Radney, Radney & Jackson, LLC Radney, Radney and Jackson, LLC 2026-04-24T20:30:34Z https://www.radneylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504299/2020/10/cropped-site-identity-32x32.jpg On Behalf of Radney, Radney & Jackson, LLC <![CDATA[The “1% rule”: the impact of Alabama’s negligence standard]]> https://www.radneylaw.com/?p=257604 2026-01-15T01:28:26Z 2026-01-15T01:27:54Z How the "1% rule" works Contributory negligence in Alabama is not precisely a statute, but is accepted as an affirmative defense. This means that, if a jury finds that you are even 1% at fault for your accident, you are legally barred from recovering a single penny in damages. It does not matter if the other driver was 99% responsible, your contribution to the accident, no matter how small, can be presented as evidence by the defendant.

Is an attorney necessary?

An attorney is crucial in this “all-or-nothing” situation, because insurance companies in Alabama are trained to look for any reason to shift even the smallest amount of blame onto you. They may use recorded statements or leading questions to get you to admit a minor distraction or any action that bar you from recover damages. A skilled lawyer does not just argue the other driver's fault. The also have to build an airtight defense to prove you were 0% responsible through strategies like witness testimony and accident reconstruction, so they that 1% does not prevent you from claim compensation. If you have been injured in Alabama, do not hesitate and consult a lawyer as soon as possible.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[The 2026 shift: Understanding Alabama’s new joint custody presumption]]> https://www.radneylaw.com/?p=257602 2026-01-06T15:11:07Z 2026-01-06T15:11:07Z A new default for Alabama families Courts now enter every custody case with the default assumption that joint legal and physical custody serves the child’s best interests. Judges begin the process believing both parents should remain deeply involved in daily life and decision-making. The legislature designed this change to:
  • Encourage regular, ongoing contact between the child and both parents
  • Foster stronger emotional and developmental outcomes for children
  • Ensure both parents share the rights and responsibilities of upbringing
Lawmakers believe that maximizing time with both parents creates a more stable environment. The law applies only to cases moving through the court system after Jan. 1.

Requirements for sole custody

If either parent believes sole custody is necessary, the burden of proof has shifted. Because joint custody is now the legal "rebuttable" starting point, a parent requesting sole custody must prove by a “preponderance of evidence” that joint custody would not benefit the child. To secure a different arrangement, parents must demonstrate that a joint custody arrangement would harm the child in situations involving:
  • A history of domestic violence or child abuse
  • Issues regarding neglect or substance abuse
  • Evidence that a shared arrangement is not in the child’s best interests
Judges can no longer bypass joint custody without providing written findings on the record. The court must consider a specific list of factors to justify a finding that a shared schedule is detrimental to the child's well-being.

Managing the new legal landscape

The shift to a rebuttable presumption also requires a more evidence-based approach to litigation and mediation. You must focus on facts and documentation rather than general preferences. Because Alabama law is now more structured, you need to present your family’s unique circumstances with precision. Skilled legal guidance helps ensure the court understands the reality of your family’s situation.

Putting children first

While the law now favors joint arrangements, your child's safety remains the ultimate priority. You must consider these new rules carefully to protect your parental rights. Working with an experienced child custody attorney can help you reach a resolution that best suits your child's and your family’s future.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[Legal vs. physical custody: What every Tallapoosa County parent should know]]> https://www.radneylaw.com/?p=257600 2026-01-07T00:30:29Z 2025-12-03T19:59:31Z stable plan for your family’s future.

Legal custody: Who makes the big decisions?

Legal custody is about the "big picture." It gives you a seat at the table for major life choices that shape your child’s future. In Alabama, courts favor joint legal custody, meaning parents should collaborate on:
  • Education: Choosing schools or specialized tutoring
  • Health care: Decisions on nonemergency medical, dental or mental health care
  • Religion: Guiding the child’s spiritual upbringing
To prevent gridlock, Alabama law allows a judge to designate one parent as the final “decision-maker” for specific areas if a stalemate occurs. While this is a standard tool to keep your child’s life moving forward, it is not a mandatory requirement for every custody order—it depends on your specific family dynamic.

