Pedestrian Safety

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With the weather warming up, you may start seeing more and more people enjoying nice walks outside. Some people tend to walk around their neighborhoods where there is less traffic, but some people walk on busy streets where it is more risky. A pedestrian is killed every 96 minutes from a traffic related accident. With an average of 5,000 deaths per year, it is important to know some safety tips when you are the pedestrian or you are driving near one.

As a pedestrian, you have the right-of-way when walking on a crosswalk in the road. In Alabama, vehicles must yield right-of-way to pedestrians within a crosswalk that are in the same half of the roadway as the vehicle, or when a pedestrian is approaching closely enough from the opposite side of the roadway to constitute a danger. Also, if a traffic control device such as “Walk” or “Don’t Walk” sign is in operation, pedestrians may only cross between two adjacent intersections in a marked crosswalk and may only cross an intersection diagonally if authorized by a traffic control device.

Pedestrians need to avoid entering a crosswalk in which vehicles of either direction are in close proximity. They must also yield the right-of-way to vehicles when crossing outside of a marked crosswalk or an unmarked crosswalk at an intersection. It is always important to stay alert and pay attention to your surroundings at all times.

If you are the driver and see a pedestrian, it is important that you are not trying to speed around them. Make sure you are always paying attention while driving and drive the speed limit to take down the risk of hitting someone. When approaching a pedestrian, reduce your speed until you have safely driven past them. They have the right of way, so you want to make sure you are being safe around them.

If you are a pedestrian that has been struck by a vehicle, make sure to seek medical attention immediately. A large vehicle can do a lot of damage to someone. Be sure to them call authorities and make sure an accident report is done. It is so important to make sure everything is documented. Then, speak with a personal injury attorney to see how they are able to help you.

If you are a victim of a pedestrian accident or have any further questions, you can call us anytime at  251-300-2000. You can also stop by our office at 51 North Florida Street in Mobile, AL or by our office in the Forbes building at 1914 4th Ave North Suite 110 in Birmingham, AL. You never need an appointment.

Construction Safety

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Construction work can be very dangerous, not only for the construction workers themselves, but also for drivers. It is important to know safety tips and regulations in case you become a victim of a construction zone injury.

As a construction worker, you could be standing on a scaffold that collapses or you could be standing on the ground when something falls from a tall height. It is very important to always put on the proper safety gear to begin with. With the proper safety gear, you can potentially bring the risk of an injury down. If you are working on a construction site, make sure you have a hard hat on and a harness if you are working with heights. Other important safety equipment to wear includes protective gloves, safety vests, goggles or other eye protection, thick socks, and work boots. Even with all of this on, you want to make sure you are being aware of your surroundings and properly communicating with your coworkers to maintain the safest environment possible.

In the event that an injury does occur at a construction site, notify your employer and seek medical attention immediately. Once you have met with your medical provider, you need to inform your employer to report the incident. The employer should have a worker’s compensation claim set up as soon as possible so that you can schedule a follow up visit from the initial treatment as well as get further treatment scheduled if necessary. If you were working when the injury occurred, you should speak with an attorney to be sure that worker’s compensation is treating you properly and giving you all that you are entitled to. Your attorney can also check to see if you have any other viable claims that could be additional compensation for your injury.

It can also be dangerous to drive through a construction site. There could be a change in speed limits, cones, barricades, workers, and work area lighting that could easily distract drivers. It is important to be cautious of your surroundings when driving on or near roadways under construction. Also be aware of which roadways are under construction; there might be an alternate route to avoid the areas.

There is constantly construction in new places around the city. That is why it is important to know these tips when driving through a construction zone. If you’ve been injured on a construction site, we encourage you to reach out to a personal injury attorney today. The lawyers at Greene & Phillips are available by phone 24/7, or you can stop by our office during normal business hours. We are located at 51 North Florida Street in Mobile.

Halloween Safety

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Halloween is a time for friends and family to have fun while dressing up in costumes and going trick-or-treating. Though it can be a fun night for everyone, there are also safety precautions that are important to know before going out for the night.

One important note to make before going trick-or-treating is to never let your children go alone. You always want to make sure they are with a group or you are with them at all times. Before stepping out into the road and going to the house across the street, make sure you and your children both check for cars both ways. If possible, only use crosswalks or intersections that are marked on the busier roads. Look both ways twice to ensure extra safety is being taken into consideration. Once you are sure there are no cars coming from either direction, you can cross the road while keeping your children close.

