Articles Tagged with automobile wreck

According to Alabama Code § 32-5A-350, it is against the law to use a cellular telephone or other similar device to send or receive text based communications, including text messages, instant or direct messages, pictures, and electronic mail while operating a motor vehicle on a public road, street, or highway.  The penalty is $25.00 for a first violation, $50.00 for a second violation, and $75.00 for a third or subsequent violation.

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Violation of the statute can be the primary or sole reason for being stopped by a law enforcement officer.  This means that a law enforcement officer can stop a motorist for texting and driving without witnessing any other moving violation. If someone is texting and driving, an officer can stop that driver and issue a ticket, even if the driver is following all of the other rules of the road at the time.

Although texting is illegal, the statue allows the user of a device to “read, select, or enter” a telephone number in a device for the purpose of making a call while driving.  The statute also allows for the sending and receiving of messages with voice operated devices when driving an automobile. Continue reading

In Alabama, the measure of damages for personal property is the difference between the reasonable market value of the property immediately before it was damaged and its reasonable market value immediately after it was damaged.  In cases where an automobile is damaged but is not a total loss, the cost of repair is considered when determining the difference in market value.  In addition to the cost of repair, any diminution or decrease in value of the automobile resulting from the damage will be considered. When the damage to the vehicle is merely cosmetic or the vehicle is older, there may not be any diminution in value after appropriate repairs are completed.  In cases of newer model cars with substantial damage, the claim for diminution in value can be significant.

Alabama courts have ruled that an owner of property is qualified to state his or her opinion as to value of property before and after injury. Chambers v. Burgess, 281 So.2d 643 (1972); Parker v. Muse, 250 So.2d 688 (1971).  However, in many cases, it is beneficial to use experts to assess the diminution in value to a vehicle.   Experts can be particularly helpful when assessing the impact of damages to antique, classic or exotic automobiles.    Other states utilize a statutory formula using a base loss value, damage modifiers (severe, moderate or minor) and the vehicle’s mileage to assess the diminution in value.

Alabama does not have any laws that designate the type of replacement parts that must be used when repairing a damaged vehicle.  As long as the replacement parts are similar in fit and quality as the damaged parts, used parts or aftermarket parts may be used to complete repairs. Continue reading

Most drivers are aware of the majority of rules that govern operation of motor vehicles on a public roadway.  These rules are set forth in Alabama Code § 32-5A-1 though § 32-5A-330.  Although these rules primarily concern operation of vehicles, they also contain provisions directing proper pedestrian use of roadways and intersections.

Pedestrian controlThe principle rule for pedestrians requires that they follow the traffic control devices that regulate motor vehicle traffic unless otherwise directed by a specific pedestrian control sign such as the commonly used walk/don’t walk devices.  Alabama Code § 32-5A-32 and §32-5A-210.  Whenever there are special pedestrian control signals at an intersection, pedestrians may proceed across the roadway as directed and shall have the right of way and all motor vehicles must yield to the pedestrian.   Alabama Code § 32-5A-33.

CrosswalkWhen traffic control signals are not in place or not in operation, drivers of motor vehicles must yield the right of way to a pedestrian crossing the roadway within a marked crosswalk. If a pedestrian is crossing a roadway at any point other than an intersection or a marked crosswalk, then the pedestrian shall yield to vehicles on the roadway.  If there are adjacent intersections where traffic control devices are in use, it is unlawful to cross the roadway except at a marked crosswalk.  Alabama Code § 32-5A-212.  This would be the case in the typical “jaywalking” situation where pedestrians attempt to cross a roadway in the middle of the block.  It is also against the law for pedestrians to attempt to cross an intersection diagonally.  Alabama Code § 32-5A-212.

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