Drunk driver causes accident. Jaws of life are used to remove passengers. What are the legal troubles the driver will be facing?

An early morning wreck on Beltline Road and Highway 31 in Decatur sent two women to the hospital. Decatur police say the crash happened after a driver ignored a traffic signal and slammed into another car with two women inside. Fire and rescue crews used the jaws of life to remove the two passengers.

One person was taken to Huntsville Hospital and the other was taken to Decatur General Hospital, both with non-life threatening injuries. The driver of the other car was arrested and taken into custody. At this point, police believe that alcohol was a factor in the wreck. They’re continuing to investigate.

Legal Analysis: Drunk drivers are particularly dangerous being they are impaired and due to the impairment, they can be very reckless & dangerous drivers.

In cases such as this, the driver can be held liable along with the bar or establishment who served alcohol to the drunk driver.

If you or a family member has been a victim of a drunk driver, call Guster Law Firm 205-581-9777.

About the Author: Eric Guster is an attorney nationally recognized for his legal analysis. He appears weekly on Fox News, CNN, and MSNBC providing legal insight into the nation’s most interesting and complex cases. Guster’s Law firm is based in Birmingham, Al. If you are need of legal help, call Eric Guster today at 205-581-9777 or email Eric@gusterlawfirm.com.

For the original story, visit: http://www.wsfa.com/story/30859241/2-taken-to-hospital-1-in-custody-after-early-morning-wreck-in-decatur

Wetumpka man killed in accident and was not wearing his seatbelt. Can civil and /or criminal charges be filed when the victim is not wearing a seatbelt?

 A car crash near Wetumpka claims the life of a 46-year-old Wetumpka man. The two-vehicle crash happened just after 4:30 p.m. January 2nd. Investigators tell us the victims, Daryl Kendrick died when his Toyota pickup collided with a Chevy Tahoe.  Investigators tell WIAT 42 Kendrick was not wearing a seatbelt at the time of the crash.  He died at the scene. The Alabama State Troopers office is investigating.

Legal Analysis: In accident cases where a person is killed while not wearing a seat belt, there are multiple litigation issues. However, settlements can be reached on behalf of the deceased person’s family if another driver caused the accident.

If your family has been impacted by a wrongful death, contact Guster Law Firm 205-581-9777.

About the Author: Eric Guster is nationally recognized as an attorney and legal analyst. Guster provides weekly legal insight into the nation’s most interesting and complex cases on Fox News, CNN and MSNBC. Guster Law Firm, is based in Birmingham, Al. If you are seeking legal assistance, call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com.

For the original story, visit: http://wiat.com/2016/01/03/man-killed-in-elmore-county-accident/

Man arrested after fatal hit and run. What’s next for the victim’s family?

Demopolis police have announced an arrest in a hit-and-run that left a man dead in November.  William Christopher Reid was killed on Bell Grayson Road on Nov. 29. Police say the vehicle fled the scene. A suspect was taken into custody on Thursday. He is identified as Herman Gilmore Jr., 44, of Eutaw. Gilmore is charged with leaving the scene of an accident with injuries, tampering with physical evidence and possession of cocaine.

Legal Analysis: In cases of hit and run the driver faces multiple issues. First, the driver can be arrested for leaving the scene of an accident. Secondly, the driver faces civil litigation for the accident and the injuries received in the accident.

If you or a family member is a victim of a hit and run driver, contact Guster Law Firm at 205-581-9777

About the Author: Eric Guster is known nationwide as an attorney and legal analyst. Guster appears weekly on Fox News, CNN and MSNBC providing legal insight into the nation’s most interesting and complex cases. His law firm, Guster Law Firm, is based in Birmingham, AL. If you are in need of legal assistance, call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com.

For the original story, visit: http://www.al.com/news/tuscaloosa/index.ssf/2015/12/arrest_made_in_fatal_hit-and-r.html#incart_river_home

Toddler hit by vehicle in parking lot. Can civil charges be filed when the incident was not intentional?

child hit by car in parking lot

Officials with the Birmingham Police Department are investigating after a toddler was hit by a vehicle in a parking lot on Saturday afternoon. The accident happened in a parking lot in the 7700 block of 2nd Avenue South around 3:15 p.m. on Saturday.

