Law 251

Ever feel like you’re doing everything right on the road… and still one random moment could flip the script?  This week’s Law 251 segment on FM Talk 106.5’s Mobile Mornings dives into a topic most drivers don’t think about until it’s way too late: uninsured and underinsured motorist coverage.Attorney Desi Tobias of Tobias & Comer Lawbreaks it down in a way that’s equal parts eye-opening and practical. Here’s the headline: this coverage isn’t required in Alabama… but skipping it can cost you big. The reality check:A surprising number of drivers on Alabama roads are uninsured or only carry the bare minimum. If you’re hit by one of them, their policy might barely scratch the surface of your medical bills or lost income. That’s where uninsured motorist (UM) coverage steps in, acting as a financial safety net for you. Big misconception cleared up:You’re not “paying for someone else’s insurance.” UM coverage protects you, your passengers, and even you as a pedestrian or cyclist if you’re hit. Why it matters:It covers injuries, pain and suffering, and moreIt applies in hit-and-run (“phantom vehicle”) situationsIt can stack across multiple vehicles on your policy, increasing your protectionIt’s often more affordable than people think The harsh truth:The podcast shares real-life cases where people declined UM coverage—only to be left with minimal compensation after serious accidents. A decision made in seconds on a form can echo for years. Pro tip:Pull up your insurance declarations page today. If you see “UM rejected,” that’s a red flag waving like a storm warning on the Gulf. Bottom line: This episode is a must-listen for anyone who drives (so… everyone). It’s not just legal talk—it’s a practical guide to protecting yourself and your family before the unexpected happens.

Dalton and Bryan take a Deep Dive into the explosion of delivery vehicles on the roads. You'll have to listen to find out what 'Deep Dive with a Deep Dish' has to do with Delivery Trucks!Explosion of Delivery Traffic Due to ECommerceThe rise of Amazon, UPS, FedEx, DoorDash, Instacart, and Uber Eats has dramatically increased the number of delivery vehicles on the road.Drivers are under tight delivery deadlines, which can encourage speeding, distracted driving, and unsafe parking.More delivery vehicles means more accidents in neighborhoods, apartment complexes, and commercial areas.

Mobile, if you’ve ever wondered what happens after the paperwork… after the depositions… after the experts… this episode pulls back the curtain.On the latest Law 251 with Tobias & Comer Law, the Mobile Mornings crew sat down at their offices with Desi Tobias, Bryan Comer, and Lacey Smith to walk through what happens when a case is trial-ready.And it’s not just dramatic courtroom speeches and surprise witnesses. It’s strategy. Preparation. Precision.Here’s what you’ll hear: ⚖️ What a motion in limine is and why certain evidence never makes it in front of a jury📚 How the Rules of Evidence shape every single question asked👩‍⚖️ How jury selection actually works and why experience matters🎤 Opening statements, expert battles, and what it takes to meet the burden of proof📝 Why clients sit at the table and sometimes pass notes during trial⏳ The suspense of jury deliberations and the emotional roller coaster of a verdict📄 What happens if the case goes to appeal It’s like getting a backstage pass to the courtroom before the curtain rises.If you caught Part One, this is the next chapter. If you missed both, now’s your chance to understand how preparation and experience can shape the outcome of a case long before a verdict is read.

In this episode of LAW 251, we pull back the curtain on the pre-trial phase of litigation.

Bryan Comer joins Dalton Orwig and Dan Brennan on Mobile Mornings Live to breakdown the upcoming jury trial in Los Angeles regarding social media and its impact on the mental health of its users.

