The Shelnutt Law Firm, P.C. Blog

Choosing a name for your baby is an important decision as you prepare for the arrival of your newest family member. There are as many different perspectives about the choice as there are names to be considered. Some parents want to find a unique name that sets their child apart as an individual. Others value maintaining a family connection naming the baby after a relative or ancestor. Babies have been named after famous people and people who have touched the parent’s lives. No matter what the rationale behind a parent’s decision it is a personal one that most people take very seriously. Getting a Social Security Number for your child is voluntary. Most people file for one right away for the tax benefits. Because of that, the information on naming trends is readily available. The Social Security Administration compiles information on the most popular baby names each year and publishes them on its web site. Here are the top ten names for boys and girls for 2009: Top Ten Boys Names for 2009 1. Jacob 2. Ethan 3. Michael 4. Alexander 5. William 6. Joshua 7. Daniel 8. Jayden 9. Noah 10. Anthony Top Ten Girls Names for 2009 1. Isabella 2. Emma 3. Olivia 4. Sophia 5. Ava 6. Emily 7. Madison 8. Abigail 9. Chloe 10. Mia Choosing a name for your baby is just one of the choices you have to make as a new parent. Choosing to make sure that you and your child are prepared for whatever the future may hold is important too. Making sure that your wills and trusts are structured to protect your new family member is essential. Please contact The Shelnutt Law Firm, P.C. today.

Losing a family member to an untimely death can be devastating. A medical condition that suddenly manifests like a heart attack or stroke that causes the death can be hard to understand. When the death is caused by an accident or the actions of another person it raises questions. When you believe that your loved one’s death was caused by a person or an organization you may have a basis for a wrongful death suit. Wrongful death can be claimed any time it seems that someone else is responsible; proving that responsibility can be difficult. There are a number of different factors to be considered and having an attorney who knows the law and has successfully investigated and won settlements in wrongful death lawsuits is essential. The following four questions provide a test to see if you can proceed with a wrongful death claim: • Are you a surviving spouse, child, beneficiary or dependent? • Have monetary damages resulted from the victim’s death? • Was the death was caused by or contributed to by a person or organization? • Was that person or organization negligent or strictly liable for the victim’s death? If you can answer yes to these questions you likely have a basis for a wrongful death claim. Often the answers aren’t that clear. You may be a surviving relative and know that there has been a monetary impact from the death but what about the other questions. To find those answers you’ll need help. For the help you need, please contact the experienced wrongful death attorneys at The Shelnutt Law Firm, P.C. today, serving Anniston, Gadsden and Birmingham, Alabama.

There’s a popular bumper sticker out there today. It says “Shut Up and Drive.” Cell phone use while driving is a prevalent behavior that can be infuriating for the impact that it inflicts on others. Sometimes that impact is inconvenience, sometimes it requires a response like avoiding the distracted, talkative driver, and sometimes it can be deadly.

The difference between inconvenient and deadly can be a few seconds of time or a few inches of distance. There is much information available about the impact of distracted driving. Since the advent of the cell phone there has been mounting evidence of the impact of cell phone use as one of those distractions. The compiling of accident data and research tests only capture part of the story. Much of the story is told anecdotally of the close calls and “stupid drivers” who caused them. That information is harder to quantify but many believe that the problem is even bigger than reported.

Legislators and law enforcement professionals know it’s a problem. In recent years seven states have enacted legislation banning hand held cell phone use and 25 states have laws restricting use by novice drivers. Based on the current laws you might think that the problem is about youthful drivers but research indicates it’s not confined to any age group.

If you’ve been frustrated or infuriated by a driver talking on their cell phone take a deep breath and keep watching out for the other person. If you’ve been injured by one and you live in the Birmingham, Alabama area please contact The Shelnutt Law Firm, P.C. today.

The freedom and flexibility of being able to communicate at any time and place is something that we enjoy in our society. Cell phones have done much more than simply removing the cord from the phones of our lives; they have changed the way we communicate.

A significant change to the way that we communicate since the advent of the cellular phone is text messaging. As with all technological advances there are challenges that have to be overcome. One of the biggest challenges with cellular phones and text messaging is people texting while driving.

Texting and driving is an issue that has been elevated to a place of prominence in recent years. The mounting body of evidence documenting the impact of drivers texting behind the wheel has legislative and law enforcement agencies looking for ways to curtail the behavior and reduce accidents.

In spite of the efforts at safety and the prominence of the issue, there continues to be a significant number of automobile accidents with texting attributed as the cause or a contributing factor.

