A Madison truck accident attorney from the Morris Bart law firm may be able to develop a claim and recover compensation for you following an accident with a large truck. We represent injured victims, holding truck drivers and their employers liable for our client’s injuries. As a result, we may be able to manage your case.
We provide free initial consultations for truck accident victims in Madison, Alabama. We want to learn more about your accident and injuries. Therefore, you can discuss your claim with a lawyer during a free consultation today.
Types of Damages Available for Injured Victims of Truck Accidents
If you are hurt in a crash caused by a truck driver or another issue with an 18-wheeler, your injuries may be significant. It is not uncommon for victims to sustain life-changing injuries in these types of accidents. This could include:
- Traumatic brain injuries, concussions, and other head injuries
- Spinal cord injuries and paralysis
- Additional back and neck injuries
- Internal injuries
- Loss of a limb or loss of the use of a limb
- Soft tissue and joint injuries
In addition to medical care and treatment for these injuries, you may miss work while you recover. You will also need to repair or replace your vehicle. These are the current economic damages you can include in your claim.
There are also potential future damages. You may have ongoing or upcoming medical treatment if you have lasting injuries. Diminished earning capacity is recoverable if you cannot return to your previous work.
Lastly, we seek non-economic damages for our clients. These include pain and suffering, mental anguish, reduced quality of life, and more. We know how to value these intangible losses.
Wrongful Death Lawsuits in Alabama
Punitive damages are seldom available in an Alabama traffic accident, with one exception: wrongful death claims. Per Ala. Code § 6-5-410, families cannot recover compensatory damages based on their loved one’s death in Alabama. Instead, only punitive damages are available. The jury determines if these damages are warranted and the case’s value at trial.
For a free legal consultation with a Truck Accident lawyer serving Madison, call (256) 666-3010
Our Truck Accident Lawyers Work on a Contingency Fee Basis
The Morris Bart law firm has helped thousands of clients get justice in car accident cases over the last 40+ years. We recovered payouts for more than 6,500 clients in 2019 alone. Our trial lawyers fight for the compensation our clients need and deserve based on the injuries and damages they experienced because of someone else’s negligence.
The areas we serve include all of Alabama, Arkansas, Mississippi, and Louisiana. We have 15 offices across the Gulf South. We work with Madison County clients from our Huntsville location:
Morris Bart & Associates, LLC
600 Boulevard South-Southwest, Suite 104
Huntsville, AL 35802
Our attorneys only get paid if our clients receive compensation in their case. We work on a contingency fee, earning a percentage of the settlement or verdict recovered. We never charge our clients upfront or any hourly fees.
Steps We Take to Prove Liability in Truck Accident Cases
When we pursue damages for a client, we begin by investigating the collision. We gather evidence, interview witnesses, work with experts, and take other steps to learn:
- What happened
- Who caused the crash
- Who the liable parties are
- The damages our client suffered
- The value range of an appropriate settlement
Once we have the necessary information and evidence, we file our claim and demand fair compensation from the insurer representing the liable party.
Understanding the Liability Complexities
Under Alabama case law from the Supreme Court of Alabama, the truck driver’s employer is generally vicariously liable for an accident their truck driver caused. This comes from a legal doctrine known as respondeat superior.
In the 1929 decision St. Louis-San Francisco Ry. Co. v. Robbins, the Alabama Supreme Court ruled, “a master is responsible for the acts of his servant or agent done within the scope of his employment.”
Based on this, we can usually pursue compensation from the trucking company instead of the individual truck driver. In addition, trucking companies have sizeable corporate liability policies that may provide better coverage for severe injuries.
What If the Trucker Claims I Share Fault in the Crash?
If the trucker, insurance company, or another party accuses you of playing a role in causing the accident, you must take it seriously. When this happens with our clients, we need to counter this claim. This is because Alabama is one of four states that follows a pure contributory negligence rule.
According to the Alabama Supreme Court ruling in Golden v. McCurry (1980), a driver cannot recover compensation in a traffic accident if they contributed to causing the crash in any way, even one percent. Therefore, we must show our client did not act negligently to recover compensation for them.
When Is It Necessary to File a Truck Accident Lawsuit?
Most truck accident cases do not go to trial. In many circumstances, we do not even need to sue in these cases. The only times we consider taking a case in front of a jury is when:
- The liable parties will not accept responsibility for the accident
- There are questions of fact in the case, such as allegations of shared fault
- The insurer will not agree to an appropriate settlement
We may need to sue if the time to do so is running out. Under Ala. Code § 6-2-38, we usually only have up to two years to sue in Alabama. There may be less time for some victims based on the specific details of the case.
Speak to a Lawyer about Your Truck Accident Case for Free Today
You can speak with a truck accident attorney from the Morris Bart law firm about your injuries today at no cost to you. Our lawyers provide consultations so we can discuss your accident and the legal options available to you.
Call (256) 666-3010 for your free consultation with our Huntsville office today.
Questions?Call (256) 666-3010
to find a Morris Bart office near you.