Holiday Season is upon us and with the rise of online shopping, delivery trucks now make more stops throughout residential neighborhoods than ever before, creating unique dangers:●      Tight schedules pressuring drivers to speed●      Frequent sudden stops other drivers don't anticipate●      Double parking that forces dangerous merges●      Large blind spots hiding pedestrians and cyclists●      Constant technology distractions from GPS and scanners●      Varying driver training and experience levels●      High-mileage vehicles needing consistent maintenance●      Operating in residential areas near children and families

Desi Tobias discusses the new Amtrak passenger rail service, and the need to be aware the trains travel faster and are quieter than the freight trains we have been accustomed to. So, remember the old saying "Stop, Look, Listen" ! Maritime law for rail workers is also discussed, as well as Teen Safe Driving Week.

Attorney Bryan Comer discusses the importance of getting legal representation quickly after a traffic accident with an 18 wheeler or semi truck.

Desi Tobias discusses the importance of maritime industry in Mobile, the current dredging project and how it is impacting Mobile Bay, as well as a recent Coast Guard contract and how that has affected local shipbuilding.

Among preventable injuries, drowning is the leading cause of death for children 1 – 4 years old.Summertime in the south means staying cool in the pool, the Gulf or rivers. Make sure to know our tips for ensuring safety for your children and yourself.

Bryan Comer gives an update on recent Supreme Court opinions. At Tobias & Comer Law, we follow SCOTUS closely because it affects our clients and their cases.

Bryan Comer discusses the importance of the judicial system at the local, state and federal levels.

A new guideline for ensuring the safety of children in side-impact collisions has been handed down by the National Highway Traffic Safety Administration (NHTSA), a part of the US Department of Transportation. All new seats will have to meet updated federal safety standards as of December 2026. NHTSA changed the regulations to help make car seats even safer during side-impact crashes. 

Tobias and Comer Law has a deep understanding of the intricacies of maritime law, which is separate and distinct from state law, and applies to incidents that occur on navigable waterways.

At Tobias & Comer Law, our product liability lawyers have experience handling complex cases involving defective and dangerous products, including cranes, golf carts, off-road vehicles, industrial machines, and other products that cause harm to unsuspecting members of our community.

Law 251 Podcast | Mobile Baseball Connection Desi Tobias, Dalton Orwig, and Joey Warner discuss the rich tradition of baseball in Mobile and the importance of community sports in the lives of student-athletes. Tobias & Comer Law proudly supports MOBILE BASEBALL CONNECTION and the high school baseball awards.

We have all experienced instances of bad/reckless driving – drivers weaving in and out of traffic lanes at a high rate of speed, passing in the medians or turn lanes, driving without your lights on in the near dark, following too closely, brake checking people - basically being aggressive drivers. And potentially doing all of that while distracted or impaired. These driving behaviors can be characterized as "wanton" or having a careless disregard for the safety of others. You can hear attorney Bryan Comer explain the ways we can try to avoid being hurt by these bad drivers, and how to make sure you have appropriate insurance coverage if you are in an accident.

Make sure to register any new products you may have received for Christmas—you never know when a product may be recalled, and this is the easiest way for a manufacturer to contact you. There are hundreds of defective products on the market today. Defective products can include machinery, such as ATVs, toys, sports equipment, tires, and many other products that can cause serious harm or even death. https://www.tobiascomerlaw.com/new-year-safety-checklist/ Make sure to start the new year off right with a few safety tips from Tobias & Comer Law! It’s always a good idea to make sure everything is in proper and working order to make for smooth sailing through the year. Here are our Top 5 Safety Recommendations to check off your list:  1. Check your auto insurance declarations page and make sure you have Uninsured Motorist coverage  2. Check for product recalls  3. Inspect your boat for safety items and do a routine maintenance check  4. Check your vehicle for product recalls and make sure all maintenance is up to date  5. Talk with your teens about the rules of the road

A recent trip to Cuba with the Mobile Havana Society led to a discussion about a new book and the ties that bind Mobile and Havana. Mobile and Havana: Sisters Across the Gulf, a new book written by local architectural historian John Sledge and others, is an account of the historic linkages between the two port cities.

