If a truck driver made a careless or reckless mistake behind the wheel and caused your Lee County, Alabama, collision and injuries, you have rights. You may be able to file an insurance claim or traffic accident lawsuit to hold the driver and trucking company legally responsible and recover compensation. An Auburn truck accident attorney from the Morris Bart law firm may be able to help.
Our firm provides free case consultations for accident victims in Auburn and other nearby areas. Our attorneys will discuss your case with you for free, evaluating your options and explaining how we can help.
Recovering Damages Based on an Auburn Truck Accident
Auburn truck accident victims are generally the occupants of other vehicles involved in the collision and hit by the truck, trailer, or lost cargo. Trucks are so much larger and heavier than most other vehicles, so these accidents often cause serious injuries, such as:
- Traumatic brain injuries and other head injuries
- Neck, back, and spinal cord injuries
- Internal injuries
- Burns and scarring
The cost of suffering this type of serious injury is much more than medical bills show. We help our clients identify, document, and value these costs and losses, and seek compensation based on them. This could include:
- Medical bills and future related expenses
- Lost wages and other income
- Diminished earning capacity
- Property damages and car repairs
- Pain and suffering
- Additional non-economic losses
Auburn Wrongful Death Damages
Because truck accident injuries are so commonly serious, fatal accidents do occur. When this occurs in Alabama, the state’s wrongful death law, Ala. Code § 6-5-410, applies. Families may be able to recover punitive damages based on the loss of their loved ones.
This law only allows for the recovery of punitive damages, no expenses or losses experienced by the surviving family members. At the same time, only the personal representative of the deceased can take this type of legal action. This is very likely the executor of their will or another party named by the probate court.
The proceeds of this type of case go to the heirs, distributed as described in their estate plan or last will and testament.
For a free legal consultation with a Truck Accident lawyer serving Auburn, call 800-537-8185
Morris Bart & Associates, LLC Has Six Offices in Alabama
The Morris Bart law firm has 40+ years of experience developing personal injury claims and fighting to protect our clients’ rights. We understand the claims process well and know how Alabama law affects your payout based on the circumstances of your accident claim. Our recent case results include 6,500 wins in 2019, including many significant commercial vehicle accident settlements and verdicts.
The areas we serve include all four states of the Gulf South. While our main office is in New Orleans, LA, we provide services across the state of Alabama. We have six locations in Alabama, including an office in Montgomery. An attorney from this office generally handles any personal injury cases in Auburn or elsewhere in Lee County.
Our Alabama truck accident lawyers work based on a contingent fee. We do not ask clients to pay any type of retainer. There are no hourly charges for the work we do. Instead, our attorney’s fees are a portion of the money damages we recover for the client.
Who Is Liable for My Auburn Truck Collision Damages?
Alabama has fault-based traffic accident laws. This means you can hold a driver legally responsible for your damages if you can prove they caused the crash and your injuries. This applies in truck accidents, as well. If the trucker made a mistake behind the wheel and you can show their negligence caused the crash, they may be liable for your expenses and losses.
However, in a commercial vehicle accident case, this is not the end of the story. The trucking company or another employer of the at-fault driver is likely also legally responsible. Under case law—St. Louis-San Francisco Ry. Co. v. Robbins—employers are vicariously liable for their workers’ actions. This 1929 Alabama Supreme Court decision states that “a master is responsible for the acts of his servant or agent done within the scope of his employment.”
This means that we often file our clients’ insurance claims based on a trucking company’s corporate liability insurance policy or sue a large corporation and face them in court. We are used to facing these companies at the negotiation table or at trial and will not back down simply because they have a team of corporate attorneys. We will fight for our client’s right to a fair recovery regardless of who the liable party is.
Are There Deadlines for Filing a Truck Accident Lawsuit in Auburn?
We encourage you to connect with our team as soon as possible after your injuries are stable. If a loved one suffered injuries that require long-term ongoing treatment and rehabilitation, you can reach out to our attorneys on their behalf. We need to act quickly though, because the trucking company has so much of the evidence to support your claim or lawsuit in their possession. We need to protect and preserve it before it is lost or disappears.
There is also a deadline for suing the liable parties in these cases. Under the state’s statute of limitations, Ala. Code § 6-2-38, you likely only have two years to get started. Missing this deadline will probably prevent you from recovering compensation, so it is vital that you ensure you have plenty of time to take the necessary steps before this deadline expires.
Speak to a Truck Accident Lawyer from Morris Bart & Associates, LLC
Attorneys at the Morris Bart law firm provide free consultations for victims of truck accidents in Auburn, greater Lee County, and other areas of the state. We can evaluate your legal rights and the options you have to recover compensation from the truck driver and trucking company. You do not have to try to file your claim and manage this process on your own. We are here for you.
Connect with a lawyer from our Montgomery office for free today.
to find a Morris Bart office near you.