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Anthony Smith killed in a single-vehicle crash on Hix Road near Sasser Road in Tallapoosa County

Posted on Wednesday, May 6th, 2020 at 4:32 pm    

On Tuesday, April 28th, Anthony L. Smith, 55, was killed in a single-vehicle crash on Hix Road near Sasser Road in Tallapoosa County. The crash occurred when the tractor trailer Smith was driving struck wires that were hanging over the roadway, causing him to strike a utility pole before his vehicle left the roadway and overturned. Smith was pronounced dead at the scene.

What happens when the city may be liable for an accident?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Ken Riley.

   

TIFFANY BITTNER: Ken, it is with a heavy heart that we discuss another life lost on the roadways of Alabama this week. With this being a single-vehicle crash, what options do Mr. Smith’s family have to help them bear this burden in the midst of grief?

KEN RILEY: I agree, it is tragic to lose so many lives due to auto accidents, especially in such a short time frame. In this situation, Mr. Smith’s family should begin by considering the cause of the accident. Many times, in single-vehicle crashes, the driver is typically found to be at-fault. However, occasionally there are underlying circumstances that may have caused the crash. In this specific instance, the wires hanging over the roadway could have been a factor.

TIFFANY BITTNER: If the family believes the wires were indeed a causation factor in this accident, what options would they have then?

KEN RILEY: The family should hire an experienced attorney to investigate the matter further. The investigation could then determine whether the wires hanging in the roadway contributed to the accident. For example, the investigation could answer questions such as: Were the wires up to code? Had the wires been damaged due to the recent bad weather or a previous accident? Were the wires faulty or improperly installed? If the investigation determines that somehow the wires did contribute to the crash, there could potentially be liability for the accident.

TIFFANY BITTNER: If the investigation determines the wires somehow did contribute to the accident, what are some of the legal challenges you would be facing?

KEN RILEY: One of the major issues is preservation of evidence. When an event like this occurs, and there may be liability, evidence tends to disappear quickly. Therefore, it is very important to conduct a full investigation as early as possible. That is why it is so important to hire an experienced attorney early on, so they can take care of the time-sensitive legal matters without burdening the family further.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


30-year-old Justin O’Neal Langham 23-year-old girlfriend Kiyaira Michaela Kincaid lost their lives in a car wreck

Posted on Wednesday, May 6th, 2020 at 4:25 pm    

30-year-old Justin O'Neal Langham 23-year-old girlfriend Kiyaira Michaela Kincaid lost their lives in a car wreckOn Thursday, April 28th, 30-year-old Justin O’Neal Langham and his 23-year-old girlfriend, Kiyaira Michaela Kincaid lost their lives in a car wreck when her 2008 Ford Focus left the road and struck a tree on the driver’s side. Alabama State Troopers said Kincaid was driving at an excessively high rate of speed on Alabama 184, also known as Second Street, across from Galaxy Flea Market, which is three miles east of Muscle Shoals. Colbert Sheriff Frank Williamson was at the scene of the accident and described the crash as one of the worst he’s seen in his career. He said, “It was apparent that it happened very quickly, and I’m thankful they couldn’t have known what even happened. The car didn’t even look like a car.”

What’s next for children who lost their father due to reckless driving?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Kirby Farris.

TIFFANY BITTNER: What a tragedy, Kirby – two young lives lost due to what appears to be reckless driving. Mr. Langham leaves behind three children. What would you say to his family when it comes to going after his girlfriend’s insurance company? I am sure it is a sensitive situation, but that is the reason auto insurance is required by Alabama State Law.

KIRBY FARRIS: The first thing that Mr. Langham’s family needs to understand is that they will likely not be going after Ms. Kincaid’s personal assets. They will be compensated by her insurance company. Very few personal injury attorneys will pursue someone’s personal assets – at least not any that I am aware of. A personal injury attorney’s focus is usually on battling the insurance companies. Insurance companies’ success is based on settling cases for the least amount possible – regardless of what the injured party is entitled to. It’s my job to make sure that our clients are compensated fairly and are able to return to as normal of a life as possible.

TIFFANY BITTNER: Since Mr. Langham was the passenger in a reckless driving accident, what rights does his family have when it comes to collecting from Ms. Kincaid’s insurance company, and do you foresee any complications in this particular situation?