An initial investigation by police determined the accident happened as a family was exiting a vehicle. The vehicle reportedly rolled backward hitting the girl. The girl was taken to Children’s Hospital where police say she is in critical condition. No other details have been made available. An investigation continues.

Legal Analysis: A case like this heavily depends on which party was at fault. The adult who was supposed to be supervising the child can be at fault for not properly caring for the child. The driver of the vehicle can be liable for not properly paying attention while driving.

About the Author: Eric Guster is a personal injury attorney who represents the victims and families of all catastrophic accidents. He is known nationwide for his analysis of legal issues on networks such as Fox News, CNN and MSNBC. If you are in need of legal assistance, do not wait. Call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com

For the original story visit: http://www.wbrc.com/story/30871040/birmingham-police-toddler-in-critical-condition-after-she-was-hit-by-vehicle

 

Wild police chase turns out to be a 13 year old driver. Can the parents be held liable for damages?

A 13-year-old boy is in custody after leading deputies on a wild police chase through Clinton Township with his 8-year-old sister as the passenger, according to the Macomb County Sheriff’s Office.

We’re told deputies tried to pull over a black Nissan Altima after reports of erratic driving on Metropolitan Parkway near Harper on Saturday around 11:30 p.m. The driver of the Nissan apparently stopped on the road shoulder, but before the deputy could approach, he took off at a high-rate of speed. We’re told deputies were unaware of the occupants’ ages.  After a short pursuit, the 13-year-old lost control, crossed a grassy median and ended up in the eastbound lanes of Metropolitan Parkway where they tried to flee on foot.

The driver and his sister were eventually caught. The girl, deputies say, was turned over to her mother. The 13-year-old is expected to have a juvenile detention hearing later today.

Legal Analysis: In a case like this, if the car crashed and caused damages and injuries, the juvenile driver and his parents could be liable for damages. The juvenile driver may be held criminally responsible for his actions as well. If the parents were aware of his erratic behavior and allowed him to drive, the parents could be held criminally liable in many jurisdictions.

About the Author: Eric Guster is nationally recognized as an attorney and legal analyst. Guster provides weekly legal insight into the nation’s most interesting and complex cases on Fox News, CNN and MSNBC. Guster Law Firm, is based in Birmingham, Al. If you are seeking legal assistance, call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com.

For the original story visit:

http://www.wxyz.com/news/video-13-year-old-leads-deputies-on-wild-chase-in-clinton-township-with-8-year-old-sister

Woman and 2 children killed by drunk driver. Can more than the driver be held liable?

A woman and two young children were killed early Sunday morning when authorities say they were hit by a drunk driver in eastern Jefferson County. Those dead are Diane McGlown, 47; Cardell Coachman, 8 and Jakobe Johnson, also 8. The blood alcohol level of the motorist who struck them was more than twice the legal limit, said Jefferson County sheriff’s Chief Deputy Randy Christian, and he is now charged with three counts of murder. Deputies were dispatched to the intersection of Alabama Highway 79 and Jefferson State Parkway on a report of a traffic accident with injuries. They arrived to find a white Dodge van had collided with a red Mitsubishi.

The 39-year-old female driver and a 71-year-old woman who was a front passenger, both from Birmingham, suffered serious injuries and were transported to the hospital. The Mitsubishi was crossing from Jefferson State Parkway to travel south on Alabama Highway 79. The van struck the Mitsubishi in the driver’s side, Christian said.

The driver of the van, 45-year-old Lawrence Jason Bewley, of Birmingham, was not injured. While questioning Bewley, Christian said, deputies discovered that he appeared to be under the influence of alcohol. He was arrested and charged with DUI and three counts of murder. He remains jailed with bond set at $187,500.

Legal Analysis: There are several legal issues surrounding this case. With a drunk driver being involved, he will be liable as well as the person or establishment serving alcohol can be liable as well. The person and or establishment that served this man alcohol beyond the legal limit may be held liable for the accident. In a case such as this, Guster Law Firm would investigate where this man got drunk, who sold him the liquor and assess their liability in this case. We are certain that the families of these victims want answers as to what happened and want justice for their family members. It will be a long process due to the criminal court system having a job to do along with the civil court system as well.

