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Posted by Editor  |  January 31, 2019

Will it hurt my car accident case if I was not wearing a seat belt?

SEAT BELTS SAVE LIVES The safest thing you can do when you get in your vehicle is put on your seat belt.  According to the Alabama Department of Public Health, a typical driver in Alabama has a 54.1% probability of being involved in an injury or fatal crash while driving an automobile in their...
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Posted by Editor  |  January 21, 2019

Are “Possible Causes” of an Injury Admissible?

Personal injury claims in Alabama impose a burden of proof on injured victims. This burden requires victims or their lawyers to show, with a reasonable degree of medical certainty, that defendants caused their injuries. This standard of proof requires the lawyer to demonstrate that defendants are more likely than not responsible for causing the...
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Posted by Editor  |  January 17, 2019

Tailgating Safety Tips

Tailgating refers to partying or picnicking from the bed of a parked pickup truck, often in the parking lots of sports stadiums prior to football games. Tailgating season in Alabama can lead to thousands of football fans parked in stadium parking lots and surrounding areas. Unfortunately, not all tailgaters pay adequate attention to safety...
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Posted by Editor  |  January 15, 2019

What Is an Attractive Nuisance?

An Birmingham premises liability claim may involve an attractive nuisance, or the attractive nuisance doctrine. Permitting an attractive nuisance to present a hazard to children on a property is a form of owner negligence. A property owner could be liable for a child’s injuries or death if he or she reasonably should have prevented...
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Posted by Editor  |  January 14, 2019

Alabama Ban on Holding Cell Phones To Eliminate Distracted Driving

Does the Distracted Driving Bill Go Too Far? Two separate bills have been filed in the Alabama legislature to ban, not just texting and driving, but to even hold a phone while operating a motor vehicle. Representative Allen Farley from McCalla filed his in the House while Senator James McClendon is sponsoring a similar...
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Posted by Editor  |  January 10, 2019

Are Parents Responsible for Property Damage Caused by Their Children?

When a minor causes property damage such as graffiti, broken windows, or smashed mailboxes, liability for repairs may fall to the parents. Laws in Alabama may hold the parents and guardians of children under 18 legally responsible for property damage the children cause. Parents in Alabama may find themselves liable for property damages in...
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Posted by Editor  |  January 8, 2019

What Is Post-Concussion Syndrome?

Most patients who suffer concussions will notice symptoms disappearing within two to three weeks, and heal completely within about a month. Rest and avoiding subsequent head injuries is usually enough to recover from a concussion without lasting side effects. Unfortunately, some victims experience post-concussion syndrome. Post-concussion syndrome is a concussion case where symptoms last...
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Posted by Editor  |  January 4, 2019

How Do I Get an Accident Report After I Am In An Accident?

If you are in an automobile accident, the first thing you need to do is call the police.  The police will immediately come to the scene of the accident and complete an investigation.  Make sure you provide the police officer with as many details of the accident as you can recall.  After the police...
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Posted by Editor  |  January 3, 2019

The Admissibility of “Absence” Evidence

Every personal injury claim in Birmingham centers on evidence. Evidence can be a fact, exhibit, or display that proves the validity of an assertion. It is up to the attorneys of both the plaintiff and the defendant in a case to use evidence to prove their points. The civil courts in Alabama, however, will...
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Posted by Editor  |  January 1, 2019

What Is Breach of Fiduciary Duty?

One type of civil claim a party can make against another is for alleged breach of fiduciary duty. A breach of fiduciary duty suit is based on the principle that one party (the defendant) acted outside the best interests of another party (the plaintiff), despite having an obligation to do otherwise. Most of these...
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