KIRBY FARRIS: Guest/passenger cases are complicated as it is. In this situation, both parties are no longer living to explain what happened and the purpose of their car ride. This case will take an experienced personal injury attorney who is willing to put in the time to investigate this accident. I can foresee many complications, but nothing that would deter me from investigating the case. While Guest/Passenger situations can be difficult, we have been successful in triggering insurance coverage in other cases.

TIFFANY BITTNER: If the family does hire an attorney to work on the case, what happens if it gets too complicated and the attorney isn’t able to get family the compensation they deserve? I know you work on a contingency fee, meaning you don’t get paid unless you win for your client, correct? That seems risky in this situation.

KIRBY FARRIS: Correct, but most cases are a risk. You don’t know all of the facts until you start investigating the case. We actually get a lot of case referrals from other personal injury attorneys when a case becomes too complicated or it is necessary to go to trial. We’ve made a reputation for ourselves in that way.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


David Darnell and daughter Abbey Darnell killed when their vehicle was struck by a Chevrolet pickup truck on I-85 Southbound in Opelika

Posted on Wednesday, April 29th, 2020 at 4:24 pm    

On Thursday, April 23rd, 49-year-old David Darnell and his daughter, 16-year-old Abbey Darnell, were killed when their vehicle was struck by a Chevrolet pickup truck on I-85 Southbound in Opelika. David had pulled into the emergency lane to check on his daughter’s vehicle, which had been left earlier due to a flat tire, when the pickup truck struck their vehicle from behind, knocking them into the stranded vehicle. The driver of the pickup truck sustained unknown injuries and was taken via ambulance to Piedmont Midtown Medical Center for treatment. According to their GoFundMe page, David and Abbey Darnell leave behind their wife/mother, Jill Darnell, daughter/sister, Grace Darnell and son/brother, Jack Darnell.

How do you recover after losing your loved ones?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Kirby Farris.

        

TIFFANY BITTNER: Kirby, this is such a traumatic accident for everyone involved. As a wife and mother of four, I am sure the Darnell Family is going to be consumed by grief over the loss of their loved ones. I know I would be. Is there anything they can do to make their lives the slightest bit easier?

KIRBY FARRIS: Tiffany, right now the best thing Mrs. Darnell can do is to grieve and be there for her children. I am thankful that they have a GoFundMe account set up to help with the financial burden of losing loved ones. However, the driver who hit them is most likely liable to cover expenses that the family will incur. These types of situations are why Alabama State Law requires drivers to have insurance policies that cover a minimum of $25,000 in bodily injury per person per accident and $50,000 in bodily injury for all persons per accident. If she wants to remove some of the burden of negotiating with the insurance company, she can hire a personal injury attorney.

TIFFANY BITTNER: I know we have discussed this before, but in regard to Mrs. Darnell’s family, what happens if the liable driver does not have insurance?

KIRBY FARRIS: A personal injury attorney would be able to seek other options for insurance coverage. Insurance companies want to pay out as little as possible, so they may not be so forthcoming with those options. She will need to reach out to someone who has experience in this type of auto accident, because it may require some investigation to prove the liable party.

TIFFANY BITTNER: I assume when you say “this type of auto accident” you mean a car wreck involving a stranded vehicle or a vehicle pulled off into the emergency lane, right?
KIRBY FARRIS: Yes, exactly, as well as accidents resulting in fatalities. Emergency lanes can be narrow and dangerous, especially on interstates where cars are speeding by. Unfortunately, accidents like this are more common than we would like. We see many clients with grave or fatal injuries as a result of a car parked or pulling over into an emergency lane. Proving the person who survived is liable can be a sensitive, yet complicated task.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


Trey Jay Downey of Southside Alabama struck by a vehicle while riding a bicycle on Hood Road near Linda Lane

Posted on Wednesday, April 29th, 2020 at 9:51 am    

Trey Jay Downey of Southside Alabama struck by a vehicle while riding a bicycle on Hood Road near Linda LaneOn April 22nd, Trey Jay Downey, 49, of Southside, Alabama was riding a bicycle on Hood Road near Linda Lane when he was struck by Jason Lamar Craig, 41. Craig was driving near his home when he reportedly struck Downey from behind. Craig immediately fled the scene of the accident and was later taken into custody and charged with manslaughter. “The police department remains committed to providing an impartial, thorough, and professional investigation into this fatality crash, which has deeply affected our community,” said Southside Acting Police Chief Blake Ragsdale.

