Who Can be Held Responsible for a Truck Accident in Alabama?

Even the most oversized passenger vehicles are no match for big trucks during crashes. Tractor trailers can weigh up to 80,000 pounds when fully loaded and stretch more than 80 feet in length. Because of the risks that big trucks pose to drivers and passengers in other vehicles, the Federal Motor Carrier Safety Administration (FMCSA) governs the trucking industry via rules and regulations, but those requirements are not always followed.

Understanding the facts surrounding the devastation that truck accidents can cause, especially when negligence is involved, is how the team of Caldwell Wenzel & Asthana develops a solid case to support your claim. The FMCSA requires that all parties involved in the trucking industry abide by specific rules, but when they fail to do so, they can be held liable for any injuries or accidents that occur. Our team delivers the answers to who is liable for an Alabama truck accident.

Why Choose Caldwell Wenzel & Asthana

• Driven by Facts: We work hard to uncover all the information that supports your claim, making your compensation our top priority.
• Litigation Skills: Our strong litigation skills are proven repeatedly in the successes we achieve when we work for our clients. Our attorneys will never back down when facing a trucking industry armed for battle.
• Compassionate, Personal Service: We understand that our clients have suffered enough from the negligence of the trucking industry. Our job is to recover compensation for you as you focus on physical recovery.

How Can Our Team Help You?

It is overwhelming to tackle the daunting amount of work that goes into a strong case. We are here for you to:

• Collect all the evidence and connect the dots in the form of medical reports, accident reports, and any other legal documentation
• Identify witnesses to the accident and expert witnesses who will testify
• Serve as a mediator between other parties involved in the accident, defense attorneys and insurance companies
• Aggressively prove your accident claim in court if necessary
• Negotiate the highest amount of compensation for your accident.

Who Can Be Held Responsible for a Truck Accident in Alabama?

Many parties can be held responsible for a truck accident in Alabama. However, it often takes research and understanding of the law to get to these facts.

Truck Drivers

Required to abide by the same laws as other drivers, truck drivers should drive at or below the speed limit, never drive while impaired, and avoid distractions. They are also subject to strict regulations for rest and sleep schedules to prevent driver fatigue.

Truck Companies

Truck companies utilize their trucks to transport goods. There are established requirements concerning weight limits and loading procedures, but truck companies do not always abide by them to maximize profits.

Truck Owners

Large trucks can rack up tens of thousands of miles or more annually. To save money, truck owners fail to make timely repairs, increasing the risk of accidents when strict maintenance schedules are not followed.

Truck Manufacturers

The manufacturer can be held responsible for any accident caused by defective parts produced or sold.

Municipalities

The municipality that maintains roads and highways can be held liable for improper maintenance if an accident results from their negligence.

How is Liability Determined in Alabama Truck Accidents?

Determining liability in an Alabama truck accident can be a tedious job, often seeming impossible when you are unsure where to start. To receive the appropriate compensation, determining who is liable is critical, and that is where a victim can benefit from the diligent investigation of an Alabama truck accident attorney. It is not uncommon for more than one party to be at fault, which can complicate your ability to locate all the documentation to prove liability.

Gathering Evidence for an Alabama Truck Accident

Gathering and documenting the evidence in a truck accident takes time but is necessary to prove your claim against the responsible party and determine liability. Without proper documentation, it is not uncommon to have your claim reduced or dismissed entirely, producing a devastating blow to a victim already traumatized by severe injury and suffering financial and personal loss. It is imperative to start collecting evidence immediately after a truck accident.

Not all trucking records are kept indefinitely. An attorney can create legal avenues to prevent vital information from being deleted, erased, or altered. Gathering this information is pertinent to prove whether or not the trucking company followed safety rules and regulations. Many trucks now contain sophisticated monitoring systems that indicate what was happening precisely when the accident occurred.

Other types of documentation that add to the evidence in your claim and that prove the damages a victim sustained are:

• Medical records, including hospital, doctors, and therapy reports
• Police reports
• Post-accident test results screening for drugs and alcohol
• Truck inspection logs
• Truck driver logs
• Truck driver’s driving record and medical history
• Witness statements
• Electronic onboard recording device (EOBR) data
• Phone records from the truck driver
• Trucking company’s history
• Weigh station reports leading up to the accident
• Truck maintenance logs.

What to do Immediately Following an Accident

The most important thing is to call for medical help if you are injured. Sometimes, specific injuries do not show up immediately. Shock, a rush of adrenaline, and fear may keep you from realizing the severity of the accident and your injuries.

To begin proactively documenting the accident, follow these steps to help make an impact on the outcome of your claim and determine liability:

• Call law enforcement immediately, even if the accident does not seem significant and your injuries seem minor. Critical evidence at the scene needs to be documented directly by an official source.
• Take pictures and videos of the accident, documenting all vehicles involved, their damage, and your surroundings. This information will also help confirm the time of day and verify whether weather or other natural factors played a part in the accident.
• Collect insurance information of the drivers involved in the accident and take pictures of their insurance information if possible.
• Document the make and model of the vehicles involved and take pictures of the license plates on each vehicle.
• Collect the contact information of witnesses. Ask them to share any photos or videos they captured of the incident.
• Do not admit fault or accept blame for the accident. It is a common courtesy to say, “I am sorry,” but the truck driver’s insurance company may use your politeness against you.
• Do not talk about the accident with onlookers while waiting for the police to arrive.
• Notify your insurance agent immediately and provide them with the appropriate information.
• Collect a copy of the police report. You may also request one.

In a world constantly connected by social media, it is also imperative not to post any information about your accident online, including photos or videos. And it is best to stay off social media until your claim has been resolved. Any photos showing you participating in activities can be used as proof that your injuries from a truck accident are not as severe as you claim.

Determining Liability in Court for an Alabama Truck Accident

A competent attorney will work to settle your claim without going to trial. But in court, the importance of expert witnesses should not be overlooked. They possess expertise in many areas, providing validity to your claim and helping to establish liability in court. Two types of expert witnesses may be beneficial in determining liability in a truck accident in Alabama:

• Consulting Experts: This expert will work with attorneys on your claim providing information on technical topics related to an accident.
• Accident Reconstruction Expert: This expert will often document the evidence of an accident in reverse by analyzing evidence from the scene to develop conclusions about an accident, offering compelling information. Three-dimensional recreations of an accident may be used and can provide valuable insight to a jury, establishing liability.

There are three elements an attorney will need to prove to show liability in a truck accident:

• It must be proven that the defendant owed you a duty of care.  Every driver is responsible for exercising reasonable care to avoid harm to others on the road.
• It must be proven that a defendant breached their duty of care. A breach happens when a defendant does not meet the standard of care required.
• It must be proven that any injuries you received were caused by a defendant’s breach in the standard of care.

Unmatched Representation in an Alabama Truck Accident

Blaming begins immediately after an accident, so never make recorded statements to the defendant’s insurance adjuster or representative. A seemingly helpful representative for the trucking company and its driver may seem eager to assist you, looking to efficiently settle a claim so that your expenses can be taken care of quickly. But the insurance company’s goal is to pay as little as possible to victims of truck accidents in Alabama.

Compassionate representation is what our team will offer as we work to help you establish liability and get back on track after an accident. Speaking with a representative today can help you act within the proper time frame to determine who is liable if you are involved in a truck accident in Alabama. Your recovery begins when you reach out to Caldwell Wenzel & Asthana.

Contact us today: (251) 444-7000