Headlights & Crosswalks – WTVM Legal Break with Attorney Gary Bruce


This is legal break on WTVM with attorney, Gary Bruce answering your questions about the law

Hello there Well today we have some very interesting questions to ask you, Gary So we're gonna jump right in the one I'm going to read to make sure I don't get it incorrect Paul from Columbus called in asked: if the police have a right to pull him over for a headlight being out in his car? Yes And the quick answer is yes they do

Because we have an implied consent when we use the roads the state has a duty and an interest in keeping it safe So when you take to the roads if your lights are out, you're malfunctioning somehow, or even if you've been impaired, you've implicitly said: I'm subject to the state's rules and regulations So can they pull you over? Yes The question comes up when it's maybe a pretextual pullover Was a really reason to pull me over, or were you just making something up so you could inspect my car, or see who I was

You know, and that that argument comes up sometimes But the truth is they can if your lights are out, they can pull you over So here's the tip I think, Paul, and Paul and I talked about this Walk around the car like you if you're a trucker, you know They have to do a pre-trip inspection and we don't do this enough, I don't do it enough, but none of us do

But make sure your lights are working, make sure your signals are working, and look at your tires Make sure they're inflated, you know that causes a lot of wrecks Bad tread is an issue, and it comes up So do it, take it on yourself, do it, inspect for yourself and that's a good opportunity and a good time to talk about that, it's a safety issue for all of us It is, and this could help you and/or the passengers in your car too

So we have a man on the street question and a question from Rick, let's roll it What happens when you cross the median, not in the crosswalk, and you get hit – who's at fault? All right well the question essentially: Do you have to cross in a crosswalk? I think the good answer is yes, crossing a crosswalk But if you don't, you may recover in Columbus in Georgia you have different rules in Alabama So the interesting thing is this, if you are contributorily negligent in causing your injury, in Georgia, the jury will have a chance to decide how much you contributed versus how much the other person contributed So they come around a corner real fast and have fault, then you can still recover

In Alabama, the rule is a little different If you're one percent at fault under contributory negligence laws then you may be barred from recovery altogether So, an interesting distinction between Georgia and Alabama, but use the crosswalk much safer, a lot better Keep the questions coming we're enjoy this Yeah it's been fun

Thank you so much we'll see you on the very next Legal Break

Source: Youtube


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