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Drake Law Firm

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

Is Lane Splitting Legal in Alabama?

Posted on December 19th, 2018

Lane splitting, or riding a motorcycle between two lanes of traffic traveling in the same direction, is illegal in Alabama. The only state in which the law permits motorcyclists to lane split is California. Many motorcyclists believe lane splitting is a safer way to travel, while others disagree. Other motorists have also had mixed feelings on the subject. As of… READ MORE

How Do Dock Electrocutions Happen?

Posted on December 17th, 2018

Dock electrocutions are a serious – if lesser-known – risk of drowning in Alabama. They can cause electric shock drowning, or a death that occurs when swimmers encounter electric currents while swimming. The electric shock itself may be strong enough to kill the swimmer, or it may incapacitate the swimmer enough to cause drowning. It is every dock owner’s responsibility… READ MORE

How to Prevent Wrong-Way Accidents

Posted on December 14th, 2018

Every year in the U.S., wrong-way accidents kill 300 to 400 people on average. Wrong-way accidents are particularly devastating collisions. A vehicle traveling in the wrong direction on a road or highway can cause a head-on collision – one of the deadliest types of car accidents. In a head-on collision, the vehicles collide at a speed that combines the speeds… READ MORE

How to Save the Life of a Motorcyclist

Posted on December 12th, 2018

Motorcyclists are 28 times more likely to die in car accidents than passenger vehicle occupants, according to the Insurance Information Institute. Vulnerabilities to serious personal injuries in auto accidents put motorcyclists at great risk every time they travel. In Alabama alone, 114 motorcyclists and moped riders lost their lives in 2016. Although riding a motorcycle can be more dangerous than… READ MORE

How to Avoid Daycare Nightmares

Posted on December 10th, 2018

Parents trust daycare centers in Alabama with the safety, health, and lives of their children. Unfortunately, not all childcare companies deserve this trust. Leaving your child at daycare should not end with a phone call about an emergency situation. As a parent, the best way to protect your child’s well-being is to check the safety and standards of the daycare… READ MORE

Winter Driving Tips for Alabama

Posted on December 5th, 2018

Winter driving in Alabama can change abruptly. The state does not receive predictable snowfall each year, often making it difficult for drivers to prepare for the winter weather. Many drivers may encounter their first snow-driving experiences during one of Alabama’s occasional snowstorms. It is important to review safe-driving tips and best practices before hitting the road in Alabama this season.… 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