Truck accidents can lead to severe injuries and substantial medical expenses for victims. If you’ve suffered an injury in a truck accident, you will likely face many expenses while you’re recovering. This can be difficult, especially if you are missing time at work due to your injuries.
Fortunately, in Alabama, you have the right to pursue compensation from anyone whose negligence caused your accident. A Mobile truck accident lawyer can handle your case, gather evidence, and work with insurers and civil courts to help you recover your damages.
A commercial truck sits beyond the site of a car crash. Contact a truck accident attorney in Mobile to learn more about your options.
What to Do After a Truck Accident
The first thing to do after a truck crash is make sure you’re safe. Move away from the site of the accident, and call an ambulance if you’ve been hurt. The next steps that you should take are:
- Reporting the accident to the police
- Gathering any evidence you can, including writing down what happened before the crash, taking pictures of the accident, and talking to any witnesses
- Calling your insurance provider to make an accident report
- Getting in touch with a lawyer before you talk to the other driver’s insurer or any other interested parties
You should go to a doctor, even if you feel fine. You may have underlying injuries that you’re not aware of. Our personal injury attorneys have years of experience helping accident victims in Alabama, so we know what to do to make sure insurance companies don’t take advantage of you.
For a free legal consultation with a Truck Accident lawyer serving Mobile, call 800-537-8185
Can I File a Lawsuit for a Truck Accident in Alabama?
Alabama law states that if you were in an accident in which the other party was negligent, then you have the right to pursue compensation. Often, your case will settle outside of court, meaning the insurance company will negotiate for a certain settlement that you will get. If they won’t agree on a settlement, then your case will go to trial.
If you do end up going before a judge, we will represent you in court and fight for your case. Our attorneys work on a contingency-fee basis, meaning we don’t make anything unless you get financial compensation.
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What a Truck Accident Attorney in Mobile Can Do
A Mobile truck accident lawyer can investigate the circumstances leading up to your accident to support your claim of negligence. During the course of our investigation, we can also collect documentation of the value of your damages. Our investigation may involve:
- Going to the accident scene
- Interviewing witnesses
- Gathering evidence from photos, surveillance videos, etc.
- Obtaining a copy of the police accident report
- Seeking driver logs and the truck’s maintenance records
- Collecting medical records related to your injuries
- Talking to medical, vocational, and accident reconstruction experts
Keep in mind that the insurance company may also be investigating this accident. Whatever you say to them may be used to lessen the value of your claim or to avoid paying a settlement at all. Use caution when speaking to the responsible party’s insurance agents or posting on social media. In fact, it’s best if you don’t discuss your accident online at all.
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Types of Recoverable Damages in a Truck Accident Claim
Every truck accident is different. The types of damages that may be available to you depend on the severity of your injuries, the costs of treatment and medicines, and whether your treatment will be ongoing.
If you have missed time at work because of your injury, or if you will no longer be able to work, these losses may also factor into your damages. You also may be able to claim non-economic damages such as pain and suffering, disfigurement, mental anguish, and diminished enjoyment of life, where applicable.
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How Is a Truck Accident Different From a Car Accident?
When you’re on the road, there are certain laws that apply to you. These include speed limits, seatbelt laws, drunk driving laws, and even car seat laws. However, when a truck driver is on the road, they have a number of other laws and regulations that they have to follow, as outlined by the Federal Motor Carrier Safety Administration (FMCSA).
If a truck driver is in violation of certain regulations like the requirements for a commercial driver’s license, proper truck maintenance, and limited hours, then that could be grounds to sue. An experienced truck accident lawyer in Mobile will be equipped to investigate your crash and help you with your claim.
Important Alabama Laws that May Affect Your Claim
When it comes to accidents, Alabama is what’s known as an at-fault state. This means the responsible party may be held liable for your damages. Your lawyers, the insurance companies, and even the police can all play a part in determining fault.
Contributory Negligence
In order to recover compensation for injuries, you typically need to prove that the responsible party’s negligence actions injured you. However, in Alabama, you may also have to prove that you played no part at all in causing the accident.
This requirement is due to Alabama’s contributory negligence law. If you are found to be even 1% responsible for causing the accident that injured you, you may not be eligible to recover damages from the other party in your accident.
Who Is Liable in a Truck Accident
A Mobile truck accident lawyer can investigate your case to determine who is liable for your injuries. Liability is often established when someone’s negligent or reckless actions cause an accident.
Driver Liability
Either the driver of a truck, another driver, or both can be liable in a truck accident if they behaved negligently and contributed to causing a wreck. Driver negligence may include:
- Driving while intoxicated or under the influence
- Driving while fatigued
- Driving while distracted
- Not maintaining gap distance
- Conducting illegal maneuvers
- Violating a traffic law
If the driver’s actions cause an accident, their employer may be held liable, thanks to the principle of vicarious liability.
Municipality Liability
Sometimes, a road’s state of disrepair can create difficulties for a truck driver. Inadequate roadway lighting or signage can make it difficult for the truck driver to anticipate changes in the road, leading to a crash or collision.
In these accidents, a third party, like a construction company or municipality that allowed hazardous road conditions to persist, may be at-fault for the accident.
Mechanic or Vehicle Manufacturer Liability
There are many ways in which mechanical problems with the truck itself can lead to roadway collisions. Sometimes, the maintenance company with whom the carrier contracts fails to properly maintain key systems, like tires and oil. If the truck fails because of poor maintenance, such a provider may be held liable.
In other situations, a faulty or defective truck part may cause the accident. Negligent parts manufacturers, distributors, or retailers may be liable for damages arising from accidents in these situations.
Distributor Liability
Overloaded or poorly loaded cargo can also cause a truck operator to lose control of their vehicle. In these situations, a distributor who loaded the cargo improperly may be held liable for damages. For example, a Mobile moving van accident lawyer may seek compensation from the company if their cargo was loaded improperly and it contributed to the wreck.
Alabama’s Statute of Limitations on Motor Vehicle Accidents
Keep in mind that time may be limited to act. Alabama enforces a statute of limitations for filing a civil action against the at-fault party. You generally file a personal injury lawsuit within two years of your accident, per Alabama Code § 6-2-38. If you wait too long, you may risk your ability to recover any compensation from an accident.
Call Morris Bart & Associates, LLC for Help with Your Case
You do not need to take on a truck accident legal case on your own. A Mobile truck accident lawyer from the Morris Bart law firm has the experience to handle all aspects of your case when we represent you.
We’re dedicated to helping our clients recover from and move past their accidents. Contact us today for your free consultation on your case with a member of our team.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
