Birmingham Personal Injury And Criminal Defense Law Blog

Should you submit to a Breathalyzer in Alabama?

Just to be clear: Drinking and driving puts your life -- and the lives of others -- at risk. It's always safer to take an Uber, call a friend or stay put until you're sober as an alternative.

If you do get behind the wheel after having a drink or two, you may be understandably nervous about being asked to blow into a Breathalyzer if you're stopped by the police. Even if you don't think that you're intoxicated, you may know that Breathalyzers aren't always accurate and can provide incriminating evidence against you.

What causes adults to fall outside?

Falls are a significant source of injury, disability and death to older adults -- and by "older" we mean pretty much anybody 45 years of age or older. Younger people and kids simply tend to endure better -- and heal faster -- when they fall than people who have reached midlife or later.

Here's the thing: Research has long indicated that the majority of falls taken by adults out-of-doors are entirely preventable through just a little bit of environmental management. So what contributes to many falls in adults when they're out and about?

  1. Uneven curbs, sidewalks and streets: The vast majority of falls outside -- around 70% -- occur on a hard surface like asphalt or concrete. Most people were simply walking along when they fell -- essentially losing their balance on uneven or damaged ground.
  2. Badly-designed parking garages: A large number of people who fall outside do so in a parking deck or garage. Most of the time, they're tripping over the short curbs that are placed in and around spaces as guides for vehicles. This indicates that parking garages aren't being designed with human beings in mind so much as being designed simply to store vehicles.
  3. Objects on the ground: Naturally, objects on the ground that shouldn't be there are also a significant source of falls and injuries. Far too often, debris is allowed to accumulate in a parking lot or on a store's floor -- and that's a prescription for trouble when there are shoppers around.

How to know if nursing home neglect impacts your loved one's care

Placing a loved one in an assisted living facility is typically a decision people make when they worry that they cannot provide an adequate standard of care on their own and that their loved one can not live safely without daily support.

For some people, the issue is a result of a busy lifestyle, including work obligations or the need to care for their children, making the care of parents or siblings impossible to provide. For others, there may not be availability issues so much as there is an issue with their ability to provide the kind of care that their loved one needs. The more care and assistance older adults need, the harder it is for their family members to manage the care without help.

Want to avoid a holiday drunk driving charge? Use this guide

According to government statistics, about 40% of all traffic fatalities during Christmas and New Year's are related to drunk driving. That's a big jump from the 28% of fatalities attributed to that cause during the rest of the year.

You can be sure that the Alabama police will be on the lookout for drunk drivers this Christmas and New Year's once again. They'll also be looking for drivers who are just "buzzed" -- or anybody else who might have had a drink or two before hitting the road.

The war on kratom is heating up in Alabama

The newest target in Alabama's war on drugs may be something you've never heard of before: A powerful painkiller known as kratom.

Kratom is described as either an herb or a drug, depending on who you ask. It's made from the leaves of the kratom tree, a plant native to Asia. Advocates love it, saying that it provides pain relief on par or better than opioids and is a tool that can relieve chronic depression. Critics say it's another type of dangerous narcotic and needs to be banned. For now, it's widely available on the internet and is legal in many states.

Alabama police arrest drug 'kingpin' and others in massive raid

A three-year effort by the Organized Crime Drug Enforcement Task Force resulted in the arrest of a 34-year-old drug "kingpin" and 17 others on a bevy of charges related to what authorities say was a multimillion-dollar drug operation in Jefferson County.

In total, there are 58 charges leveled at the defendants, which represents different crimes committed over the last six years, including money laundering, the conspiracy to distribute cocaine, heroin, fentanyl, methamphetamine and marijuana.

Potential defendants in a truck accident case

Accidents involving commercial trucks are generally far worse than those involving passenger vehicles alone. A passenger car can't withstand the sheer size and weight of a commercial truck -- especially when it is loaded with cargo. Because these kinds of accidents are so severe, victims can end up with lifelong disabilities from their injuries.

When you're left with permanent scars and limitations on your life, there's no amount of money that will make you whole again. The only thing you can do is try to hold all of the culpable parties responsible for their actions. You may then be able to recover enough damages to provide for yourself and your family well into the future.

Recognizing the biggest risk factors from your daily commute

The average person in the greater Birmingham area probably spends a substantial amount of time in their car every week. Commuting to and from work, as well as making trips for errands and the benefit of your family, can mean that you spend several hours every day behind the wheel of a motor vehicle.

Given that their use is so prevalent, the average person tends to ignore the risk that comes with motor vehicles. However, just because you don't think about the potential for a crash doesn't mean the risk suddenly disappears.

Medical marijuana, marijuana crimes and Alabama

In the wave of changing social attitudes toward marijuana, the majority of states have authorized its use for certain medical conditions. Recreational marijuana is now available in at least 10 states and the possession of small amounts of the drug has been largely decriminalized in many others.

Except in Alabama.

What are the common causes of slip-and-falls?

What could potentially make a business owner liable for your slip-and-fall accident?

Most people are familiar with the idea that a business owner is expected to keep the floor reasonably clean. You would probably expect a grocery store, for example, to be liable if they let melted ice cream collect on the floor and someone was injured when they slipped on it. However, there are plenty of other ways that a business owner could be liable for your slip-and-fall accident.

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Simms & Associates
608 37th St South
Birmingham, AL 35222

Phone: 205-453-9700
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