Alabama's Graduated Driver License

As spring break approaches, Alabama State Troopers want to remind parents about teen driving laws.  The death of a Lee High School star athlete in a crash last week is raising awareness of Alabama’s Graduated Driver’s License.  The law went into effect in 2010, but accidents prove drivers are overlooking the restrictions and lives are being lost.

The state's Graduated Driver License law puts limits on when and how 16- and 17-year-old drivers can get behind the wheel.

Under the law:

A 16- to 17-year-old Alabama driver with a graduated license may NOT:

1. Have more than ONE non-family passenger other than the parent, guardian or supervising licensed driver at least 21 years of age.

2. Operate a vehicle between 12:00 midnight and 6:00 am, unless:

a. accompanied by a parent or legal guardian.

b. accompanied by a licensee 21 years of age or older with parental consent.

c. going to or from their place of work.

d. going to or from a school-sponsored event.

e. going to or from a religious-sponsored event.

f. driving due to a medical, fire, or law enforcement emergency.

g. driving to or from hunting/fishing activities in possession of required licenses.

3. Drive while operating any non-essential handheld communication device.

violations will result in an extension of the graduated license period and/or suspension of the license.

“When they give that child the keys to a vehicle, they are giving them a tool,” ALEA Cpl. Jess Thornton said of parents. “But they may be giving them a weapon as well.”

Authorities are pleading with parents to help them enforce this law. Under the GDL, 16-year-olds can only have one non-family member in the car, can't drive between midnight and 6a.m., unless certain circumstances apply, and cannot have access to a handheld device or cell phone.

“They cannot have a phone in their possession while they are driving," Thornton said. “There's no talking, no texting -- anything that takes their focus away from driving.”

If a 16-year-old is in violation, they will get six additional months under Stage 2 and an additional ticket could suspend the license for 60 days. Chilton and Autauga County District Attorney Randall Houston says that's not enough.  “I don't even think it constitutes a slap on the wrist," Houston said. “Teenagers want that freedom, but if they stand the chance of losing that freedom, because they are in violation of these laws, maybe they will stop.”

Houston helped draft the Deputy Hart Act, which would increase the penalty for violating the GDL and even penalize parents for not enforcing it. It's named after a deputy killed by a teenage driver in violation.

“We are trying to combat 16-year-olds who think they are invincible, and parents who are not aware," Houston said. “These laws are on the book for a good reason, we need parents to help us enforce these rules.”

Thornton reminds parents the law is not intended to push penalties or fines, but keep the most vulnerable, accident-prone drivers safe.

“Driving is not a right, it’s a privilege," Thornton said. “Ultimately parents can be held responsible for the decisions that they make by letting those teenagers lose and letting them do whatever they want to behind the wheel of a vehicle.”

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - Am I required to work "off the clock" and not get paid?

My employer is constantly requiring us the work “off the clock” and not paying us overtime.  What should I do? Emily K., Boldo

Wage and hour laws like the Fair Labor Standards Act (FLSA) are designed to protect employees and ensure that they receive an honest day’s wage for an honest day’s work. One area of the law that sometimes comes into dispute is overtime. The FLSA requires that employers pay time-and-a-half for overtime for the majority of employees. If you believe that your employer has not been paying you for your overtime, you should take the following steps:

 

Step One: Gather Information

First and foremost, you need to establish that you are a nonexempt employee. FLSA and other labor laws break employees into two categories: exempt and nonexempt. Employers are not required to pay overtime pay for exempt employees, such as outside sales representatives. However, the majority of employees are nonexempt, meaning that employers are required to pay overtime when an employee works more than 40 hours a week.

You should also collect and document information about your hours. Documentation is the crux of wage and hour lawsuits. Gather timesheets and make notes about any off-the-clock hours you’ve worked.

 

Step Two: Talk to Your Employer

After assembling your documentation, you should approach your employer. If you work for a larger company, you should go to your human resources (HR) department. Your HR department should verify the discrepancy.

Step Three: Consult a Lawyer

If your employer disputes the discrepancy, you should consult a wage and hour attorney as your next step. A lawyer can help you work out the details and explain your rights to you. Keep in mind that you have a two-year statute of limitations. This means that you can only wait two years to file a wage and hour lawsuit for lost wages.

