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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
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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
Follow us on Facebook

More than one in four children in ‪Alabama come from families that experience food hardships and nearly 60% of Alabama’s public school children are eligible for free and reduced lunch.Taylor Martino, P. C. is participating in the Alabama Legal Food Frenzy, which is a food & fund drive among all Alabama lawyers. The competition joins together the Alabama State BarAlabama Attorney General Luther Strange and the Alabama Food Bank Association to help end child hunger with the launch of the Alabama Legal Food Frenzy set for April 25 – May 6, 2016. Visit allegalfoodfrenzy.org for more information.

The Legal Food Frenzy provides a much-needed supply of food and funds to Alabama’s regional food banks to help the families of those kids during summer months when schools are closed. The Alabama Legal Food Frenzy is timed to help meet that demand. Ed Rowan, partner at Taylor Martino, is leading the food drive challenge for firm. “I had no idea that the shortage of food in Alabama was in this state of crisis. The Alabama Legal Food Frenzy is one of the most important things that we can do for our local community. It will have an immediate impact and benefit for our children.”

We will be collecting food and funds at our office located at 51 St. Joseph Street, Mobile, AL 36602 from April 25 – May 6, 2016. Monetary donations can also be made online at TaylorMartinoALLegalFoodFrenzy2016. Be sure to designate your donation for Taylor Martino, PC!

What is the Legal Food Frenzy?

The Office of the Attorney General, the Alabama State Bar, and the Alabama Food Bank Association have joined forces to create a friendly food and fund drive competition among Alabama law firms, law schools and legal organization to support the Feeding America food banks in Alabama.

All food and funds collected by Taylor Martino, PC will go directly to Feeding the Gulf Coast, formerly Bay Area Food Bank. To learn more about our local food bank, visit Feeding the Gulf Coast or contact Missy Busby, 251-653- 1617 ext. 127, mbusby@feedingthegulfcoast.org

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

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

The lawyers of Taylor Martino, PC understand an accident can occur from time to time. They are unavoidable. Since we can’t plan when they will happen, here are some helpful tips to know what to do when you are involved in a motorcycle accident.

First things first.

Make sure everyone is okay. Remove yourself and passenger from high traffic areas to the nearest curb or median. After accessing the situation, it might be best to call for medical assistance. Even if you think you do not need assistance at the time, your adrenaline rushing could hide the fact something is injured. 

After checking on the welfare of you and your possible passenger, the next phone call you need to make is to the police. Filing a police report will come in usual for your insurance and possibly litigation.

Notify your insurance company.

Call your insurance company and report the motorcycle accident as soon as you can. They need to know what has happened to begin working on behalf of you. Your insurance provider will be able to tell you what is required, especially if you are still on sight of the accident.

Photograph as much of the situation as possible.

Now that most everyone has the ability to use their cell phones and snap a few photos, this shouldn’t be a problem. Without putting yourself in harms way of other traffic, get as many angles of the motorcycle crash as you can.

Moving the Motorcycle.

Once the police officer gives you the okay and you have discussed everything with your insurance company, move your motorcycle out of the road or street. If the vehicle is unable to be moved, call a tow truck to come pick up the damaged vehicle. Be sure to keep copies of all receipts for the tow company or any other expenses related to the collision.

Insurance exchange.

Police officers in the State of Alabama usually require each driver involved to fill out a form containing a name, insurance information and other contact information needed.

If the police officer does not give you the information, ask the other driver involved to supply you with their name, driver’s license number, insurance company and policy number.

Sketch out the accident.

Often times, if there is litigation it doesn’t take place until several weeks or months later. Drawing out the situation is a good idea because it could help you remember the accident and how the collision happened.

DO NOT Supply guilt.

Whether your insurance company or the other drivers. Do not admit guilt in the accident. If the opposite driver’s insurance company contacts you for a statement, refer them to your lawyer. Insurance companies usually record any questioning they propose and it could be used against you even if you aren’t saying anything wrong in your mind.

In the event you, or someone you know, is involved in a motorcycle accident, we hope you remember these steps. Remember, stay calm and collected so you can take the necessary actions needed in such situations.

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
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

 

Safety Announcement:

FDA evaluating risk of stroke, heart attack and death with FDA-approved testosterone products

[01-31-2014] The U.S. Food and Drug Administration (FDA) is investigating the risk of stroke, heart attack, and death in men taking FDA-approved testosterone products. We have been monitoring this risk and decided to reassess this safety issue based on the recent publication of two separate studies that each suggested an increased risk of cardiovascular events among groups of men prescribed testosterone therapy. We are providing this alert while we continue to evaluate the information from these studies and other available data, and will communicate our final conclusions and recommendations when the evaluation is complete.