The cons of e-scooters, like clogged sidewalks and the risk to public safety, outweigh the pros, according to critics. With the vehicles’ rise in popularity has come a corresponding rise in e-scooter-related emergency room visits, a surge of nearly 450% from 2017 to 2021, according to the U.S. Consumer Product Safety Commission.

Traffic crashes are the leading cause of death in teens 15 – 18 years old. For parents, this is a cause of worry and frustration when their young driver takes to the roads. Take the time to talk with your teens about the importance of adhering to a set of safety rules. While the rules of the road may seem simple, communicate their importance, and establish consequences with your teen. Make sure you have outlined the expectations you have set for safe driving. And, just as important, parents need to set the example and follow the same rules. See more: https://www.tobiascomerlaw.com/teen-safe-driving-tips/

Car seat safety begins at home. Before leaving your house, make sure your child is in the right car seat for their age, weight, and height! Learn more: NHTSA.gov/TheRightSeat #ChildPassengerSafetyWeek #TheRightSeat

As the summer days wind down and the school bells start ringing, it's time for children to head back to school. While this season brings excitement and new beginnings, it also calls for heightened attention to safety, especially around bus stops, school zones, and pedestrian areas. Whether you're a parent, student, or motorist, staying informed and vigilant is crucial for ensuring a safe environment for everyone. 

ICYMI: Law 251 Podcast | Bike Safety It's summertime and that means the kids are out on their bikes. Did you know: 1. Bicyclist deaths are highest during the summer months between June and September. 2. Nearly three-quarters of all bicyclist deaths occur in urban areas. 3. Failing to yield the right of way is the highest factor in fatal bike crashes, followed by bicyclists not being visible. Rules of the road apply to bicyclists as well as drivers of cars. Make sure your children know the rules of the road - check out the discussion with Attorney Lacey Smith and Dalton Orwig. FM Talk 1065 #law251 #tobiascomerlaw

No one wants to be a plaintiff in a lawsuit. Until the day that something bad happens. If there is negligence involved, you want representation from attorneys who are experienced in the courtroom.

Summer is a great time to enjoy local waters. Whether you’re a boater, angler, or water sports enthusiast, please remember to be responsible around the water. May 18-24, 2024 is National Safe Boating Week. Click here for our video series on safe boating:  ⁠https://www.tobiascomerlaw.com/boating-accidents-know-how-to-stay-safe-on-the-water/⁠ The Safe Boating Campaign, led by the National Safe Boating Council, offers these tips for safety while boating:   1. Wear a life jacket. No matter what activity you have planned on the water, always remember to wear a life jacket every time you are on the water. Accidents on the water can happen much too fast to reach and put on a stowed life jacket. 2. Make sure your life jacket is U.S. Coast Guard approved, appropriate for your water activity and fits properly. A life jacket that is too large or too small can cause different situational problems. 3. Know state boating laws. Rules and laws can differ from state to state and violations can result in ticketing, fines or jail time. 4. Take a boating safety course. Learn valuable tips that can help save your life in unexpected situations. 5. Make sure your boat is prepared. There are many items that need to be checked and rechecked on any boat. Schedule a Vessel Safety Check with your local U.S. Coast Guard Auxiliary or U.S. Power Squadrons before you hit the water. Every Vessel Safety Check is conducted 100 percent free of charge. 6. Always file a float plan. File a float plan before you leave shore with someone you trust that includes details about the trip, boat, persons, towing or trailer vehicle, communication equipment, and emergency contacts. 7. Check the weather, including the water temperature. Know the latest marine weather forecast prior to going out, and keep a regular check for changing conditions. 8. Don’t drink while you boat. Where the primary cause was known, alcohol was listed as a leading factor in boating-related deaths. 9. Beware of carbon monoxide poisoning. Gasoline-powered engines on boats, including onboard generators, produce carbon monoxide (CO), a colorless and odorless gas that can poison or kill someone who breathes too much of it. Be sure to install and maintain a working CO detector, never block exhaust outlets, and always dock, beach or anchor at least 20 feet away from the nearest boat that is running a generator or engine. 10. Keep in touch. Communication devices can be the most important piece of emergency equipment on board a vessel, especially in case of emergency. Be sure to have and know how to use at least two communication devices that work when wet, such as satellite phones, emergency position indicating radio beacons (EPIRB), VHF radios, and personal locator beacons (PLB).   By following these tips, you can enjoy your boat, the water, sunshine and fresh air responsibly. For additional boating resources and tips, please visit https://www.tobiascomerlaw.com/boating-accidents-know-how-to-stay-safe-on-the-water/  