What to Expect

Wage and hour lawsuits can be individual lawsuits or a wage and hour class action lawsuit, in which you and a group of other employees file a wage and hour lawsuit against the same employer.  In most situations, a lawyer’s demand letter may be sufficient to get the overtime money, but other cases may require going to court to resolve the matter. A lawyer’s advice and guidance could be useful at every step of the process, regardless of what steps are ultimately necessary in your exact situation.

Nelson, Bryan & Jones regularly represents clients in FLSA cases.  Give us a call if you have any questions.  Initial consultations are always free.

Nelson, Bryan and Jones represent clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - Slip and Fall accidents

In May, I was shopping for groceries and fell when I slipped on some clear liquid in the floor. After I fell, I noticed that the liquid was dirty where folks had been walking through it. It was not raining that day. Should I make a claim with the store’s insurance company? They keep calling me and have offered $500 to sign a release. Sylvia L., Oakman.

Sylvia, thank you for a great question.  A “slip and fall” or “trip and fall” accident is within a specific area of personal injury law known as premises liability. Premises owners, landlords, property managers, and others have a duty under Alabama law to keep premises in a safe condition for business invitees/customers. A common example would be a customer of a grocery or retail store.

A slip and fall plaintiff must establish that the premises owner knew or should have known of the defective condition. In your case this means you must establish that the store knew of the slippery substance on the floor or that there is evidence to establish that they should have known of the dangerous condition. The liquid being “dirty” indicates that the problem had been there for a while and had not just occurred in the few moments before you fell.

Property owners must take reasonable measures to prevent accidents and injuries on their premises caused by slips, trips and falls. Based on our experience, we have seen slip-and-fall accidents caused by:

• Wet floors – Common sources are liquids, such as water from umbrellas, leaks, ice, oil, grease, spills, and cleaning products.
• Dust, debris and foreign obstacles – Dry sources can trigger harmful falls as well, ranging from sawdust or dirt on the floor to equipment that clutters a walking area.
• Uneven walking surfaces – Broken or uneven pavement or stairways, holes, sudden changes in level, broken or loose tiles and defective and uneven carpet can cause falls.
• Poor lighting – A person may be unable to walk safely when they cannot see because poor lighting affects their judgment.
• Defective safeguards or handrails – A common construction accident is a fall from a defective scaffold. Additionally, pedestrians may suffer severe injuries when they fall due to the lack of safety features, such as a railing or handrail.

To establish liability, the victim must prove that the property owner:

• Caused the unsafe condition, and
• Knew about the dangerous condition but did not take steps to correct it, or
• Should have known about the hazard because a reasonable person taking care of the property would have discovered and corrected the dangerous condition.

Preserving evidence is crucial. If you have been injured in a slip-and-fall accident, you should immediately:

• Report your accident to the property owner. If you fall at a business, obtain a copy of any incident report that is generated.
• Gather names, addresses and the numbers of any eyewitnesses.
• Take pictures of where your injuries occurred before the property owner can fix the hazard. These photos can serve as evidence of the defective condition of the property. Also, photograph any injury immediately after the fall.
• Save all evidence related to the fall, including the shoes and clothing you wore.
• Immediately seek medical treatment for all injuries.

If you are having medical issues due the fall, I would not settle for $500 and give the insurance company a release before consulting with a personal injury attorney.  Give us a call at Nelson, Bryan and Jones.  There is no charge for an initial consultation!

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer"- Can I get out of my cell phone contract?

My cell phone coverage is weak in several areas where I regularly travel around the state.  What are my rights if I want to get out of my cell phone contract?         – Brandon, Jasper

Brandon, you probably do not have legal grounds to cancel your contract under these particular circumstances without incurring early termination fees. 

Cell phone carriers make money in two ways. They sell prepaid plans, allowing you to pay for your usage in advance. Or, they require that you sign a contract agreeing to pay for a set amount of monthly usage. Contracts commit you to an extended period of service, usually two years.

Cell phone contracts are “adhesion” contracts, meaning that the carrier provides essential terms that are not negotiable, typically one-size-fits-all for most of the agreement. The contracts typically contain the same essential language for every customer. If you want the service, you have no choice but to sign the contract without any changes. There’s no room for negotiation.

