When commercial truck drivers and trucking companies make mistakes in Alabama, serious collisions can happen. Depending on the collision circumstances, victims may suffer debilitating injuries, some of which are permanent.
If you suffered injuries in a recent truck crash, a knowledgeable Alabama truck accident lawyer can advocate for you during every stage of the case, negotiate with insurance company representatives, or pursue compensation through the court system.
Injured In A Truck Accident?
Common Causes of Alabama Truck Collisions
Alabama sees a significant number of truck accidents every year. One of the primary reasons for these accidents is truck driver negligence. This can include a variety of behaviors and mistakes.
- First, driver fatigue is a major issue. Truck drivers often work long hours and may not get enough rest. Tired drivers are also more likely to make errors, such as drifting into another travel lane or failing to stop in time. Federal regulations limit how many hours a trucker can drive without a break, but some drivers ignore these rules to meet tight deadlines.
- Speeding is another problem among truck drivers. Large trucks need more time and distance to stop than smaller vehicles. When truck drivers exceed speed limits, they reduce their ability to react to sudden changes on the road, like a car braking quickly or debris.
- Distracted driving also plays a major role in trucking accidents. Truck drivers may use their phones, eat, or adjust the radio while driving. These distractions take their attention away from the road, increasing the risk of a collision.
- Impaired driving is another common cause of Alabama truck crashes. Some truck drivers use alcohol or drugs, including prescription medications, that can affect their ability to drive safely. Even over-the-counter drugs can alter a truck driver’s judgment and reaction times.
- Trucking companies can also be negligent in accidents. They may pressure drivers to ignore safety regulations so that they can deliver cargo faster. Companies sometimes also fail to maintain their trucks safely. Regular inspections and maintenance are crucial for ensuring that brakes, tires, and other parts are in good working order at all times.
- Overloading trucks is another serious issue since overloaded trucks are harder to control and more likely to cause accidents. Trucking companies may also cut corners on driver training, and inexperienced drivers are more likely to make mistakes that lead to accidents.
- Inadequate hiring practices can contribute to the problem as well. Some companies hire drivers without thoroughly checking their backgrounds or ensuring that they have the necessary skills and qualifications.
A knowledgeable truck accident lawyer in Alabama will thoroughly investigate your accident circumstances and file a claim with the appropriate insurance company on your behalf.
Important Steps to Take after an Alabama Truck Accident
After leaving the scene of a truck accident in Alabama and seeking initial medical treatment, there are several important steps you should take to ensure your safety, health, and legal rights. Here’s what you need to do:
- Follow Medical Advice – First, you should follow all medical advice and treatment plans from your healthcare provider, attend all follow-up appointments, and take any prescribed medications. This not only helps you recover but also provides documentation of your injuries and treatment.
- Document Everything – Keep detailed records of everything related to the truck accident. This includes medical bills, repair costs for your vehicle, and any other expenses incurred due to the accident. Also, write down your account of the accident while it’s still fresh in your mind. Note the date, time, weather conditions, and any other details that may be relevant.
- Notify Your Insurance Company – Report the accident to your insurance company as soon as possible. Provide them with all necessary information, but be careful not to admit fault or speculate about the cause of the accident. Stick to the facts.
- Consult with a Truck Accident Attorney – It’s essential to consult with an experienced truck accident lawyer in Alabama right away. A knowledgeable truck accident attorney can help you navigate the legal complexities, deal with insurance companies, and ensure that you receive fair compensation for your injuries and damages.
- Avoid Discussing the Trucking Accident Publicly – Refrain from discussing the accident on social media or with anyone other than your truck accident attorney, medical providers, and insurance company. Anything you say can be used against you during legal proceedings.
- Preserve Evidence – Keep all evidence related to the accident. This includes photos of the accident scene, your injuries, and vehicle damage. If there were any witnesses, obtain their contact information and statements if possible.
- Track Your Recovery – Keep a journal of your recovery process. Document your pain levels, emotional state, and how your injuries affect your daily life. This information can be valuable when seeking compensation for pain and suffering.
By taking these steps, you can protect your rights and improve your chances of receiving the compensation you deserve after a truck accident in Alabama. Throughout the process, your truck accident lawyer can negotiate on your behalf with the insurance company or, if necessary, file a lawsuit and litigate your case in the court system.
Legal Elements of an Alabama Truck Accident Case
In Alabama, a truck accident case involves several legal elements that the accident victim must successfully prove to recover compensation for their injuries and damages. Here are the key components:
- Legal Duty of Care – The first element is proving that the truck driver and trucking company owed you a legal duty of care. This means they were responsible for ensuring your safety by following traffic laws and regulations. Truck drivers must operate their vehicles safely, while trucking companies must maintain their trucks and hire qualified drivers.
- Breach of Duty – Next, you need to show that the truck driver or trucking company breached this duty of care. A breach occurs when they fail to act responsibly. Examples include speeding, driving while distracted or fatigued, failing to maintain the truck properly, or not following federal regulations. Evidence such as traffic citations, maintenance records, or witness statements can help to prove that a breach occurred.
