If you were the victim of a tractor-trailer truck accident in Montgomery, Alabama, you may be able to recover compensation. A lawyer may be able to help you identify the liable party, collect evidence to support your case, and negotiate a settlement or take your case to trial.
Experienced Montgomery truck accident attorneys can help you understand your rights, options, and the next steps you should take. We know you are going through an extremely difficult time, whether you or a loved one was the victim. We are here to help.
Building a Case Against the Liable Party After a Montgomery Truck Accident
In commercial vehicle accident cases, the driver’s employer is generally vicariously liable under the legal doctrine of respondeat superior. This means our lawyers pursue cases against the truck company or another corporation on behalf of our clients.
A personal injury lawyer can represent you when dealing with the insurance company, the liable party or parties, and possibly the court if your case goes to trial.
For a free legal consultation with a Truck Accident lawyer serving Montgomery, call 800-537-8185
How a Personal Injury Lawyer Can Help
Montgomery big rig accident attorneys will go to work quickly, taking steps to build a case and document your damages. These steps may include:
- Sending a spoliation letter to protect the evidence held by the trucking company
- Obtaining copies of the traffic report and other documents from police
- Interviewing eyewitnesses to the accident
- Obtaining and analyzing any video of the accident from nearby businesses, traffic cameras, or dashcams
- Identifying and gathering physical evidence
- Hiring accident reconstruction experts
- Calling in other experts to help prove your case
- Requesting all relevant medical records
- Collecting documents to prove your accident-related expenses and losses
When there is enough evidence to support your claim, your lawyer can file an insurance claim and attempt to negotiate a fair settlement with the insurer and trucking company. If this is not successful, your case will go to trial.
Call a Montgomery Truck Accident Lawyer Before Time Runs Out
According to Alabama Code §6-2-38, the statute of limitations for personal injury lawsuits is two years. This means truck accident victims generally only have 24 months to understand the range of their losses, build a compelling case, try to reach a just settlement, and file a lawsuit.
If you do not take legal action in your case before time runs out, Alabama law will likely prevent you from going to court and pursuing damages. Accident victims should reach out to a personal injury lawyer as soon as possible after their injuries stabilize.
Click to contact our Montgomery Personal Injury Attorney today
Recoverable Damages in a Montgomery Truck Accident Case
If a Montgomery truck accident attorney is able to reach a settlement agreement or recover a court award in your case, the compensation you receive will include damages such as:
- Current and future medical care related to your accident injuries
- Ongoing care costs as needed because of the accident
- Current and future lost wages
- Diminished earning capacity
- Repair or replacement costs related to your vehicle damage
- Property damages in addition to your vehicle
- Other noneconomic damages
- Wrongful death damages for family members of victims who passed away as a result of their accident injuries
Pain and Suffering Damages in Truck Accidents
In addition to the financial losses you have likely faced, you can also be compensated for non-economic damages of mental and physical distress known as pain and suffering. Some types of pain and suffering in truck accidents may include:
- Injuries that are painful to treat: For example, the treatment for severe burn injuries can be excruciating.
- Injuries that result in chronic pain: This can include brain or spinal injuries that leave a victim with nonstop head or back pain
- Emotional pain after suffering an injury: A permanent, debilitating injury that prevents the victim from participating in active hobbies can cause emotional suffering.
- Emotional pain caused by changes to your relationships: After suffering an injury, your relationships may change if your loved one becomes your caretaker.
No person experiences pain in the same way as another, making figuring out how much insurance companies will pay for pain and suffering damages difficult to calculate and prove. Factors such as the severity of the injury, the victim’s age, and the degree of suffering help in assessing the magnitude of pain and suffering.
Montgomery Serves as a Busy Hub for Two Major Interstates
Montgomery has two major interstates and several U.S. and state highways, all of which support heavy commercial traffic. These roadways allow freight to move in and out of Montgomery, as well as through the city on its way to other destinations. However, they also see plenty of commercial vehicle accidents. Commercial vehicles can include:
- 18-wheelers
- Tractor-trailer trucks
- Dump trucks
- Garbage trucks
- Delivery trucks
- Box trucks
- Light trucks
- Landscaping trucks
- Work vans
Why Truck Accidents Are Complex
Truck accidents and other commercial vehicle accidents often lead to complicated legal cases for several reasons. For example, you may need to call a Montgomery bus accident lawyer if you are in an accident with a city-owned bus like a transit or school bus, because different laws will apply. Some other reasons these cases can get complicated fast include:
- Commercial vehicles are very often much larger and heavier than the passenger vehicles they hit.
- The injuries are often serious.
- There are strict laws governing the operation of tractor-trailers and delivery trucks.
- Vicarious liability laws make identifying the liable party more complex.
- The liable party often holds key evidence for proving negligence and fault.
Your Montgomery truck accident lawyer will know how to overcome each of these obstacles and build a compelling case for you.
Truck Accident Contributory Negligence in Alabama
If you are at fault for any portion of the collision, Alabama law may bar you from recovering compensation. According to the state’s contributory negligence doctrine, individuals are prohibited from recovery from their personal injury claim if they are even 1% at fault for their accident.
Speak to a Member of Our Montgomery Truck Accident Team About Your Case
The Morris Bart law firm represents truck accident victims in Montgomery, greater Montgomery County, Alabama, and across the Gulf South. If you were the victim of a truck accident and want to learn more about your right to pursue compensation, contact our team for a free consultation.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