Cell phone contracts usually don’t require that the carrier provide you with excellent service. Some even contain language stating that they don’t have to. The Contract is more about what you must do during the life of your plan, such as pay your bill on time. They don’t guarantee that the network will always be available or that the service will never drop calls, etc.

If you want to end your relationship with your carrier before your contract expires, most carriers charge early termination fees (EFTs). These fees can be expensive. To get out of your contact early, you’ll have to pay this money. Your contract is legally enforceable, and as long as your contract includes terms for an ETF – and most do – the carrier can sue you in court to collect.

Customers do have some rights. You can legally break your contract without paying an ETF if the carrier introduces a “materially adverse” change to the contract. Materially adverse changes usually involve small extra fees that didn’t exist at the time you signed the contract, or rate changes. If you agreed to pay $110 a month when you signed the contract, your carrier can’t increase the rate to $115 after a few months, unless the contract mentions the potential change. If not, the contract becomes void and you can usually get out of it. You can also argue in court that the terms of your contract are misleading or grossly unfair. However, these lawsuits are difficult to win. You’ll probably need the help of a lawyer.

The law surrounding cell phone contracts and many other consumer contracts is complicated.  Unfortunately, companies that write these contracts write them in complex language and often include fine print that favors the company, not the consumer. Given the amounts typically involved, a consumer with a valid grievance can in many cases have his or her dispute resolved in small claims court.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

If you have any questions about any other legal issue, give us a call (205-387-7777) at Nelson, Bryan and Jones for a free consultation.

"Ask a Lawyer" - Do I need Rental Car Insurance?

My family is taking a vacation to Disney World this summer.  We are flying down there and renting a car.  I never know what to do regarding insurance on the rental car.  Am I covered if I have an accident?  
Bradford L., Sumiton

Renting a car is not something most people do on a regular basis unless you travel frequently. A person renting a car may risk being involved in an accident in a rental car due to being unfamiliar with both the vehicle and the area where they are driving. Accidents can also be more difficult to report because people there are more people involved including the rental car company and its insurance company.

Right to Assume Rental Vehicle Is Safe to Operate

There is a special duty placed upon on a rental company to ensure that the vehicles they rent are in a roadworthy and safe condition. The car company should inspect vehicles prior to rental since it is responsible for injuries directly caused by known defects or those that a reasonable inspection should have discovered.

It is also wise for you to perform a quick inspection of the vehicle before driving it. Do this before leaving the agency’s grounds and report any dents or damage to the car that do not affect its drivability. You are not obligated to do this, but if the agency attempts to charge you for damage to the vehicle when you return it, you will have protected yourself by reporting the damage ahead of time.

Insurance when Renting

Your current insurance policy will most likely provide some coverage when renting a car.  However, check with your insurance agent before you rent a car. There may be some gaps in coverage.  If you do not have any coverage, you can usually buy additional coverage from the rental company. If a credit card is used to pay for the vehicle, the card company may also offer some limited protection.

If you have an Accident

Reporting an accident with a rental car is very much the same as reporting an accident in your own vehicle:

·      Report the incident to the police.

·      Report the incident to the rental car company.

·      Do not offer to pay or settle without the consent of the rental car company.

·      Do not admit liability.

·      Assist the rental car company with any statement or information that they may need.

·      Call your insurance agent also and make a claim under your personal car insurance policy.

·      Seek medical treatment immediately if you are injured.

How a Lawyer Can Help

If a problem with the rental car caused or contributed to the cause the accident, a personal injury attorney can help you determine if you have grounds for filing a negligence lawsuit against a car rental company. Also, a lawyer can assist you in getting full compensation for your injuries.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - What to expect if you have an insurance claim or lawsuit.

Unless you have been a party to a lawsuit before, it is difficult to know what to expect. There is an understandable level of apprehension about the litigation process. We receive many questions about how litigation works and hope this explains the process.

The Screening & Investigatory Process

The first step in any lawsuit is to obtain the facts and conduct a thorough investigation. The investigatory stage includes: interviewing witnesses, gathering and preserving evidence, hiring experts, and contacting insurance companies. This stage can take up to six months. After that, a lawyer can make a final determination about whether a claim can be pursued.