A community and a family are all grieving after a bicycle fatality and a manslaughter charge, what happens now?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Ken Riley.

TIFFANY BITTNER: Ken, a prominent member of the Southside community has lost their life to a bicycle accident. You’ve shared many warning stories with me about how dangerous it is to bike on main roads. What do you recommend for this grieving family and community?

KEN RILEY: His wife, Donna Downey, is going to be consumed by grief for quite some time. Her and her two children will endure life-altering changes after losing their husband and father – my heart aches for them. My recommendation would be to get a good lawyer so that she is well represented in hopes of returning to as normal of a life as possible. I am currently representing a client in a very similar situation, where her husband was struck and killed by a distracted driver while cycling on a main road.

TIFFANY BITTNER: Tell me more about the bike accident case you are currently working on. Are these types of wrongful death cases handled differently than your normal auto accident cases?
KEN RILEY: In this particular situation, the person who struck my client’s deceased husband was prosecuted and pled guilty. We are now litigating with that person, his insurance and our client’s insurance company. One of the things that we do as lawyers is identify all of the available insurance on behalf of the family. Many times, one or more of the insurance companies will try to slow play a client so that they can wear them down and settle for less. Fortunately, we have strong clients who want justice. In a situation like Ms. Downey’s, the civil case will likely be “stayed” or delayed until the criminal aspect of the wreck has resolved. That can take several months or more. Even if a case is stayed, there are things that can be done to continue to move the case along, which is what we try to do in these situations.

TIFFANY BITTNER: If Mr. Craig is convicted of manslaughter, does the criminal investigation change your approach on this case?

KEN RILEY: There are many considerations that go into every case. The simple answer is “yes,” but every case is different, and every strategy is different. We construct a litigation strategy for each case that is subject to change depending on what may happen during the course of litigation leading up to trial. Our goal is to always put our client in the best position possible to recover full damages from the person who caused everything and the insurance companies who have promised to make things right.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


Jack Henry Moody of Birmingham killed in a crash at the intersection of Overton Road and Highway 280 in Jefferson County

Posted on Wednesday, April 29th, 2020 at 9:51 am    

Jack Henry Moody of Birmingham killed in a crash at the intersection of Overton Road and Highway 280 in Jefferson CountyOn Thursday, April 16th, Jack Henry Moody of Birmingham was killed in a crash at the intersection of Overton Road and Highway 280 in Jefferson County. The crash occurred as Moody was traveling through the intersection on Highway 280 with a green light when another vehicle merged onto the highway from Overton Road and struck Moody’s motorcycle, which then caused a fire. The other vehicle fled the scene without assisting Moody and without alerting the police. Moody was taken to UAB Hospital where he later succumbed to his injuries. Mountain Brook Police are still searching for the driver of the other vehicle.

What happens now that the other driver is still at large?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Ken Riley.

TIFFANY BITTNER: Ken, my heart breaks for the family of Mr. Moody, especially with the other driver being unknown. Do you see a lot of cases where the other driver flees the scene of the accident?

KEN RILEY: Unfortunately, we do. In fact, we are currently handling several cases involving hit-and-runs, or phantom vehicles, as they’re often called. When this happens, the key is to gather as much information as possible, such as eye-witness accounts, vehicle descriptions, or even security footage from nearby businesses. The more information gathered, the more ways to approach the situation.

TIFFANY BITTNER: If the family was able to obtain security footage, how would that be useful to this situation?
KEN RILEY: Security footage can be helpful in identifying assailants and establishing liability, which is vital in cases like these. It is important to note that if action is not taken to preserve video evidence, the video may “loop” and be erased. There are different policies and loop times depending on who owns and operates the video camera(s). Therefore, it is imperative that a victim or victim’s family act immediately to preserve the evidence. We have been successful in recovering video evidence in car accident cases on many occasions, but sometimes it is just too late.

TIFFANY BITTNER: How would the family go about securing the security footage, if there is any?