Physical custody: Where the child lives

Physical custody covers the day-to-day—where your child sleeps, eats and goes to school. Under the Best Interest of the Child Protection Act of 2025 (which took effect Jan. 1, 2026), Alabama judges now start with the "rebuttable presumption" that joint custody is the best path forward. The new law means the court begins by assuming that sharing time with both parents is in your child's best interest unless there is a strong reason to prove otherwise. The new law emphasizes:
  • Meaningful connection: The goal is "frequent and substantial contact" with both parents, and the law defines contact as “equal or approximately equal time” whenever possible.
  • Real-world flexibility: The court retains the authority to adjust schedules. If parents live far apart or if a strict 50/50 split would disrupt the child’s school routine, the judge can create a plan that fits the child's needs rather than simply splitting the time.
The primary focus remains on establishing a consistent routine in which your child feels supported by both parents, regardless of which house they are in.

Securing your child’s future

While these rules apply across all of Alabama, your situation in Tallapoosa County is unique to your family. The goal of any custody agreement is to provide a sense of normalcy and reduce conflict. Because Alabama's custody laws have recently become more structured regarding equal parenting time, having clear, skilled legal guidance is more critical than ever. A well-drafted agreement helps ensure your parental rights are protected, and your child has a stable, loving environment in both homes.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[Alabama car accidents: How to document evidence]]> https://www.radneylaw.com/?p=257592 2025-08-18T08:02:25Z 2025-08-18T08:02:25Z Secure the scene and take photographs First, make sure you are out of harm’s way and not creating a hazard for anyone else. Then start building your visual record: take wide shots that show the entire crash scene from multiple angles, and then move in for close-ups that lock in the details, including vehicle positions, damage, skid marks, debris on the road, the state of traffic signals or signs and even the weather. If you or anyone else has visible injuries, get clear photos now, because those marks can fade or change quickly.

Collect names and contact information

Don’t leave without the essentials. Get the other driver’s full name, address, phone number, driver’s license number, license plate and insurance information. If there are passengers, collect their names and contact details too. These are potential witnesses, and even a short conversation now could make a difference later.

Gather witness statements and details

If someone saw what happened, you want their account before the moment slips away. Approach politely, explain you’re documenting the crash and get their name and phone number. If they are willing, jot down or record their version on the spot so their memory stays fresh and unfiltered by outside opinions.

Document your own account immediately

As soon as you have a quiet moment, record your own version while every detail is still sharp. Include the time, location, weather and a clear sequence of events, along with anything that stood out before impact. For example, a sudden lane change, a driver on their phone or a light that turned just as someone sped through. Specifics matter, and the more you capture now, the harder it will be for anyone to twist the story later.

Preserve all records and evidence

Your documentation doesn’t stop at the scene. Hold on to every related record: police reports, medical files, repair estimates and insurance communications. Keep damaged items in a safe place, and store your paperwork so it’s ready to hand over if a lawyer, adjuster or investigator needs it.

Take control of your next steps

The more thorough you are now, the more control you keep over what happens later. Use these steps as your playbook in the minutes, days and weeks after a crash so you can stay ahead of shifting stories, protect your rights and decide your next move from a position of strength.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[Can you get a DUI in Alabama while ‘sleeping it off’ in your vehicle?]]> https://www.radneylaw.com/?p=257591 2025-07-17T15:44:05Z 2025-07-17T15:44:05Z What does "actual physical control" mean under Alabama law? Alabama DUI laws don't require you to be driving for police to arrest you. You only need to have "actual physical control" of a vehicle while intoxicated. This means having the exclusive physical power to operate the vehicle, even if you choose not to drive. Courts consider several factors when determining actual physical control:
  • Where you were sitting in the vehicle
  • Whether the keys were in the ignition
  • If the engine was running
  • Your vehicle's location
Even sitting in the driver's seat of a parked car with keys nearby could result in DUI charges if your blood alcohol content (BAC) reaches .08 or higher.

Penalties you face for DUI in Alabama

The same penalties apply as if you were driving. A first-time DUI conviction carries a potential penalty of up to one year in jail and fines ranging from $600 to $1,200. Your license faces a 90-day suspension, and you must install an ignition interlock device for six months after reinstatement. Second convictions within five years typically result in steeper penalties, and third convictions lead to mandatory 60-day jail sentences, fines between $2,100 and $10,100, and a three-year license suspension. Enhanced penalties apply if your BAC reaches .15 or higher, if you refuse chemical tests or if a child under 14 was in your vehicle.