Another important note to make before taking your children trick-or-treating is to make sure their costumes fit properly. If the costumes are too big or are dragging the ground, it could cause your child to trip on it which could lead to an injury. You also want to be careful if you are choosing to wear a mask. Masks can impair your vision and make it dangerous when you are crossing roads or walking in a neighborhood you may not be familiar with. If you choose to wear a mask, make sure you are not alone and can rely on someone just in case you cannot properly see out of it. You want to also make sure your child does not have any sharp objects as part of their costume. If they are carrying a sword or something similar, make sure it cannot injure them if they were to trip or fall on it.

If you are passing out candy at your house, it is important to make sure any hazardous items are picked up to ensure the safety of everyone walking on your property. If you have any extension cords running in your yard, it might be best to pick them up or move them where nobody will be walking. This will give you clear of mind that nobody will trip over them and cause any injury. You also want to make sure your property is well lit before anybody steps onto it. If there is not proper lighting, someone could fall over something they cannot see. Once these things are done, it will be easier for everyone to enjoy their night.

Some final tips to follow to have the safest night is to first, carry a flashlight. If you happen to come across a house that is passing out candy, but does not have the proper lighting, you can use the flashlight to have confidence you will not fall over anything. This will reassure you that you and your children are taking the safest route while walking up to the house. You also want to make sure your cell phone is fully charged. If something does happen and you need to make a phone call, you will want to make sure the battery is charged up. When you return home and your children has a bag full of candy, make sure you check it for anything that could be dangerous to eat. If there is something that was tampered with or opened, the safest bet is to throw it out.

Halloween is a night to enjoy with your children, friends, and family. With these safety protocols, you can ensure to have the best night and make great memories.

If you are injured on Halloween or have any further questions, we encourage you to speak with an attorney at Greene and Phillips for further assistance. Our office is located at 51 North Florida Street in Mobile, Alabama. You can also call us at (251) 325-4925. Have a safe Halloween!

Greene and Phillips Featured on the June 2022 Jere Beasley Report

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Congratulations to attorneys J. David Greene and Britt Bethea on being featured in the June 2022 Jere Beasley Report, a national publication regarding personal injury cases throughout the United States.

Greene and Phillips attorney’s J. David Greene and Britt Bethea worked alongside Beasley Allen’s Greg Allen, Stephanie Monplaisir, and Kendall Dunson to achieve a settlement for the family of the late Kimberly Welch. Ms. Welch was driving a school bus in Mobile County when the bus flipped, causing the defective roof to crush her. Click here to see the full article.

Greene & Phillips has represented clients with personal injury and wrongful death cases in the southeast since 1998.  Greene & Phillips has offices in Mobile and Birmingham.  For more information about the firm and other noteworthy cases we’ve handled, visit www. greenephillips.com.  As always, call us at 251- 300-2000 or come by anytime; you never need an appointment.

How Long Will My Case Take?

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One of the first questions a new client will ask when they come into our office is, “How long will my person injury case take?” The time is takes to process your case depends on your individual accident and the details surrounding it. These details include what type of accident it was, were there other parties involved, how severe the injuries were, the type of dispute resolution required, etc. To give you a better idea of timing, let’s discuss the factors more in-depth.

The Type of Accident

A single vehicle accident is one where there’s understandably just one vehicle, and for whatever reason it hits a tree, or a building, or a sign.  Most often, if you are the driver of the vehicle there is not going to be much recovery that you are entitled to.  There are certain circumstances where that’s not true, including cases that involve phantom vehicles and product liability cases. If it’s one of those circumstances, then it’s worth talking to an attorney to find out if you may have a case.  If you are a passenger in the vehicle that was in a wreck, you sometimes have a case too. A fender bender is a low impact accident that happens when someone who’s not paying attention, or who is distracted runs into the vehicle in front of them.  The important thing to remember with a fender bender is that if there is any damage to your vehicle there very likely is damage to you.  Several days later you may discover symptoms of whiplash or an achy back as a result of the accident. There are often times when severe injuries can result from a minor accident. Unfortunately, more serious accidents do occur and the more damage done to the car, often means more damage to the body. Obviously a wreck with an 18-wheeler can be completely devastating considering the size and weight of these trucks. These cases can be very complex, and the scenes may need to be independently investigated to figure out the at-fault driver.  Of course, it’s imperative that you seek medical attention right away in any wreck, and make sure that an accident report is done.