Settlement Negotiations

Next, we engage in settlement negotiations with the responsible party or their insurance company to determine whether a fair settlement can be obtained without filing suit. In this stage, we collect and put together the physical evidence about the incident, documents regarding damages (including medical bills and lost wage documents) and necessary expert reports from physicians, economists, accident reconstructionists and others. An offer is sent setting forth the facts, explaining why the other party is responsible and providing documentation about damages and injuries. Negotiations continue until either a settlement is obtained or an impasse is reached.

The Litigation Process

We will move quickly to file a lawsuit in the event that a fair settlement cannot be negotiated. Generally, lawsuits in state court proceed in the following manner:

Complaint & Answer

A Complaint is filed which sets forth what happened and the damages sustained. The Complaint is personally served on each defendant. The Answer is the defendant’s response. Defendants have thirty days to file an Answer. Discovery begins once the Answer is served.

Discovery

Discovery is the phase in which parties obtain information, testimony, documents & other evidence from each other and from third parties. Written discovery is exchanged between the parties including interrogatories and requests for documents. Depositions are taken of the parties, witnesses and experts. A deposition is when the attorneys ask questions under oath that are transcribed by a court reporter. Discovery generally lasts from nine months to one year.

Motions

Defendants may file motions after discovery is complete in an effort to convince the Court to dismiss some or all of the case. Once a motion is filed, the opposing party has time to respond. Scheduling of a hearing on the motion is in the complete control of the Court.

Mediation

If the parties or the Court believes it would be helpful, a mediation may be scheduled. Mediation is a meeting between the parties, their attorneys and a mediator, who is a neutral attorney. Mediations are non-binding attempts to settle cases.

Trial

Unfortunately, there is no simple answer to how long it will take to get a trial setting. The caseloads of different courts and different judges vary. It will usually take a year or more. On average it takes between eighteen months to two years from filing to the start of trial.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

If you have any questions about any other legal issue, give us a call (205-387-7777) at Nelson, Bryan and Jones for a free consultation.

"Ask a Lawyer" - Lemon Law

I recently bought a truck and it has been back to the shop four times for transmission failure, and it still isn’t fixed.  Do I have a claim under the lemon law? – Mario, Jasper

Mario, the answer depends upon whether you bought the truck new or used.  If used, the Alabama Lemon Law does not apply and you probably don’t have any recourse because most used cars and trucks are sold “as is,” meaning that if the car or truck has problems, they become your problems and your responsibility when you sign the sales paperwork. Some used cars are sold with a dealer’s limited warranty such as a thirty day warranty, in which case you might have a claim under state warranty law if problems were occurring and reported during the warranty period are not fixed.

If you bought the truck brand new, and the problems occurred within 12 months or 12,000 miles, you may be able to use the Alabama Lemon Law to obtain a refund or replacement of the truck. First, if the manufacturer’s authorized dealer has been unable to repair the problem, you must report the problem in writing to the manufacturer before the expiration of a year after purchase or 12,000 miles, whichever occurs sooner, telling the manufacturer about the problem(s) and demanding that the manufacturer schedule a “final repair attempt” for a last chance to fix the problem. Send a certified letter to the warranty compliance office and enclose a copy of your service receipts with a description of the problems and the number of times the truck has been in the shop.  If the same problem has been subject to repair attempts three or more times, and the problem significantly impairs the use, safety or value of the vehicle, then you have a viable lemon law claim.  The manufacturer can be required to refund your money or replace the vehicle.

If problems occurred within the manufacturer’s warranty period but after the expiration of the first 12 months or 12,000 miles, you may not qualify for relief under the lemon law but you may still be able to seek relief under other laws that protect consumers when there has been a breach of an automotive warranty. Also, if you purchased a pre-owned but “pre-certified” truck there may be relief available under consumer protection laws other than the Lemon Law, but the manufacturer will not be required to repurchase or replace the truck.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

If you have any questions about any other legal issue, give us a call (387-7777) at Nelson, Bryan and Jones for a free consultation.

"Ask a Lawyer" - How long will I have to wait for a Social Security hearing?