About the Author: Guster Law Firm is based in Birmingham, Al. Managing attorney Eric Guster is known nationwide as an attorney and legal analyst. Guster provides weekly legal insight into the nation’s most interesting and complex cases. If you are seeking legal assistance, call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com

For the original story visit:

http://www.al.com/news/birmingham/index.ssf/2015/12/woman_2_young_boys_killed_in_w.html#incart_river_home

Woman runs down more than 30 people, killing one with 3 year old in the back seat

Las Vegas accident

A driver veered onto a crowded sidewalk several times on the Las Vegas Strip, injuring more than 30 people in what authorities described as an “intentional” act.  At least one person was killed and 37 others injured near the Paris Las Vegas Hotel on Sunday night, authorities said.

Witnesses said the woman was driving down Las Vegas Boulevard before her car jumped onto the sidewalk and started striking pedestrians. She allegedly drove the 1996 Oldsmobile sedan onto the sidewalk at different spots and hit more people before barreling down the road.

Police arrested the driver, and she is undergoing tests for alcohol and controlled substances. A 3-year-old in the car with her was unharmed.

Authorities ruled out terrorism but said an initial investigation showed the driver did it deliberately. The driver, who is in her 20s, went onto the sidewalk at least three or four times, according to Zimmerman.

Homicide division officials are looking at numerous surveillance videos from the Strip. The Las Vegas Metropolitan Police Department urged witnesses to flag down officers at the scene and give them a statement. A portion of Las Vegas Boulevard was closed after the incident and was reopened Monday morning, the Police Department said.

One of the hospitals that treated the injured, University Medical Center, said of the 15 patients that arrived, one died, two were discharged, three are in critical condition and nine are in serious condition. Of the patients at this hospital, five are Canadians, University Medical Center spokeswoman Danita Cohen said.

Legal Analysis: This driver will be charged with multiple charges including murder, attempted murder and charges stemming from neglect of a minor in the car. This case is very disturbing because the lady had a child in the car when she allegedly mowed down innocent people with her vehicle.

In my experience, a person accused of this will be required to undergo a mental health evaluation to check for competence at trial. That is the initial step. If she is competent to go forward, the prosecution will do everything in their power to get a conviction and have her sentenced to life in prison.

About the Author: Eric Guster is known nationwide as an attorney and legal analyst. Guster appears weekly on Fox News, CNN and MSNBC providing legal insight into the nation’s most interesting and complex cases. His law firm, Guster Law Firm, is based in Birmingham, AL. If you are in need of legal assistance, call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com.

For the original story visit: http://www.cnn.com/2015/12/21/us/las-vegas-strip-pedestrians-hit/

Mother and two children killed in early morning accident

Huntsville crash

A mother and her two children were killed Wednesday morning in a two-vehicle crash near the intersection of Park Avenue and Coone Street, Enterprise Police said. Sarah Danielle Sexton, 29, Aries Amaru Sexton, 10, and Mina Lee Sexton, 1, were pronounced dead at the scene of the scene of the accident, said Coffee County Coroner Robert Preachers. They were all in the same car, and all of them were in seatbelts, Preachers said.

Police responded to the accident near the Enterprise City Schools Service Center at 7:41 a.m., said Sgt. Billy Haglund, spokesman for the EPD. The two occupants of the other vehicle were transported to a hospital with minor injuries. No further information is being released at this time, but the EPD’s Traffic Homicide Unit is investigating with assistance from Alabama State Troopers.

Legal Analysis: Accidents such as these are so hard to process especially this close to the holidays. The case is still under investigation, but if speeding, texting while driving, or any other form of reckless driving was the cause of the death of this family, criminal and civil charges could be in the near future for the survivors of the accident. If charges are filed, this of course will not bring the lives of the mother and two children killed in this accident. Our prayers go out to the family.

About the Author: Eric Guster is a personal injury attorney who represents the victims and families of all catastrophic accidents. He is known nationwide for his analysis of legal issues on networks such as Fox News, CNN and MSNBC. If you are in need of legal assistance, do not wait. Call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com

For the original story visit: http://www.dothaneagle.com/enterprise_ledger/news/three-dead-in-vehicle-crash-on-highway/article_0d6f52ba-a413-11e5-94de-8f0ecff33c80.html

Youth Pastor arrested for sending obscene material to a minor

A Huntsville youth minister was arrested Tuesday and charged with sending obscene material to a minor. Cristopher Bernal Alfaro, 30, is charged with two counts of transmitting obscene material to a child. Lt. Stacy Bates, a Huntsville police spokesman, said Alfaro used his position to commit the alleged crimes.