Parties Involved in the Accident

Depending on the location of the accident and specific circumstances regarding each party, every case will have its own unique timeline. When there is a crash involving two cars, liability is often straightforward. Generally, one driver or the other made a mistake, and each has its own insurance company. But truck accident cases are more complex. Accidents involving trucks will therefore take longer to complete. Many industries, including the transportation sector, require workers to be in or around moving vehicles constantly. This increases the risk of injury and death from motor vehicle accidents. Parties involved in an accident at their workplace may understand how it can complicate the time their case is handled.

The Extent of Your Injuries

The severity of your injuries suffered in a car accident can vary significantly. Our team of attorneys has successfully represented car wreck victims who suffered from severe injuries such as spinal cord injuries, traumatic brain injuries, broken bones, and even death, to less severe injuries such as minor cuts and bruising or whiplash. Based on the severity of your injury after your accident, the time needed to get your case running will vary. If it is a simple injury, it will move much quicker compared to an injury requiring extensive medical treatment. You want to be careful not to rush the case, so that you can ensure every aspect is handled carefully in order to get the biggest reward possible.

The Type of Dispute Resolution Required

Once our attorneys are able to go through all the necessary information regarding your case, they will then decipher which methods they feel will have the greatest impact on your settlement. While there are some methods that require less time, it can sometimes be necessary to keep your case open a little longer in order to make sure every expectation has been met. Our attorneys and case managers make it a top priority to keep our clients informed on where their case stands, and what steps they are taking to stay on top of everything.

If you have been injured in an accident, we encourage you to speak to an injury attorney right away. At Greene & Phillips, our team of experienced injury attorneys fight hard to get their clients every dollar they deserve. Our office is located at 51 North Florida Street in Mobile, Alabama. You can call us at (251) 478-1115, or come by anytime, you never need an appointment at Greene & Phillips.

Infrastructure Bill Allows Trucking Companies to Hire Underage Drivers

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Trucking companies all across the country will soon be free to hire underage drives, thanks a provision included in the $1.5 trillion infrastructure bill recently signed into law by President Joe Biden. The provision will help the industry manage the shortage of truck drivers that has hindered the nation’s supply chain in recent months.  But critics are apprehensive about putting underage drivers behind the wheel of 18-wheelers and other large commercial vehicles.

The trucker shortage has only worsened throughout the Covid pandemic. It is a very demanding job with irregular and long hours, often away from home for weeks or even months at a time. As the pandemic began, many truckers resigned or took early retirement in order to combat a stressful work environment. The industry’s “great resignation” has only worsened the pandemic-related supply chain issues that have left store shelves bare, led to rising prices, and extended delivery times for many goods.

Federal regulations had required truck drivers to be at least 21 years of age before they could drive a large commercial vehicle across state lines, while those aged 18 to 20 could only drive routes within their state. But the trucking industry has long sought to hire “underage” truckers, stating that the ability to bring on drivers as young as 18 would ease the personnel shortage. The industry finally sought some relief when the infrastructure bill was signed in November 2021.

The new law requires that the U.S. Department of Transportation establish an apprenticeship program for underage drivers by January 14, 2022. It’s estimated that this new program could certify up to 25,000 underage drivers as long-haul truckers per year until it ends in 2024. Apprentice truckers will be required to drive 240 hours under the supervision of older drivers, and they may only operate vehicles equipped with safety features like automatic brake systems, and a 65 mile per hour speed governor. But once they’ve put in their 240 supervised hours, they will be free to drive across any state in the country.

The Owner-Operator Independent Drivers Association (OOIDA) claims that underage truck drivers brings about an increased crash risk – a concern backed by available research. An earlier commercial driver safety study found that crash risk increases with younger drivers, then falls as they get older, and begins to rise again once they reach age 65. In 2019, the Congressional Research Service studied proposals for lowering the minimum truck driving age to 18, and ultimately concluded that “young commercial drivers, like young drivers overall, are much more likely to be involved in crashes than their older counterparts.” While the trucking industry insists underage drivers are key to solving its long-standing personnel problems, could the issue be more related to retention versus recruitment? Trucking suffers from a staggering 100% turnover rate, with data suggesting that 1/3 of all new drivers quit after just three months on the job. Nonetheless, with studies having already been done concerning the safety issues of underage drivers, is it truly worth the risk? When it comes with catastrophic injuries and a potential loss of life, the answer is no.