KEN RILEY: The easiest way would be to hire an attorney to handle it. Coping with the loss of a loved one is burdensome enough without adding the pressure of trying to meet deadlines. Hiring an experienced attorney to handle the legal and time-sensitive matters gives the family the time they need to grieve, while also being comforted that their worries are being taken care of by professionals.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


16-year-old Taylor Ronald Akin killed in a two-vehicle crash

Posted on Wednesday, April 22nd, 2020 at 2:49 pm    

On Monday, April 20th, 16-year-old Taylor Ronald Akin of Adger was killed in a two-vehicle crash at the intersection of 15th Street Road and CCC Camp Road in Jefferson County. The crash occurred when a Chevrolet Camaro, which Akin was a passenger in, collided with a Chevrolet pickup truck while the truck attempted to make a turn, causing the Camaro to roll multiple times before coming to final rest on the roadway’s shoulder. The drivers of both vehicles were also injured in the crash and have been hospitalized.

What happens now for a grieving family?

WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Ken Riley.

TIFFANY BITTNER: Ken, our hearts go out to Mr. Akin’s family during this tragedy. We both have children of our own – the emotional toll this would take on me is unimaginable. In this situation, what would you recommend Mr. Akin’s family do to help take some of the burden off of them?

KEN RILEY: I agree, and I experience a similar emotion to the one you’re expressing each time a client reaches out to me after losing a child. I go home and hug my kids a little tighter that night. To answer your question, the last thing the family is going to want to deal with is a battle with the insurance company. If the driver in the other vehicle is at fault, Mr. Akin’s family can pursue coverage from the at-fault party’s insurance carrier to help with medical bills, funeral costs, etc. Since the at-fault driver is not yet clear, the family may be able to seek coverage from Mr. Akin’s driver’s insurance carrier. Many people think that if their driver was at fault that somehow revokes their ability to be compensated for their injuries, but that is not correct. While of course we hope the accident was not caused by Mr. Akin’s driver, who was also a teen male, we cannot guarantee that’s the case. If his driver is found liable under conditions such as wantonness or reckless driving, Mr. Akin’s family may be able to hold his driver liable and receive compensation for his wrongful death from his insurance company.

TIFFANY BITTNER: What would happen if neither driver had auto insurance? Will the family endure those costs that you mentioned?
KEN RILEY: If neither of the drivers have auto insurance, there is another option: if the victim himself was covered under an auto insurance policy, they could use his uninsured or underinsured motorist coverage on his own policy for compensation. Though, given that Mr. Akin’s driver was a teen as well, there’s likely coverage on the vehicle.

TIFFANY BITTNER: It’s sad to see these men involved in accidents so young. Do you see a lot of cases where the victims are adolescents?

KEN RILEY: Unfortunately, we do see them quite often. We’ve seen several cases in the past few months that involve either teen drivers or child passengers who’ve been injured, some severely. A lot of our clients have had to seek treatment at Children’s of Alabama, which is why our firm is so passionate about supporting the local hospital. Children’s of Alabama is a remarkable facility that our community is lucky to have. We recently helped two minor clients, both involved in the same accident, where their car wrapped around a pole and split in half. Unfortunately, one of those two clients did not make it, but we were able to help her family. The client who did survive actually did a video interview for us to help encourage and support our annual Children’s Miracle Network Radiothon, benefitting Children’s of Alabama.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


Rollins Car Chase in Huntsville

Posted on Monday, April 20th, 2020 at 2:18 pm    

On Monday, April 13th, Hunter Thomas Rollins fled the scene of an accident where two state troopers and two civilians were injured. The troopers were chasing Rollins after he refused to pull over, Trooper Derek Campbell said Tuesday, April 14th. The troopers collided with a Honda Civic at the intersection of Jordan Lane and Holmes Avenue in Huntsville, Alabama. The troopers’ car overturned and caught fire. As a result of that collision, two other vehicles – a Dodge Charger and a Honda Accord – were hit. The injured parties were taken to local hospitals and have since been released. As of late Tuesday, Rollins was taken into custody and is charged with four felony counts.

What is next for those involved in this accident?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Ken Riley.

TIFFANY BITTNER: Ken, a wreck involving five or more vehicles could have been much more dangerous. Thank goodness there were not any casualties. Since Mr. Rollins caused the accident, but was not involved in the actual collisions, what exactly is he liable for in regard to this accident?

