Personal Injury Legal Theories

March 14, 2018

Does Failing to Wear a Seat Belt Affect an Alabama Victim’s Ability to Recover Damages?

Under Alabama law, all individuals seated in the front seat of a vehicle are required to wear seat belts while the vehicle is in motion, although there are some exceptions to the law. The next question is whether this law affects an individual’s ability to recover compensation in an Alabama car accident case if the person was not wearing a seat belt when a crash occurred.

The Seat Belt Defense in Alabama

Under Ala. Code 1975 32-5B-7, failing to wear a seat belt “shall not be considered evidence of contributory negligence and shall not limit the liability of an insurer.” What this means is that an individual’s failure to wear a seat belt cannot be used against him as evidence of contributory negligence. It also cannot be used against the plaintiff as evidence of the plaintiff’s failure to mitigate damages.

Contributory Negligence in Alabama

Alabama follows the doctrine of contributory negligence, which often comes up in car accident litigation. It is one of the few states that follow the doctrine of “pure contributory negligence.” That means that if the plaintiff is found to be negligent, then the plaintiff cannot recover any damages.

February 19, 2018

Potential danger to stainless steel welders

by Reeves Law Firm

What are the potential dangers to welders from the welding process, in particular, stainless steel welding?

Chromium is a naturally occurring element found in stainless steel, electrodes, and filler metals. These materials are all commonly used in welding processes. During welding, the intense heat turns this metal into a gas.

This gaseous form of chromium is known as hexavalent chromium, and has serious health risks for individuals exposedIn fact, hexavalent chromium (also referred to as Cr(VI)) is a well-established occupational carcinogen associated with lung cancer and nasal and sinus cancer.

January 15, 2018

Alabama’s Statutes of Limitations for Personal Injury Cases

by Reeves Law Firm

When someone is injured in any kind of Alabama accident, the injured party is entitled to seek compensation from the party they believe to be at fault for their injuries. However, all personal injury cases in Alabama must be filed within a specified amount of time, as outlined in the relevant statute of limitations. It is incredibly important that personal injury plaintiffs comply with the relevant statute of limitations that governs their case, or the case may be dismissed without ever being reviewed on its merits.Essentially, a statute of limitations provides the time frame in which an accident victim must file their case. As long as a case is filed by the time the statute of limitations expires, the case will be considered timely, even if the case is not ultimately resolved until after the statute of limitations has expired.

Under Alabama Code § 6-2-38, any lawsuit seeking compensation for personal injuries or wrongful death must be filed within two years of the injury or death. In many cases, determining when the statute of limitations expires is a straightforward task; however, that is not always the case. For example, under Alabama Code § 6-5-482, a claim of medical malpractice is generally subject to a two-year statute of limitations; however, if the plaintiff does not discover their injury until a later date, the statute of limitations can be tolled, or extended, until six months after the plaintiff’s discovery of their injury.

January 10, 2018

Can an Employer Be Held Liable for the Negligent Acts of an Employee in Alabama?

by Reeves Law Firm

One of the most common questions asked by victims of Alabama truck accidents is whether the trucking company that employs an allegedly at-fault driver can be held liable for the actions of the truck driver. As is the case with many legal questions, the answer is “it depends.”The legal term respondeat superior refers to an ancient Latin phrase that roughly translated means “let the master answer.” Respondeat superior is a type of vicarious lability, meaning the doctrine allows one person to be held liable for the acts of another third party. Other types of vicarious liability include a parent’s responsibility for the actions of their minor child or a car owner’s responsibility for the actions of those they allow to use their car.

In modern day personal injury law, respondeat superior refers to a legal doctrine that allows for accident victims to hold an employer liable for the negligent acts of an employee in certain circumstances. Under Alabama case law, an accident victim must establish several elements in order to hold an employer liable for the acts of an employee. While this case involved a doctor who the plaintiff claimed was liable for the negligent acts of a nurse, the rules outlined by the court in its opinion have since been applied broadly by Alabama courts.

December 14, 2017

Semi-Truck Accidents on Alabama Roads

by Reeves Law Firm

Semi-trucks are necessary in today’s economy. Indeed, these large trucks carry goods back and forth across the country on the nation’s highways. Most of the time, these trucks are operating on wide roads with high speed limits. However, as truck drivers approach their destination, they are usually required to operate their fully loaded trucks on city streets that are much narrower, slower, and tighter. This can present a challenge to even experienced Alabama truck drivers.Notwithstanding the challenge, semi-truck drivers are responsible to operate their rigs in a safe and responsible manner at all times. This means on all types of roads and in all types of weather conditions. When a truck driver’s negligence results in an Alabama truck accident, anyone injured in the accident can pursue compensation for their injuries through an Alabama personal injury lawsuit.

Proving an Alabama Truck Accident Claim

In order for a plaintiff to successfully bring an Alabama truck accident case, they will need to establish that the truck driver’s negligence resulted in the accident that caused their injuries. While this sounds simple in theory, there can be many roadblocks that arise along the way.

November 29, 2017

Alabama’s Move-Over Law and How It Protects Roadside Workers

by Reeves Law Firm

Being an emergency responder is a dangerous job for a number of reasons. However, the leading cause of death among emergency responders has consistently been traffic-related accidents. Most often, these Alabama car accidents occur when an emergency responder is working road-side while assisting a disabled vehicle or responding to the scene of an accident when another motorist clips one of the stationary vehicles, causing a chain reaction in which anyone nearby has a high probability of being injured.This concern over the safety of emergency responders has led every state legislature – including Alabama’s – to implement a move-over law, requiring motorists to take certain precautions when approaching emergency responders on the side of the road.

The Alabama move-over law protects the following people:

law enforcement officers;
wreckers and tow-truck drivers;
utility workers; and
garbage and recycling collectors.