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Posted by Whit Drake  |  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 Whit Drake  |  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 Whit Drake  |  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 Whit Drake  |  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 Whit Drake  |  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 Whit Drake  |  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 Whit Drake  |  December 19, 2018

Is Lane Splitting Legal in Alabama?

Table of Contents Can You Lane Split on a Motorcycle in Alabama? Overview of Motorcycle Laws in Alabama The Grandfather Clause for Motorcycle Licenses Lane Sharing Vs. Lane Splitting The New Left Lane Law in Alabama Understanding the Lane Change Law in Alabama FAQs Conclusion Motorcycling, for many, is not just a mode of...
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Posted by Whit Drake  |  December 17, 2018

How Do Dock Electrocutions Happen?

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....
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Posted by Whit Drake  |  December 14, 2018

How to Prevent Wrong-Way Accidents

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...
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Posted by Whit Drake  |  December 12, 2018

How to Save the Life of a Motorcyclist

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...
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