Suffering injuries in a crash of any kind can be devastating. You could face a mounting pile of medical bills that you’re not sure how you’ll pay, as well as dealing with the inability to work as you recover. Filing a claim can help you receive compensation, but the process can be complicated when there are numerous potentially liable parties. That could be the case when dealing with a FedEx truck accident. To have a chance to recover fair compensation, the most important step you can take is to hire FedEx truck accident attorneys in Alabama.
At Caldwell Wenzel & Asthana, PC, our team of lawyers can assist you if you’ve experienced injuries as a result of another party’s negligent or wrongful conduct.
Contact our team of FedEx truck accident lawyers by calling us at (251) 444-7000.
Why Choose Us?
How Caldwell Wenzel & Asthana, PC Can Help
After a truck accident, you can be in shock and unsure of what your next steps should be. Above all, the first thing you should do is contact experienced lawyers who can guide you through the process of filing a claim. At Caldwell Wenzel & Asthana, PC, we are a firm of dedicated attorneys who understand what you’re going through and the expenses you have suffered because of another party’s negligence.
We have decades of combined experience as trial lawyers, so we know how to aggressively represent those who entrust us with their claims. We take on all types of truck accident cases, no matter how complicated they may be; and although we strive to get settlements for our clients, we don’t shy away from filing lawsuits and going to court if that’s the best option.
With our team, you’re getting experience and dedication combined with an in-depth understanding of Alabama law. This gives you the opportunity you need to receive the compensation you deserve.
Understanding Liability in Alabama FedEx Truck Accident Cases
Alabama is a fault-based state, so being able to recover the losses you sustained in a collision depends on whether someone else was liable for the accident. Unlike most states, however, Alabama follows pure contributory negligence laws which state that if you were in any way responsible for causing the accident, you can’t recover losses. That’s a serious obstacle that requires a good amount of evidence against those who were at fault.
When dealing with FedEx truck accidents, the process can be a bit more complex than when dealing with regular passenger vehicles, because the company itself can be liable. But is that always the case? Here’s a closer look at liability.
When the Trucker May Be Liable
In many instances, the truck driver will be to blame for the collision. Negligent actions on their part, such as being intoxicated, driving while distracted, or speeding, can all result in significant accidents, especially in residential streets where the majority of these drivers work. Most people assume that FedEx drivers are always company employees and that FedEx will be liable for the losses its workers cause. However, FedEx employs a large number of independent contractors.
If a trucker is not technically an employee, they may be held individually responsible for losses they cause. Unless the driver actively behaved against company policies, it’s still possible to make the argument that FedEx is liable, however. You will need experienced Alabama lawyers to help you through this process.
When FedEx May Be Liable
FedEx has the responsibility to employ only people who have the appropriate level of training and who are qualified to do the job. The company must perform background tests on applicants as well as train them and carry out periodic monitoring to ensure they are providing the expected quality of service. If the company fails in any of these duties, it can be held liable for negligent hiring practices.
FedEx is also responsible for maintaining its vehicles. If the company doesn’t perform the necessary checks to make certain the vehicle is roadworthy, it can be held responsible for any accident that a malfunction of a truck causes.
Keep in mind that employers are responsible for the actions of their employees through the doctrine of respondeat superior, but only if the accident occurs while the employee is performing their job duties. Additionally, this would not apply if the driver is an independent contractor.
Backed by over 25 years of combined legal experience, our team of lawyers has been able to win millions of dollars in settlements and verdicts for our clients.
FAQ
If you’ve been in a FedEx truck accident and have questions about the process, we can help.
How much time do I have to file a FedEx truck accident claim in Alabama?
As with other types of personal injury cases, you will typically have two years after the accident to file a claim. If you miss this statute of limitations, you’ll be barred from recovering losses.
Can I recover losses if I was partly responsible for the crash?
No. Alabama doesn’t allow you to recover losses if you contributed to the accident in any way. Even if you were only 1% at fault, you can’t receive compensation.
Is FedEx liable for the accident?
The answer will depend on the exact circumstances of the collision. If the driver was an independent contractor, which is often the case, then FedEx is generally not liable. There may be exceptions, however, so speaking with a lawyer is vital.
Can I file these claims without a lawyer?
Although you can file on your own, it’s never a good idea. Establishing liability is complex when dealing with companies like FedEx, so you need experienced representation.
To learn more about how to begin a claim after a FedEx truck accident in Alabama, contact our team.
Trust Reliable Alabama Lawyers
Contact Caldwell Wenzel & Asthana, PC
After suffering injuries in a FedEx truck accident in Alabama, you need aggressive lawyers who can fight for your rights. At Caldwell Wenzel & Asthana, PC, our team of personal injury attorneys provides the guidance you need after a collision.
Speak with one of our Alabama truck accident lawyers by calling (251) 444-7000.