Each April marks Distracted Driving Month, a public awareness campaign aimed at calling attention to the dangers distractions pose to motorists who engage in risky behavior and those they share the road with. We, therefore, thought it would be appropriate to share how big of an issue this irresponsible practice is in our state and to share information to help you better understand legal responsibility in distracted driving accidents in case a negligent motorist strikes you, causing you to suffer injuries.

The latest Law 251 - Attorney Lacey Smith and Dalton Orwig break down the consequences of being impaired behind the wheel. The stats for alcohol-related car accident deaths during St. Patrick's Day are alarming. Check it out, and plan your ride.

We kicked off Mobile Boat Show weekend with our friends at FM Talk 1065 - Mobile Mornings with Dan and Dalton. Desi Tobias visited in studio to discuss Maritime Law as it applies to commercial and recreational vessels, and the importance of boating safety. Check it out! #law251 #tobiascomerlaw

Desi Tobias speaks to the National Championship Game with his nephew as long snapper, the importance of researching all of the judicial candidates in the upcoming election, and a few thoughts on staying safe at Mardi Gras. Check it out!

What to do if injured by an impaired driver - this one has generated a good deal of "buzz" - check it out!

Join us for this Law 251 Podcast Year in Review of 2023 safety education topics, notable cases, legislative changes, and the continual learning process to stay current. 

With the Holidays right around the corner, Tobias & Comer Law would like to educate the public about the potential hazards of defective products and what to do if they have been injured by a defective product. Toys, appliances, ATV’s, baby equipment, seat belts, even collision protection systems in new cars can be defective and cause injury. Appliances and equipment that have lithium batteries can be a cause of injury, while other products have faulty designs that cause harm.   In Alabama, there is a special set of rules that apply to product manufacturers known as the “Alabama Extended Manufacturer Liability Doctrine” or “AEMLD” for short. The AEMLD requires manufacturers to produce products that are free from defects in manufacturing, to eliminate dangerous designs, and to properly warn the end users of products of the dangers the company knows or should know.   A manufacturing defect — Errors in the production process caused the product to leave the factory in a condition that made its use unsafe. A design defect — Despite being manufactured correctly, the product was designed in a way that made it unreasonably dangerous even when used as intended. A failure to warn — The product did not come with adequate instructions for safe use or warnings about reasonably anticipated dangers from misuse.   What you can do:    ·       Report a Defective Product: Always report an injury that was caused by a suspected defective product. Contact the manufacturer or seller of the product and report it to the Consumer Product Safety Commission (CPSC). Individual consumers can reach out to the CPSC on their website https://www.saferproducts.gov or by phone (800-638-2772) to report safety concerns about various products. Additionally, businesses and manufacturers of products are legally required to report any defects that they discover to the CPSC.   ·       Check for Recalls: Check the Consumer Product Safety Commission website regularly for product recalls and/or sign up for CPSC alert emails. https://www.cpsc.gov/Recalls   ·       Register your Product: Be sure to register the product with the manufacturer – don’t throw away that “Register Your Product” paperwork. Go online and register your newly purchased product so that you will receive any recall information directly from the manufacturer.   Oftentimes, following and adhering to recall information can remedy a potentially dangerous toy or product injury. Take a moment and sign up for the recall alerts to keep your family safe from an unexpected defective product injury.   Articles with more information regarding injury from defective products:   https://www.tobiascomerlaw.com/burn-injuries-caused-by-defective-products/   https://www.tobiascomerlaw.com/car-seat-and-seat-belt-defects/   Tobias & Comer Law, LLC, is a Mobile, Alabama-based personal injury law firm known for effective and compassionate representation for the injured. The firm has been successful in cases involving catastrophic injury and death, representing victims in all manner of personal injuries; maritime injury, wrongful death, defective products, trucking accidents, alcohol and drug related injuries, medical malpractice, automobile accidents, and premises liability. For more information, please visit www.tobiascomerlaw.com.      

