When large trucks are involved in an accident, the results can be catastrophic due to their size and weight. Fatalities are not uncommon, and accident victims who survive may be left dealing with tremendous pain and suffering and mounting medical, hospital, rehabilitation, and household bills, at a time they are unable to work.
If you or a loved one has been injured or someone has died in a truck accident due to another party’s negligence or fault, you should be entitled to compensation for your losses through insurance or a personal injury lawsuit. However, truck accident claims are extremely complicated, and insurance companies will often try to deny or minimize claims, or even make it seem as if the accident is your fault, so it is difficult to go up against them on your own. An experienced truck accident lawyer who knows how to deal with insurance companies, their lawyers, and the multiple rules and laws pertaining to truck accidents can help take the burden off you and fight for the settlement you deserve.
The Tillmans Corner truck accident attorneys at Caldwell Wenzel & Asthana (CWA) know trucking laws and the tactics insurance companies use to avoid payment. We are fully prepared to investigate your truck accident and hold the at-fault parties accountable for all your losses.
We offer a free consultation to determine the best way to handle your case, so call us today for your free, no-obligation case evaluation.
How Our Truck Accident Lawyers Help You
Why Choose Us?
When searching for a truck accident attorney, it is important to look for one you not only feel comfortable with, but one who also has the knowledge, experience, and resources necessary to investigate, negotiate, and litigate complicated truck accident claims. Here are some reasons why we feel Caldwell Wenzel & Asthana is your best choice:
- Our seasoned attorneys have the experienced you need. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success both in and out of the courtroom.
- We have many victories and proven case results getting the largest payouts possible, and are highly recommended by many satisfied clients. We win big, including an $8,000,000 medical malpractice case.
- We offer an attractive attorney referral program, and have received referrals from our esteemed colleagues, past clients, lawyers, and judges.
- We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial.
- We are available. When you hire us, you receive our full attention, compassion, and commitment to see the case through to a successful conclusion.
- We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.
Damages Our Truck Accident Lawyers in Tillmans Corner May Recover
In a successful truck accident case, you should receive compensation for all costs and losses you suffered from the accident, which includes both your economic and noneconomic damages.
Economic damages are your monetary losses, such as:
- Costs of medical and rehabilitation care, medications, and medical devices and equipment
- Modifications to your home or vehicle, such as to accommodate a wheelchair
- Property damage
- Lost income and future income from being unable to work.
Noneconomic damages are those that do not have a specific dollar value but negatively impact your quality of life and may include:
- Physical and emotional pain and suffering, depression and anxiety
- Loss of quality of life and consortium
- Permanent disability
- Wrongful death.
Determining Liability in a Tillmans Corner Truck Accident Case
Determining liability is extremely important in an Alabama truck accident case because of the state’s strict contributory negligence rule. This means that if you are found to be even 1% at fault for the accident, you cannot recover damages.
To prove negligence legally, your attorney would have to show the existence of the following elements:
- Duty: The defendant owed you a duty of care not to cause harm.
- Breach: The defendant breached that duty through actions or failure to act.
- Cause: This breach caused the accident that injure you.
- Damages: You suffered damages as a result.
Our attorneys would investigate the accident thoroughly to gather evidence to show that another party was negligent and at-fault for causing the crash that injured you. For example, the Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to obtain special licenses and training and places strict limits on work hours and the amount of on-duty driving allowed. If truck drivers and trucking companies failed to follow the established laws and regulations, such as those related to vehicle safety equipment, speed limits, insurance requirements, hours of service, or were driving distracted or while under the influence of alcohol or drugs, they may be found negligent and at-fault for the accident.
Other negligent parties in truck accident cases may include:
- The truck’s manufacturer, or manufacturer of its parts, if these were defective
- The cargo shipper or loader, if the truck was loaded improperly and was off-balance
- The owner of the truck
- Maintenance crews that failed to make repairs properly
- Third-party contractors or other drivers that may have been involved in the crash.
Our truck accident attorneys know that vehicle malfunction, mechanical problems, and employer neglect contribute to a great number of crashes. Under federal law, trucking companies are responsible for the actions of their employee drivers, and truck owners and manufacturers are responsible for the safe condition of the equipment. We will seek to identify all parties who may have been negligent, as they all may have assets and insurance that can go toward a settlement.
How Our Tillmans Corner Truck Accident Lawyers Work for You
Time is of the essence when dealing with truck accidents, as trucking companies may try to destroy evidence, such as training records and the truck’s black box data. When you retain Caldwell Wenzel & Asthana, we start working for you immediately. We will:
- Meet with you to hear how your accident happened and determine who the at fault parties may be and what your case should be worth
- Ensure that you get proper medical treatment and that all injuries are documented
- Investigate the accident to gather and preserve evidence, such as from damage to the truck, black box data, traffic photos and videos, police and medical records and reports, and interviews with witnesses and first responders
- Calculate all damages, including current and future medical expenses, lost wages, pain and suffering
- Hire truck accident reconstruction experts and life-care experts to determine fault and to estimate the costs and effects of your injuries into the future
- Handle all communications and negotiations with insurance companies and opposition attorneys for a fair settlement
- Prepare your case for trial and present evidence in court if a settlement can’t be reached.
Whether through negotiations or taking your case to court, our Tillmans Corner truck accident injury attorneys will fight for the maximum compensation possible. When you have us on your side, you can rest assured that we will keep you informed about any developments in your case and provide guidance should important decisions arise. We will take care of all paperwork and court filings in a timely manner, and ensure that all legal deadlines such as the statute of limitations are met.
Truck Accident FAQS
While all your questions are best answered in your consultation, here are some answers to questions we hear most often:
How Much Compensation Can I Receive?
Damage award amounts can vary widely in a truck accident case, from thousands to millions of dollars, depending on the circumstances of the case and factors such as the severity and permanence of your injuries and the actual costs of care and losses. There are no caps on compensatory damages in Alabama, but punitive damages are capped at either three times the compensatory damages or $500,000, whichever is greater.
Are There Time Limits for Filing a Case?
Yes, Alabama has a statute of limitations, or time limits for filing. According to the law (Alabama Code Section 6-2-38), you generally have two years from the date of the accident to file a claim, or the courts are likely to refuse to hear your case, so do not delay.
Is Alabama an At-fault State?
Yes, Alabama follows the at-fault rule, also known as a tort or fault system. This means at-fault drivers must pay for the other person’s losses, including medical bills and property damage, so it is especially important to have your attorney show you are not at fault.
Get Help from Our Experienced Truck Accident Attorneys
The Tillmans Corner personal injury truck accident attorneys at Caldwell Wenzel & Asthana have the skill, experience, and commitment to obtain the best possible recovery for you. We have a reputation for providing aggressive, results-oriented legal representation which serves our clients well. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.
Put our skilled, experienced truck accident lawyers to work on your case now, while evidence is fresh and witnesses can be found.
Call us at (251) 444-7000 today to schedule a free, no-obligation case consultation