South Carolina Surprise

Jon Lewis — Mon, 29 Jun 2009 21:36:08 GMT

It was reported this past week that South Carolina Governor, Mark Sanford, has had an affair. The media has treated this as landmark news. What I think would be landmark news is a politician who has not had an affair. Is this surprising? Should we expect anything less?

Why am I writing about this? Because I meet with clients every day who show surprise when the law doesn't go their way. What do I mean?

Let's take arbitration for example. Clients come into the office after being defrauded by a company or had a contractor treat them wrong. After reviewing the contract and seeing the arbitration clause, I tell them that they cannot sue the defendant in court. They have to arbitrate the claim. The reaction, "What?" "Are you kidding me?" "How can they do that?"

Or, what about when I have to explain Alabama's wrongful death law. In Alabama, when someone is killed by the negligence of others, you can only sue the other person or company for punitive damages, not compensatory damages. In other words, we have to argue to the jury that they must punish the defendant, not compensate the victim's family. That becomes VERY difficult when the defendant made a mistake such as running a red light or changing lanes without looking properly.

What is the respective clients' reaction to this? "What?" "Are you kidding me?" "How is that possible?"

What's the moral of the story? Pay attention. Pay attention to your spouse and to politicians, and maybe, you won't be surprised. Pay attention to your legislators and judges. Know what laws they are passing. Lobby your congressmen and let them know that these laws aren't right and need to be changed.

Originally posted at InjuryBoard by Jon Lewis

Alabama Truck Accidents - New Law

Jon Lewis — Fri, 27 Mar 2009 18:57:23 GMT

Alabama has finally passed a law to protect the public and State highways from future steel coil incidents. According to the Birmingham News, T. J. Willings, of the Alabama Trucking Association, called this "the toughest load securement legislation in the nation." Steel coil haulers have 60 days to be trained and certified in properly securing steel coils. Representatives from U.S. Steel, Nucor, and O'Neal Steel were on hand to see Governor Riley sign the bill into law.

The Alabama Department of Public Safety is responsible for certifying the drivers. The penalties for companies who have improperly secured loads has been increased. Companies can be fined up to $10,000, and drivers can be fined up to $1,000 and one year in jail. Certification is available online.

Alabama is now imposing the same rules on securing these types of loads as the Federal Motor Carrier Safety Regulations. This is a no brainer. Why not make the state laws as stiff as the Federal law? There have been too many incidents without injury. The next one could result in death. We should applaud the legislators and Governor for coming together to enact this safety measure.

Originally posted at InjuryBoard by Jon Lewis

Alabama Personal Injury Blog - Governor

South Carolina Surprise

Alabama Truck Accidents - New Law