In observance of National Teen Safe Driving Week, Tobias & Comer Law is sharing safety tips for parents help keep their teen drivers safe on the road. Traffic crashes are the leading cause of death in teens 15 – 18 years old. For parents, this is a cause of worry and frustration when their young driver takes to the roads. Take the time to talk with your teens about the importance of adhering to a set of safety rules.   While the rules of the road may seem simple, communicate their importance, and establish consequences with your teen. Make sure you have outlined the expectations you have set for safe driving. And, just as important, parents need to set the example and follow the same rules.

Car crashes are a leading cause of death for children. On average, two children under 13 were killed: 710 children (under 13) were killed in passenger vehicles in 2021, and more than 100,000 were injured. In 2021, more than a third (36%) of children (under 13) who died while riding in passenger vehicles were unrestrained.   3 Important Tips   1.     Find the right car seat (for your child, based on their age and size)   Select a car seat based on your child’s age and size, then choose a seat that fits in your vehicle, and use it every time. (Link on our website homepage to this information) Always refer to your specific car seat manufacturer’s instructions (check height and weight limits) and read the vehicle owner’s manual on how to install the car seat using the seat belt or lower anchors and a tether, if available. To maximize safety, keep your child in the car seat for as long as possible, as long as the child fits within the manufacturer’s height and weight requirements. Keep your child in the back seat at least through age 12.     2.     Install your car seat correctly.   Before you install your car seat, make sure you’re familiar with vehicle and car seat parts used in the installation process and these important installation safety tips. Every car seat needs to be installed using either the lower anchors or a seat belt to secure it in place, never both. If you choose to use a seat belt to install your car seat, pay close attention to how to  “lock” your seat belt according to the vehicle’s owner manual. With a forward-facing car seat, use a tether if one is available. Before installing your car seat make sure you understand the function and location of the vehicle and car seat parts that are used in installation.   3.     Register your car seat and sign up for recalls   Registering your seat makes sense: It gives the manufacturer the ability to contact you about recalls and safety notices. It’s also easy: Just send in the card that came with your car seat or fill out a simple form on the manufacturer’s website. Find all of this information and more at www.tobiascomerlaw.com

It's that time of year! Back to School! Get those backpacks filled with these safety tips for pedestrians. It's a two-way street, as both motorists and pedestrians need to have a heightened sense of safety now that school zones are back in action with more traffic around bus stops and school drop-offs. Make sure to talk with your kids about these safety tips and also adhere to safe driving practices.

Everything you need to know about the legal process: what should you ask your potential attorney, the statute of limitations, the different types of claims, and different types of courts (federal and state, circuit and district, trial and appellate).  

As the number of people using recreational vehicles increases, however, so does the number of accidents involving such vehicles. Many of these accidents occur due to hidden defects that make the vehicles unreasonably dangerous. In this episode of the Law 251 podcast, Desi Tobias and Dalton Orwig discuss golf cart safety and how to prevent an unforeseen manufacturing design flaw or alteration that could cause a rollover accident in lifted golf carts, plus other important safety tips.