Our team of experienced personal injury and wrongful death attorneys have successfully litigated many cases against trucking companies. Don’t let an insurance company force you into a small settlement. Our attorneys are available 24/7, and you never need an appointment at Greene & Phillips. Stop by when it’s convenient for you, or call us at 877-478-1115.

Car Seat Safety

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Being involved in a car wreck is scary enough, but when children are involved, it elevates that fear even further. Your first thought is, “Are my kids ok?” Car seat safety is extremely important, and could potentially save your child’s life.

So what are the car seat safety laws in Alabama? According to the Alabama Law Enforcement Agency, infant-only or convertible car seats that are rear-facing must be used for infants until they reach one year of age, or 20 pounds. Forward-facing convertible car seats must be used until a child is 5 years old, or 40 pounds. Booster seats are to be used until a child reaches six years of age. ALEA also states that, “Every person transporting a child shall be responsible for assuring that each child is properly restrained.”

Properly installing a car seat is just as important as having the correct seat. Safe Kids Worldwide has a program to certify technicians in proper car seat safety. These technicians can be found all across the country, and by contacting them you can get one-on-one instruction on how to properly use and install your child’s car seat. In the greater Mobile area, USA Health has regular, free events for their certified technicians to check that your car seats are properly installed in your vehicle. It is also a good idea to register your child’s car seat for any possible recalls. You can do so here.

In the event that you are involved in a car wreck with child passengers, seek medical attention right away. Small children can not communicate effectively, so it is best to have them seen by a doctor to determine the severity of their injuries. Also, documentation of immediate medical treatment will benefit any personal injury case. Next, contact a personal injury attorney. A personal injury attorney will offer advice, and ensure that you are properly compensated for your injuries. And the third thing you should do after a car wreck involving children, is to replace your car seats. Most auto insurance companies will replace your car seat for free if it is involved in an accident. The force of impact from a crash can compromise the structure of a car seat and will  be ineffective in protecting them further. Every policy is different, so contact your auto insurance provider for more information.

If you have any furthers questions about car seat safety, you can call us 24/7 at (251) 300-2000 or stop by our office located at 51 North Florida Street in Mobile, Alabama. You never need an appointment to speak to a lawyer at Greene & Phillips.

Who Has the Right of Way?

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The concept of “right of way” is important to understand because the law never really grants the right of way, it simply states when the right of way must be yielded. Right of way can be used when the law permits its use by requiring that others yield the right of way to you. Failure to yield the right of way can lead to very serious car accidents. Every driver, motorcyclist, moped rider, bicyclist, and pedestrian must do everything possible to avoid a crash. When you yield the right of way to another vehicle, you are letting them go before you in the traffic situation.

Under Alabama law, pedestrians must obey all traffic-control devices, such as crosswalk signals, applicable to them, except when they are told to do otherwise by a police officer. When in crosswalks, pedestrians have the right of way only under certain conditions. Pedestrians also have the right of way when there are no traffic-control signals, or when those signals aren’t working. Vehicles must slow down and stop when approaching pedestrians that are in, or close to their lane. Pedestrians are required to use crosswalks when they are available, and they should use the right half of the crosswalk, and they are prohibited from crossing an intersection diagonally unless authorized.

When crossing at someplace other than a crosswalk, pedestrians do not have the right of way. They must yield to traffic and they must also not suddenly leave the curb. On sidewalks, pedestrians have the right of way. It is illegal for pedestrians to walk on the road when there is a sidewalk available. When there is no sidewalk, pedestrians must walk on the shoulder, as far away from traffic as possible. When walking on the road, pedestrians must give the right of way to traffic.

When the right of way concept pertains to motor vehicle operators, the National Highway Traffic Safety Administration suggests remembering these few simple tips in order to avoid a crash. At an uncontrolled intersection, or four-way stop, the first vehicle to stop should be the first one to go. If you pull up to a four-way stop and see a vehicle already there, you should yield right of way to them. Also, if you arrive at an uncontrolled intersection at the same time as another driver, the rule of thumb is to give way to the right. Meaning, that the driver to the right would be the first to proceed. The next tip to remember is that straight traffic has precedence over vehicles that are turning. If you are turning, whether it be right or left, it is your responsibility to yield to the traffic coming or going straight. Next, always pay attention to signage. If you pull up to an intersection that does not have a stop sign but has a yield sign, be sure to yield. And lastly, when it doubt, just wait it out.  When you are not sure, it does not harm anyone to wait longer before you proceed. However, this does not apply to instances when you know that you have the right of way, because hesitation could lead to an accident.

