Alabama Injury Attorney Blog

The New Jersey legislature recently failed to pass a bill that would have lifted the two-year statute of limitations that victims of sexual abuse have to file civil claims against their abusers. When the bill was initially proposed back in 2010, it received overwhelming support by a state senate committee. However, since that time, the bill has been stalled in the state legislature. On the last day of the legislature's final session, lawmakers failed to vote on the bill. The bill has had significant support in committee, and some believed that because of that support, the bill would make it to the governor's desk. Sadly, for the victims of abuse they were wrong.

Alabama currently has the exact same two-year statute of limitations for suits based on sexual abuse. In Alabama, a victim may bring suit against the perpetrator within two years of the incident. Alabama Code § 6-2-38(l) contains no general statutory exception for sex-related actions. Moreover, the Alabama Supreme Court does not permit a sexual abuse action to be filed when suppressed or latent memory of the incident arises beyond the statute of limitations. Travis v. Ziter, (Ala. 1996). One victim-friendly aspect of Alabama's law says that there is a tolling of the statute of limitations for minors and that the clock begins running only once you turn 19-years-old. Alabama Code § 6-2-8 does specify that even under such circumstances no action can be filed at all after twenty years has passed.

When New Jersey lawmakers were asked why the bill died in the General Assembly, they were tight-lipped. The spokesman for the Democrats (http://www.njdems.org/), Tom Hesterman, said that they wanted to rework the bill to resolve some "technical questions." There was no further explanation about what kinds of questions needs to be resolved. Hesterman did say however that they were going to reintroduce the bill during the next session once the "technical questions" have been answered.

Victims of child sexual abuse at the hands of Catholic priests are understandably frustrated with the bill's failure in the Assembly. The victims believe that the influence of the Catholic Church is to blame for the bill failing to make it past committee. As it stands now in New Jersey, an adult victim of child sexual abuse has two years from the date of "reasonable discovery" to file a civil claim.

Lifting the statute of limitations would obviously allow more claims to be brought, which is certainly not in the best interest of the Catholic Church. The Church claims that the new changes proposed by the bill will only pad the pocket of lawyers and will do nothing to protect future children from being molested by Catholic priests. What it will do, however, is encourage the Catholic Church to do whatever it can to minimize the number of lawsuits it has to defend, which may mean putting a little extra effort into screening who is allowed to become a priest in the first place.

As Huntsville personal injury attorneys we have seen the damage that can result from childhood sexual abuse. If you've been the victim of such an atrocity and need assistance navigating confusing legal waters, contact our caring Alabama injury lawyers today.

Source: "Adult victims of childhood sexual abuse frustrated by failure of bill opposed by the Catholic Church," by Terrance T. McDonald, published by NJ.com.

A school bus driving down some back roads in Pike County, Alabama recently rolled over in a terrible accident that resulted in the injury of 41 students. According to a report by Valorie Lawson on WSFA.com, the single-vehicle accident took place at the intersection of County Road 2243 and County Road 2246, just a few miles from Goshen Elementary School in the morning before class.

According to school officials, the bus was carrying 41 children when it wrecked and made a nearly three-quarter roll onto the driver's side. Responding emergency medical crews rushed 21 students by ambulance to Troy Regional Medical Center, while seven others were taken to Crenshaw Community Hospital in Luverne, Alabama. Thirteen additional students with less pressing injuries were taken to hospitals by another bus for medical treatment.

Thankfully, even the ones taken by ambulance suffered relatively minor injuries, with the most serious appearing to be a broken arm. Cuts and scrapes were by far the most commonly reported injury, surprising given the severity of the accident.

The Alabama State Troopers have said that no charges will be filed relating to the accident. "It was an accident. It was unfortunate," said Pike County Schools Superintendent Dr. Mark Bazzell, adding that he had not anticipated any charges.

According to an accident investigator's report, the school bus driver was traveling north on County Road 2243 and was exiting a curve when the right side of the tires slipped off the road. The school bus then followed the tires and completely left the road. The driver steered to the left and as the front tires re-entered the roadway, the back of the bus slid to the right on the wet morning grass. The school bus then overturned onto its right side, rolled over and came to a rest on the driver's side.

The Troopers reported that while no drug or alcohol tests were administered at the scene of the accident, the driver was "apparently normal" and thus under no suspicion. Pike County Schools did give the bus driver a drug and alcohol test afterward. "That is part of our standard procedure," said Superintendent Bazzell, who added that results were totally negative.

As Alabama accident attorneys we routinely see the damage that can result from accidents on winding country roads. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Alabama auto accident lawyers today.