Archive for Personal Injury Lawsuits

Guest Passenger Law in Alabama

 Most people are unaware that if you are a passenger in a vehicle and the driver of the vehicle negligently causes a wreck, you are not allowed to sue that driver. This is called the “Guest Passenger” Statute. The Guest-Passenger Statute is unique to Alabama and essentially states that when you choose to ride in a car with someone, you assume the risk that the driver might negligently cause a wreck. Therefore, you are not allowed to recover.

 However, there are exceptions to this rule. The traditional exception to this rule is if you pay someone for the ride. For example, if you are in a taxi or an Uber ride, the Guest Passenger Statute does not apply to you. Even if you have just given someone gas money for the ride, that can be sufficient to overcome the Guest Passenger Statute.

 Just this past week, the Supreme Court of Alabama deepened this exception to the Guest Passenger Statute. The Supreme Court stated that as long as the Passenger conferred a tangible benefit to the driver of the vehicle, the Guest Passenger Statute does not apply. In this particular case, the driver and passenger were going grocery shopping. The passenger was in the vehicle for the purpose of helping the driver with her grocery shopping because the driver was old and needed help completing her grocery shopping. While the Supreme Court recognized that no money was exchanged, they found the Guest Passenger statute was inapplicable because the passenger’s job of helping with the grocery shopping was a benefit to the driver.

 So while this law may seem harsh and unfair at times, it is encouraging to see the Supreme Court recognizing more and more exceptions to this unique Alabama concept.

Firm files suit against vicious dog owners

Our firm filed a lawsuit today on behalf of a young Marshall County boy that was viciously attacked by a pit bull.  The owners have previously received citations for this dangerous and aggressive animal.  Our client suffered horrific injuries due to the negligence of the dog owners in question.  We will seek full compensation for the physical and emotional trauma that this kind young boy has suffered for simply riding his bicycle.  We know his family would appreciate your thoughts and prayers.

What is a Facet Joint Injury?

Facet joints are located in your spine.  These joints are contain nerves that come out of your spinal cord and flow through said joint on the way to other parts of your body.  Facet joints contain cartilage which acts almost like a cushion or lubricating device that prevents your vertebrae from grinding on each other.  A facet joint injury can be from trauma, such a car accident, or from wear and tear.  When the cartilage wears out, the joint becomes arthritic.  Sometimes, a facet joint injury occurs in a car wreck because the joints were already worn and the wreck finishes it off.  It is always important to explain to your doctor the full and complete history of your injury, so that he or she can provide the best treatment.  Alabama law provides that an injury that is aggravated in a wreck is, in fact, related to the wreck.  So clarifying to your doctor when the pain in whatever area of your body began is very important.  Do not assume your doctor has “seen it all before.:  Be very candid and forthright with you doctor about where you hurt, how bad it is, and when it began. 

Bad Boy Buggy Litigation

The Bad Boy Buggy was introduced in 2003 as an alternative to the noisy fume emitting ATVs that were commonly used for hunting and utility work by landowners and sportsman. Hunters were eager to try out the new vehicles in the mountain and sneak up on their game using the stealthy electric UTV. Customers were attracted by the powerful electric motors, 4-wheel drive, and locking differential features that could not be found in any other battery powered vehicle. The concept appealed to landowners and farmers because they could be used for transporting staff or materials quietly without disturbing guests in addition to offering a smooth ride. As their popularity grew it was quickly discovered that they did not hold up to the rough terrain or the advertising claims. The older designs were very problematic with a high center of gravity causing rollovers and horrible leg injuries. The vehicles did not include a guard or door that prevented the occupant’s legs or arms from coming out of the vehicle in the event of a crash. It was found that people instinctively extended their legs and arms as the buggy tipped over causing a limb to be crushed or in some cases pulled back and under the sliding vehicle. Since these crashes, the company has attempted to improve their design. They have added shoulder bars and a small foot guard aimed at preventing these types of injuries. Unfortunately, injuries continue to occur because the guards do not adequately prevent a person’s leg or arm from being extended out of the vehicle. The design defects are similar to those that were found in the Yamaha Rhino. Yamaha issued a recall on all of the vehicles and installed doors free of charge to the customer. Unfortunately, Bad Boy Buggies has elected to only add a small shoulder bar and a single piece of pipe to prevent leg-out injuries. If you have been injured in a rollover or “leg-out” wreck, then you might be able to seek a recovery based on the manufacturers negligence. The Lawyers at Hodges Trial lawyers has experience fighting for injured people and would be happy to discuss your case with you. Call today and find out how we can help you get the compensation you deserve!

Legal Action Against Zofran Manufacturer

Zofran Law SuitZofran was approved by the FDA to treat vomiting caused by post operation drugs or chemotherapy. However, the drug was also marketed to pregnant women to treat morning sickness. This drug can cause birth defects such as holes in the heart, club foot, cleft lip, cleft palate, and skull deformities. GlaxoSmithKline knew about the possibility for these defects but still decided to market the drug to pregnant women. Large settlements have resulted from these cases. Generic versions of this drug are called Ondansetron and a similar version is called Zuplenz. If a doctor has prescribed any of these drugs to treat morning sickness or you have been given these drugs while pregnant and had a child with a birth defect, then seek legal counsel. The personal injury lawyers at Hodges Trial Lawyers would be happy to represent you and win the compensation you need.