Texting behind the wheel is an unsafe, and, in some states, an illegal behavior. In Alabama it's not against the law (exception for novice drivers) but it is a hazard. When someone makes a decision to text while driving and a collision occurs, he/she should be held accountable. If you have been injured by a driver who was distracted due to texting while driving and live in the Gadsden or Birmingham area please contact The Shelnutt Law Firm, P.C. to get the compensation you deserve.

Auto accidents are an inconvenience at a minimum but can also be life changing or life ending. If you've been in an accident the last thing you need is to be burdened with complicating details. Getting into an accident while driving a rental car has a high likely hood of adding complications into the mix of all of the things you have to do. Most of the challenges related to wrecking a rental car are related to insurance coverage. There are a few possible types of coverage that may come into play after an accident. Knowing what coverage you have is important, having adequate coverage is essential. The two primary mediums of insurance coverage while driving a rental car are your personal auto policy or coverage you purchase from the rental agency. There are also other coverages that may be available such as that provided by a credit card provider. Personal Auto Policy – If you have full coverage insurance with a reputable company your coverage will likely apply to a vehicle you rent. The declarations of your policy should provide the information you need to understand your coverage. If you have questions about coverage you should contact your insurer prior to renting. Rental Agency Coverages – There are different levels of coverage available for purchase from the rental agency. Each of the coverages come at a significant premium but driving without adequate coverage has the potential for costing much more. The most important ingredient is that you know what coverage you have and making sure it's adequate in the event of an accident. If it does happen you'll be glad you had the coverage but you’re still going to need the help of a legal team experienced in helping people in the midst of complicated auto accident circumstances. Please contact The Shelnutt Law Firm, P.C., serving Gadsden, Birmingham, and Anniston, Alabama (and surrounding areas).

Everywhere you go you see them, U-Haul trailers and trucks being driven or towed by people who are taking a low cost approach to moving their personal belongings. It’s safe to assume that most of those people who are driving the trucks and towing the trailers do not have adequate experience operating the type and size of vehicle they are driving or much experience towing a trailer that when loaded sometimes weighs more than the car you see towing it. Most drivers of passenger vehicles have limited or no experience in driving larger vehicles. A 26 foot U-haul moving truck is much larger and weighs much more than a passenger vehicle. That inexperience isn't significantly impactful during normal, low speed driving conditions. At highway speeds or when something goes wrong during the operation of the vehicle, serious truck accidents can occur. Similarly, most drivers have limited or no experience towing a trailer with their passenger vehicle. Towing a 6 x 12 foot tandem axle trailer and not understanding the dynamics of loading and pulling a trailer can spell disaster. Local moves by inexperienced drivers produce the fewest significant accidents. The types of accidents common for local moves in U-Haul vehicles include those related to the clearance of the vehicle (height, width & length). Rental trucks striking objects when maneuvering including low overhangs at gas stations and drive up windows are common accidents. A towing accident with a significant rate of incidence is related to pulling a trailer not equipped with brakes down a hill. Inexperienced operators can fail to proactively slow the vehicle and trailer causing the trailer to "push" the towing auto. This can quickly result in trailer sway that can be difficult to recover from. Sorting out all of the details of who is responsible for paying for damages and injury after an accident with a rental truck or trailer can be difficult. If this has happened to you and you live anywhere in Alabama, please contact The Shelnutt Law Firm, P.C.

A major factor in truck accidents is driver fatigue that leads to some 750 fatalities and 20,000 injuries each year. Some 30% of all semi truck accidents are caused by driver fatigue according to some experts. Trucking industry sources claim that the number is closer to five percent. Whatever the actual number is, it’s clear that driver fatigue is a significant issue and contributing cause in truck accidents.

Drivers of all types of vehicles are susceptible to driving while tired. Anyone in any vehicle driving while fatigued is a potential safety hazard. The size of a tractor-trailer truck is a significant factor in the severity of crashes of trucks. When you get into an accident with a truck you can typically expect the damage to be more severe and the injuries more serious.

There are U.S. Department of Transportation (DOT) regulations in place that govern driving time and rest periods for truck drivers. Much of the reporting is the responsibility of the drivers themselves which provides a challenge in accountability. The biggest challenge may be that drivers are often compensated based on their schedules and timeliness. This can be seen as incentivizing drivers for prioritizing schedules over safety. Trucking companies by their policies typically emphasize that safety including driver rest is of paramount importance but often their emphasis on delivery requirements is perceived to be more important.

If you’ve been involved in an accident with a truck determining cause and liability will take some work. Please contact The Shelnutt Law Firm, P.C. to engage our legal team with a proven track record of making trucking companies pay.