Possible defenses against physical control charges

Several defense strategies might apply to your situation. Your attorney could argue you lacked actual physical control if you weren't in the driver's seat or the keys were far from the ignition. Vehicle location matters too – being in a private driveway differs from parking on a public road. Timing also plays a crucial role. If you consumed alcohol after parking but before police contact, this could affect your case. Your attorney might challenge the accuracy of breath or blood tests or question whether officers had probable cause for the stop. Working with a skilled DUI defense attorney gives you the best chance of protecting your rights and achieving a favorable outcome in your case.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[What does Alabama law say about ignition interlock devices?]]> https://www.radneylaw.com/?p=257585 2025-02-04T21:21:41Z 2025-02-04T21:21:41Z What is an Ignition Interlock Device (IID)? An ignition interlock device is a small, electronic mechanism installed in a vehicle that measures the alcohol level in a person’s breath. Essentially, it works like a breathalyzer. The vehicle will only start if the driver's breath alcohol concentration (BAC) is below a certain percent.

Who must have an IID in Alabama?

Having an IID installed is a common result of DUI convictions. The amount of time that a driver must have an IID depends on their situation:
  • First DUI conviction: After a first conviction, drivers must have a device installed in their vehicle for six months.
  • First DUI conviction with high BAC: If a driver is convicted of their first DUI and had a BAC of 0.15% or higher, they must use an IID for one year.
  • Second DUI conviction: For a second DUI conviction, drivers must install an IID for a period of two years.
  • Subsequent DUI convictions: For third and subsequent DUI convictions, the required period extends to three years.

How can having an IID impact drivers after a conviction?

Drivers required to install an IID must have it installed by an approved provider. The installation process includes setting the device to prevent the vehicle from starting if the driver's BAC exceeds the state-approved level. They must also perform regular maintenance and calibration checks on the device. The cost of installing and maintaining an IID can vary, but it generally includes an installation fee and a monthly rental fee for the device. The offender usually pays these costs, adding a financial burden to the penalties of DUI convictions. For those facing DUI charges, it is vital to understand IID regulations. Knowing these laws can help them understand the ways a drunk driving conviction could impact their life and – if the court does find them guilty – ensure that they can stay on the road.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[What exactly is mail fraud?]]> https://www.radneylaw.com/?p=257583 2025-02-03T15:36:18Z 2025-02-03T15:34:15Z Examples of mail fraud The U.S. Postal Inspection Service investigates mail fraud cases before referring them to federal law enforcement for prosecution. These cases often target vulnerable populations, with seniors and veterans being frequent victims. Common types of mail fraud include:
  • Fraudulent home improvement offers
  • Health insurance scams
  • Land fraud targeting retirees
  • Inheritance scams
  • Fake charities and political contribution requests
  • Sweepstakes fraud
  • Employment schemes targeting the unemployed
If convicted of mail fraud, you could face severe penalties. The crime is punishable by up to 20 years in prison and hefty fines. In cases involving financial institutions or declared emergencies, penalties can increase to 30 years in prison and fines up to $1 million.

What are possible defenses?

To secure a conviction, the government must prove you intentionally devised a scheme to defraud and used the mail to carry it out. This high burden of proof opens up several potential defense strategies, including:
  • Lack of intent to defraud
  • Misunderstanding of the scheme's fraudulent nature
  • Following orders without knowledge of illegality
  • Absence of personal financial gain
  • Mistaken identity
If you're facing mail fraud charges, it's crucial to seek experienced criminal defense guidance. These cases often involve complex financial issues and can result in severe consequences. A skilled attorney can help you understand your rights and explore defense options, working towards dismissing the charges against you or minimizing penalties. It’s not advisable to face these serious federal charges alone – professional legal help can significantly bolster your defense.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[The way auto safety technology has changed]]> https://www.radneylaw.com/?p=257560 2024-10-15T20:04:35Z 2024-10-15T20:04:35Z Early automobiles were not very safe at all. The goal was not to keep people safe from bodily injury, but simply to create a functional vehicle to replace the horse and carriage. This meant that the fatal accident rates soared in the early days of automobiles in the United States. Fatalities increased dramatically from the 1910s to the 1970s.  They began to come down when auto safety technology was implemented. The seatbelt was revolutionary, as was the airbag. Crumple zones also help to dissipate energy in a crash. This type of technology acknowledges that car accidents are going to happen, and the safety systems seek to reduce the severity of injuries – along with preventing fatalities. A seatbelt won’t stop a crash, but it can save a life.