May 20 - 26 is National Boating Safety Week – so all during the month of May we will be rolling out new videos that we just did with ALEA Marine Patrol on several important boating safety topics that we want to make sure everyone knows.  Topics covered in the videos: ·      Importance of wearing life jackets, but also making sure you have a coast guard-approved PFD.   ·      Novice boaters – Operator inexperience is one of the leading contributing factors to boating crashes in Alabama. urge everyone to take a boating course. Holidays are not the time to get out on the water as an inexperienced operator.   ·      Paddleboards and other non-motorized vessels are also subject to same PFD requirements.   ·      BUI - The sun, wind and other weather conditions already produce an effect on boaters known as “boater fatigue,” and the consumption of alcohol only compounds and intensifies the effect.   ·      You are responsible for our wake – be mindful.   Be watching for these videos on our social media platforms and help us share that information… There is also a good article on the website with all the safety tips. https://www.tobiascomerlaw.com/boating-safety-tips.html  

Check out attorney Desi Tobias with Dalton Orwig for a discussion on boating safety - what you should be doing now to get ready for the busy boating season, and safety tips when out on the water.

From an attorney who has worked many DUI accident cases, these are the Top 5 Things we want people to know.

Bryan Comer joins Dan Brennan and Dalton Orwig on FM Talk 106.5 Mobile Mornings to discuss the emotional case that ended in a $7 million jury verdict against AltaPointe Health for a November 2019 sexual assault at BayPointe Inpatient Psychiatric Hospital in Mobile, Alabama. Read more about the case here: http://bit.ly/3LbTqoi

Laissez les bon temps rouler! Let the good times roll - but be safe while doing so! Mardi Gras in Mobile is a fun time of year, but make sure to be safe as a pedestrian and spectator along the parade routes.    Top 10 Mardi Gras Safety Tips  1.  Stay aware of your surroundings and mindful of the parade route. 2.  Do not touch or grab at float riders or their throws. 3.  Keep a safe distance from the floats and parade vehicles; do not cross barricades. 4.  Follow any rules or guidelines set by the parade organizers. 5.  Limit alcohol consumption to avoid accidents and remain aware of your surroundings. 6.  Attend parades in groups with family or friends. 7.  Choose a well-lit area for night parades. 8.  Keep an eye on young children to ensure their safety. 9.  Be careful walking to and from the parades – watch for cars and golf carts. 10.  Stay alert for throws during the parades to avoid being hit by heavy or large throws that could cause injury.

Make sure to start the new year off right with a few safety tips from Tobias & Comer Law! It’s always a good idea to make sure everything is in proper and working order to make for smooth sailing through the year. Here are five of our recommended items to check off your list:  1. Check your auto insurance declarations page and make sure you have Uninsured Motorist coverage  2. Check for Product Recalls  3. Inspect your boat for safety items and do a routine maintenance check.   4. Check your vehicle for product recalls and make sure all maintenance is up to date  5. Talk with your teens about the rules of the road Link to full article with checklist items: http://bit.ly/3GYrxxw

Desi Tobias wraps up 2022 with a Year in Review of impactful cases this year, and to outline the importance of being a responsible social host this holiday season.

Very topical discussion in this episode of Law 251 about all the recent I-10 accidents and explanations regarding the levels of negligence/wantonness/intentional conduct. Bottom line: slow down in construction zones!

Novice teen drivers are twice as likely as adult drivers to be in a fatal crash. Despite a 9% decline in passenger vehicle driver fatalities of 15- to 18-year-olds between 2011 and 2020, teens are still significantly overrepresented in crashes.    For parents, this is a cause of worry and frustration when their young driver takes to the roads. Make it a priority to talk with your teens about the importance of adhering to a set of safety rules.

Make Sure Your Child is in The Right Seat. 1.  The right seat for age and size 2.  Proper Installation is key 3.  Booster Seats – don’t skip this important step 4.  Defective seats – recall information; don’t use a seat after a car wreck Attend our free Car Seat Safety Check – we are partnering with USA Health to host a car seat check on September 23. Quick, free check by certified inspectors to give parents peace of mind that their child’s seats are installed correctly. Friday, September 23, 2022 Noon – 3 pm USA Health Strada Patient Care Center 1601 Center Street, Mobile, AL