At this time, FDA has not concluded that FDA-approved testosterone treatment increases the risk of stroke, heart attack, or death. Patients should not stop taking prescribed testosterone products without first discussing any questions or concerns with their health care professionals. Health care professionals should consider whether the benefits of FDA-approved testosterone treatment is likely to exceed the potential risks of treatment. The prescribing information in the drug labels of FDA-approved testosterone products should be followed.

Testosterone is a hormone essential to the development of male growth and masculine characteristics. Testosterone products are FDA-approved only for use in men who lack or have low testosterone levels in conjunction with an associated medical condition. Examples of these conditions include failure of the testicles to produce testosterone, because of reasons such as genetic problems or chemotherapy. Other examples include problems with brain structures, called the hypothalamus and pituitary that control the production of testosterone by the testicles.

None of the FDA-approved testosterone products are approved for use in men with low testosterone levels who lack an associated medical condition. FDA-approved testosterone formulations include the topical gel, transdermal patch, buccal system (applied to upper gum or inner cheek), and injection.

The first publication that prompted FDA to reassess the cardiovascular safety of testosterone therapy was an observational study of older men in the U.S. Veteran Affairs health system published in the Journal of the American Medical Association (JAMA) in November 2013.1 The men included in this study had low serum testosterone and were undergoing imaging of the blood vessels of the heart, called coronary angiography, to assess for coronary artery disease. Some of the men received testosterone treatment while others did not. On average, the men who entered the study were about 60 years old, and many had underlying cardiovascular disease. This study suggested a 30 percent increased risk of stroke, heart attack, and death in the group that had been prescribed testosterone therapy.

A second observational study reported an increased risk of heart attack in older men, as well as in younger men with pre-existing heart disease, who filled a prescription for testosterone therapy.2 The study reported a two-fold increase in the risk of heart attack among men aged 65 years and older in the first 90 days following the first prescription. Among younger men less than 65 years old with a pre-existing history of heart disease, the study reported a two- to three-fold increased risk of heart attack in the first 90 days following a first prescription. Younger men without a history of heart disease who filled a prescription for testosterone, however, did not have an increased risk of heart attack.

We urge health care professionals and patients to report side effects involving prescription testosterone products to the FDA MedWatch program, using the information in the “Contact FDA” box at the bottom of the page.

References

  1. Vigen R, O’Donnell CI, Baron AE, et al. Association of testosterone therapy with mortality, myocardial infarction, and stroke in men with low testosterone levels. JAMA. 2013;310(17):1829-1836.
  2. DOI: 10.1371/journal.pone.0085805

 

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

 

 

A large area of land in Eight Mile, Alabama, has been contaminated with the chemical Mercaptan, which escaped from the Mobile Gas Service Corporation’s natural gas facilities located in Eight Mile. Mercaptan is added to natural gas by natural gas processors to give the gas a detectable smell, because natural gas is odorless. According to the Centers for Disease Control, Mercaptan has “a strong, obnoxious odor like garlic or skunk.” Exposure to Mercaptan can also cause adverse physical reactions.

The escaped Mercaptan entered the groundwater and resurfaced throughout the Eight Mile community, where it entered the atmosphere. Residents of the affected area have lost the use and enjoyment of their homes due to the sickening Mercaptan smell, and their properties have been substantially reduced in value.

Taylor Martino represented many residents of the affected area in a lawsuit against Mobile Gas, which sought monetary damages for the Mercaptan pollution and a cleanup of the pollution. Our firm is no longer accepting Mercaptan pollution cases.

Mercaptan odor investigation report reveals new details – by Letisha Bush, Fox10 News

Articles on the Eight Mile Mercaptan Spill

 

Taylor Martino is investigating warranty claims that may have been improperly denied. American Home Shield Corporation (“AHS”) sells warranty contracts covering the repair and replacement of home appliances and systems due to “normal wear and tear.”  Taylor Martino is investigating whether AHS has improperly denied certain claims its customers made under their warranties.  The cases under investigation involve persons who, between October 21, 2009, and the present, were denied coverage under AHS warranty contracts for air conditioners, or other large home appliances or systems, on the grounds of improper maintenance, failure to maintain, misuse, abuse, failure to clean, and/or pre-existing conditions.

NOTE: This does not include persons who are members of the settlement class in Faught v. American Home Shield, Case No. 2:07-cv-1928-RDP (in the United States District Court for the Northern District of Alabama), and who were denied coverage after April 26, 2012.

If you were denied coverage by AHS as specified above, you may have a claim for money damages.  Please contact Taylor Martino for a free evaluation.