Modern technology

These types of safety systems are still used and important, of course. But modern technology has a bit of a different focus. Many new systems are aimed at preventing accidents from happening in the first place. Take, for example, a blind spot monitoring system. It can turn on a light on the car’s side mirror and play an audible signal for the driver to alert them that another vehicle is in their blind spot. If the driver still merges and causes an accident, the monitoring system doesn’t protect them at all. But if the driver gets the alert and waits to merge until that car passes, the accident is entirely avoided. The other safety systems – seatbelts, airbags, etc. – don’t even have to be used. This new technology can make cars safer, but accidents do still happen. Those who have been injured need to know how to seek financial compensation.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[How can an Alabama DUI affect car insurance?]]> https://www.radneylaw.com/?p=47622 2024-10-05T23:18:39Z 2024-10-05T23:18:39Z Policy premiums increase Insurance costs are different from one policy to the next. The amount of coverage a driver decides to purchase is one important factor when the company calculates premiums. Insurance companies also look closely at the demographic information about the person purchasing the policy. The neighborhood where they live, their age and their sex can influence how much they pay for coverage. Insurance companies also typically check the driving history of the person seeking a policy. Those with substantial traffic violations on their records typically have to pay more for coverage. Researchers looking at the average cost of an insurance policy found that a single DUI conviction can have a drastic impact on the price a driver pays for coverage. The average Alabama driver pays $1,450 for a year of coverage. After a DUI conviction, that average premium surges up to $2,345. That's a 62% increase in costs.

Current coverage may be unavailable

In some cases, a DUI conviction might make a driver too much of a risk for their current insurance company. Drivers may lose their insurance coverage in some cases after DUI convictions. They may then have to purchase a cost from a different insurance company. The aftermath of a DUI conviction can affect a driver's eligibility and costs for insurance coverage for multiple years. Fighting DUI charges can often be a cost-effective choice if people consider secondary consequences, including a likely change in insurance premiums. DUI convictions are frequently far more expensive than drivers initially think.]]> On Behalf of Radney, Radney & Jackson, LLC <![CDATA[Understanding the penalties for a hit-and-run in Alabama]]> https://www.radneylaw.com/?p=47621 2024-10-02T13:49:04Z 2024-10-02T13:49:04Z A hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing necessary information or assistance. In Alabama, hit-and-run accidents are taken seriously, and the penalties can be severe, depending on the circumstances.  Here's a breakdown of what you need to know about the legal consequences of a hit-and-run accident. 

Criminal penalties for a hit-and-run in Alabama

In Alabama, leaving the scene of an accident is considered a criminal offense. If the accident involves property damage, it is classified as a misdemeanor. Penalties can include fines ranging from $500 to $1,000 and up to one year in jail.  However, if the accident results in injury or death, the hit-and-run charge can escalate to a felony, with much harsher penalties, including fines up to $5,000 and prison sentences ranging from one to ten years.

Civil penalties for a hit-and-run in Alabama

Drivers involved in a hit-and-run accident may face criminal charges and civil penalties. Victims can file lawsuits for damages, including medical bills, lost wages and pain and suffering. Alabama is a contributory negligence state, meaning if the victim is found even slightly at fault, they may be barred from receiving compensation.

Loss of driving privileges

Another significant consequence of a hit-and-run conviction in Alabama is the suspension or revocation of driving privileges. The Alabama Department of Public Safety may suspend a driver’s license for a misdemeanor hit-and-run, while a felony conviction can result in permanent revocation. Alabama's hit-and-run laws impose steep penalties on drivers who flee the scene, including jail time, fines, civil liabilities and loss of driving privileges. For victims, it may be possible to recover compensation from the at-fault driver once they are found. ]]>