If you were the victim of a truck wreck in Birmingham caused by the negligence of a truck driver or trucking company, you might be able to pursue compensation. You can file a civil suit or an insurance claim to seek damages to cover the cost of your lost wages, medical care, and other losses.
The Birmingham truck accident attorneys at Morris Bart & Associates, LLC can help you understand your rights and determine the strength of your case. If we believe you have a viable case, we can represent you on a contingency fee basis with no up-front cost.
Determining Liability in a Birmingham Truck Accident
Under Alabama trucking case law, your case may go against a negligent truck driver’s employer if they caused your accident while on the job. In legal terminology, this doctrine is sometimes referred to as respondeat superior, or vicarious liability.
A Birmingham truck accident attorney can help you understand if vicarious liability applies to your specific case. If it does, the liable party in your case could be:
- A small company
- A corporation
- A local municipality or state government
- A private truck driver
If a mechanical failure caused your truck accident, a negligent truck mechanic or truck component manufacturer could be found liable for your injuries. In multi-vehicle accidents or complex cases, multiple parties can share liability.
For a free legal consultation with a Truck Accident lawyer serving Birmingham, call 800-537-8185
Truck Accident Causes Related to Driver Error
Every accident is unique, and it can be challenging to know exactly what happened to cause any given collision. In many cases, multiple factors come into play and combine to create a hazardous situation.
Some of the more common causes of truck accidents that we’ve seen in Birmingham are related to irresponsible actions on the part of the driver. Many of these collisions could have been avoided, including those that involve:
- Drug or alcohol impairment: The legal blood alcohol concentration for most drivers in Alabama is 0.08%, but the state holds commercial truck drivers to a higher standard of only 0.04%. Alcohol or drugs in a person’s system impair their ability to drive safely by negatively affecting their reflexes, vision, and judgment.
- Excessive speed: Posted speed limits are established to keep everyone on the road safe. When a commercial truck driver ignores these limits in a rush to reach their destination, they may have difficulty stopping or keeping their vehicle under control.
- Other traffic law violations: In addition to speeding, many different traffic law violations can contribute to an accident. For example, the driver may ignore traffic signs, drive the wrong way on a one-way street, or fail to yield the right of way to another driver.
- Extreme weather: Dense fog, strong winds, and rain, especially during hurricane season, pose challenges to truck drivers in Alabama. A driver that does not adjust their speed and following distance to account for inclement weather can cause a dangerous accident.
- Driver fatigue: Trucking companies usually set strict limits on how many hours their drivers work in a week or how long they can be on the road without a break. However, drivers may ignore these rules to try and log more miles. Weary drivers that fall asleep endanger both themselves and everyone else around them.
- Distracted driving: Truck drivers may take their attention off the road to look at their logbooks, radios, or cell phones. Distracted driving is dangerous for any driver, but especially those trying to navigate with a heavy load.
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Other Causes of Commercial Truck Crashes in Birmingham
Not every truck accident is the result of driver error. Other parties may have been liable for your accident if it was caused by:
- Poorly maintained roads: Liability may rest with the government department responsible for maintaining safe conditions on the road. Potholes or design defects are just two examples of conditions that can lead to an unsafe driving situation.
- Defective automotive parts: A malfunctioning part that is installed in the truck could lead to an accident. In these cases, the manufacturer of the faulty component could be held liable for the defect, and the trucking company could also be responsible for overlooking the warning signs.
- Improperly maintained equipment: Liability may lie with multiple parties if the vehicles are on the road without proper maintenance. The trucking company has a duty to regularly service and inspect their vehicles to check for worn parts or other defects. However, the driver should also make sure the truck is road-ready before getting behind the wheel.
- Unsecured cargo: Whoever loads the cargo onto a semi-truck or trailer is responsible for ensuring it will not move, shift, or fall out of the truck during the drive. Loose cargo can cause an imbalance that leads to a rollover, and items falling out of the truck pose a danger to the vehicles traveling behind it.
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The Path to Compensation in a Truck Accident Claim
Once we determine who is liable, our team can secure the evidence to support your claim. Next, we will attempt to negotiate a settlement with the insurer based on your documented damages. If the insurance company refuses to negotiate in good faith, we may recommend filing a personal injury lawsuit.
While many cases can be settled out of court, sometimes filing a civil suit and taking the case to trial is the best option for our clients. We will represent you throughout this process and ensure you know what to expect through each step.
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Injuries in a Birmingham Truck Accident Case
Truck accidents can cause severe injuries to occupants of passenger cars and nearby pedestrians. Some of the most common types of commercial truck accident injuries our truck accident attorneys in Birmingham encounter include:
- Traumatic brain injuries
- Spinal cord injuries
- Neck or back injuries
- Broken bones
- Internal injuries
- Burns and scarring
- Soft tissue injuries
How to Prove Damages in an Alabama Truck Accident Claim
A Birmingham truck accident attorney will need to document your injuries as well as your economic and non-economic losses as a part of building a case against the liable party. The evidence necessary to support your claim may include:
- Your relevant medical records
- Medical expert testimony
- Your medical bills and related costs
- Documentation about your time away from work and missed pay
- Receipts for out-of-pocket costs
- Repair or replacement estimates for your vehicle
- Other documentation of your expenses or losses
With this evidence, we can prove what a fair settlement would look like in your case or present an argument for a just award in court.
Types of Compensation You Can Get After a Truck Accident
There are several damages for which you can pursue compensation. If our Birmingham truck accident lawyers obtain a ruling in your favor in court, it may include an award for:
- Current and future medical treatment
- Ongoing and prospective care costs
- Current and future lost wages and benefits
- Diminished earning capacity
- Repair or replacement of your vehicle
- Pain and suffering
- Wrongful death damages
The Statute of Limitations in Alabama
The statute of limitations on truck accident cases is two years, according to Alabama Code § 6-2-38. That includes claims that hinge on vicarious liability. If the liable party in your case is a local government, there may be additional legal deadlines that require you to file sooner.
If you miss these deadlines and do not take legal action in your truck accident injury case before time runs out, you may lose the right to hold the trucking company responsible in court.
Why Should I Get a Lawyer for a Truck Accident?
Personal injury cases, like truck accidents, can be complex and difficult to navigate without legal representation. Therefore, it is often helpful to have a legal team guide you to your best options after you suffer from a trailer truck collision.
Those who retain the services of a reputable lawyer often receive more compensation than those who go it alone. Our truck accident lawyers in Birmingham at Morris Bart & Associates understand how to make the most of your settlement.
Consult Free with a Birmingham Truck Accident Lawyer
Contact an Alabama truck accident lawyer if you were in an accident in Birmingham or the surrounding areas. The Morris Bart law firm consists of more than 100 personal injury attorneys operating out of 16 offices throughout the Gulf South, and we’re available to help.
Getting a consultation is free, and there is no obligation. We are here to answer your questions and tell you more about your options.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
