly sent to the trucking company demanding that all evidence remains in its post-accident state. Failure to act quickly on any of these accords can, unfortunately, result in the destruction of evidence. 

In addition to all of the items that need to quickly fall into place after a truck accident, it is also vital to research and determine the best venue in which to bring the claim. It is rare that a truck collision lawsuit involves only one state’s laws or court system. Most likely, the trucking company is located in a different state than the one where the collision occurred, not to mention the driver is probably a resident of a third state. In order to achieve the most favorable results, it is critical to determine at the start of the case which state’s laws are the most advantageous to you and bring the case to that state.

Truck collisions can occur for many reasons including bad trucking company policies or carelessness. Companies will often hire inexperienced drivers and fail to adequately train them. Often times, companies fail to even run a criminal and/or driving background check. Equipment also plays a large role in the safety of 18-wheeler trucks. If the truck is overloaded, not properly secured, or poorly maintained, an accident can occur. Companies tend to overwork and over schedule their drivers which can lead them to drive with a lack of sleep. Driving while sleep deprived can result in non-alert driving which is especially dangerous when operating an 80,000-pound piece of equipment.

Poor judgment from the truck driver can also lead to truck accidents. You would be unpleasantly surprised to know how many truck drivers choose to drive with drugs and/or alcohol in their system. Today’s drivers are also more distracted with talking on the phone, texting, checking emails, and looking at GPS. With the tight deadlines and busy schedule, they can choose to drive recklessly and speed. Other conditions, such as highway hypnosis (after thousands of miles watching the same scenery, a driver can enter a sort of “trance” like state) and blind spots (the area behind a truck which is not visible on most mirror systems) are more out of a drivers control.

There are also some causes of truck accidents that are not the fault of the trucking company or the driver. Road construction can create hazardous conditions, improper signage can obstruct the driver’s view, and defective highway design can lead to collisions.

Types of Truck Accidents Handled by Taylor Martino, PC:

  • 18-Wheelers
  • Commercial Trucks
  • Box Trucks
  • Tanker Trucks
  • Delivery Trucks
  • Gravel Trucks
  • Dump Trucks
  • Construction Trucks
  • Cement Mixers
  • Crane Trucks
  • Utility Trucks
  • Garbage Trucks
  • U-Haul Trucks & Trailers
  • Buses

The lawyers of Taylor Martino, PC have been providing aggressive, effective legal representation in courtrooms for over 30 years. When it comes to truck accidents, we have a wealth of experience, as well as a network of local experts to present opinions as evidence to prove our case. If you, or a loved one, has been injured in a truck accident in Alabama or the gulf coast area, then please contact the experienced truck injury lawyers at Taylor Martino, PC for an initial consultation. Our lawyers work on a contingency fee basis, which means you do not pay a dime unless we collect compensation for your case. Remember, time is of the essence when maximizing recovery so, protect yourself and call 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

 

Posted 8:11 pm, October 15, 2014, by Al Whitaker

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ATHENS, Ala. (WHNT) – A Limestone County lawsuit could decide what type of smoke detector you are able to buy and use in your home.

It all stems from a fire earlier this year that claimed the lives of an elderly woman and her daughter. Attorneys say not only did their smoke detector fail to go off, they claim the very design of the smoke detector is defective and they want them taken off the market.

It’s a problem we’ve been aware of and reported on long before that fatal fire.

WHNT News 19’s Chief Investigative Reporter Carrie Marchese revealed in a special report last year that ionization smoke detectors don’t always go off, even in a container filled with toxic smoke. Her report was played in court today, and unfortunately, it was the same type of smoke detector that prompted the lawsuit.

“It took 20 minutes for this ionization alarm to go off,” Marchese demonstrated in her report.

Carrie’s report served as the backdrop Wednesday as attorneys argued over the release of test studies on the smoke detectors and just how much information would be made available to try the case.

“We’re requesting information that will show that their product is defective and they’re just doing their job resisting it and we come to the court and let the court decide whether we get that information or not,” explained Richard Taylor, one of several attorneys involved in the lawsuit against the manufacturers of several brands of smoke detectors, BRK Electronics.

Their legal team declined to comment for this story. But one of them, Robert Hayes, of Philadelphia, told the court the smoke detectors, “…Can’t save everybody in all circumstances,” and they recommend people use both types of smoke detectors in their homes.

“Well ultimately, we would like for this lawsuit and other lawsuits like this to take ionization smoke detectors off the market. But ionization smoke alarms represent hundreds of millions of dollars in income to the smoke alarm industry so they’re not going to roll over just because some lawyers down in Alabama have sued them,” Taylor said.

At Wednesday’s hearing attorneys argued about how much information would be made available to hear the lawsuit, and what would happen to that information once the lawsuit is settled. Attorneys who filed the suit say the company has test results that prove the ionization alarms are inadequate, while BRK’s attorneys continue to fight the release of that information.

The other type of smoke detector on the market is called a photoelectric alarm, and is believed to be much more reliable. Many experts believe you should have both types in your home.

 

The FDA has recently issued a class 1 recall of Stryker’s OASYS Midline Occiput Plate due to reports of fracture of the pin that connects the implant’s tulip head to the plate body. The OASYS Midline Occiput Plate is used to stabilize the junction between the occipital bone and the vertebrae in the cervical spine.

The fracture of the pin may cause serious health issues including blood loss, nerve damage, and the need for revision surgery to replace the fractured spinal implant. If an implant recipient begins experiencing symptoms including pain, weakness, or numbness, urgent medical evaluation is needed.

