Transportation accidents can alter life. Most of the time, victims sustain catastrophic injuries involving extensive medical and surgical interventions. It may require long-term hospitalization and multiple surgeries, followed by long periods of rehabilitation. The extent of such medical needs can lead to medical malpractice claims or wrongful death especially if the prognosis is poor. In Alabama, transportation accidents are common owing to its vast transportation network. This transport system includes highways, rural roads, railways and air routes. In every transport system are risks that may lead to accident occurrence. These factors reveal the need for preventive measures with safety regulations to lessen the toll on individuals and families caused by accidents.
Alabama’s roadways and highways play an important role on a daily basis, either for personal or business needs. It connects different parts of the state allowing flow of people, goods and services from the cities to the rural parts of the State. The Alabama state reports a high number of serious accidents each year. These accidents can result in serious, grave, catastrophic injuries, leading to permanent or long-term disabilities, and it goes further to cause emotional and financial blow to the affected individuals and their families. The effect sometimes stretches on for years.
Between 2011 and 2022, the United States recorded high numbers of deaths from transportation-related incidents. The U.S. Department of Transportation reports 350,000 deaths attributed from road-related incidents involving motor vehicles. In just one year’s data, in 2021, a total of 42,929 individuals lost their lives from motor crash incidents alone, among these included 7,388 pedestrian deaths. According to the Alabama Department of Transportation, in 2022, the State faced 144,263 crashes which resulted in 37,935 injuries and 986 fatalities. The same Government agency added that between 2013 and 2022, there has been an increase in rural fatalities by 22.63% and urban fatalities by 1.07% from transportation-related incidents. Moreover, the National Transportation Research Nonprofit approximated that from 2017 to 2021, an average of 130 individuals lost their lives each year in Alabama due to large truck collisions putting commercial vehicles in these incidents. These information signals a rising concern on road safety and the need to improve traffic rules and driver education to ensure that it provides effective coverage.
Since catastrophic injuries from transportation-related incidents often require extensive medical and surgical intervention, there is a heightened risk for medical or surgical errors for these procedures. It leads to medical malpractice, thus, bringing legal claims. The claims occur in instances where healthcare providers are negligent which led to further harm or even death of patients. Medical malpractice laws in Alabama are strict. The plaintiffs have to prove that the healthcare provider has fallen below the standard of care, and because of this breach of the standard, additional injuries have been caused to the patient. There is a statute of limitation of two years from the date of the alleged medical malpractice for filing a lawsuit. Though, in some cases, the time may be extended. However, extensions are not always given. Moreover, non-economic damages are capped by the State at $400,000, which disproportionately impacts certain groups such as the elderly, stay-at-home parents, and children who may not have significant economic losses (in the form of lost wages) but rely on non-economic damages as the basis of their compensation.
In an interview discussing his research, Professor Martin A. Makary of John Hopkins Medicine said medication errors in the United States result in 251,000 deaths annually. The number is 9.5% of the total deaths in the Country. It makes medical malpractice the third leading cause of death in the United States. According to a Forbes Advisor report, there were 471 recorded medical malpractice claims in Alabama that have resulted in financial settlements. Those cost-of-living adjusted payments come out to $1,189,077,120. The average payout per instance for an individual medical malpractice case in the State is approximately $2.52 million. It suggests that not only are these claims frequent, but it also has considerable costs associated with it, reflecting the seriousness of medical malpractice and compensation awarded to affected persons. This gives the importance of patient safety and the impact on healthcare providers.
If the death of a person is caused due to someone else’s negligence or misconduct, for example, medical malpractice or just plain road traffic accidents, it constitutes wrongful death. Alabama wrongful death claims must be filed within two years from the date of death of the deceased. It puts pressure on the family of the deceased since late action will not lead to justice. Legal proceedings can be tedious because it requires expert testimony to prove the connection between the negligence or misconduct and the death. Individuals and families who have fallen victim under such circumstances in Alabama should consult an experienced attorney at law who can fight for their case.
About the Author
Sean M. Cleary is a personal injury attorney whose area of practice includes traffic accidents, medical malpractice and wrongful death. His law firm, The Law Offices of Sean M. Cleary is headquartered in Miami, Florida. He has over 20 years of professional experience.