You could get justice in your Mobile County tractor-trailer collision case by holding the responsible parties accountable. It might be possible to recover compensation for your injuries, bills, lost income, and more.
A Mobile, AL, 18-wheeler truck accident lawyer from the Morris Bart law firm will discuss your case with you, helping you understand your legal options and how these cases work. Our Mobile personal injury law firm represents victims of commercial vehicle collisions on contingency, meaning you don’t pay attorney’s fees if you don’t recover compensation.
Understanding Fault and Liability in Your Truck Collision Case
Winning compensation for our client in any traffic accident case requires us to prove negligence. Therefore, we must have evidence to show:
- The at-fault driver had an obligation to take a specific action
- They did not do so
- This failure led to a crash
- Our client suffered physical, emotional, and financial harm
For example, imagine a truck driver approaching a stop sign. Legally, drivers have a responsibility to stop at intersections with traffic signals or signs. When they do not, they might cause a collision. These circumstances would likely support an insurance claim or lawsuit.
Proving Liability in a Commercial Vehicle Accident Case
Liability works somewhat differently in a commercial vehicle crash case than in typical passenger car accidents. We can often hold the truck driver’s employer vicariously liable for their negligent actions behind the wheel.
The Alabama Supreme Court affirmed vicarious liability as case law as early as 1929, in St. Louis-San Francisco Ry. Co. v. Robbins. Thus, using the legal doctrine of respondeat superior, we can build a case against a truck driver’s employer as long as we can prove the driver was acting “within the scope” of their job description.
In most 18-wheeler truck accident cases, we file our claim or lawsuit against the trucking company or another corporation that employs the at-fault driver. The doctrine of vicarious liability makes the company, not the individual driver, the primarily liable party in these cases.
Suing the Trucking Company
We often negotiate out-of-court settlements to end truck collision cases. As a result, we rarely need to file a lawsuit in a Mobile County civil court. The reasons why we may need to sue include:
- The insurer will not agree to a fair settlement
- They deny responsibility or argue facts of the case
- The deadline to sue is approaching
In Alabama, victims generally have up to two years to sue under Ala. Code § 6-2-38. However, exceptions could mean you have even less time to begin this process.
For a free legal consultation with a 18-Wheeler Accident lawyer serving Mobile, call (251) 298-8380
What Types of Damages Are Available in a Mobile Truck Accident Claim?
The recoverable damages in a truck collision case depend on the victim’s losses. While many people incur the same types of harm in a crash, the value can vary widely. Many factors affect the worth of a claim, but the severity of injuries is incredibly impactful.
Economic Damages
Economic damages are the expenses and losses that have an objective monetary value. They include the costs you incurred, your future expenses, and any income losses. Common examples include:
- Medical care, current and future
- Lost income and benefits
- Reduced earning capacity because of lasting injuries
- Vehicle repair or replacement
Non-Economic Damages
Noneconomic damages do not have a tangible value, but accident victims should still receive compensation for them. Examples include:
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Loss of enjoyment of life
- Disability or disfigurement
Our team knows how to value these losses and negotiate a fair settlement that includes them. We will not allow the insurer to undervalue our client’s claim, nor will we allow any truck crash victim we represent to accept less than a just payout.
Punitive Damages
Punitive damages may be available in some cases. In fact, under Ala. Code § 6-5-410, punitive damages are the only type available in a wrongful death claim. The state bars family members from recovering compensatory damages if their loved one died from injuries sustained in a traffic accident.
We can explain this quirk in the law and how it could affect your chances at financial compensation if your loved one died from truck accident injuries.
Morris Bart & Associates, LLC Represents Truck Crash Victims in South Alabama
The Morris Bart law firm has 15 locations and serves all areas of Alabama, Arkansas, Louisiana, and Mississippi. We helped more than 6,500 accident victims receive compensation in 2019, representing them through the claims process or civil trial. Many of our clients receive negotiated settlements, but our trial attorneys are not afraid to sue when necessary.
Some recent truck accident case results include:
- $490,000 for a victim in Hattiesburg, MS, with neck and back injuries
- $337,500 for a client who suffered two concussions, a broken neck, and a fractured vertebra in a Texarkana, AR, crash
We act on behalf of our clients, protecting their rights and seeking justice for them throughout the claims process and beyond by:
- Managing all communication with the potentially liable parties and their insurers
- Investigating the crash case and gathering support for their claim
- Identifying at-fault and liable parties
- Calculating a fair compensation range and documenting their losses
- Filing the claim and negotiating with the insurer, as necessary
- Preparing all paperwork and meeting all applicable deadlines
- Representing them at trial, if needed
Click to contact our Mobile Truck Accident Lawyers today
Reach Out to Morris Bart & Associates, LLC for a Free Case Review Today
At the Morris Bart law office in Mobile, our team offers free consultations for 18-wheeler truck accident victims. We can help you understand your right to pursue damages and hold the liable parties accountable. Our team also answers questions and discusses how our services can help your case.
Call (251) 298-8380 today to speak with a team member.
Questions?Call (251) 298-8380
to find a Morris Bart office near you.