KEN RILEY: Mr. Rollins may still be held responsible for all elements of damage – pain and suffering, lost wages, medical expenses, etc. – even though there was no contact between his vehicle and any of the other vehicles. Mr. Rollins could also be held responsible for punitive damages.

TIFFANY BITTNER: Luckily, Mr. Rollins was caught and can be held liable; however, there are plenty of instances where a phantom vehicle is involved in an auto accident. How does that work for the client when an at-fault driver fleas the scene of an accident?

KEN RILEY: If a client comes to us after being injured in an auto accident involving a phantom vehicle, we always check to see if they have underinsured or uninsured motorist coverage. Whenever I am doing a public presentation on the dangers of distracted driving, I also take that opportunity to recommend each person in the room gets adequate UM/UIM coverage.

TIFFANY BITTNER: For those that do not have uninsured or underinsured motorist coverage, will you explain what it is and when it may apply to them?

KEN RILEY: UM/UIM will help someone in instances where the at-fault driver does not have enough personal auto insurance coverage to help them fully recover or if the at-fault driver fleas the scene of the accident. When you are severely injured, you cannot rely on someone else’s insurance coverage to compensate you for the longevity of your injuries. It could take you months to heal and you will need to be compensated for your time away from work, medical costs, etc.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


3 Car Fatality Crash In Dekalb County

Posted on Wednesday, April 15th, 2020 at 1:46 pm    

On Friday, April 10th, a three-vehicle crash in Dekalb County killed two people and sent two people to the hospital. Robin Darrell Anderson, 47, of Arab died at the scene of the accident. He was driving a 2018 Ford F-150 without wearing a seatbelt, when William Seay, 36, of Rainsville, driving a 2002 Chevrolet Silverado struck his vehicle head-on. Hannah Danielle Moon, 23, of Arab, who was pronounced dead at the scene, and Kellie Denise Anderson, 46, of Arab, who was taken by ambulance to Marshall Medical Center South, were passengers in Robin Darrell Anderson’s vehicle. William Seay was airlifted to Huntsville Hospital. His injuries are unknown. According to authorities, the driver and passenger in the third vehicle were not injured.

What does all of this mean for the survivors?

WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Kirby Farris.

TIFFANY BITTNER: Kirby, there were multiple fatalities involved in this accident – our heart breaks for these families and communities. I am sure the collision was not intentional, but regardless, what does that mean for Ms. Anderson?

KIRBY FARRIS: Well Tiffany, after experiencing this with some of our clients throughout the years, we understand the impact on the survivors as well as the families of those that did not survive. I hope that everyone who helps them has their best interest at heart. To answer your question, hopefully, Mr. Seay had auto insurance to cover the costs that Ms. Anderson will accrue for her injuries and other costs. If he did not, Ms. Anderson has a few options with possible underinsured/uninsured motorist coverage and med-pay. It is uncertain if those various coverage types will be enough to fully recover. How long she is in the hospital and how long it takes her to fully recover will determine how much compensation she will need from Mr. Seay’s personal insurance coverage.

TIFFANY BITTNER: Ambulance and Helicopter bills are steep. Do insurance companies usually cover those costs?

KIRBY FARRIS: Again, it depends on insurance coverage. With so many parties involved, a combination of insurance coverage may be applied to those bills. If the insurance company does not deem the ambulance or helicopter ride “medically necessary,” they may not cover the costs. If that is the case for Ms. Anderson, I would hire an experienced lawyer to help her recover those costs. We have seen ambulance rides cost upwards of $45,000.

TIFFANY BITTNER: We have discussed newer car safety features before, but in Mr. Anderson’s case, he was driving a newer car and was still not wearing a seatbelt. Is it possible to turn off this standard safety feature?

KIRBY FARRIS: Yes, you can turn this feature off, but I highly recommend that you leave it on. That seatbelt could be the difference in life or death one day.
.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


Birmingham Police officer collision with a sedan near Forestdale, Alabama

Posted on Wednesday, March 25th, 2020 at 3:34 pm    

During a vehicle pursuit near Forestdale, Alabama, a Birmingham Police officer collided with a sedan filled with two adults and three children, before continuing on to crash into into an Exxon gas station. The accident happened Saturday around 4pm on Highway 78 at the intersection of Heflin Avenue. All six people involved in the accident were taken to nearby hospitals. The police officer regained consciousness when he arrived at the hospital. The severity of the injuries is unknown at this time.

