Truck Accident Attorneys in Orange Beach, AL

A fully loaded semi-truck can weigh as much as 80,000 pounds, so when one is involved in an accident, the results can be catastrophic. Smaller vehicles can be decimated; devastating injuries may result; and fatalities are not uncommon. Survivors 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, especially since the trucking industry is regulated by both federal and Alabama laws. Insurance companies want to pay out as little as possible, so they will often try to deny or minimize claims or even make it seem as if the accident is your fault.

Fortunately, there is legal help available. The Orange Beach truck accident attorneys at Caldwell Wenzel and Asthana Personal Injury Lawyers know how to deal with insurance companies, their lawyers, and the tactics insurance companies use to avoid payment. We are fully prepared to fight for the settlement you deserve and hold the at-fault parties accountable for all your losses.

We offer a free, no-obligation consultation to determine the best way to handle your case, so call us today.

After a truck accident, it is essential to get legal assistance as soon as possible, as trucking companies have been known to attempt to destroy evidence such as driving and training records and the truck’s black box data. When you retain Caldwell Wenzel and Asthana Personal Injury Lawyers, we begin working for you immediately.  We will:

• Meet with you to hear how the accident occurred, determine who the at fault parties may be, and estimate what your case is worth
• Ensure that you get proper medical treatment and that all injuries are documented
• Take care of all paperwork and court filings in a timely manner
• Investigate the accident to gather and preserve evidence, such as from damage to the truck, black box data, traffic photos and videos, police reports and medical records and interviews with witnesses and first responders
• Hire experts in accident reconstruction and life-care to determine fault, calculate all damages, and 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 advocate for you in court if a settlement can’t be reached through negotiations.

Our attorneys will be there for you throughout the entire process, providing guidance, answering your questions and keeping you informed of any developments in your case.

One of the first questions clients often ask is how much compensation they will receive. Amounts can vary greatly in truck accident cases, from the thousands to millions of dollars depending on the individual circumstances involved. However, in a successful case, you should receive compensatory damages that cover all costs and loses you suffered from the accident — both your economic and noneconomic damages:

Economic damages are for your monetary losses, such as:

• Medical and rehabilitation costs, including equipment and modifications to your home or vehicle, such as to accommodate a wheelchair
• Property damaged in the accident
• 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.

There are no caps on compensatory damages in Alabama, but punitive damages, which can be awarded in rare cases involving oppression, fraud, wantonness, or malice, are capped at either three times the compensatory damages or $500,000, whichever is greater (Ala. Code § 6-11-20).

Determining negligence and 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 injured you, the plaintiff.
• Damages: You suffered damages as a result.

Proving negligence in a truck accident case can be tricky, as there may be multiple parties who contributed to the crash. That is why it is so important to conduct prompt and thorough investigations, to gather evidence, and to have knowledge of all pertinent laws.

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, or 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 owner of the truck
• The manufacturer of the truck or its parts, if these were defective
• The cargo company, if the truck was loaded improperly and was off-balance
• Maintenance crews that failed to make repairs properly
• Supervisors or company leadership who fail to provide safety training or do background checks on perspective employees
• Third-party contractors or other drivers involved in the crash.

Our attorneys 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.

Due to the complexities of truck accident cases, it is important to find an attorney who has the essential knowledge, experience, and resources to investigate, negotiate, and litigate your claim.  Here are some reasons why we feel you should choose Caldwell Wenzel and Asthana Personal Injury Lawyers:

• Our seasoned attorneys have the necessary experience. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and a long record of success both in and out of the courtroom.
• We have proven case results getting the largest payouts possible, such as an $8,000,000 medical malpractice case, and are highly recommended by many satisfied clients. We offer an attractive attorney referral program, receiving referrals from 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.