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Riding a motorcycle can be one of the most thrilling ways of getting around town, often providing an unmatched feeling of freedom during an otherwise normal commute. However, since some legislation has recently changed, everyone may not be aware of the current Alabama motorcycle laws and others may have questions about what they’re legally required to have on their person during a ride. If you’re currently a rider or plan to become one soon, here’s what you need to know about riding a motorcycle in the Yellowhammer State so you can stay safe and avoid getting pulled over.

A Change in Alabama Motorcycle Laws

For many years, Alabama was the only state that did not require a specific license or endorsement for operating a motorcycle. It only required the rider have a regular driver’s license and be 16 years of age or older. That law was recently changed. As of May 2015, all Alabama riders must possess a driver’s license with a class M endorsement to operate a motorcycle. To obtain the endorsement, you must either pass the DPS’ motorcycle knowledge exam or complete a motorcycle safety course.

Helmets and Other Legally Required Accessories

An endorsement isn’t the only thing required to ride. According to Alabama law Section 32-12-41, a safety helmet “specifically designed for motorcycle riders and motorcycle passenger use” is legally required when operating a motorcycle. The law also has specifications regarding the exterior shell, padding, chin strap and cradle. Visors, while not required, must be flexible or “of a snap on type” for example. Here is some more information about legally required accessories and regulations, as detailed by AmericanMotorcyclist.com:

Riders should also be aware that lane splitting, which refers to driving in between traffic lanes on the center lines, is illegal. However, two bikes may share one lane side by side.

Not Legally Required, But Always Recommended

Unfortunately, motorcycle collisions, especially those involving vehicles, are all too common. There were 74 motorcycle driver fatalities in 2015.¹ That same year, motorcyclist deaths accounted for 14 percent of total traffic fatalities nationwide.² These statistics highlight the importance of utilizing certain safety items and why they’re recommended by riding experts even though they’re not legally required.

• Eye Protection – A visor, glasses or windshield attached to the front of the bike protects eyes from harmful rocks and dirt that fly toward the face at high speeds. This helps keep eyes both clear and on the road. Sunglasses during the day can protect from debris and bright sunshine. Just remember to remove them at night and switch to clear protection.
• Footwear – Sturdy, closed-toe footwear covering the entire foot and ankle should always be worn by motorcyclists and passengers while riding. This protects feet from road rash, debris and burns from the scorching hot engine components. Any leather or work boot will provide ample protection. Low-top canvas shoes and sandals should be avoided.
• Clothing – Like footwear, long sleeves and pant legs are always recommended for protecting limbs from the elements and road rash. Leather works best, but denim or any other thick material will suffice. Try to avoid baggy or loose-fitting clothing, as they may get caught on a tree branch or other roadside hazard.
• Gloves – Aside from your head, your hands are doing the most work to keep you safe, so you might as well protect them. Thick gloves protect from debris and the elements and help riders maintain their grip during a long ride. Leather gloves are best, but again, any protective material with a gripping surface on the palms and fingers will be more than enough.

In the Worst-Case Scenario, You Will Need Legal Protection

Despite riders’ best efforts and the many laws in place to keep all motorists safe while sharing the road, accidents do happen. In those instances, it’s important you seek experienced legal services from lawyers who will fight for your best interests.

Farris, Riley & Pitt, LLP have many years of experience advocating for motorcyclists who were seriously injured in an accident that could have been avoided had another driver acted responsibly. If you or a loved have been injured in a collision and you believe you are entitled to financial compensation, contact Farris, Riley & Pitt by calling 205-324-1212 or visit our website to start your FREE case evaluation today!

¹ http://drivesafealabama.org/uploads/files/ALDOT-2015-CrashFactsBook.pdf
² https://www.ghsa.org/sites/default/files/2017-01/Spotlight%20Motorcycle%202016%20H.pdf

According to data compiled by the National Highway Traffic Safety Administration (NHTSA), more than 42.6 million Americans were affected by 899 new recalls of vehicles, auto equipment, child safety seats and tires in 2017. Even worse, these astronomical numbers are low when compared to recent years. 2015 saw more than 86.3 million safety recalls, and 2016 wasn’t far behind at around 78.8 million.¹

Given how widespread the issue is, you may expect that many vehicle owners affected by recalls would promptly bring their vehicles in for repairs. Unfortunately, that is not the case. Data suggests that only 70 percent of those eligible for repairs act upon vehicle recalls. That means 30 percent of warned drivers are operating a vehicle that could fail on them, endangering not only themselves and their passengers, but also everyone else on the road.²

These numbers are even more abysmal for certain types of recalls. According to J.D. Power, the percentage of remedied recalls is much lower for:

• Recalls impacting more than one million vehicles – 49 percent
• Suspension issues – 48 percent
• Airbags – 47 percent
• Older vehicles – 44 percent
• Large SUVs – 33 percent
• Mid-premium sports cars – 31 percent

These percentages are startling, but they don’t have to be. Vehicle recalls are serious and easily remedied, which is why every owner should heed recall notices and check the recall status of their vehicle twice a year.