Class I recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of these products will cause serious adverse health consequences or death.

If you or anyone you know have received this device implant and need revision surgery due to pain and suffering from the product defect, please contact Richard Taylor or  Steve Martino at (251) 433-3131 to learn about your or their rights.

The law firm of Taylor Martino serves clients along the entire Gulf Coast, including Mobile, Montgomery, Orange Beach, Gulf Shores, Baldwin County, Alabama and Mississippi.

Click to view recall on FDA web site

 

By Kathy Jumper, Press-Register

MOBILE, Alabama — Regions Bank must pay some $6.8 million to the developers of SaltAire subdivision on Mobile Bay’s western shoreline after two rulings by an arbitration panel this week.

Mobile Bay Investments, whose managing partner is Logan Gewin, sued Regions in March 2010, claiming the bank reneged on an $18.2 million loan, effectively derailing the 500-acre project in October 2008.

Arbiters awarded the bank $8.23 million in connection with a loan taken by Mobile Bay Investments to start the project.

The three-judge panel also awarded $15 million to Mobile Bay Investments in connection with its 2010 lawsuit, records show.

Arbitration attorney fees of more than $69,871 and the arbitration firm’s $28,800 fee were assessed against the bank.

Ultimately, the developers received $6.83 million, including some repayment of fees, according to local attorney Richard Taylor of Taylor-Martino, who represented Gewin.

“The verdict clearly established that Regions Bank broke its written promise to loan SaltAire the money it needed to complete the final phase of the SaltAire project,” Taylor said. “We believe very strongly that if Regions Bank had honored its written commitment in 2008, SaltAire would be a viable and successful real estate development today.

“Perhaps the verdict will let Regions Bank, and other banks, know that there is accountability.”

Regions declined to comment, according to Evelyn Mitchell of the bank’s corporate office in Birmingham.

The week-long arbitration was heard by an American Arbitration Association panel consisting of attorneys from New Jersey, Louisiana and Texas.

The bank has 30 days to appeal the award, but the grounds for such appeals are very limited under federal law, according to Taylor.

Mobile Bay Investments’ attorneys cited a May 30, 2008, letter from Regions to Gewin that they contend confirms an $18.2 million loan. The bank wrote that it would provide $14 million and arrange for another participant to hold the remaining $4.2 million, court records show. Gewin and his business partners relied on Regions’ promises and written agreements to finance the project, according to Taylor.

The verdict “will allow everybody to be made whole in some acceptable form or fashion,” Gewin said. “I’m now going to be able to work my way out of this. My mission is not over. I’ve still got work to do.”

Millions in liens were filed against the project by contractors, road builders, landscapers and other vendors after the project lost its funding four years ago.

Between $12 million and $15 million has been invested in SaltAire, which was to be a community like Seaside in the Florida Panhandle, with up to 1,250 homes surrounded by a fitness center, two stocked lakes, parks, shops, restaurants and other amenities.

Today, about a dozen upscale homes have been sold and are occupied in the subdivision that has 2,000 front feet on Mobile Bay.

Bay Mortgage Investors, which had an estimated $9 million first mortgage on the property, foreclosed on 250 acres on the north side of SaltAire in January 2010. Gewin retained the 250 acres to the south with plans to turn it into a nonprofit nature preserve.

Bay Mortgage Investors and Burton Investment Group, which have about $10 million in the project, have filed a lawsuit against Regions. That case is expected to go to trial in October.

 

MOBILE, Ala. – This weekend marks the two year anniversary of Timothy Robinson’s devastating injury. The former Leflore football player’s life was seriously altered after being injured during a game. He is permanently confined to a wheelchair. However, the outcome of a recent lawsuit will help his recovery in a tremendous way.

It was a joyous announcement in the atrium of Government Plaza.

Richard Taylor, Robinson’s lawyer, said, “The judge approved Timothy’s confidential settlement with the manufacturer of the helmet that Timothy was wearing in the ball game against Spanish Fort.”

Timothy’s family sued Schutt Manufacturing Company. After reviewing video of the tackle, the lawyer and coaches said it was not an unusual hit, leaving many questioning how Timothy suffered such a severe injury.

“We began an investigation into the helmet, and we were in the process of filing a lawsuit against the manufacturer and found that they were in bankruptcy,” Taylor added.

“We got permission from the bankruptcy court to proceed against the company, and we found that there were five other children across the country who have sustained injuries similar to Timothy’s, wearing the same type of helmet.

“The settlement will help Timothy’s mom Evelyn provide him necessary care. With her husband’s recent passing, Evelyn is the primary caregiver and has taken on extra duties for Timothy. She also had to quit her job. It’s been difficult, and the money comes as a blessing.

“The settlement means to me that I’m not going to be so stressed out with the medical expenses that I would normally have, the incontinent products, things that we normally would have to stress about, the transportation costs,” Evelyn McGhee said.

“It does ease the burden for the everyday financial situation.” Timothy has already come a long way with the resources he has and now will propel even further.

“It’s helped a lot, especially with the communications device with the power chair. It gives him that sense of independence that Tim longs for, and it provided us the opportunity for us to be able to communicate with him better. It also will give him the opportunity to go to school,” added McGhee.

When asked how he’s feeling about the settlement, Timothy responded, “It means that the healing process can begin. Hopefully, I’m able to release my CD and able to go off to college.” Hope and perseverance have gotten him this far, and this settlement should help him fulfill his dreams. The settlement was obtained for all six injured children.

Injured high school football player awarded settlement: fox10tv.com