If you are involved in an accident, the first thing you should do is contact the authorities and seek medical treatment. The next step you should take is to then meet with a personal injury attorney. The lawyers at Greene & Phillips are available 24/7. You can call us at (251) 300-2000.

Delivery Truck Accidents

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As more and more Americans turn to services like Amazon to get packages delivered right to their doorstep, delivery trucks are becoming more present on our roadways. UPS, FedEx, and the United States Postal Service all have many drivers out delivering these packages, but it is important that the delivery drivers follow the rules of the road and avoid accidents at all costs. Unfortunately, that does not always happen.

According to data from the University of Alabama, in 2018 there were 10,079 commercial truck and delivery vehicle accidents in Alabama alone. These accidents lead to 2,629 injuries and 121 deaths.

Delivery truck wrecks are often the result of negligent truck driver behavior. Because of the increased demand for drivers in recent years, many delivery companies are hiring increasingly inexperienced drivers who do not know how to operate a delivery truck safely. Divers are faced with unreasonable deadlines, harsh hour requirements, and other stress factors that can contribute to poor driving.

Driver behaviors that commonly tend to cause delivery truck crashes include speeding, driving recklessly when it is raining, running red lights or stop signs, failing to yield, or driving while dangerously fatigued.

What should you do when you are involved in an accident with a delivery vehicle such as a UPS truck or FedEx truck? The first thing you should do if you are hit by a delivery truck is call the police and seek medical attention immediately. Make sure that the police conduct a thorough accident investigation, and take as many photos as possible. After seeking medical attention, you or a loved one should contact a local injury attorney who specializes in representing accident victims.

Don’t let the delivery truck company deny you the money you deserve for your injuries. When you contact Greene & Phillips, an experienced personal injury attorney from our team will work with our investigators, experts, and case managers to build a case against the driver at fault and get you the compensation you deserve.

If you have been injured by a delivery truck, call Greene & Phillips as soon as you possibly can at 1-888-510-1020, or fill out our free case evaluation. You can also come by our office at your convenience, and you never need an appointment!

What You Need to Know About Jury Duty

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Serving on a jury is a unique right that we enjoy as Americans. Because the law grants trials by a jury of one’s peers, it is common to be summoned to serve jury duty at a trial in your area. What makes someone eligible to serve jury duty? In Alabama, a pool of potential jurors is randomly selected from the local population of individuals eligible for jury duty.

In the state of Alabama, a prospective juror is considered to be qualified if they are a citizen of the United States, a resident for more than 12 months, over age 19, have the ability to read and follow instructions given in the English language, are not afflicted with any disease or handicap which obstructs the physical or mental requirements of a juror, and have not been convicted of any crime defined as having “moral turpitude” which resulted in the loss of their voting rights.

When the trial deals with personal injury, that trial would be considered a civil trial. If you are selected for a jury of a civil trial where one party is seeking damages against another person or business, one important piece of information you are not allowed to know is if there is insurance available to pay for those damages.

It is important to keep this information in mind, because as a jury member, you may see the defendant and sympathize with him. You may not want to make him pay tens of thousands or even hundreds of thousands of dollars, even if the evidence is clear that that amount of money is what it would take to pay for their negligence.

In reality, 99% of the time, the defendant will actually have to pay nothing. It is his insurance company that will pay for the damages, and you as a juror are not allowed to know that, and by extension not allowed to know how much coverage the defendant has.

Juror sympathy for the defendant in the case, often caused by not knowing how much coverage the defendant has, can cause a ruling in the defendant’s favor, leaving the injured plaintiff without fair compensation for their injuries.

David Greene, when asked about this situation, said, “It’s a problem that we see often. People, who through no fault of their own, are in accidents causing terrible injuries, yet the person responsible for the accident and his insurance company get away without paying what they are supposed to pay, because a jury member may have pity on the defendant.”

At Greene & Phillips, our primary focus is on making sure our clients are getting the compensation for their injuries that they deserve. Living and working in Mobile, our attorneys are equipped to serve you and your case. During your treatment following your accident, our team of attorneys and support staff ensures that the maximum value for your case is being pursued.  If you have been injured due to no fault of your own, or if you have any further questions about dealing with the insurance company or jury duty, come by our office anytime, or call us at (251) 300-2000. We are available 24/7, and you never need an appointment at Greene & Phillips.