The name of the church Alfaro is affiliated with was not immediately available, and no additional information was released Wednesday. The investigation into Alfaro’s actions is ongoing. He was released from jail Tuesday on $25,000 bond for each charge.

“If anyone feels their child or a child they know has been a victim of exploitation, they are encouraged to contact the Huntsville Police Department at 256-722-7100,” Bates said in a statement.

Legal Analysis: We expect people in positions of trust to protect our children from harm. It’s frightening that a person in this powerful position may have taken advantage of his position.

From a legal standpoint, the pastor faces criminal charges and his church may face civil charges as well. If there was improper hiring and supervision by his employer, they could face a judgment against them.

About the Author: Eric Guster is a personal injury attorney who represents the victims and families of all catastrophic accidents. He is known nationwide for his analysis of legal issues on networks such as Fox News, CNN and MSNBC. If you are in need of legal assistance, do not wait. Call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com

For the original story visit: http://www.al.com/news/huntsville/index.ssf/2015/12/north_alabama_youth_pastor_acc.html#incart_river_home

Fatal, fiery crash on I-459 involving 18-wheeler shuts down the interstate for hours

crashjpg-a8ab7e8eeba7073a

A deadly accident an 18-wheeler shut down all lanes of I-459 North near the Galleria on Wednesday just before 1 a.m. near Highway 31. Hoover police said a tractor trailer was traveling northbound on I-459, when it hit an SUV head-on. The SUV was traveling the wrong way on the interstate. The driver of the SUV was thrown from the vehicle and died at the scene.  Police said he was likely the only person in the SUV. The Jefferson County Coroner’s Office identified the victim as Michael Gavin Johnstone Jr. He was 42, and lived in Birmingham.

The driver of the 18-wheeler escaped before the truck burst into flames. He was taken to UAB Medical West in Hoover for treatment of non-life threatening injuries. Both vehicles were destroyed by fire. All northbound and southbound lanes of I-459 were shut down for hours. Authorities said it took several hours to extinguish the blaze. Because of the location on the interstate, firefighters had to shuttle water via a tanker truck from a hydrant on U.S. 31 to the crash site. They also had to use foam to help put out the blaze, said Hoover Fire Executive Officer Rusty Lowe.

The 18-wheeler was not carrying any hazardous materials, but the fuel tank rupture has caused diesel fuel to be spilled onto the lanes of traffic. The Hoover Fire Department, an ALDOT crew and Pro-Tow wrecker service continued to work for hours to clean up the debris and diesel fuel in order to safely reopen the interstate. Both vehicles were totally destroyed by the fire and all northbound and southbound lanes of I-459 were shut down.

The driver of the 18-wheeler was identified as Olatunbosun Shola Giwa, 42, from Houston. He was treated and released from UAB Medical West in Hoover. Giwa was driving a 2010 Freightliner Tractor owned by Legacy King Express in Texas.

Legal Analysis: When a loved one dies in a car crash, families want to know the causes. For some reason this vehicle was traveling down the wrong side of the interstate. Was there a medical emergency or some other cause? Those are questions families want to know.

The trucking company in this case shouldn’t be  liable for the crash due to the SUV’s path. Being that Guster Law Firm handles numerous cases such as this, we know it’s heartbreaking for families to go through the extremely painful process. We strive to make the process of seeking justice as painless as possible.

If you or a family member needs legal help, call Guster Law Firm at 205-581-9777

About the Author: Guster Law Firm is based in Birmingham, Al. Managing attorney Eric Guster is known nationwide as an attorney and legal analyst. Guster provides weekly legal insight into the nation’s most interesting and complex cases. If you are seeking legal assistance, call Eric Guster at Guster Law Firm today at 205-581-9777 or email Eric@gusterlawfirm.com

For the original story visit: http://www.al.com/news/birmingham/index.ssf/2015/12/man_driving_wrong_way_on_i-459.html

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