Articles Tagged with intoxication

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Blackwell Law Firm in HuntsvilleSovereign immunity. Most personal injury lawyers shudder at the phrase! We occasionally deal with this issue in our personal injury cases. When we do, we are usually explaining to callers the difficulty or impossibility of suing the state for damages.

How about a slightly different issue — tribal sovereign immunity. Native American tribes are not independent political entities. They are not states, like Alabama. They have often been called “domestic dependent nations” and are subject to control by the U.S. Congress. Tribes retain some historic sovereign authority unless Congress acts. If you find the relationship confusing, you would not be the only one.

A current case now pending before the U.S. Supreme Court presents an interesting issue of tribal sovereign immunity. It involves a car accident and the Poarch Creek tribe in Alabama. The Alabama Supreme Court framed its decision like this:  The doctrine of tribal sovereign immunity affords no protection to tribes with regard to tort claims asserted against them by non-tribe members.

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Blackwell Law Firm - Huntsville Car Accident LawyersYou are driving down the road. It’s a beautiful day. Bam! Suddenly, another car crashes into you. Another driver ran a stop sign and caused the crash.

Clearly, you have a negligence claim against the other driver. He failed to follow the Rules of the Road. He ran a stop sign. Then, you learn more. You learn this other driver also uses illegal drugs. Illegal drug use. That’s powerful evidence. It’s powerful evidence if the judge allows it’s use at trial! That brings us to the key question:  Is the other driver’s drug use admissible at trial? Can you use this evidence to help your case?

The answer is, maybe. I know, that’s not the concrete answer you wanted. Evidentiary questions rarely have absolute answers. That’s why a good lawyer with real trial experience is so important to your case. You need an experienced trial lawyer who understands the evidence rules and how to apply them. You certainly will NOT get such a lawyer from the billboards and television advertisements showing smiling attorneys begging for cases.