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Jon Lewis
Jon Lewis
Attorney • (888) 295-7409

Alabama Has a Foolish Law?

9 comments

It takes a tragic incident like this Guntersville crash for our legislators and politicians to realize it is ridiculous not to have a law prohibiting children, or ANYONE, from riding in the back of a pickup truck?  Here is an article where our politicians are now discussing the enactment of such a law.  In fact, U.S. Representative Mike Rogers, Anniston, is quoted as saying, “it’s foolish for Alabama to be one of a few states in the country allowing people to ride in the cargo bed of pickup trucks.”

Alabama is one of a few states in the country on many laws when it comes to car and truck accidents.  While they are at it, here are a few others ridiculous laws they might consider when it comes to car and truck accidents on Alabama roadways:

  1. Allow for Compensatory damages in wrongful death cases – we are the only state in the country that restricts wrongful death cases to punitive damages;
  2. Change contributory negligence to comparative negligence as the other 46 or 47 States have done;
  3. Reinstate the collateral source rule preventing the person at fault from telling the jury the injured victim had health insurance, or allow those injured in car wrecks to tell the jury the person at fault has car insurance;
  4. Allow the person whose car is damaged to recover for what they owe on the car, not what the car is worth so that a person with a new car who owes more than it’s worth is not penalized because someone cannot follow the rules of the road;
  5. Allow direct action claims against the insurance company so that they don’t force parties into litigation and drag cases out needlessly, i.e.: make insurers do what they say on TV; and
  6. Don’t allow insurers to opt out of cases simply because they think it will be prejudicial to them – this will make them look at cases realistically.

These are just a few of the foolish laws which puts Alabama behind the curve.  Don’t wait til it happens to you.  Write your legislators now and tell them these laws need to be changed.  Two Congressmen considering the pickup truck Legislation are:

Rep. Wayne Johnson – 22nd District – Jackson and Madison Counties
Rep. Kerry Rich – 26th District – Dekalb and Marshall Counties

If you want to discuss any of these laws further, please do not hesitate to e-mail or call me.  I’ll be glad to go more in depth and explain the nuances of each and how they can affect you if you are involved in a wreck.

9 Comments

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    Obviously, Alabama seems to be the constant laughing stock of the nation. We fall behind in so many, often crucial, facets. This ridiculous LACK of a law which would not only protect children, but adults (and even pets) is simply a prime example of how we “Southern folk” would rather have less government instead of more safety.
    Those children didn’t have to perish. A law preventing them from piling into the back of a speeding truck might not have saved their lives, but I feel confident that a law of this nature WOULD save the lives of SOMEONE.

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    Definitely agree with the law. As as kid, I loved riding in the back of a truck. In hindsight, it wasn’t such a great idea.

    Also agree with number 4. Would there be a limit, though? What if the got a terrible deal on the car an overpaid and ended up getting compensated for more than what it would cost them to replace it?

  3. Jon Lewis says:
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    Amanda, I didn’t get an e-mail that you commented yesterday. You would have won the tix. I’m sorry. I will enter you into the drawing for tonight, and if you don’t win, I’ll give you tix to another game if that’s good with you.

  4. Jon Lewis says:
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    Jeremy, I see your point on number four, but I have two comments. First, it is rare that someone gets such a bad deal. But, if that were the case, who cares? Why should that person suffer the consequences because of someone else’s negligence or wantonness? On top of that, you have to remember that it’s the insurance companies which bear the cost. That’s the purpose for insurance, and they can handle the unusual situation where this occurs. The individual who is minding her own business and needs transportation to work is the one who suffers with the law the way it is.

  5. Jon Lewis says:
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    I will do the random drawing at 2:00, and you can pick the tix up at my office – 2229 First Avenue North. If you provide your e-mail, I will send you a direct message; otherwise, I will post the winner’s name on fb, twitter and in these comments. Thanks for entering.

  6. Reynolds Whatley says:
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    That’s pathetic. Almost as bad as the new dividers they put on highway 280 without a fence.

  7. Jon Lewis says:
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    And the winner is:

    List Randomizer

    There were 3 items in your list. Here they are in random order:

    Reynolds Whatley
    Jeremy Carter
    Amanda Oliver Zaremba

    Timestamp: 2013-07-25 19:15:25 UTC

  8. Jon Lewis says:
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    Reynolds, I’ll put the tix at the front desk. Amanda, give me some dates you want to go since you won yesterday. Jeremy, sorry. Try again please. Thanks for participating.

  9. up arrow

    Well, all right. Reynolds can have them this time.