The Defects Are Dangerous

Many vehicle owners don’t realize auto recalls always pertain to mechanisms that pose a significant safety risk if they were to malfunction. Minor issues like paint misapplications, air conditioning defects and exterior rust do not warrant a recall. Neither does general wear and tear, as the vehicle owner would be expected to handle this on their own through regular vehicle inspection and maintenance. However, manufacturing problems that directly impact safe operation of a motor vehicle are subject to recalls, including:

• Steering mechanisms
• Brakes
• Airbags
• Seatbelts
• Tires
• Lighting
• Accelerators
• Child safety seats
• Fire hazards
• Major structural problems

Recalls are issued either through the manufacturer themselves or through NHTSA. Since manufacturers generally want to preserve their public image and NHTSA only has jurisdiction over safety issues, you can be sure that any vehicle recall poses a real danger.

Many People Have Complained

Some recalls are initiated by the manufacturer themselves if they become aware of a manufacturing problem or if they realize their vehicle does not meet the Federal Motor Vehicle Safety Standards (FMVSS), which dictate the minimum performance acceptable for vehicles and vehicle parts. Much of the time, however, vigilant consumers draw NHTSA’s attention to a problem by submitting complaints.

Any person can submit a complaint:

• Online – Simply fill out and submit a Vehicle Safety Complaint or Non-Vehicle Complaint on safercar.gov.
• Via the Vehicle Safety Hotline – Consumers can call toll-free at 1-888-327-4236 or at 1-800-424-9153 if they have a hearing impairment.
• By mail – Send a letter describing the problem to NHTSA in Washington, D.C.

After reviewing the complaints, NHTSA compiles the information and identifies trends. If they feel there is a safety concern, or if they grant a petition to open an investigation, they will begin a Preliminary Evaluation (PE), which can last up to four months. If the PE indicates an issue and the manufacturer refuses to send out a recall, NHTSA conducts an in-depth Engineering Analysis (EA) that can last up to a year. With sufficient evidence of a safety issue, they will send a Recall Request Letter to the manufacturer. In some cases, the manufacturer will still resist and a Public Meeting will be ordered to decide the matter. The manufacturer is also allowed to dispute a recall decision in Federal District Court.

As you can see, the recall process is thorough and often time consuming, relying upon stringent federal regulations and vehicle testing and analysis. Input from hundreds to thousands of concerned consumers is also considered. By the time the recall notice arrives in your mailbox, your vehicle may be well overdue for repair or replacement.

There Is No Drawback to Getting the Recall Fixed

Maybe you figure you’ll hedge your bets by skipping repair, replacement or a refund and continue driving your vehicle as is. While going in for a repair may be a minor inconvenience, there is really no downside to remedying a recalled vehicle or part. The manufacturer is required to offer repair free of charge, a suitable replacement or a refund that matches the value of your vehicle, taking depreciation into account. All you have to do is take advantage of the offer by going to your local dealer!

You may even be eligible for reimbursement if you already paid for repair or replacement of the vehicle or part in question. Be sure to keep receipts for all vehicle repairs so you can supply documentation to the manufacturer.

Find Out If Your Vehicle or Its Parts Have Been Recalled

If you are unsure whether your vehicle, auto equipment, child safety seat or tires have been recalled, visit this NHTSA recall page. To use the vehicle search, you will need to know your vehicle identification number (VIN). The VIN is usually located on the:

• Driver’s side dashboard, looking through the windshield from outside the car
• Car door jamb or pillar near the driver’s seat, which is only visible by opening the door
• Vehicle title, registration or insurance papers

You can also contact the manufacturer if you cannot find your VIN.

Protect Yourself Against Defective Automobiles and Equipment in Birmingham, AL

Sometimes an auto recall reaches a consumer too late to prevent catastrophe. If you have been injured in an accident due to a defective vehicle or vehicle part, the lawyers at Farris, Riley & Pitt, LLP will fight for your compensation.

We have more than 20 years of experience in the Birmingham area, including extensive experience advocating for clients in all types of product liability cases. Call us today at (205) 324-1212 for your free consultation.

¹https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/2017_recall_annual_report_updated011818_0.pdf
²https://www.nhtsa.gov/press-releases/us-dot-and-maryland-mva-collaborate-improve-recall-remedy-rates

Autonomous trucking is a big deal these days. While many are enthusiastic advocates, others are concerned about what autonomous trucking would mean for society and the industry as a whole. (more…)

The U.S. Consumer Product Safety Commission (CPSC) was established through the Consumer Product Safety Act of 1972. It is the federal government organization that evaluates consumer products, catalogs and analyzes industry safety studies and consumer complaints, and coordinates recall efforts for unsafe consumer products.¹ (more…)

Many medical devices manufactured for public use work well and pose little to no risk to the general public when used as prescribed, but the success rate is nowhere near perfect. Even the most well intentioned medical professionals can do more harm than good by using faulty medical products while treating patients. (more…)

[vc_row][vc_column][vc_column_text]In your initial meeting with an attorney, a lot of ground is covered. You may discuss what happened or how you’ve been affected. Often times, so much needs to be discussed that the basics can be pushed into the background:

1. The most important thing is that you GET BETTER. Most cases can’t proceed without you getting better first! Getting appropriate medical attention is the cornerstone of your case. As a matter of fact, it is of the upmost importance to us that you experience some relief from pain. Keeping in contact with us regarding your treatment and asking any questions regarding doctors or options you need are important steps in any case. We have helped a lot of client’s find their way through the myriad of treatment options in their areas and will help you as well.
2. We don’t have a specific timeline for your case. Most cases follow a standard course but how long that course takes varies case to case. The differences in each case cause different timelines. Sometimes cases can settle in pre-litigation; some cases have to be filed and proceed to court. Whichever track your case is on, constant communication with your attorney is very important. Never feel uncomfortable calling your attorney’s office to ask about the status of your case.
3. We don’t know how much your case will settle for or if it will settle at all. Sadly, we cannot promise that we can bring your claim to a resolution. As a firm dedicated to serving justice, we can promise that we will work hard and fight for you, no matter what the end.
4. You can never give too much detail. The devil truly is in the details. Often times, while speaking with clients, they may mention things like, “it looked like she was on the phone” or “he was in his work uniform when he got out of the car”. Details like these give the attorney a direction to pursue and can help bring your case to a quicker resolution.
5. Sometimes your best point of contact is the paralegal. Often, your attorney will be out of the office. If you have trouble getting in touch with him/her, ask to speak with their paralegal. Typically, your call will be returned in less than 24 hours or they can coordinate between you and the attorney.
   
   A lawsuit can be overwhelming for anyone. That is why it is important to have an attorney and staff that you trust. At the end of the day, it is your life that has been significantly affected by a traumatic event and it is our job to help you put those pieces back together. And with a little bit of communication and a lot of hard work, we can help you get back to normal.

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[vc_row][vc_column][vc_column_text]Tom James will be speaking at an ICLE webcast seminar as a plaintiffs’ lawyer expert on the issues of informal legal discovery in accident cases. The webcast seminar is open to all Michigan lawyers.

Although Tom was asked to speak primarily from the plaintiff injury lawyer perspective, the legal discovery seminar is more about the many universal and informal legal discovery strategies that attorneys can apply to better serve their clients. These are the strategies that smart lawyers from both sides use to move cases faster and reach great settlements for their clients.

They are also the strategies that lawyers normally do not learn in law school.

The discovery strategies unique to plaintiffs that Tom will review include informal ways to make sure attorneys know about ALL of the layers of insurance coverage, ordering complete driving records, how to find and discover redacted records, and how lawyers can verify injuries and lifestyle change evidence to meet serious impairment and threshold challenges in automobile accident cases.

The webcast will become part of the ICLE continuing education on demand. You can take a look here.

ICLE is the Institute of Continuing Legal Education for lawyers. The organization provides training and education to Michigan lawyers.

Tom focuses his practice on litigating auto accidents and No Fault insurance disputes. He has taken more than 30 cases to trial, including several that have resulted in multimillion dollar verdicts. Two of the cases he’s taken to trial have been the top- reported automobile accident trial verdict in Michigan, according to year-end compilations of trial verdicts and settlements by Michigan Lawyers Weekly. Prior to joining the firm, Tom worked at the St. Joseph County Prosecutor’s Office. Tom started at Michigan Auto Law as a law clerk in his second year of law school.

He’s been named a Michigan Lawyers Weekly “Up and Coming Lawyer,” a Michigan Super Lawyer and a Michigan Association for Justice “Pacesetter.” Tom is a member of the Negligence Law Section of the State Bar of Michigan, the Michigan Association for Justice, the American Association for Justice and the American Civil Liberties Union. Tom frequently speaks at legal educational seminars throughout the country on topics dealing with trucking and auto accident litigation strategies and No Fault law.
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Over 1,500 cases filed in Bard IVC Filter MDL in Phoenix, AZ, before Honorable David G. Campbell.  The filters alleged to have caused injury are Bard’s “optional” filters – i.e. those that Bard has represented to be removable after the risk of pulmonary embolism has passed – the Recovery, G2, G2X, Eclipse, Meridian and Denali filters.

The parties are currently working through general and case specific (trial pick or “bellwether” selections) discovery, with the first bellwether case to be tried in the fall of this year.

The MDL plaintiffs are also seeking certification of a medical monitoring class action with the goal of requiring Bard to establish and pay for a protocol to monitor patients who received optional filters that, due to incorporation into the body, cannot be removed despite no longer being needed.

The trial of the first Bard state court case (non-MDL case) since the MDL was created is the Austin v. Bard, et al matter, pending in Broward County, Florida.  The trial is scheduled for March.  The case involves allegations of serious complications from a G2 filter, requiring an open procedure for removal.

The Alabama-based law firm of Farris, Riley & Pitt, LLP has experience with IVC filter “>defective medical device cases and all forms of medical malpractice. We help clients nationwide determine if they have a claim against IVC filter manufacturers.

The time you have to protect your rights is limited. Please contact our office to speak with one of our Alabama IVC filter attorneys today at (205) 324-1212.