With many parties involved, what happens now?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Ken Riley.

TIFFANY BITTNER: Ken, in this situation where the people in the sedan were injured during a vehicle pursuit, who is liable? Is the police officer or the car that they were chasing at fault?

KEN RILEY: We do not know all of the facts about the accident, but if I were representing them, I would ask a lot of questions about how the accident happened. Even officers are held to a negligence standard in Alabama if they exceed the authority. If they are in an emergency chase, they still have a duty of reasonable care to other innocent third parties. There are guidelines that police officers must follow when electing to pursue a vehicle in a high-speed chase. The officer, along with the city, county or state that employs them, may be liable for damages caused during the pursuit.

TIFFANY BITTNER: What about the vehicle that the police officer was chasing? Could they be liable for the accident between the sedan and the police officer?

KEN RILEY: The driver of the vehicle, as well as the vehicle’s owner and insurance companies can be required to pay a settlement or judgment if their actions contributed to cause the wreck, injuries and damages or even death.

TIFFANY BITTNER: What do you recommend that the injured parties do now?

KEN RILEY: The next natural step for them is to get the accident report and reach out to their own auto insurance company. Because of the complexity of handling cases against municipalities, I would contact an attorney immediately – you only have 6 months to file a notice of claim against a municipality.

TIFFANY BITTNER: I hope no one involved endured life-threatening injuries and everyone had on their seatbelts to help brace for the impact. Ken, how many cases do you see a year where someone’s injuries were worsened by not having their seatbelt on?

KEN RILEY: With the safety features becoming standard in new cars, we are seeing less and less clients who were not wearing their seatbelt during their auto accident. However, it does still happen, and it always pains me to see someone suffer when the severity could have been prevented. Seatbelts save lives, period.

Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.

Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.


What You Should Know About Rear-End Collisions

Posted on Wednesday, September 26th, 2018 at 3:58 pm    

If I’ve been hit in a rear-end collision, is the driver behind me automatically at fault?

rear end collision
When rear-end collisions happen, the trailing driver will likely be considered at least partially responsible for the accident. This is because all drivers have a responsibility to follow other vehicles at a safe distance. If the car in front of you needs to slow down or stop for any reason, you need to allow enough distance to bring the vehicle to a sudden stop and avoid a collision.

There are some instances in which the driver of the car that was rear-ended could be partially responsible for the accident. Some examples of negligence on the part of the driver in front include:

  • Broken or malfunctioning brake lights – If the vehicle’s brake lights were not functioning correctly, the driver of the following vehicle might not have adequate warning of the impending stop.
  • Reversing suddenly – If the driver in front reverses without notice, they could be at fault for the accident.
  • Stopping for no reason – If the driver in front stops without an apparent reason, they could be held liable for the crash.
  • Mishandling mechanical problems – Stopping to address a mechanical issue is normal, but drivers have a responsibility to pull over to the side of the road or engage their hazard lights.

When it comes to recovering compensation for a rear-end collision, it is important to note how the process works. Alabama subscribes to a “contributory negligence” system, which means that it will be challenging to recover compensation if you are found to be at fault for the crash by even a slight percentage.

That’s why it is so important to have an experienced car accident attorney on your side if you’ve been hurt or if your property was damaged in a rear-end collision. To secure the compensation you need to pay your medical bills, replace lost wages from time missed from work, and get your vehicle repaired or replaced, you will need to present a convincing claim.

Your attorney will work quickly to secure all of the necessary evidence to prove that the other driver was at fault and behaved negligently. They will negotiate with insurance company representatives to get a fair settlement for your claim, and if no such arrangement is offered, they will try your case in court.

The most important thing to remember after a car accident is that time is of the essence. You should first seek immediate medical attention and then contact an attorney as soon as possible to make sure that vital evidence is preserved and witness testimony is secured.

Contact Us

If you have been hurt in an accident in Alabama, the car accident lawyers at Farris, Riley & Pitt, LLP are here to help you. We have the experience, skill, and resources that you need on your side. Contact us at (205) 324-1212, chat with us live, or fill out a contact form to schedule a free consultation with us today.

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You don’t have to suffer after an accident. Contact us today for a FREE consultation. There’s absolutely no fee unless we win.