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Drake Law Firm

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

Posted on January 31st, 2019

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 lifetime.  For adult drivers, seat belts… READ MORE

Tailgating Safety Tips

Posted on January 17th, 2019

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 – resulting in serious injuries such… READ MORE

What Is an Attractive Nuisance?

Posted on January 15th, 2019

An Alabama 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 the incident through prudent property care.… READ MORE

Are Parents Responsible for Property Damage Caused by Their Children?

Posted on January 10th, 2019

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 some situations – either up to… READ MORE

What Is Post-Concussion Syndrome?

Posted on January 8th, 2019

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 longer than a month, or beyond… READ MORE

The Admissibility of “Absence” Evidence

Posted on January 3rd, 2019

Every personal injury claim 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 not agree to hear every piece of evidence.… READ MORE

Are “Possible Causes” of an Injury Admissible?

Posted on January 21st, 2019

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 claimed injuries. Typically, a plaintiff’s attorney… READ MORE

What Is Breach of Fiduciary Duty?

Posted on January 1st, 2019

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 lawsuits take the form of business… READ MORE

Alabama Ban on Holding Cell Phones To Eliminate Distracted Driving?

Posted on January 14th, 2019

Does distracted driving bill go to 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 bill. There are already a number of… READ MORE

How do I get an accident report after I am in an accident?

Posted on January 4th, 2019

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 officer completes his or her investigation… READ MORE

"Most of our clients come to us by referral from satisfied clients and other
legal professionals. We even have clients referred to us by insurance lawyers
who opposed us in court. We think that says a lot about our commitment to
integrity and maintaining an open line of communication with our clients
throughout the case."

— Whit Drake