Alabama truck accidents that involve tractor-trailers, delivery trucks and other commercial-type vehicles can result in serious injuries. In some cases, even death. Alabama law allows injured individuals to seek compensation for damages and claim for compensation if they or a loved one have been in a truck accident.
You must prove that the responsible party was at-fault or negligent in order to file a successful Alabama truck crash claim. This proof must be established by three elements.
Duty
First, you must prove negligence by proving that the truck driver owed a duty to care. Truck drivers are bound by a fiduciary duty of reasonable care to avoid accidents.
Breach
Negligence is defined as the failure to follow the standard of care by the truck driver at fault. They are therefore guilty of violating their duty of care.
Causation
The truck accident petitioner must prove that the truck driver breached their duty of care.
If you don’t have the right guidance, it can be difficult to prove negligence in Alabama. If you want to get full compensation for your losses, it is important to identify the at-fault party. Mobile experienced truck accident lawyers can help you prove and pursue your claim for truck accident damages. To determine if you are liable, the process starts with an extensive investigation of your case.
Mobile, AL: Common Types of Truck Unintentional Deaths
There were 85779 accidents involving trucks, in Alabama in 2020. This was associated with 130 deaths. These are the most common types of Alabama trucking accident:
- Rear-end truck accidents – This refers to a truck striking another vehicle’s back.
- A rollover truck crash –A tractor-trailer that is improperly loaded or speeding can cause it to roll over. This could lead to a serious multi-car or truck accident. A truck’s center of gravity is higher, so it is more likely that it will roll over if it travels in windy conditions, or turns too fast.
- A head on accident – This is often the most serious type of accident.
- A jackknife incident is when the trailer being pulled by a semi truck pushes the tow vehicle sideways. The jackknife is when the trailer and cab create a V-shape.
- T-bone truck accidents – An accident in which one vehicle or truck crashes directly into another. This can often cause serious injuries.
Factors that Lead to Truck Accidents
Truck accidents can take many forms. These are the most common reasons for truck accidents:
- Truck drivers driving too fast or exceeding the speed limit for driving conditions
- Improper lane changes or passing
- Truck drivers who are inexperienced or not properly trained
- Inadequate backing or turning
- Aggressive driving
- Refusing to yield to a sign, signal, or right-of-way sign
- Vehicle, object, or person not seen
-
Truck drivers distracted
- Texting
- Food
- Cellphone Use, etc.
- Tired and fatigued truck drivers – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration is charged with regulating the time that drivers (known as hour of service) can be behind the wheel. The length of time the commercial driver can drive depends on whether they are transporting people or property.
- Alabama law ( Code of Alabama Section 32-5A-191), considers a truck driver legally impaired if their blood alcohol concentration (BAC) is greater than.04. This is half of the legal limit for all drivers.
What legal issues are most common in truck accident claims?
Alabama has several laws that govern commercial trucking accidents. The Alabama Department of Transportation is ALDOT the agency responsible for the state.
Two federal agencies are charged with investigating and regulating truck accidents.
- The U.S. Department of Transportation, (DOT)
- The U.S. Motor Carrier Safety Administration, (FMCSA).
Title 49 in the Code of Federal Regulations addresses a variety of legal issues.
- Truck drivers must have a Commercial Driver’s License.
- Truckers are not allowed to work more than they have to
- Truck weight limits
- Requirements for rest periods
- Require all responsible parties to properly maintain their tractor-trailers and trucks
- Regular truck inspections are mandatory
- Keep accurate records of repairs and inspections
Victims may be entitled to a lawsuit in Alabama for truck accidents if a trucker, or their employer, violates federal statutes (including Title 49), or regulations established by the Alabama Department of Transportation.
How important it is to consult an attorney soon after being in a truck accident?
The tractor trailers can be dangerous motor vehicles. They can be up to 20 times heavier than a typical passenger car. This often leads to serious injuries and catastrophic consequences.
It is important to contact an accident lawyer immediately if you have been in an accident involving a truck or commercial vehicle within the Mobile, AL region. Your delay will allow the trucking company or insurance company to get a head start on investigating the accident scene.
If you want to be compensated for damages caused by a trucking accident or other commercial vehicle accident, it is important that you have a lawyer representing you.
What can an Accident Lawyer do for you?
Mobile’s most experienced accident lawyers, AL and the surrounding areas will handle your truck accident immediately. They are able to help you navigate what can be confusing and complex claims processes in Alabama.
You could be limiting your chances of receiving compensation for the damages you sustained in the accident without an attorney representing your interests and actively investigating the matter on your behalf. Contact us today to discuss your case and find out about your legal options.
The post A Mobile, AL Truck Accident Lawsuit was first published on Attorney At Law Magazine.