- Causation – It’s not enough to show that there was a breach of duty; you must also demonstrate that this breach caused the accident and your injuries. This element, called causation, connects the at-fault party’s actions directly to the harm you suffered. For example, if a truck driver ran a red light and hit your car, causing your injuries, this breach of duty led directly to the crash.
- Damages – The final element involves proving that you suffered damages because of the accident. Damages can include medical expenses, lost income, property damage, and pain and suffering. You must provide documentation, such as medical bills, repair invoices, and evidence of lost income, to support your claims.
To satisfy these legal elements, truck accident victims (through their attorneys) may introduce several types of evidence, including all of the following:
- Police reports which establish fault for the accident
- Medical treatment records that causally relate the injuries to the accident
- Medical bills which show the cost of the accident victim’s treatment
- Reports from accident reconstructionists and medical experts
- Lost income documentation from an employer which shows the amount of time the accident victim missed from work and the amount of money they lost
Common Injuries in Alabama Truck Crashes
Truck crashes in Alabama often result in serious injuries due to the size and weight of commercial trucks compared to passenger vehicles. Here are some of the most common injuries seen in these accidents:
- Head and Brain Injuries – Head injuries are frequent occurrences in truck accidents. They can range from concussions to comas and other traumatic brain injuries (TBIs). These injuries usually happen when the victim’s head hits something inside the vehicle or is violently shaken. TBIs can have long-term effects, impacting memory, cognition, and personality.
- Spinal Cord Damage – The force of a truck crash can damage the victim’s spinal cord, leading to partial or complete paralysis. These injuries are life-altering, often requiring extensive medical treatment and rehabilitation. Spinal cord injuries can also cause loss of sensation and motor function below the injury site.
- Neck and Back Injuries – Whiplash is a common neck injury in truck accidents, resulting from a sudden jerking motion of the victim’s head. Back injuries, including herniated discs and fractured vertebrae, are also prevalent. These injuries may cause chronic pain and limit mobility.
- Broken Bones – The force of a truck collision can easily break bones. Common fractures include arms, legs, ribs, and collarbones. Some broken bones require surgery and long-term physical therapy to heal properly.
- Internal Injuries – The blunt force trauma from a truck crash can cause internal injuries, such as damage to organs like the liver, kidneys, or lungs. Internal bleeding is also a serious risk and can be life-threatening if not treated promptly.
- Cuts and Lacerations – Shattered glass, twisted metal, and other debris can cause deep cuts and lacerations. These wounds may require stitches or surgery and can lead to significant scarring.
- Burns – If a truck accident causes a fire or explosion, burn injuries can occur. Burns are not only extremely painful but can also result in severe scarring and disfigurement. They often require specialized medical care and long-term rehabilitation.
- Psychological Injuries – Beyond physical injuries, truck accidents can also lead to psychological trauma. Victims may experience anxiety, depression, or post-traumatic stress disorder (PTSD). These mental health issues can be just as debilitating as physical injuries and often require professional treatment.
Recovering Compensation for Injuries in an Alabama Truck Collision
When someone suffers an injury in a truck accident in Alabama, they may be entitled to recover different types of monetary damages. These damages help to compensate for the losses and suffering resulting from the accident. The three main categories are economic damages, non-economic damages, and punitive damages.
Economic Damages:
Economic damages are meant to cover the financial costs directly resulting from a truck accident. They include:
- Medical Expenses – This covers all of the accident-related medical bills, such as hospital stays, surgeries, medications, physical therapy, and any future medical treatments needed for ongoing injuries.
- Lost Income – If the accident causes you to miss work, you can claim lost income. This includes the income you lost while treating for your injuries, along with any future earnings if you can’t return to work or have to take a lower-paying job.
- Property Damage – Economic damages also cover the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Out-of-Pocket Expenses – These are any additional costs you’ve had to pay because of the accident, such as transportation to medical appointments, rental car costs, and help with household chores you can’t do because of your injuries.
Non-economic Damages:
Non-economic damages compensate for the non-financial aspects of your suffering. They include:
- Pain and Suffering – This compensates for the physical pain and discomfort resulting from your injuries. The amount may vary depending on the severity of your injuries and the duration of your pain.
- Emotional Distress – Truck accidents may cause significant emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). Non-economic damages can cover the effects of this emotional suffering on your life and well-being.
- Loss of Enjoyment of Life – If your injuries prevent you from enjoying the activities you once loved, you can receive compensation for this loss. This includes hobbies, sports, and spending time with family.
- Loss of Consortium – This type of damage covers the effects of the accident on your relationships – especially the loss of companionship or support from a spouse.
Punitive Damages:
Punitive damages are not meant to compensate for losses but to punish the wrongdoer and deter similar behavior in the future. They are awarded in cases where the truck driver or trucking company acted with gross negligence or intentional misconduct. For example, if the driver was under the influence of drugs or alcohol, punitive damages may be awarded.
Injured In A Truck Accident?
Call an Experienced Alabama Truck Accident Attorney about Your Legal Matter Today
Truck accidents can lead to serious injuries, financial hardships, and other consequences. A knowledgeable truck accident lawyer in Alabama will aggressively advocate for your rights and work to maximize the compensation award you receive through settlement or litigation.