I am 56 years old and I worked in the mines for over 30 years. After three back surgeries in the past 10 years, I am unable to work. I applied for Social Security Disability and was denied. A hearing has been requested before an Administrative Law Judge. How long will I have to wait for a hearing? Glenn, Jasper

Many Social Security disability applicants get discouraged because of the lengthy process. On average, it takes 12 - 14 months after requesting a hearing for the hearing to be scheduled. With bills piling up, this time frame can be daunting. Unfortunately, nothing can be done to speed up this process.

During this wait, the most important aspect of your disability claim is medical treatment. It is crucial for you to see a doctor for every one of your problems in order for us to prove you are unable to work. Often, it is difficult to get proper treatment when you have no income and/or health insurance. Luckily, there are a facilities that provide low-cost or no-cost treatment for those in that situation. If you are not getting adequate treatment at the beginning of the disability process, it is important to contact these facilities and begin treatment as soon as possible.

We often see clients who have not been receiving proper treatment when they apply for Social Security Disability. In that case, it is critical they use the long wait for a hearing to engage in proper medical treatment. If they do get ample treatment before the hearing, the judge may have enough evidence to determine the severity of the impairments and make a fair decision.

On the reverse side, we also have had clients who see the waiting period for a hearing as something to discard until the hearing date is scheduled.  We usually have notice of the hearing date about one to three months before the hearing. Often, those clients scramble to obtain treatment in those last few months and end up being able to see a doctor only one or two times (if at all) before the hearing. That game plan will hurt your credibility and it does not give the judge a big picture of the effect of your impairments on your ability to work and the seriousness of your condition. A judge may even wonder if your impairments are really that severe if you have not had regular medical treatment. Lastly, if you have not been seeing a doctor regularly, the doctor likely may not complete a medical source statement, which is crucial to your claim.

Therefore, it is necessary to use the time wisely as you wait for your hearing. Try to do everything possible to help the judge fully understand your impairments. Give yourself a fair chance by seeing doctors regularly. The wait can be frustrating, but the wait can also help you create a winning Social Security disability case.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

"Ask a Lawyer" - A Settlement is FINAL

I had a car accident ten months ago and I went to the ER and saw my family doctor a few times.  I felt better, so I took $2500 that the other driver’s insurance offered.  Now, I am going to have surgery because of the accident. On top of that, Blue Cross is asking for money back that they paid for treatment from this accident.  Can I go back and get more money from the other driver’s insurance? Rudy K., Empire

If you signed a release when you accepted the money from the other party in the accident, you cannot recover anything further. A settlement with the other party is complete when a release is signed. This means you will not receive anything more, even if your condition gets dramatically worse. Settlements are for all of your damages both past and future. Damages covered by settlement include: past medical treatment costs, future medical treatment costs, lost wages, future lost wages, past and future pain and suffering, mental anguish and other out of pocket damages you incur. When you settle and sign a release with the other party, you are settling for all of those damages at that time. 

Before you settle with an insurance company, you should be absolutely certain of your future medical condition. Insurance adjusters often offer a small amount right after an accident in order to close out the possibility of paying a lot more later. The adjuster will often pressure you to take the settlement quickly and tell you that the offer will only be available for a short period of time. Sometimes, an adjuster may even tell you that he will withdraw the offer if you consult an attorney.

It surprises the vast majority of personal injury claimants that if they recover from an accident, they are almost always required to reimburse their own health insurance carrier for amounts paid because of the accident. None of us read our health insurance policies, and it comes as a surprise to learn that buried somewhere in these documents are several paragraphs providing that if an insured party makes a recovery in a personal injury case, he or she is required to reimburse the insurance company.

Some clients are angry to find out about these provisions. My clients often feel that they paid a substantial premium for the coverage and should not be required to reimburse the health insurance company to whom they paid monthly premiums. Some people even feel these insurance company recoveries constitute a windfall for greedy insurance companies!

If a person has their medical bills paid for by Medicare or Medicaid, they also have to reimburse these entities as well. Dealing with Medicaid, Medicare, BlueCross or other insurers can be extremely complicated. Most claimants need an attorney to help them through the complicated paperwork. We can always negotiate a reduction in the amount claimed by Medicare, Medicaid, BlueCross or other health insurance providers.

Nelson, Bryan and Jones represent clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.