Category: Alabama

Bicycle Safety Reminder

Bicycle SafetyMore people are riding bicycles for transportation and recreation today than ever before. Many towns and cities now have free or affordable rent-a-bike programs. As more places open up roadways that were once the exclusive domain of cars and trucks, bicyclists and motorists are sure to cross paths. Unfortunately, one Huntsville area man was struck by a car on University Drive on July 12th , according to reports by WHNT News 19. While the extent of the man’s injuries are still unknown, any accident between a motor vehicle and a bicyclist is potentially life-threatening. This particular accident occurred in the evening after dark. All westbound lanes were closed for nearly an hour. The accident is another sober reminder of the importance of alert driving – and to always be on the lookout for other people on the road.

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Alabama Among States with Highest Rate of Fatal Car Accidents

Alabama has obtained the dubious award of fifth most dangerous state for driving, according to a report from al.com, originally published on healthgrove.com. Between 2008 and 2014, Alabama averaged nearly 19 fatalities for every 100,000 residents. That works out to about 900 fatalities a year. The study was based on figures from the Health Indicators Warehouse (a website Developed by the National Center for Health Statistics) and the Center for Disease Control – Motor Vehicle Safety department. The study points to speed limits as one reason for discrepancies in fatalities. States with lower speed limits which are concentrated in the Northeast and West coast tended to have fewer fatalities. States in the Southeast and Great Plains tend to have higher speed limits and higher fatalities.

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Importance of Relationships in the Practice of Law

Last week, Martinson & Beason attorney Caleb Ballew negotiated a favorable settlement for a young client who had been accused of a violent crime. While television programs would have us believe the relationship between criminal defense attorneys and the district attorney’s office is adversarial and strained, this is not the case in real life (at least in Madison County, Alabama, that is). Caleb and I walked to the Courthouse and climbed the stairs to the District Attorney’s Office for what I expected to be a formal and formulaic case negotiation. Instead, it quickly became clear that both attorneys were interested in serving the best interests of their clients and would accomplish this through amicable negotiation and finding common ground on the case. The issues were quickly boiled down and defense attorney and ADA alike had a symmetrical understanding of the facts of the case. They explained that while they represented opposite sides, they often work together to achieve a settlement that is fair and just for all parties. Throughout the meeting, the atmosphere was relaxed and jovial.

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Out of State Car Accidents – What Law Applies

Alabama Car AccidentWhen traveling out of state, even the safest driver faces the possibility of an unexpected car accident. Driving on unfamiliar roads in an unfamiliar city heightens the risk for an accident. Of course, with any accident, contact 911 immediately, take pictures of the accident scene and any damage to the vehicles, write down the names and numbers of any other involved parties or witnesses, and contact your insurance company. Visit our page on the steps to take after a car accident here. In most cases, your insurance policy should cover out of state car accidents. Each state has different laws on car accident claims which could significantly impact you’re claim and damages. Because the statute of limitations places a ticking clock on your ability to file a claim, and because statute of limitations varies from state to state, it is important to contact an experience personal injury attorney as soon as possible after the wreck.

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Legislative Update: Common-Law Marriage

In February of this year, a bill was proposed to abolish all common-law marriages entered into on or after January 1, 2017; that bill passed the legislature and was signed by Governor Bentley on May 3. Below is a summary of important points regarding the elements of common-law marriage and how this may impact family law and estate cases in the future. A common-law marriage is a legally recognized marriage without all or some of the pre-requisites of a statutory marriage, such as a valid marriage license or no marriage solemnization. However, there are still necessary elements to a common-law marriage that must be proven in court: (1) Both parties must have mental capacity to enter into a marriage; (2) Mutual consent to enter into a marital relationship, exclusive to all others; (3) public recognition of the marital relationship (holding yourselves out to be married in public); (4) cohabitation or mutual assumption of marital duties and obligations.

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Case Study: The Stolen Therapy Dog

signal-2016-03-27-031650The Alabama legal motto is “lawyers render service”, and us attorneys are often presented with countless opportunities to help people in need. Whether it is representing an indigent person charged with a crime they did not commit or drafting uncontested divorce documents for free through a local legal aid group, Alabama attorneys are very selfless with their time and care a great deal about the communities they represent. About two years ago, in the summer of 2014, I was presented with an opportunity to render service to a friend of mine with an autistic son whose brand new puppy had been stolen by the original owner of the dog. My buddy calls me on that summer morning and is, of course, frantic and a little upset. My friend explains the story as follows: A few weeks prior to the phone call, he and his wife purchased a weeks old pit bull puppy for their 8-year old son who has autism. The dog is a gorgeous male dog with a blue/silver coat and white paws, and he and the boy make an immediate bond. Dogs are a natural pet for children with autism because they can provide an extra level of physical protection, such as preventing the child from wandering off, and serve as an emotional anchor for those children. There are countless stories and videos on the internet of dogs providing great therapy to autistic children. I challenge anyone reading this not to cry watching or reading those stories.

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