If you suffered injuries in an Athens, Alabama, crash caused by a commercial driver, you might be able to prove fault and liability in order to recover compensation. The Morris Bart law office in Huntsville represents clients in Athens and elsewhere in Limestone County. We may be able to help you get the money you need to pay for medical treatment and other expenses.
Our firm’s Athens truck accident attorneys review these cases for free. We assess the victims’ injuries and legal options, explaining how we can help in a language they understand.
Recovering Compensation in Truck Accidents
In general, there are two ways that a truck accident victim can hold the driver and other liable parties responsible for their injuries and related expenses:
- Filing an insurance claim based on a liability policy
- Suing the responsible parties in civil court
Whether a careless or reckless driver hit you on I-65, I-565, U.S. 31, U.S. 72, or Alabama 53, we may be able to help. We know how to prove what caused these types of accidents, uncover and document damages, and fight for the compensation our clients need and deserve. The recoverable damages in a truck accident could include:
- Medical care, current, and future
- Additional expenses related to diagnosis, treatment, and support of injuries
- Lost wages, benefits, and other income if you missed work
- Diminished earning ability if you cannot return to your career
- Property damages
- Pain and suffering
- Other non-economic losses
Damages Are Different in Alabama Wrongful Death Claims
If your family member died from their accident injuries, surviving loved ones may be able to take action to hold the truck driver and their employer accountable. However, Ala. Code § 6-5-410 does not allow you to recover economic damages or emotional losses for the survivors like most other states.
Instead of covering lost income, funeral costs, and mental anguish, Alabama wrongful death damages are all punitive in nature. Punitive damages penalize the liable party, charging them a fee as a punishment and deterrent. The jury determines the compensation awarded at these civil trials.
For a free legal consultation with a Truck Accident lawyer serving Athens, call (256) 666-3010
Our Truck Accident Attorneys Know How to Navigate the Claims Process
The Morris Bart law firm has spent more than 40 years working to help clients recover the money they need to pay for their care and other damages after a collision. We won over 6,500 payouts in 2019 alone, including numerous cases against trucking companies and other large corporations.
We do not charge anything upfront. We never ask for a retainer from our clients. Instead, we are open and honest about how our contingency fee process works. We provide the money to investigate, file, and manage your case. Once we reach a settlement or receive a court award, we get a percentage of this money. If we do not win, our attorneys recover no fees.
We Represent Truck Accident Victims Across Alabama
The areas we serve include all areas of Alabama, Arkansas, Louisiana, and Mississippi. We have 15 locations in all, including four in Alabama. We serve Athens and Limestone County from our Huntsville office. We will come to you, discuss your case on the phone, or use video conferencing. However, you can also find our nearest location at:
600 Boulevard South-Southwest, Suite 104
Huntsville, AL 35802
We have someone available to make an appointment for a free consultation 24/7.
Building a Case Against the Trucking Company After an Accident
Most commercial vehicle accident claims pit the victim against a trucking company or another large corporation. This is because of the doctrine of respondeat superior. Under this doctrine, employers are legally responsible for the bad behavior of their employees under certain circumstances, including most truck accidents.
Trucking companies are vicariously liable for accidents that occur because of their drivers’ negligence under St. Louis-San Francisco Ry. Co. v. Robbins. This 1929 Alabama Supreme Court opinion states: “a master is responsible for the acts of his servant or agent done within the scope of his employment.”
As such, we develop a case against the trucking company and file our client’s claim based on their corporate liability policy. This requires us to show:
- The truck driver had a responsibility to follow the law and drive in a way that protected our client from accident injuries
- The trucker failed to uphold their responsibility
- The driver’s failure caused the collision
- The driver was acting on behalf of the trucking company when this occurred
- Our client suffered financial, physical, and emotional harm because of the crash
With solid evidence to prove these factors and document our client’s damages, we can often settle these claims outside of court and avoid trial. However, trucking companies and their insurers can make this more difficult by:
- Attempting to downplay the severity of the crash
- Claiming our client’s injuries occurred due to other circumstances
- Denying responsibility for the crash
- Alleging that our client contributed to the accident
Accusations of shared fault are particularly damaging in Alabama because it is one of only four states with pure contributory negligence. Per the Alabama Supreme Court decision in Golden v. McCurry (1980), accident victims cannot recover compensation in their case if they contributed to the crash in any way. This means that if a jury says our client caused even one percent of an accident, they are barred from financial recovery.
We can help you avoid this situation or fight these accusations. We encourage truck accident victims to reach out to us as soon as their injuries allow. This is important because most people have only two years to sue under Ala. Code § 6-2-38. You could have significantly less time to act in certain circumstances.
Learn More about Your Legal Options By Contacting a Truck Accident Lawyer Today
The Morris Bart law firm provides free consultations and case evaluations for injured victims. When you reach out to us, our Athens truck accident attorneys will discuss your accident, injuries, rights, and legal options for pursuing compensation. We want to help you get justice.
Call (256) 666-3010 now to speak with a lawyer in our Huntsville office.
Questions?Call (256) 666-3010
to find a Morris Bart office near you.